ANDELLS ONLINE SHOP TERMS AND CONDITIONS effective as of 07.10.2018
Definitions of the terms used in Terms and Conditions:
1. Customer – a natural person, a legal person, or an organizational unit without legal personality which has legal capacity under special regulations which makes a purchase in the Store;
2. Civil Code – the Act of 23 April 1964. (Dziennik Ustaw [Journal of Laws] 2014, item 121 as amended);
5. Goods – products displayed in the Online Store;
6. Sale Contract – a contract to sell Goods within the meaning of the Civil Code, concluded between the entity running the Online Store and the Customer, which is entered into with the use of the Online Store;
7. The Act on Consumer Rights – Act of 30 May 2014 on consumer rights (Dziennik Ustaw [Journal of Laws] 2014, item 827);
8. Act on provision of electronic services – the Act of 18 July 2002 on provision of electronic services (Dziennik Ustaw [Journal of Laws], 144 item 1204 with amendments);
9. Order – Customer statement aimed directly at conclusion of the sale contract, specifying in particular the type and number of the Goods.
II. General provisions
2.1. Andells Sp. z o.o. based in Wroclaw, is the owner of the Online Store. The company has NIP 8971846809 and REGON 368564128.
2.1.1. These Terms and Conditions define the rules for using the Online Store available at www.andells.com and www.andells.pl.
2.2. These Terms and Conditions are the rules referred to in art. 8 of the Act on provision of electronic services.
2.4. These Regulations define, first and foremost:
a) the rules for registration and use of the account within the Online Store;
b) the Terms and Conditions for electronic booking of the products available in the Online Store;
c) the Terms and Conditions of placing electronic orders in the Online Store;
d) the rules of sales agreements in the Online Store;
2.5. Information about the Goods provided in the Online Store, particularly their descriptions, technical and performance parameters, and price, are an invitation to conclusion of a contract within the meaning of art. 71 of the Civil Code.
2.6. The user who places an order has read the content of these Regulations and accepts the provisions specified herein.
III. Online Store Use Terms and Conditions
3.1. The commencement of the use of the Online Store is conditional on registration.
3.2. Registration is done by filling in and accepting the registration form available on our website.
3.3. Registration is conditional on accepting the Terms and Conditions and provision of personal data marked as mandatory.
3.4. Andells may deprive the Customer the right to use the Online Shop, and may limit his/her access to some or all of the Online Store’s resources with immediate effect in the event of the Customer’s violation of the Regulations, particularly when the Customer:
a) at the moment of the registration in the Online Store provided data that was false, inaccurate, outdated, misleading, or violating the rights of third parties,
b) violated personal rights of third parties, particularly of other customers of the Online Store,
c) behaved in other ways considered by Andells as behavior violating binding rules of law or general rules of using the Internet or harmful to the good name of the Andells brand.
3.5. A person deprived of their right to use the Online Store cannot register again without Andells’ prior consent.
3.6. In order to ensure safety of message and data transmission in connection with the services provided within the framework of the Website, the Online Store takes technical and organizational precautions adequate to the seriousness of the safety of services, particularly measures to prevent acquisition and modification by unauthorized persons of the personal data transmitted online.
3.7. The Customer is particularly obliged to:
a) not provide or transfer any content prohibited by law, for example, content promoting violence, libel, or violating personal rights and other rights of third parties,
b) use the Online Store without disrupting its functioning, particularly through the use of specific software or devices,
c) abstaining from actions such as sending or posting unsolicited commercial information (spam) in the Online Store,
d) use the Online Store without causing inconvenience to other customers and the Andells company,
e) use any content of the Online Shop only for personal use,
f) use the Online Store in accordance with the law in force in the Republic of Poland, the Regulations, as well as with the Internet etiquette.
IV. Sales Contract Conclusion Terms
4.1. In order to conclude the Sale Contract through the Online Store, the Customer should access the website www.andells.com or www.andells.pl and choose a product by taking technical steps based on the displayed messages and information available on the website.
4.2. The selection of the Products ordered by the Customer is made by adding them to the basket.
4.3. Our sending of the order is conditional on the Customer’s acceptance of the Regulations and provision of personal data marked as mandatory.
4.4. Placing the Order by the Customer is a declaration of intention to conclude a sales contract with Andells, in accordance with the Regulations.
4.5. After placing the Order, the Customer receives an e-mail with final confirmation of all the essential elements of the Order.
4.6. The contract is recognized as concluded from the moment of the receipt of the e-mail mentioned above.
4.7. The products ordered from the Store can be paid for using the following payment methods:
a) using the Platnosci24 electronic payment system, with which the Store has concluded an appropriate agreement.
b) a bank transfer to the company’s bank account.
c) using the PayPal electronic payment system with which the store has concluded an appropriate agreement.
4.8. Each order completed is accompanied with a purchase document in the form of a receipt.
4.9. A VAT invoice is issued at the Customer’s express request after his/her provision of all the data needed to issue the invoice. The Customer hereby agrees to be sent invoices electronically.
