Terms & Conditions of the Store
§ 1 Preliminary provisions
- The Andre Grand online store, available at www.andregrand.com.pl, is operated by Andre Grand spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, ul. Floriańska 14, 31-021 Kraków, entered in the National Court Register by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register, under KRS number 0000440008, NIP 676 246 01 86, REGON 122711637.
- Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
- Seller – Andre Grand spółka z ograniczoną odpowiedzialnością with its registered office in Kraków at ul. Floriańska 14, postal code 31-021 Kraków, entered in the National Court Register by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register, under KRS number 0000440008, NIP 676 246 01 86, REGON 122711637. – any entity making purchases via the Store.
- Customer – any entity making purchases via the Store.
- Store – the online store operated by the Seller at www.andregrand.com.pl
- Distance contract – a contract concluded with the Customer under an organised distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of concluding the contract.
- Terms & Conditions – these Terms & Conditions of the Store.
- Order – a declaration of will by the Customer submitted via the Order Form and aimed directly at concluding a Product Sales Agreement for a Product or Products with the Seller.
- Account – the Customer's account in the Store, which stores data provided by the Customer and information about Orders placed by them in the Store.
- Registration Form – a form available in the Store enabling the creation of an Account.
- Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Cart – an element of the Store's software in which the Products selected by the Customer for purchase are displayed, and which also allows the Order data to be set and modified, in particular the quantity of products.
- Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
- Sales Agreement – a product sales agreement concluded or entered into between the Customer and the Seller via the online Store. A Sales Agreement also means – according to the nature of the Product – a service agreement and a contract for a specific work.
§ 2 Contact with the Store
- Seller's address: ul. Floriańska 14, 31-021 Kraków.
- Seller's e-mail address:
This email address is being protected from spambots. You need JavaScript enabled to view it. - Seller's phone number: 533 805 008.
- Seller's bank account number BNP Paribas 76 1600 1039 1893 6719 5000 0001
- The Customer may communicate with the Seller using the addresses and phone numbers provided in this section.
- The Customer may contact the Seller by phone between 11:00 and 19:00.
§ 3 General information
- To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful acts of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
- Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms & Conditions, or by providing the necessary personal and address data enabling the Order to be fulfilled without creating an Account.
- Prices given in the Store are stated in Polish zlotys and are gross prices (including VAT).
- The final (total) amount payable by the Customer consists of the Product price and the delivery cost (including charges for transport, delivery and postal services), of which the Customer is informed on the Store's pages when placing the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
§ 4 Rules for placing an Order
In order to place an Order, you must:
- log in to the Store (optional);
- select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);
- log in or use the option to place an Order without registration;
- if the option to place an Order without registration has been selected – complete the Order Form by entering the Order recipient's details and the address to which the Product is to be delivered, select the type of shipment (method of Product delivery), enter invoice details if different from the Order recipient's details,
- click the “Order and pay” button
- select one of the available payment methods and, depending on the payment method, pay for the order.
§ 5 Available delivery and payment methods
The Customer may use the following methods of delivery or collection of the ordered Product:
- Courier shipment, cash-on-delivery courier shipment
- Personal collection available at: ul. Floriańska y14, 31-021 Kraków.
The Customer may use the following payment methods:
Payment upon collection
- Cash on delivery
- Payment by bank transfer to the Seller's account
- Electronic payments
- Payment by payment card.
- Detailed information on delivery methods and accepted payment methods is available on the Store's pages.
- Ordered goods will be delivered by a courier company. The Customer will be informed of all available delivery methods and costs. In the presence of the courier, the contents and condition of the shipment should be checked to determine whether damage occurred during the courier service. If damage to the shipment is found, a damage report should be drawn up in the presence of the courier, and the Seller should be contacted immediately to clarify the circumstances of the damage and the party responsible.
- For countries outside Poland, the Customer will be informed of shipping costs individually before the order is fulfilled.
§ 6 Performance of the sales agreement
- Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the online Store.
- After an Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment is made by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order. Upon the Customer's receipt of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller. If the Customer selects:
- payment by bank transfer, electronic payments or payment by payment card, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement – otherwise the order will be cancelled.
- cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
- cash payment upon personal collection of the shipment, the Customer is obliged to make the payment upon collection of the shipment within 5 days from the date of receiving information that the shipment is ready for collection.
- If the Customer has selected a delivery method other than personal collection, the Product will be shipped by the Seller within the time indicated in its description, in the manner selected by the Customer when placing the Order.
