BlueMask
c/o sway Sports & Health GmbH
Aufeldgasse 66
3400 Klosterneuburg
AUSTRIA

Phone: +43 (0) 2243 22713 800 Fax: +43 (0) 2243 22713 9
E-Mail: office@sway.at & info@bluemask.eu
Web: www.sway.at & www.bluemask.eu

Represented by: Benjamin Matzinger
Authorized signatories: Christopher Braeuer
Register Court: Landesgericht Korneuburg (District Court)
Company Registration: FN 526072 k | VAT-ID: ATU75122056

Trade authority: Bezirkshauptmannschaft Tulln
Business purpose: Trade with goods of all kinds

sway™ is a registered trademark of sway Sports & Health GmbH
© 2020 sway Sports & Health GmbH

Cookie Policy for sway Sports & Health GmbH

This is the Cookie Policy for sway Sports & Health GmbH, accessible from www.sway.at

What are cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies, please read “What Are Cookies”.

How we use cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The cookies we set

  • Account related cookies

    If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

  • Login related cookies

    We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

  • Email newsletters related cookies

    This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

  • Orders processing related cookies

    This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

  • Surveys related cookies

    From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

  • Forms related cookies

    When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

  • Site preferences cookies

    In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third party cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

  • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

    For more information on Google Analytics cookies, see the official Google Analytics page.

  • Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

  • From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

  • As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

  • The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.

    For more information on Google AdSense see the official Google AdSense privacy FAQ.

  • We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.

  • Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.

  • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; {List the social networks whose features you have integrated with your site?:12}, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. 

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

  • Email: office@sway.at
  • By visiting this link: www.sway.at/contact
  • Phone: +43 2243 22713 800

Who we are

The address of our website is: https://www.bluemask.eu & https://www.bluemask.shop.

What personal information we collect and why we collect it; when visitors leave comments on the website, we collect the data displayed in the comment form as well as the visitor’s IP address and the user agent identification of the browser to facilitate spam detection.

An anonymous string of characters generated from your email address (also known as a hash) may be provided to the Gravatar service to see if you use it. The Gravatar Service Privacy Policy is available here: https://automattic.com/privacy/. Once your comment is approved, your profile picture will be visible to the public in connection with your comment.

Media

When uploading pictures to the website, you should avoid uploading pictures with embedded location data (EXIF GPS). Website visitors can download and extract any location data from images on the website.

Contact form cookies

If you leave a comment on our website, you can choose to save your name, e-mail address and website in cookies. These are for your convenience so that you do not have to fill in your details again if you leave another comment. These cookies are valid for one year.

When you visit our registration page, we set a temporary cookie to determine whether your browser accepts cookies. This cookie contains no personal information and is discarded when you close your browser.

When you log in, we also set several cookies to store your login information and your choice of screen display. Login cookies last two days, and screen option cookies last one year. If you choose “Remember Me”, your login will last for two weeks. When you log out of your account, the login cookies are removed.

When you edit or publish an article, an additional cookie is stored in your browser. This cookie does not contain any personal data and only shows the Post-ID of the article you have just edited. It expires after 1 day.

Embedded content from other websites

Articles on this website may contain embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves exactly as if the visitor had visited the other website.

These sites may collect information about you, use cookies, embed additional tracking by third parties, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged on to this site.

With whom we share your data

Your data will not be passed on to external companies.
Your data may be visible to our contractual partners;  Texstar Produktions- und Beteiligungs GmbH, Grausam Handels GmbH and Reeblr Consulting e.U. – due to the ordering and shipping process.
Address data, name and, if necessary, telephone number will be passed on to our shipping partner so that your order reaches you safely.

How long we keep your data

If you leave a comment, the comment and its metadata will be preserved indefinitely. This allows us to automatically detect and approve follow-up comments instead of keeping them in a moderation queue.

For users who register on our website (if any), we also store the personal information they provide in their user profile. All users can view, edit or delete their personal information at any time (unless they cannot change their username). Site administrators can also view and edit this information.