4.10. The prices of the Goods are given in Polish zlotys, euros, Swiss francs, British pounds, American dollars, Danish krone, Norwegian krone, Swedish krona, and they all include the VAT tax. The exchange rates are updated on the website once a day.
4.11. Information on the total value of the Order, including also shipping costs, is displayed after the Customer selects the form of the delivery of the Order.
4.12. The Seller reserves the right to change the prices of the Goods on offer, introduce new products to the Online Store, conduct and cancel promotions in the Online Store, and make changes to them. The above does not affect the Orders placed or Reservations made before the price change, conditions of promotional campaigns or sales, which shall be implemented on the previous basis.
5.1. Delivery of the Goods is not limited to the territory of the Republic of Poland and is made to the address indicated by the Customer at the moment of placing the Order.
5.2. The delivery date is specified in the Order or the Customer is informed about it immediately after placing the Order.
VI. Right to Withdrawal from Contract
6.1. The Customer has a right to withdraw from this agreement within 14 days without specifying a reason.
6.2. To exercise his/her right to withdraw from the contract the Customer must inform the Andells company about his/her decision to withdraw from it in an explicit form (e.g. a letter sent by mail, fax, or e-mail).
6.3. To keep the deadline for withdrawal it is enough to send a notification about exercising one’s right to withdraw from the contract before the deadline for withdrawal.
Effects of withdrawal
In case of withdrawal from this contract Andells shall reimburse all costs incurred by the Customer, including the costs of delivery of the product (with the exception of the additional costs resulting from the choice of a type of delivery other than the least expensive ordinary delivery offered by the Store), immediately and under no circumstances later than 14 days from the withdrawal from this contract. Reimbursement of costs shall be done using the same payment method which the Customer used for the initial transaction, unless expressly agreed otherwise; in any case the Customer shall not incur any costs in connection with the return.
VII. Complaints related to the provision of electronic services
7.1. The Andells company takes action to ensure correct functioning of store, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by customers.
7.2. The customer is obliged to immediately notify Andells about any irregularities or breaks in the functioning of the Service.
7.3. Irregularities related to the Store’s functioning can be submitted by the Customer by e-mail at firstname.lastname@example.org or using the contact form.
7.4. In the complaint the Customer should provide his full name and mailing address and specify the nature and date of irregularities related to the Store functioning.
7.5. The Andells company undertakes to handle any complaint within 14 days, and if this is impossible, to inform the Customer during that period about when the complaint shall be handled.
VIII. Warranty, complaints and returns
X. Protection of privacy and personal data
10.1. Store processes personal data, which the Buyer provides when purchasing products in the Store. The Buyer’s personal data is protected and processed for the purpose and in the scope formulated in the Act of 29 August 1997 on the protection of personal data (Dziennik Ustaw [Journal of Laws] 133, item 883). The administrator of personal data is Andells Sp. z o.o. which may entrust the processing of personal data to the payment operator, if it is necessary for the proper realization of the Order. Customers’ personal data are collected, processed, and protected with utmost care, in accordance with the currently binding rules of law.
10.2. The personal data processed are: the name and surname, address, telephone number, and e-mail address. The purpose of processing this data is execution of the contract, that is, delivery of the Goods that the Buyer has ordered.
10.3. Personal data may be transferred to entities authorized to receive such data, including competent judicial authorities. The data can also be provided to online payment operators. The purpose of this is to enable the Buyer to pay for the Goods online.
10.4. The Buyer has the right to inspect his/her personal data. He also has the right to request their correction, completion, and deletion.
10.5. The store protects the Buyers’ personal data against disclosure to unauthorized persons, as well as other cases of their disclosure or loss, as well as against damage or unauthorized modification. The store also implements appropriate technical measures to protect the Buyers’ processed data, including programming and technical security, primarily data encryption systems.
10.6. The store informs that cookies can be saved on the Buyer’s computer, with cookies being small text files that are used to identify the user to ensure the Store’s proper operation. The user has a right to disable cookies, but this may be related to the more difficult or slower operation of the website.
XI. Final Provisions
11.1. Potential disputes arising between the Andells company and the Customer who is the consumer within the meaning of art. 22  of the Civil Code shall be settled by the courts that has jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.
11.2. Potential disputes arising between the Andells company and the Customer who is not the consumer within the meaning of art. 22  of the Civil Code shall be settled by the court that has jurisdiction over the company’s seat.
11.3. To all matters not settled herein provisions of the Polish Civil Code the provisions of the Act on electronic services, and other relevant provisions of Polish law shall apply.
11.4. The Regulations are an integral part of every contract concluded in the Store. These Regulations are publicly available on andells.com/terms-and-conditions/. The Buyer can save these in the memory of his computer or print them.
11.5. These Terms and Conditions come into force as of 7 October 2018 and can change in the future. The Online Store will inform Buyers about changes to the Terms and Conditions 14 days in advance before the new regulations come into force.