- In the case of an order for Products with different delivery times, the delivery time is the longest stated time.
- The start of the Product delivery period to the Customer is calculated as follows:
- If the Customer selects payment by bank transfer, electronic payments or payment card – from the date the Seller's bank account is credited.
- If the Customer selects cash on delivery – from the date of concluding the Sales Agreement,
- If the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within the time indicated in the Product description. The Customer will be additionally informed by the Seller that the Product is ready for collection by sending an appropriate e-mail message to the Customer's e-mail address provided when placing the Order.
- Product delivery takes place within the European Union.
- Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the online Store pages under the “Delivery” tab and when placing the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free of charge.
§ 7 Right of withdrawal from the contract
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in section 1 begins from the delivery of the Product to the Consumer or to a person indicated by them other than the carrier.
- The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the expiry of that deadline.
- The statement should be sent by traditional post or courier (attached to the returned goods). The statement may also be submitted using the form whose template constitutes Appendix No. 1 to these Terms & Conditions and an appendix to the Act of 30 May 2014 on consumer rights; however, this is not mandatory.
- Effects of withdrawal from the Agreement:
- In the event of withdrawal from a distance contract, the Agreement shall be deemed not to have been concluded.
- In the event of withdrawal from a distance contract, the Agreement shall be deemed not to have been concluded.
- The Seller shall refund the payment by bank transfer to the indicated bank account number.
- The Seller may withhold the refund of the payment until the Product is received back or until proof of its return is provided, whichever occurs earlier.
- The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by ordinary post in the usual manner.
- in which the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet their individualised needs,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that after the Seller has performed the service they will lose the right to withdraw from the Agreement,
- The right to withdraw from a distance contract does not apply to the Consumer with respect to an Agreement
- in which the subject of the performance is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet their individualised needs,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that after the Seller has performed the service they will lose the right to withdraw from the Agreement.
§ 8 Complaints and warranty
- The Sales Agreement covers new Products.
- In the event of a defect in goods purchased from the Seller, the Customer has the right to lodge a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
- A complaint should be submitted in writing and a document should be attached to the returned pair, sent to the Seller's addresses given in these Terms & Conditions, or using the electronic complaint form made available by the Seller on one of the Store's subpages.
- It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer lodging the complaint, and the Customer's request in connection with the defect of the goods.
- The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, the Customer's request shall be deemed justified.
- Goods returned under the complaint procedure should be sent to the address given in § 2 of these Terms & Conditions.
§ 10 Out-of-court complaint handling and claim pursuit methods
- Detailed information on the Consumer's possibility of using out-of-court methods of handling complaints and pursuing claims, and the rules of access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and at the following website addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php www.uokik.gov.pl/sprawy_indywidualne.php and www.uokik.gov.pl/wazne_adresy.php.
- The Consumer has the following example options for using out-of-court methods of handling complaints and pursuing claims:
- The Consumer is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from an Agreement concluded with the Seller.
- The Consumer is entitled to apply to the voivodeship inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also by using free assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including, among others, the Consumer Federation, the Association of Polish Consumers).
§ 11 Personal data in the online Store
- The controller of Customers' personal data collected via the online Store is the Seller.
- Customers' personal data collected by the controller via the online Store are collected for the purpose of performing the Sales Agreement and, if the Customer consents – also for marketing purposes.
- Recipients of personal data of Customers of the online Store may be:
- In the case of a Customer who uses postal or courier delivery in the online Store, the Controller makes the collected personal data of the Customer available to the selected carrier or intermediary fulfilling shipments on the Controller's behalf.
- In the case of a Customer who uses electronic payments or payment by payment card in the online Store, the Controller makes the collected personal data of the Customer available to the selected entity handling the above payments in the online Store.
- The Customer has the right to access the content of their data and to correct them.
- Providing personal data is voluntary; however, failure to provide the personal data indicated in the Terms & Conditions as necessary to conclude a Sales Agreement results in the inability to conclude that agreement.
§ 12 Final provisions
- Agreements concluded via the online Store are concluded in the Polish language.
- The Seller reserves the right to amend the Terms & Conditions for important reasons, namely: changes in the law, changes in payment and delivery methods – to the extent that such changes affect the performance of the provisions of these Terms & Conditions. The Seller shall inform the Customer of any change at least 7 days in advance.
- In matters not regulated in these Terms & Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; the Act on the protection of personal data.
- The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they may submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