What rights you have over your data

If you have an account on this website or have left comments, you can request an exported file with the personal information we have stored about you, including any information you have provided to us. You can also request that we delete any personal information we have stored about you. This does not include data that we need to keep for administrative, legal or security purposes.

Where we send your data

Comments from visitors can be checked by an automatic spam detection service.

Where we store your data

Some of your data is stored on our own host systems in Austria and on our servers in external data centers in Munich and Nuremberg, Germany. All data is stored in the EU.

Our contact information:

info@bluemask.eu
+43 224 322713 800

Postal address:

BlueMask
c/o sway Sport & Health GmbH
Aufeldgasse 66
3400 Klosterneuburg
AUSTRIA

(1) GENERAL INFORMATION

(1.1) The Operator of the online shop https://www.bluemask.eu is

sway Sports & Health GmbH, with registered office at Aufeldgasse 66, 3400 Klosterneuburg, Austria, Reg. No.: FN 526072 k, Tax No.: 07377/7526, VAT No.: ATU75122056, District Court: Landesgericht Korneuburg, Trade authority: Bezirkshauptmannschaft Tulln, tel.: +43 2243 22713 800, email: info@bluemask.eu (“seller”).

(2) INTRODUCTORY PROVISIONS

(2.1) Application. These general business terms and conditions (“business terms and conditions”) of the seller set forth the mutual rights and duties of the contracting parties, which have emerged in connection with or under a purchase contract (“purchase contract”) between the seller and the buyer (“buyer”) by means of the seller’s on-line shop at https://www.bluemask.eu (“e-shop”). Provisions that differ from the business terms and conditions can be agreed upon individually in the purchase contract.

(2.2) Consumer and entrepreneur; these business terms and conditions relate to the buyer in the position of a consumer, i.e. a physical person who, when concluding and performing the purchase contract, does not act within its business activity, employment or profession (“consumer”), and also to the buyer in the position of an entrepreneur, i.e. a physical entity – entrepreneur or a legal entity which, when concluding and performing the purchase contract, acts within the limits of its business activity, employment or profession (“entrepreneur”). These business terms and conditions contain exceptions according to which some provisions do not relate to the entrepreneur.

(2.3) Rejection of the entrepreneur’s draft contract; the e-shop is not primarily intended for entrepreneurs. The seller is entitled, without giving a reason, to reject to conclude the purchase contract with the entrepreneur, which the buyer in the position of an entrepreneur accepts.

(3) CONCLUSION OF THE PURCHASE CONTRACT

(3.1) Goods The e-shop contains a list of goods offered by the seller for sale, including prices of individual offered goods. Any sale offers of goods in the e-shop are not binding and the seller is not obligated to conclude the purchase contract in relation to the goods.

(3.2) Postage and packing fees; the costs of postage and packing are borne by the buyer according to the method selected when ordering the goods. These costs are listed at https://www.bluemask.eu

(3.3) Purchase order; the buyer can order goods by completing an order form in the e-shop (“order”). The buyer must add the ordered items into an electronic shopping cart. To complete the order, the e-shop requires the following information:

(i) the buyer in the position of a consumer: name, surname, billing address, telephone number and e-mail address;

(ii) the buyer in the position of an entrepreneur: business name, place of business or registered office, registration number (Reg. No.), tax number (Tax No.), VAT number (VAT No.) (if he is a VAT payer);

(iii) delivery address if different from billing address, registered office or place of business;

(iv) payment method;

(v) delivery method.

(3.4) Checking and correcting data; before sending his order, the buyer can check and change data that he entered into his order, also with regard to possibility to identify and correct errors that occurred during the entering of the data into the order.

(3.5) Dispatch of the order; the buyer will dispatch his order to the seller by clicking a “Send the order with obligation to pay” button. The seller considers the data in the order correct and binding. The buyer is responsible for providing true and correct data.

