CONDITIONS OF USE AND PURCHASE

CONDITIONS OF USE AND PURCHASE

WWW.ANDA.BARCELONA

This document (together with all the documents mentioned herein) establishes the Conditions that regulate the use of this webpage (www.anda.barcelona) and the purchase of products therefrom (hereafter “Conditions”). We kindly ask you to read these Conditions carefully, as well as our Cookies Policy and our Privacy Policy (“Data Protection Policies”) before using our webpage. By using this webpage or placing an order through it you accept these Conditions and Data Protection Policies. If you do not agree with all the Conditions and Data Protection Policies please refrain from using this site. These Conditions may be changed occasionally. It is your responsibility to read them from time to time as the Conditions existing at the time of purchase or at the time of using the site will be the applicable Conditions.

If you have queries regarding the Conditions or the Data Protection Policies you can contact us via our contact form.

The contract may be legalised in your choice of any of the languages in which the Conditions are available on this website.

2. OUR DETAILS

The sale of items through this website is carried out under the name of ANDA BARCELONA por FADERSON GIRONA, S.L., a Spanish company with registered office at Pl. Wagner, nº 5 – C.P. 08021 Barcelona (Spain), N.I.F. number B-63152573 and registered under the Barcelona Commerce Registry, Tomo 35.462, Folio 35, Hoja B-268.472

The information or personal data you provide will be treated as per our Data Protection Policies. By using this website you accept the treatment of the aforementioned information and data and declare that all the information or data provided is truthful.

4. USE OF OUR WEBSITE

By using this website and placing orders through it you accept the following: 

i. To use this website to look up or place legally accepted orders.

ii. Not to use the website to place a false or fraudulent order. If there is a reasonable indication that an order has been placed in this manner we reserve the right to cancel it and inform the relevant authorities.

iii. To provide us with accurate details regarding your email address, postal address and other contact details. In so doing, you consent to us using this information to contact you if necessary (see Privacy Policy). If you do not provide all the relevant information we will not be able to process your order.

By placing an order on this website you declare to be 18 years of age or over and to have the necessary legal standing to utilise the services offered.

5. AVAILABILITY OF SERVICE

The items offered on this website are available to be delivered worldwide.

6. PLACING AN ORDER

To place an order, you must follow the online purchasing steps and click on “Authorise payment”. Having done this you will receive a confirmation email (Order Confirmation). We will also notify you via email when you order has been shipped (Shipment Confirmation)

7. CORRECTING ERRORS

In the event that you have made a mistake whilst registering your personal details you will be able to correct it in the “User Area”

You can also correct any mistakes related to your personal details whilst you shop by calling Customer Services on 93 60 04 800 or by writing to info@anda.barcelona

This website has various confirmation screens which require accurate information to be provided before an order can be placed.

This website provides details of all the items added to the shopping basket during the purchasing process allowing for changes to be made in your order before placing payment.

If you identify a mistake in your order after having made the payment, please contact our Customer Services immediately by calling the aforementioned number or via email in order to correct the mistake.

8. AVAILABILITY OF PRODUCTS

All orders are subject to availability of the products. If problems were encountered with the product supply or the item ordered is out of stock we will refund the full amount paid.

9. DELIVERY

Except in cases where an item requires personalisation, or in the event of unexpected or extraordinary circumstances, all orders placed and detailed in the Shipment Confirmation will be shipped within the time period detailed on the website according to the delivery option chosen and in any case in no later than 30 days after the Order Confirmation is sent.

If for any reason we could not meet the estimated delivery date chosen, we would inform you of such circumstance and would offer you the possibility of continuing with the purchase process whilst choosing a different delivery option or the possibility of cancelling your order. Please note however that we do not deliver orders on Saturdays or Sundays.

For the purpose of these Conditions, the order will be considered completed once you, or a third party indicated by you, have possession of the goods. This transaction will be certified by means of a signature upon delivery at the agreed address.

10. INABILITY TO DELIVER

If we are not able to deliver your order, we will try to find a safe place to leave it for you to collect. If we are not able to find a safe place to leave the order we will return it to our warehouse leaving an explanatory note indicating how to proceed in order to have the order re-delivered. If you are not going to be at the delivery address at the agreed time, we urge you to contact us to arrange an alternative delivery date.

If after 15 days from the day the order was available to deliver, we have not been able to proceed with the delivery for reasons that may not be attributed to our service, we will understand you wish to cancel the contract and we will consider it terminated. As a consequence of the cancellation of the contract we will return all payments on your behalf, except any payments related to delivery charges, with no unnecessary delays and no later than 14 days after the date the contract is considered terminated. Please bear in mind that any delivery charges originated in the termination of the contract will be charged to the User.

