Andie Terms of Service
Welcome to the Andie website (“the Site,” “we,” “us,” or “our”). Andie Co. provides this Site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our Site. By using this Site, you agree to follow and be bound by the following rule below. If you do not agree to these Terms, please do not use this Site in any way.
Additionally, Andie reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.
Description of Service
Andie is an online retailer of designer-quality goods offered at great values to the consumer.
All of the content that appears on the Andie website, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by Andie. The entire content of the Andie website is copyrighted as a collective work under U.S. copyright laws. Andie grants you a limited license to access and make personal use of the content on this Site. Content of the Andie website is intended solely for the personal, noncommercial use by the users of our Site.
Andie may contact you or provide you with service-related and or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.
At Andie, we are committed to providing our customers with great quality products at low prices. Our products are sold online only at limited quantities and availabilities. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our Returns & Exchanges section for further assistance.
You cannot access or use the Andie website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Andie cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Also, you agree that no comments or other user submissions submitted by you to the Andie website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Andie strives to create an interactive relationship with the members of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Andie on or by this Site shall be and remain Andie property. Users assign all property rights and interests to Andie allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Andie shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.
Correction of Site Errors
The information on the Andie website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
By use of this Site, you agree to indemnify and hold Andie (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).
Modification/Termination of Website
In the event of termination, you will still be bound by your obligations under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Andie shall not be liable to you or any third-party for any termination of your access.
Third Party Links
To improve our Site, Andie may use and promote services provided by outside third parties. However, even if the third party is affiliated with Andie, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, ANDIE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE PRODUCT BY A USER IS AT THE USER’S RISK.
LIMITATION OF LIABILITY
ANDIE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF ANDIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Modification and Termination
Affirmation of Agreement
Thank you for reading this Agreement thoroughly and carefully. You hereby acknowledge and affirm that you have read and agree to be bound by all of the Terms herein.
Andie collects customer information in an effort to enhance and personalize your shopping experience. This information allows us to communicate with our customers about our products, services and promotions.
When you place an order, submit your account information, or participate in Andie promotions or surveys, our Site collects your personal information such as your name, e-mail address, mailing address and payment information (credit card numbers and banking accounts). Andie will use your information collected online to process and fulfill your order. Additionally, your e-mail address may be collected at various points within the Site (including when you place an order with us) so that we can send you any necessary e-mail messages related to your order, such as order and shipping confirmations.
In addition, we maintain a record of your purchase history, product interests, and whatever other membership details that might enable us to improve your shopping experience. Analytics such as Site use and traffic patterns are also considered to help us improve the design of our website, the products we make and exclusive services we offer. At Andie, we understand and recognize that we must maintain and use customer information responsibly.
Please note: You are not required to submit any information to our Site. However, without providing the requested information, you may be unable to access certain features of our Site, including placing an order.
Using Facebook as well as other Site connection methods, we may utilize your personal data to better your individual Andie experience. We take your privacy seriously and abide by all Facebook terms, policies and agreements. Your data is kept secure and no actions are taken on your behalf without prior permission.
Additional Means of Obtaining Information
As you navigate our site, your preferences are remembered through the temporary use of “session” cookies. Cookies enable our systems to gather information about your browser as well as monitor the navigational patterns you take while browsing the site. Site users have the option to accept or disable cookies at any time through their browsers. If you choose to disable your cookies, your user experience may be limited.
Web data is collected to monitor user trends on our Site. Analytical data such as hits to our server, traffic patterns and page views shows us where our audience is coming from and how they interact with us online. This type of collected information does not personally identify specific Site users. In addition, like most websites, our Site may utilize “web beacons,” “pixel tags” or other tracking technologies to help us study the actions of our users through non-personally identifiable information. This data may be aggregated with similar data collected from other users to help us improve Andie products, services and our overall Site experience.
We also contract with a third-party advertising partner to serve ads on our behalf across the internet and sometimes on this site. They will collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of receiving advertisements tailored to your interests by our third party partner, visit the Network Advertising Initiative at www.networkadvertising.org/choices.
Information Sharing with Outside Parties
Andie may also share your personally identifiable and/or your non-personally identifiable information, including your name, address, email address, and any transactions you conduct on our Site or offline with us with a third-party advertising partner and its service providers in order to deliver you advertising tailored to your interests when you visit certain other websites. Our advertising partner makes the data we provide anonymous.
Andie will never rent or sell your e-mail address. We do not share credit card information with third parties except for the purpose of processing your order payment and as required by law. If for any reason you choose to access a third party website linked to our Site, you do so at your own risk. We are not held responsible for how these outside parties collect, use, protect or disclose the information you provide them.
Your California Privacy Rights
California Civil Code Section 1798.83 permits Andie users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at hello(at)andieswim(dot)com with the subject line “California Policy” and your request in the body of your email.
Address and Correction
Links to Other Websites; Social Media
How to Unsubscribe from Andie Emails
You can unsubscribe from receiving Andie emails at any time. You can unsubscribe by clicking on the “Unsubscribe” link in the footer of any Andie email and following the instructions.
How We Protect Personal Information
We employ top physical, electronic, and administrative safety measures to assist us in protecting your personal information and credit card data. These safeguards help us to prevent fraud and unauthorized access as well as maintain data accuracy. In addition, we use professionally reasonable efforts to block access to your personal information from Andie employees and corporate partners to ensure your personal information is always kept safe.
Children's Privacy and Parental Controls
This Site is not intended for persons under the age of 13, and we have no intention of collecting or soliciting Personal Information from persons under the age of 13. If you are not 13 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors. If a child under age 13 has provided us with Personal Information, we will use all reasonable efforts to delete such information from our database.
Access to the Services from Outside of the United States
Terms of Service on EU and UK Orders
1. You are shopping on a merchant’s website (the “Merchant”).
2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.
3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:
3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.
3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.
3.3 The Merchant remains responsible for handling payment for your order.
3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.
3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.
3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.
4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.
6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.
9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:
9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions.
9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.
9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:
(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:
- a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
- a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
- a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and
(B) In relation to the transport of a Product or Products to an address:
- in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
- in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.
You may be eligible to receive a personal link that allows you to invite individuals to purchase items from Andie, giving that individual a certain amount of credit to use on the Site, and when they successfully purchase the minimum amount of merchandise as stated by the promotional offer, then you will receive a certain amount of credit as well (such credits, “Referral Credits”) which may only be redeemed via the Andie Site (the “Referral Program”). After one year, the Referral Credits will expire. Referral Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred or exchanged for cash.
Referral Credits may not be earned by creating multiple Andie accounts. Referral Credits accrued in separate Andie accounts may not be combined into one Andie account. A referred friend may only use one referral link. If a referred friend receives referral links from multiple Andie Users, only the corresponding Andie User of the referral link used by the referred friend will receive Referral Credit.
If for any reason you believe that there is a discrepancy regarding your balance of Referral Credits, please contact us. Andie may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Andie’s sole discretion.
You are responsible for any tax consequences, if any, that may result from your redemption or use of Referral Credits. Where applicable, Andie may be required to account for VAT on any services for which the Referral Credits are redeemed.
Sharing Referral Links
Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. By submitting any email addresses to the Referral Program, you represent that you have the appropriate permission and consent to do so. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).
Andie may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason.
We reserve the right to suspend accounts or remove Referral Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the Terms. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
The scope, variety, and type of services and products that you may obtain by redeeming Referral Credits can change at any time.
Updates to this Privacy Notice
How to Contact Us
Attn: Chief Executive Officer
20 Jay Street, Suite 903
Brooklyn, NY 11201