(3.6) Confirmation of the delivery of the order; the seller will confirm to the buyer the delivery of the order immediately after the delivery of the order. Depending on the nature of the order (quantity, purchase price, shipping costs, postage and other fees), the seller is always entitled to ask the buyer for additional confirmation of the order (for instance, in writing or by phone).

(3.7) The right to cancel the order; the buyer is entitled to cancel the order, i.e. to withdraw his proposal for the conclusion of the purchase contract, without any sanctions until the moment the order is dispatched. The buyer is obligated to inform the seller on the cancellation of the order by means of e-mail or by phone.

(3.8) Conclusion of the purchase contract; the delivery of the seller’s confirmation of the acceptance of the order does not mean that the purchase contract has been concluded. After the order confirmation is delivered, the seller will verify the availability of the goods and the purchase contract is concluded on the basis of the seller’s binding acceptance of the buyer’s proposal for the conclusion of the purchase contract in the form of an e-mail confirmation that the goods is ready for collection or has been dispatched. Under the purchase contract, the seller is obligated to hand over the subject matter of purchase to the buyer and the buyer is obligated to take over the subject matter of purchase and to pay the seller an agreed purchase price. The purchase contract will be stored in e-mail accounts of the seller and the buyer. The buyer notes that the seller reserves the right to reject the conclusion of the purchase contract, especially with persons who have substantially breached the purchase contract in the past (including the business terms and conditions).

(3.9) Duration of the purchase contract; the purchase contract terminates when obligations of both contracting parties have been fulfilled.

(3.10) The costs of means of communication; the buyer agrees with the use of electronic communication when concluding the purchase contract. The buyer will cover the costs of such communication that he uses in relation to the conclusion of the purchase contract (Internet connection costs, phone calls).

(4) PRICE OF GOODS AND PAYMENT TERMS

(4.1) Purchase price; prices of goods offered are inclusive of value added tax. Total price can also include shipping costs, postage and other costs and fees, of which the seller will inform the buyer in an appropriate manner. The offer of the sale of goods and prices of the goods remain valid for a period during which they are displayed in the e-shop. This provision is without prejudice to the seller’s possibility to conclude the purchase contract under individually agreed terms and conditions.

(4.2) Payment method; the buyer can pay the price under the purchase contract in the following way:

(i) online – using the following debit/credit cards: Visa, Visa Electron, Master Card and Maestro. If a payment card is rejected, the seller will contact the buyer and ask him to accept another payment method related to the transfer of payment to the seller’s account in his bank: OBERBANK AG IBAN: AT67 1500 0043 0103 7687

(4.3) Components of the purchase price; in addition to the purchase price, the buyer is obligated to pay shipping costs, postage, packing and other costs and fees of which the seller will inform the buyer in an appropriate manner. Unless otherwise stated, the purchase price also includes shipping costs, postage and other costs and fees.

(4.4) Payment of purchase price before dispatch; in cases when the buyer does not confirm his order additionally, the seller is entitled to require the payment of the entire purchase price before the goods is dispatched to the buyer. Possible discounts related to the prices of goods that the seller offers to the buyer cannot be mutually combined.

(4.5) Invoicing; the seller is a payer of value added tax. The seller will send a tax document containing a purchase price together with VAT and maturity period – invoice in electronic form to the buyer not later than on the day of the delivery of the goods.

(4.6) Consent to the issuance of an electronic invoice; by completing his order, the buyer agrees with the issuance of an electronic invoice and the delivery thereof to the buyer’s e-mail address.

(4.7) Availability of goods; the e-shop contains information on stock availability in relation to majority of items. If the stock availability of an item is not stated and if there is information on a usual delivery period, it means the period of procurement from the supplier.

(4.8) Gift certificates; the buyer in the position of a consumer can make use of gift certificates. The gift certificates are negotiable items issued by the seller and related to the buyer’s purchase only. A certificate code is used to claim a negotiable item. The seller can generate for the buyer an alternative code if the buyer’s purchase was not completed or if the buyer withdrew from contract within a 14-day period. A new code does not result in the change of the negotiable item.