11. RISK AND OWNERSHIP TRANSFER

All risks derived from the products are transferred to the User upon delivery.

You will acquire the ownership of the products once we have received full payment for all the amounts due including delivery charges or when the products have been delivered, (as per the definition found in Clause no. 9), if the delivery does not coincide with the moment of payment and is at a later date. 

12. PRICE AND PAYMENT

All prices on the website include VAT but exclude delivery charges, the latter will be added to the total of the product costs according to the shipment address.

Total amount due as per our Purchase Guide - Shipment.

Prices may be altered at any given time; any price alterations will not affect orders which have already received Order Confirmation, (excluding any cases established previously).

Once you have selected the items you wish to purchase, and have added them to your shopping basket, you must process the order and make payment. To do so, you must follow the steps of the purchasing process, providing or confirming the information detailed or required in each step. You will be able to change this information during the purchasing process.

A detailed description of the purchasing process is available in the Purchasing Guide. If you are a registered user, you can find details of all your purchases in the My Account section.

You may use Visa, MasterCard, American Express and Affinity Card as payment on the website. By clicking on “Authorise Payment” you are confirming that the card you are using is your own or that you are the legitimate holder of that card.

To minimize the risk of unauthorised access, the data on your credit card will be coded. All credit cards are subject to the verification and authorization processes carried out by the issuing card provider, if payment is not authorised by said issuing card provider, we will not be held liable for any delays or the inability to deliver the items selected and we will not be in a position to formalise a contract with you.

13. GUEST CHECKOUT

This website allows you to choose the Guest Checkout functionality to place an order. This functionality requires only the essential personal information needed to process the order. 

Once the purchasing process is complete you will be offered the possiblity to register as a User or continue as a Guest.

14. VALUE ADDED TAX AND INVOICING

In accordance with Article 68 of Law 37/1992, dated 28th. December on Value Added Tax, Spanish VAT will be applied to all orders delivered to addresses located in Spain but not to orders delivered to Canary Islands, Ceuta and Melilla. These orders will be subject to whatever VAT is in force for that item at the time of purchase. Orders to be delivered in Canary Islands, Ceuta and Melilla will be VAT exempt as per article 21 of Law 37/1992 notwithstanding the application of taxes and customs duty which may apply according to local legislation in each of these territories. 

You expressly authorise us to issue all invoices in digital format. A printed copy of the invoice can be sent to you should you require it.

15. RETURNS POLICY

15.1 Exercising rights of withdrawal on a purchase

Right of withdrawal

If you are buying on this website as a consumer and User, you may exercise your right of withdrawing this contract within 14 calendar days with no prior justification.

The right of withdrawal expires 14 calendar days after you or a third party in your name, other than the carrier, acquired the possession of the items, or in the event that the items were shipped in separate packages, 14 calendar days after acquiring possession of the last of the ordered products.

To exert your right of withdrawal you must notify your decision to withdraw the contract in writing to FADERSON GIRONA, Avda. de la Diagonal, 622 , 3 planta Barcelona 08021, by writing to us at info@anda.barcelona.com or by filling in our contact form. This decision must be notified in writing within the aforementioned 14 calendar days. You may use the form found in the appendix of these Conditions if you so wish, although it is not mandatory. 

Consequences of withdrawing on a purchase

In the event of you withdrawing on a purchase, we will return all payments on your behalf, except any payments related to delivery charges, with no unnecessary arrears and no later than 14 days after the date on which you communicate your will to withdraw from the contract. 

All returns payments will be issued by the same method of payment used on the original purchasing transaction. You will not incur in any additional expenses as a consequence of the reimbursement. We may, none the less, not process the reimbursement until we have received the returned items or until you provide proof that the return has been made. 

All returns must be sent or delivered to our aforementioned office.

All returns will be accepted as long as the items are returned within the specified time frame. Any delivery charges resulting from the returning process must be paid for by the User. You will only be held liable for a decrease in the value of the items if they are not handled in an appropriate manner.

Your right to withdraw the contract is only applicable to products that can be returned in exactly the same condition as they were delivered.

If a product has been used, or damaged we will not provide a refund so we urge you to take care whilst handling the items. All returns must include the original packaging, instructions of use and any other documents included on the package.

Once the item has been examined we will confirm whether you are entitled to be reimbursed for the full amount paid.The reimbursement will be processed with no unnecessary delays and no later than 14 days after the date on which you communicate your decision to withdraw.

