1. Introduction

These Terms & Conditions govern the use of the online store Emilia Burk, including the purchase of any products available on the site. Through this site, Emilia Burk exclusively sells to consumers. If it is determined that an order is not placed by a consumer or is otherwise deemed fraudulent, it will be considered null and void. By accessing our site, making a purchase, or engaging in any activities available on the site, you agree to these Terms & Conditions, forming an agreement between you (hereinafter "Customer", "you", or "your") and Emilia Burk.

2. Objects and Parties

These Terms & Conditions apply to all activities and transactions carried out on www.emiliaburk.com. Emilia Burk reserves the right to suspend or close the site at any time, without prior notice, especially for maintenance or repairs. The products available on this site are intended solely for personal use and are not to be linked with any professional activities. Before placing an order, the Customer confirms they have the legal capacity to comply fully with the obligations arising from the purchase agreement, including payment. Emilia Burk is not liable for any purchases made by individuals lacking legal capacity. In such cases, the legal representatives of these individuals will be responsible for the order and related obligations.

3. Intellectual Property

All copyrights, trademarks, and other intellectual or industrial property rights inherent to the jewellery, products, texts, images, and other content on our site are owned by Emilia Burk or are used by us with permission from the respective owners. Accessing, viewing, or downloading content from the site must respect the intellectual property rights protecting such content. It is prohibited to extract, use, reproduce, or disseminate the site content for commercial purposes, alter it, or incorporate it into any article, publication, or other site. Nothing on this site grants any license, authorization, or right to use any intellectual property rights mentioned. Any unauthorized or improper use of the brand or any other site content is strictly prohibited.

4. Collecting Personal Information

When you visit our site, we collect certain information about your device, your interactions with the site, and information necessary to process your purchases. If you contact us for customer support, we may collect additional information. We refer to any information about an identifiable individual as "Personal Information". Below is an outline of the information we collect and why:

Device Information

• Purpose of Collection: To ensure accurate site loading for you and to perform analytics on site usage to optimize our site.

• Source of Collection: Automatically collected when you access our site using cookies, log files, web beacons, tags, or pixels.

• Disclosure for Business Purpose: Shared with our processor Shopify.

• Personal Information Collected: Web browser version, IP address, time zone, cookie information, sites or products viewed, search terms, and interactions with the site.

Order Information

• Purpose of Collection: To provide products or services to you, fulfill our contract, process payments, arrange shipping, provide invoices and order confirmations, communicate with you, screen for potential risk or fraud, and send you information or advertising related to our products and services in line with your preferences.

• Source of Collection: Collected directly from you.

• Disclosure for Business Purpose: Shared with our processor Shopify.

• Personal Information Collected: Name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.

5. Sharing Personal Information

We share your Personal Information with service providers to help us deliver our services and fulfill contracts with you. For example:

• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here.

• We may share your Personal Information to comply with applicable laws and regulations, respond to lawful requests, or protect our rights.

• We may share your Personal Information with third-party logistics providers to facilitate order delivery or marketing efforts.

6. Payment Information

To offer payment methods like Klarna, we may pass your personal data, such as contact and order details, to Klarna at checkout. Klarna processes this data in line with its privacy notice.

7. Newsletter Marketing

We use your Personal Information to send you email newsletters that may interest you. With your consent, we use your data for marketing our brand. You can unsubscribe from our newsletters anytime by clicking the unsubscribe link in any communication.

8. Who We Share Your Data With

To provide you with newsletter communications, we must share your data with our newsletter platform provider. This platform manages your subscription and sends updates.

9. Marketing by Post

We may share your Personal Information with external partners to send you promotional materials by post unless you opt out. To stop receiving postal marketing, contact us at emiliamarieburk@gmail.com. Once shared, these partners become independent data controllers and manage your information according to their privacy policies.

10. Behavioural Advertising

We use your Personal Information to provide targeted advertisements or marketing communications that may interest you. For example:

• We use Google Analytics to understand how our customers use the site.

• We share information about your site usage, purchases, and ad interactions with our advertising partners. Some of this information is collected and shared via cookies or similar technologies, which you may consent to depending on your location.

11. Using Personal Information

We use your Personal Information to provide services, process payments, ship orders, and keep you updated on new products, services, and offers.

12. Lawful Basis

Under the General Data Protection Regulation (GDPR), if you are a resident of the European Economic Area (EEA), we process your personal information under the following lawful bases:

• Your consent;

• The performance of the contract between you and the site;

• Compliance with our legal obligations;

• Protecting your vital interests;

• Performing a task carried out in the public interest;

• Our legitimate interests, which do not override your fundamental rights and freedoms.

13. Retention

When you place an order through the site, we will retain your Personal Information for our records unless and until you ask us to erase it. For more information on your right to erasure, please see the ‘Your Rights’ section below.

14. Automatic Decision-Making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making, including profiling, which has a legal or otherwise significant effect on you. Our processor Shopify uses limited automated decision-making to prevent fraud without significant legal effects on you. Services that include automated decision-making elements include temporary blacklisting of IP addresses associated with repeated failed transactions and credit cards linked to blacklisted IP addresses.

15. Your Rights

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us.

Your Personal Information will initially be processed in Ireland and then transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper.

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us. If you would like to designate an authorized agent to submit these requests on your behalf, please contact us.

16. Cookies

A cookie is a small amount of information downloaded to your computer or device when you visit our site. We use various cookies, including functional, performance, advertising, and social media or content cookies. Cookies improve your browsing experience by remembering your actions and preferences, such as login and region selection. This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, such as whether it’s their first visit or if they are frequent visitors.

Functional Cookies

These cookies are necessary to ensure the proper functioning of the website. They ensure that information from one page is carried over to the next and that certain preferences you’ve indicated for the use of the website (such as language settings) are retained. Prior consent is not required for using these cookies. These are the cookies necessary for the functioning of the store: