General Conditions
General Conditions of Contract:
This document establishes the general conditions of the contractual relationship that has as its object the purchase and sale of products offered on this website, and of which the owner and holder is ANDREA HOUSE, SLU with registered office at Primer de Maig, 5-9 (08908) l'Hospitalet de Llobregat; Spain, registered in the Mercantile Registry of Barcelona, Volume 38523, Folio 1 Sheet B 325218 INS. 1ª, with NIF: B-64181274, and the natural and/or legal persons (hereinafter, "CONTRACTING PARTY") who express their desire to purchase the products by means of the request made online through this website. All rights recognized to consumers by current laws and those that may be referred to herein shall apply exclusively to customers who are considered consumers and who act for purposes unrelated to their commercial, business, trade, or professional activity. These user requests constitute the specific conditions to which these general conditions are associated, which the CONTRACTING PARTY must necessarily accept electronically prior to purchasing the product. These conditions are presented to the CONTRACTING PARTY through this same website, so that they may read, print, archive, and accept them. These general conditions, together with the request for specific products made by the CONTRACTING PARTY, imply the formalization of the sales contract between ANDREA HOUSE, SLU and the CONTRACTING PARTY, who declares to have read, understood, and accepted these conditions. The CONTRACTING PARTY may always consult these general conditions through the website.
FIRST.- YOUR DATA AND YOUR VISIT TO THIS WEBSITE.-
The information or personal data provided by the CONTRACTOR will be treated in accordance with the website's Privacy Policy.
SECOND.- PURPOSE OF THE CONTRACT. -
These general terms and conditions apply to purchases made by customers located in Spain and any member country of the European Union. All rights recognized in Spanish and European consumer protection regulations, including Directive 2011/83/EU, apply where applicable.
Under these General Conditions, ANDREA HOUSE, SLU undertakes to deliver to the CONTRACTOR the products that he has requested through the Website in exchange for a fixed price.
By purchasing the products available on this website, the CONTRACTOR declares that:
a) That he or she is of legal age and has the capacity to enter into a contract.
b) That you have read, understood and accept these General Conditions of Contract.
THIRD. -ALTERATION OF GENERAL CONDITIONS.-
ANDREA HOUSE, SLU reserves the right to modify these General Conditions at any time, without prior notice to the CONTRACTING PARTY. The CONTRACTING PARTY is responsible for reviewing them as a prerequisite to purchasing any product available through this Website. In any case, the General Conditions that were displayed on the Website at the time the CONTRACTING PARTY purchased the corresponding products will be considered valid and applicable.
FOURTH.- RIGHTS AND OBLIGATIONS OF ANDREA HOUSE, SLU.-
4.1. Delivery of the product.- ANDREA HOUSE, SLU undertakes to deliver the product in perfect condition to the address indicated by the CONTRACTING PARTY on the order form, which includes the specific conditions attached to these General Conditions. ANDREA HOUSE, SLU shall not be liable for errors in delivery when the information entered by the CONTRACTING PARTY on the order form is incorrect or has been omitted. The approximate delivery time for each product is indicated on the product information sheet and shall in no case exceed fifteen days (deliveries will only be made within Spanish territory, with the exception of the Canary Islands, Ceuta, and Melilla).
In the event of unavailability of the requested product, ANDREA HOUSE, SLU will inform the CONTRACTING PARTY of this fact and inform the CONTRACTING PARTY of the expected delay by email or using the telephone number provided by the CONTRACTING PARTY. ANDREA HOUSE, SLU may then give the CONTRACTING PARTY the option of canceling their order or purchasing an alternative item that may have been offered. If no response is received, it will be understood that the CONTRACTING PARTY wishes to wait for the given period. In the event of impossibility of supplying the requested product, whether due to a lack of supply from ANDREA HOUSE, SLU's suppliers or for any other reason, the CONTRACTING PARTY will likewise be informed of this fact and their order will be cancelled without penalty. ANDREA HOUSE, SLU undertakes to refund the full amount of their purchase within a maximum period of 15 days, subject to special conditions identified, where applicable, in the product information sheet.
4.2. ANDREA HOUSE, SLU's liability. Under no circumstances shall it be liable for:
4.2.1. Errors or delays in access by the CONTRACTING PARTY when entering their data into the order form, slowness or impossibility of receiving the order confirmation by the recipients, or any anomaly that may arise when these incidents are due to problems with the Internet network, causes of unforeseen circumstances or force majeure, and any other unforeseen contingency beyond the company's good faith. In any case, ANDREA HOUSE, SLU undertakes to resolve any problems that may arise and to offer all necessary support to the CONTRACTING PARTY to reach a rapid and satisfactory solution to the incident.
4.2.2. Errors or damages caused by inefficient and bad faith use of the service by the CONTRACTOR.
4.2.3. In the event of inoperability or problems with the email address provided by the CONTRACTOR for sending the order confirmation.
4.2.4. Failures and incidents that may occur in communications, deletion, or incomplete transmissions, such that it is not guaranteed that the website services will be constantly operational.
4.2.5. From the production of any type of damage that the CONTRACTOR or third parties may cause to the Website.
4.2.6. ANDREA HOUSE, SLU reserves the right to suspend access without prior notice, at its discretion, either permanently or temporarily, until liability for any damages that may occur has been established. Furthermore, ANDREA HOUSE, SLU will cooperate and notify the competent authority of these incidents as soon as it becomes aware that the damages caused constitute any type of illegal activity.
4.3 Guarantees:
4.3.1. ANDREA HOUSE, SLU guarantees that all Products available for sale on the Website comply with the international and European standards applicable to product safety.
4.3.2. The warranty applicable to the Product when delivered to the CONTRACTOR is two years, provided that the Product is used by the CONTRACTOR under normal conditions of use, such as those described in the Product Sheet and in the catalogs made available to the CONTRACTOR. Under no circumstances is there a guarantee that the supplied Product will be suitable for responding to a particular problem of the end user.
4.3.3. ANDREA HOUSE, SLU is not obliged to compensate the CONTRACTOR or third parties for the consequences of the use of the Product, whether direct or indirect damage, accidents suffered by people, damage to property other than the Product, damage resulting from or resulting from deterioration.
4.3.4. Defective products must be reported to ANDREA HOUSE, SLU within two months of the discovery of the defect and always within the two-year warranty period.
4.3.5. Shipping costs to the warehouse for defective products within the warranty period are borne by the CONTRACTOR, while ANDREA HOUSE, SLU is responsible for the costs of returning the product to the CONTRACTOR's address.
4.4. Right of withdrawal:
4.4.1. ANDREA HOUSE, SLU grants the CONTRACTOR the right of withdrawal under the terms and time periods established in Royal Legislative Decree 1/2007 of 16 November. In this case, ANDREA HOUSE, SLU will reimburse the CONTRACTOR for the amount paid for the price and applicable taxes, as well as shipping costs, with the exception of any additional costs resulting from the CONTRACTOR's choice of a delivery method other than the least expensive standard delivery method offered by ANDREA HOUSE. The refund will be made to the account number indicated by the CONTRACTOR. The CONTRACTOR has 14 days from the date of delivery of the Product to exercise this right. This date, unless proven otherwise, will be considered to be the date indicated on the delivery document signed by the CONTRACTOR. To exercise this right, the CONTRACTOR must complete the returns form available HERE within the specified time periods and must also send the corresponding Product. In any case, the CONTRACTOR will be responsible for the direct costs of returning the aforementioned product, as well as any damage to it resulting from its return.
The right of withdrawal recognized in this clause is without prejudice to the exceptions established by the legislation itself. By way of example and not exhaustive, this right cannot be exercised with respect to goods that, by their nature, cannot be returned, are susceptible to deterioration, or are manufactured according to the CONTRACTOR'S specifications or are clearly personalized.
FIFTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTOR.-
5.1. Payment.- The CONTRACTOR undertakes to pay in advance the amount for the Product actually requested in the following amount and form:
5.1.1. Amount.- The remuneration for the Product actually ordered by the CONTRACTOR will be the amount indicated on the Website and the amount indicated in the CONTRACTOR's specific request at any given time. These requests will constitute the specific conditions of the specific order. The product prices appearing on the Website include VAT.
The relevant shipping costs must be added to the price listed on the Website for each of the products offered. ANDREA HOUSE undertakes to inform the CONTRACTOR of the shipping costs before formalizing the purchase and in the purchase confirmation email.
5.1.2. Payment methods.- The CONTRACTOR must pay the amount corresponding to his order by:
- Using PayPal or a bank card via the ShopifyPayment or Google Pay POS, the CONTRACTOR will fill out the payment gateway form where they will enter their details and address. They will then be redirected to the PayPal or La Caixa page to make the payment.
5.2. Responsibility of the CONTRACTOR.- In any case, the CONTRACTOR shall be responsible for:
5.2.1. The CONTRACTOR assumes all risks of deterioration, impairment, damage, and loss of the Products from the moment they have been made available to him by the third party who, on behalf of ANDREA HOUSE, SLU, delivers the requested products.
5.2.2. The CONTRACTOR undertakes to check the good condition of the Product with the third party who, on behalf of ANDREA HOUSE, SLU, delivers the requested Product, indicating at that time any anomaly that may be detected in the packaging.
If, after reviewing the contents, the CONTRACTOR detects any incident such as a knock, breakage, or any damage caused by the shipment, he/she undertakes to notify ANDREA HOUSE, SLU within a period of no more than 24 hours after receiving the product.
SIXTH.- RESPONSIBILITY.-
6.1.- ANDREA HOUSE, SLU will in no case be responsible for:
6.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions, such that it is not guaranteed that the website services will be constantly operational.
6.1.2.- From the production of any type of damage that the CONTRACTOR or third parties may cause to the Website.
6.2.- ANDREA HOUSE, SLU reserves the right to suspend access without prior notice, at its discretion, either permanently or temporarily, until liability for any damages that may occur has been established. Furthermore, ANDREA HOUSE, SLU will cooperate and notify the competent authority of these incidents as soon as it becomes aware that the damages caused constitute any type of illegal activity.
SEVENTH.- COPYRIGHT AND TRADEMARK.-
ANDREA HOUSE, SLU informs you that its content, programming, and design of the website are fully protected by copyright. Any reproduction, communication, distribution, and transformation of the aforementioned protected elements is expressly prohibited without the express consent of ANDREA HOUSE, SLU. The brands of the products that ANDREA HOUSE, SLU sells through the website belong to their legitimate owners. ANDREA HOUSE, SLU may establish links or hyperlinks to articles or information from third parties, always citing the source. The legitimate owner of the copyright of this information included here may request the removal of said references at any time.
EIGHTH.- COMPETENT JURISDICTION AND APPLICABLE LAW.-
These general conditions are governed by Spanish law. The provisions of Article 29 of Law 34/2002, of July 11, on information society services and electronic commerce, shall apply to the determination of the place of execution of the sale to which these General Conditions are subject. If the CONTRACTING PARTY is not considered a consumer, any dispute relating to the interpretation or execution of these General Conditions of Contract shall be subject to the jurisdiction of the Courts of the city of Barcelona.
NINTH.- ALTERNATIVE PROCEDURE FOR ONLINE DISPUTE RESOLUTION.-
Without prejudice to the provisions of the previous clause, the European Commission provides an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/. Consumers may submit their complaints through the online dispute resolution platform.
TENTH.- NULLITY OF CLAUSES.-
Should any clause of these General Conditions be declared void, the remaining clauses will remain in effect and will be interpreted taking into account the intention of the parties and the purpose of these conditions. ANDREA HOUSE, SLU may not exercise any of the rights and powers conferred in this document, which will not imply a waiver of such rights or powers unless expressly acknowledged by ANDREA HOUSE, SLU.