(5) DELIVERY OF GOODS

(5.1) Delivery method; the seller will choose a delivery method when placing an order according to currently available options. Possible delivery methods are as follows:

(i) telivery by courier

Goods delivery period depends on the selected delivery method and the carrier’s procedure.

(5.2) Goods takeover by the consumer; goods is considered taken over by the consumer at the moment when the consumer or a third party appointed by him, with the exception of carrier, takes over all items ordered or, if

(i) the goods ordered by the consumer in one order is delivered separately, at the moment when the goods that was delivered as the last was taken over,

(ii) the goods consisting of several items or pieces is being delivered, at the moment the last item or the last piece was taken over,

(iii) the goods is being delivered repeatedly during a specified period, at the moment the first delivered goods was taken over.

(5.3) Additional costs; if a shipping method has been agreed on the basis of the buyer’s requirement and the shipping method differs from shipping methods stated in these business terms and conditions, the buyer bears the risk and possible additional costs associated with this shipping method. If, under the purchase contract, the seller is obligated to deliver goods to a place specified by the buyer in his order, the buyer is obligated to take the goods over when delivered. If, for a reason on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with a different delivery method. When taking the goods, the buyer is obligated to inspect the package for possible damage and if there are any defects the buyer is obligated to immediately inform the carrier about this. In the case of an obvious damage to the package and suspected unlawful handling of the shipment, the buyer is obligated to inform the carrier about this fact.

(5.4) Goods damaged by carrier; a complaint about possible failure to deliver goods due to carrier’s fault or a damage to the goods caused by the carrier must be lodged to the carrier’s employee.

(6) WARRANTY

(6.1) Warranty period for the consumer; the consumer is entitled to a twenty four (24) month warranty period, with the exception of perishable goods or goods in a protective covering that cannot be returned due to health protection or for hygienic reasons and the protective covering of which was damaged after delivery. The warranty period begins on the day the consumer accepted the goods.

(7) COMPLAINTS

(7.1) Lodging a complain; if you want to lodge a complaint, please contact us at:

(i) e-mail address: claims@bluemask.eu;

(ii) telephone number: +43 2243 22713 800;

(iii) or at the seller’s registered office address: Aufeldgasse 66, 3400 Klosterneuburg, Austria

(7.2) Method of lodging complaints; if you want to lodge a complaint, please use a complaint form in Appendix 1.

(7.3) Warranty repairs; warranty repairs are not possible due to the nature of the goods sold.

(7.4) Complaint confirmation; as for a personal complaint, the seller is obligated to give the consumer a confirmation. If a complaint is lodged by means of e-mail or telephone call, the seller will immediately deliver to the consumer a confirmation of the lodging of the complaint; if the confirmation cannot be delivered immediately, it must be delivered without undue delay, however not later than together with a document proving the settlement of the complaint; it is not necessary to deliver the confirmation of the lodging of complaint if the consumer can prove the lodging of his complaint in another way.

(7.5) Rectifiable defects; if it is a defect that can be rectified, the consumer is entitled to a free, timely and proper rectification. The seller is obligated to rectify the defect without undue delay. Instead of rectification, the consumer can request a replacement unless the seller incurs inadequate costs with regard to the price of goods or the seriousness of the defect. Instead of rectifying the defect, the seller can replace a defective thing with a defect-free one, unless the seller suffers serious problems. If a product was replaced, the warranty period begins from the moment when a new product was taken over.

(7.6) Irremovable defects; if it is a defect that cannot be rectified and due to which an item cannot be properly used as a defect-free item, the consumer is entitled to replace the item and to withdraw from the contract. The same rights apply to the consumer in the case of rectifiable defects, if the buyer cannot properly use the item due to repeated defect after repair or due to multiple defects. If it is a different type of defect, the consumer is entitled to an appropriate discount from the price of the item.