We may, nevertheless, not process the reimbursement until we have received the returned items or until you provide proof that the return has been made. All returns payments will be issued by the same method of payment used on the original purchasing transaction. The cost and risk of returning the products must be covered by the User. If you have any doubts you can contact us via our contact form or by calling 93 600 48 00.

 

15.5 Returning faulty products

If, upon receiving your products, you do not consider that they match the description of the items ordered, you must contact us immediately via our contacts form with a full description of the product and why you consider it to be faulty. You can also call us on 93 600 48 00 and we will inform you on how to proceed with the returns process.

You can return the product at our office at Diagonal, 622, 3rd floor Barcelona 08021.

We will examine the returned product carefully and we will communicate via email, within a reasonable time, whether the product will be refunded or exchanged for a new one. The refund or exchange will be processed as soon as possible and no later than 14 days after we send the email confirming whether the item will be reimbursed or exchanged.

If indeed a fault is found in the product concerned, we will offer a full refund of the product including the delivery costs and any costs you may have incurred in to return the item to us. The refund will be processed with the same payment method used at the time of purchase.

16. LIABILITY AND LIABILITY EXEMPTION 

Unless otherwise stated in these Conditions, we will solely be held liable in respect of any product acquired through our website for the price of such products.

Notwithstanding, and unless a legal disposition states otherwise, we will not accept liability for the following losses, regardless of the cause:

i.  loss of revenue or sales;

ii. loss of business;

iii.loss of profit or contracts;

iv. loss of expected savings;

v. loss of data; and

vi. loss of management time or office hours.

Due to the open nature of this website we cannot guarantee that mistakes and errors will not be made with regards to storage or conveyance of digital information nor can we guarantee the accuracy and security of the information conveyed or obtained from this website unless otherwise expressly stated. 

19. INDUSTRIAL AND INTELLECTUAL PROPERTY

You understand and accept that all copyrights, registered brand names and other intellectual and industrial property in respect of resources or contents that are part of this website are owned, controlled by or licensed to us. You may use this material if and in the way we, or the license holder expressly authorises you to. This does not prevent you from using the website to copy information relating to your orders or contact details.

20. VIRUSES, PIRACY AND OTHER COMPUTER SYSTEM ATTACKS

You must not make an inappropriate use of this website by introducing virus, Trojans, worms, logic bombs or any other technically harmful program or contents.

You will not attempt to gain unauthorised access to this website, its server or any other server related to the website, website computers or data bases connected to our website. You commit to not attacking this website via a refusal of service or attacking this website via a distributed refusal of service.

Breaching this clause could lead to the commission of offenses classed under applicable regulations. We will notify the relevant authorities of any breach of these regulations and will cooperate with them to reveal the identity of the attacker. 

A breach of this clause will lead to immediate withdrawal of the rights to use this website.

We will not be held liable for any damage or losses resulting from an attack via a refusal of service, viruses or any other harmful program or contents that could damage your computer systems, the information contained on them, damage to data or contents as a result of using this website or downloading content on it or sites related to it.

21. LINKS FROM OUR WEBSITE

Were links to other websites and other third party contents are provided by our website, they are provided only as an informational tool. We hold no control over the contents of these websites. We therefore cannot be held liable for any damage or loses resulting from their use.

22. WRITTEN COMMUNICATION

The applicable regulations require that certain communications with you be in writing. By using this website you are accepting that the majority of such communication with us be via email. We will contact you via email or post notifications on the website. You contractually accept this form of communication and understand that all contracts, notifications, information and other communication we send electronically meet the legal requirement to be classed as “in writing”. This condition will not affect your statutory rights.

23. NOTIFICATIONS

Any notification you send will be, with preference, via our contact form.

With regards to clause 22 and unless stated otherwise, we may send you communications via email or to the postal address you registered when placing an order. The notifications will be considered valid and received by you in the moment they are posted on our website, 24 hours after sending an email or 3 days after the posting date of any letter. To prove that a notification has been implemented, the correct postal address, stamp and delivery will suffice. For emails, the sent confirmation to the email address specified by the User will serve as proof of notification.  

 

24. TRANSFER OF RIGHTS AND OBLIGATIONS

This contract is binding, for both parties as well as for our successors and assignees. 

You may not transmit, waive, encumber or in any other way transfer a contract or any of the rights or obligations derived from it without our prior written consent.

We may transmit, waive, encumber or transfer a contract or any of the rights or obligations derived from it at any moment during the validity of the contract.

To avoid any queries, these transmittals, waivers, encumbers, obligations or other transferrals will not affect the rights you, as a consumer, hold by law and will not declare null, reduce or limit any guarantee, express or implied, we may have granted.