(7.7) Settlement of the consumer’s complaint; we strongly recommend not to take over goods in damaged packaging, or to unpack it and to inspect the content of the shipment in the presence of a carrier’s employee. Each properly lodged complaint will be submitted to the manufacturer (or to his responsible representative) for consideration and in the case of a justified complaint, the goods will be replaced as soon as possible, however not later than within thirty (30) days of the lodging of the complaint.

(7.8) Complaints and submissions; under point (7.1), the consumer is entitled to proceed also if he wishes to address his complaints or submissions to the seller. The seller informs the consumer on the settlement of his complaint and submission within fifteen (15) days of the delivery of the complaint or the submission.

(8) WITHDRAWAL FROM CONTRACT

(8.1) The seller’s withdrawal; the seller is entitled to withdraw from the contract due to sellout, unavailability of goods or if the manufacturer, importer or supplier of goods agreed in the contract has discontinued the production or has made such serious changes based on which the seller cannot fulfil his duties arising from the contract, or for reasons of force majeure, or if he exerted all efforts that can be reasonably expected from him and despite that he is not able to deliver the goods to the buyer within a deadline defined by these business terms and conditions or at a price that is stated in the e-shop. The seller is obligated to immediately inform the buyer about this fact and to return to him the price for the goods agreed in the contract within fourteen (14) days of the announcement of the withdrawal from the contract. The seller is obligated to do so by a transfer to the buyer’s account.

(8.2) The consumer’s withdrawal; the consumer is entitled to withdraw from the contract without giving a reason. Further terms and conditions related to the consumer’s withdrawal and information obligations are included in Appendix 2 – Instruction in the Exercise of the Consumer’s Right to Withdraw from the Contract.

(8.3) Dispatch of goods; the seller will dispatch goods, which is available in the warehouse, based on the time selected for delivery or without undue delay within a deadline appropriate to the circumstances, however not later than within thirty (30) days of the conclusion of the purchase contract; otherwise he will inform the buyer on the prolongation of the deadline.

(9) ALTERNATIVE SOLUTION FOR CONSUMER DISPUTES

(9.1) Alternative solution for consumer disputes is a procedure focused on the achievement of an amicable settlement of a dispute between the consumer and the seller and on the prevention of legal disputes between these two entities. If the buyer is not satisfied with the outcome of his request for redress and an attempt to settle a dispute with the seller was unsuccessful, the buyer is entitled to file a motion to a relevant entity of alternative dispute resolution, which is the Austrian Trade Inspection. The Austrian Trade Inspection has all necessary information on an alternative procedure which the seller can use to settle a possible dispute.

(10) PROTECTION OF PERSONAL DATA

(10.1) Principles of the protection of personal data of the seller are available at https://www.bluemask.eu/privacypolicy

(11) FINAL PROVISIONS

(11.1) References and headings; references to an article, a point or an appendix shall be interpreted as references to an article, a point or an appendix of these business terms and conditions. Headings are used only for clarity and they do not affect the interpretation of these business terms and conditions.

(11.2) Governing law; these business terms and conditions are governed by the law of Austria. This is without prejudice to the consumer’s rights arising from generally binding regulations.

(11.3) Miscellaneous; if one of the provisions of the business terms and conditions is or becomes invalid or ineffective, such invalid provision will be replaced with a provision the meaning of which is as close to the invalid provision as possible. Invalidity or ineffectiveness of one provision is without prejudice to validity of other provisions. Amendments and supplements to the purchase contract or the business terms and conditions must be in writing. The purchase contract, including the business terms and conditions, is archived by the seller in electronic form and is not accessible to the public.

(11.4) Amendments; the seller can amend or supplement the text of the business terms and conditions. Amendments and supplements to the business terms and conditions enter into effect on the day they are published on the website. These provisions are without prejudice to rights and duties that arise during the effective period of the previous text of the terms and conditions.

These terms and conditions, including their parts, are valid and effective since 3 April 2020 and are available in electronic form at the e-shop website bluemask.eu

APPENDIX 1  APPENDIX 2 APPENDIX 3