25. FORCE MAJEURE

We will not be held liable for the breach or delay in any of the contractual obligations due to causes beyond our reasonable control (Acts of God / Force Majeure).These causes of Force Majeure include any act, event, loss of practise, neglect, or accident which can be considered beyond our reasonable control. These include:

a. Strikes, lockouts or any other protest related measures.

b. Civil commotions, riots, invasions, terrorist attacks or threats, war (declared or not) or the threat or preparations for war.

c. Fire, explosion, storm, flood, earthquake, shipwrecks, epidemics or any other natural disasters.

d. Impossibility to use trains, ships, aircraft, or other means of transport, private or public.

e. Impossibility to use public or private means of telecommunications.

f. Acts, decrees, legislation, laws or restrictions imposed by any government or public authority.

Our obligations will be suspended for the duration of the period of “Force Majeure” and will be re-established after a period of the same duration as that of the period of “Force Majeure”

We will try our utmost to end the period of “Force Majeure” or to find a way to fulfil our contractual obligations despite the cause of “Force Majeure”.

26. WAIVER

The lack of compliance by us or strict observance of any of the obligations undertaken by you by virtue of a contract or these Conditions or the non legal exercising of any rights or actions we have under this contract or Conditions does not imply the loss or limitation of our rights or actions or your obligation to comply with the aforementioned obligations.

No waiver on our behalf of a right or action will imply a loss or limitation on other rights or actions originating from a contract or these conditions.

No waiver on our behalf of any of these Conditions or rights or actions originating from a contract will take effect unless there is written confirmation to that effect formalizing the situation as per the Notifications section found above.

27. PARTIAL ANNULMENT

If any of these Conditions or any provision of a contract were declared null and void with no binding legal effect by a relevant authority, all other terms and conditions will remain unaffected by said annulment. 

28. FULL AGREEMENT

These Terms and Conditions and any document referred to therein, constitute the entire agreement existing between you and us in relation to their object and replace any other previous pact, agreement or promise convened between you and us, both verbally or in writing.

We both acknowledge that we have accepted the execution of a contract without having trusted in any declaration or promise on the other party’s behalf or that any statement or notice could be inferred in the negotiations initiated by both parties prior to this contract, except what is expressly mentioned in these Conditions.   

Neither you nor we will act upon any untrue statement made by any of the parties, either verbally or in writing, prior to the date of a contract (unless said statement was made in a fraudulent manner) and the only action available to the other party will be for breach of contract as per these Conditions.

29. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to revise and change these Conditions at any time.

You will be subject to the Policies and Conditions in force at the moment of using the website or placing an order, unless we are required to make backdated changes in the Policies, Conditions or Privacy Declaration by law or due to Government enforcement, in which case, the changes may affect previously placed orders. 

30. GOVERNING LAW AND JURISDICTION

The use of our webpage and the purchasing contracts formalised by means of this website are construed in accordance with the laws of Spain.

Any dispute or claim associated with the use of this website or contracts will be subject to the exclusive jurisdiction on the Spanish courts and tribunals.

If you are contracting our services as a consumer, your statutory rights will not be affected as per current legislation.

31. COMMENTS, SUGGESTIONS, CLAIMS AND COMPLAINTS

Your comments and suggestions are always welcome. If you wish to make a comment, suggestion or should you wish to file a claim or complaint please use our contact form, or contact us by phone, email or in writing as per the details in Clause 2 of these Conditions. Official letters of complaint are also available to be used by all consumers and users. You can request for one to be sent to you by calling 93 600 48 00 or via our contact form.

Any claims or complaints received by our customer services will be addressed as soon as possible and within the legally required time frame.

They will be registered with a reference code which will facilitate any follow up on the issues addressed.

If you are a consumer and you feel your rights have been infringed, you can forward us your complaints via email at info@anda.barcelona.com to request an extrajudicial solution to the dispute.

In this respect, if the purchase has been made online, through our website in accordance to Regulation No 524/2013 of the EU, we inform you that you are entitled to request an extrajudicial dispute resolution with regards to consumable materials which you can access at the following link:

Internet http://ec.europa.eu/consumers/odr/.

Waiver Form

(You should only fill in this form if you wish to waive the contract)

For the attention of Faderson Girona, S.L. operating under the commercial name as ANDA Barcelona, with registered office in Avda. de la Diagonal, 622, 3 floor Barcelona 08021, Spain and email address info@anda.barcelona.com

I hereby notify you that I withdraw my sales contract for the following product: Ordered on / received on (*):

Consumer name:

Consumer address:

Signed by the consumer (if the form is presented in writing) Date:

(*) Delete if not applicable.