PURCHASE AND USE CONDITIONS
This document (together with the documents mentioned within) establishes the conditions that govern the use of this website (www.pullandbear.com) and the purchase of products on it (herein after referred to as the "Conditions").
These Conditions may be modified. It is your responsibility to read them periodically, as the current conditions at the time of formalisation of the relevant Contract (as defined further on) or of the use of this website shall be those that apply.
If you have any query regarding the Conditions or the Data Protection Policies you may contact us by using the contact form.
The Contract (as defined below) may be executed, at your will, in any of the languages in which the Conditions are available on this website.
2. OUR DETAILS
Sale of goods through this website are carried out under the name PULL AND BEAR by FASHION RETAIL, S.A., a Spanish company with a registered address at Avda. de la Diputación, Edificio Inditex, 15142 Arteixo (A Coruña)SPAIN , registered in the Mercantile Registry of A Coruña, in Volume 3,425, General Section, Page 49, Sheet C-47,731, entry 1, with Tax Number BG3076237092, with the following email address: email@example.com, and the following telephone number: 008001214426.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us with shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all the information and details provided are true and correspond to reality.
4. USE OF OUR WEBSITE
When you use this website and place orders through it, you agree to:
i. Use this website to make legally valid enquiries and orders only.
ii. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the pertinent authorities.
If you do not provide us with all the information we need, you will be unable to place an order.
When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into contracts.
5. SERVICE AVAILABILITY
The articles offered on this website are available for delivery in Bulgaria only. If you wish to order products from another EU member state outside of Bulgaria via this website you are of course welcome to do so; however, the ordered products can only be delivered to a PULL&BEAR shop or a delivery address within Bulgaria.
6. FORMALISING THE CONTRACT
To place an order, you must follow the online purchasing procedure and click “Authorise payment". After doing so, you will receive an e-mail confirming receipt of your order (the "Order Confirmation"). You will be informed that the order is being sent via e-mail (the "Delivery Confirmation").
7. AVAILABILITY OF PRODUCTS
All product orders are subject to availability of the same. To this end, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website nor for removing or modifying any material or content from the website, or not processing an order once we have sent the Order Confirmation.
Notwithstanding clause 7 above regarding product availability and save for extraordinary circumstances, we will endeavour to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated time frame indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or to cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make home deliveries on Saturdays, Sundays, or bank holidays For the purposes of these Conditions, "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you other than the carrier acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
10. INABILITY TO DELIVER
If it is impossible for us to delivery your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again.
If you will not be at the place of delivery at the agreed time, we ask you to contact us to organise delivery on another day.
If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Agreement, we will return to you all payments received from you, including delivery charges (except for any additional costs resulting from your choice of any delivery method other than the least expensive ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which we deem this Agreement to have been terminated.
Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on you.
11. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The product risks shall be your responsibility from the moment of delivery as defined in clause 9 above.
You will take ownership of the products when we receive full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery (as defined in clause 9 above), if that were to take place at a later time.
12. PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, an error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
The prices on the website include VAT, but exclude delivery fees, which are added to the total price as indicated in our Shopping Guide - Delivery Fees.
Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all the articles that you wish to buy, they will have been added to your basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling in or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in the "My Account" area.
You may use, as payment methods, the following cards: Visa, Mastercard, American Express and Visa Electron.
To minimise the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we will make a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
When you click "Authorise payment", you are confirming that the credit card is yours.
Credit cards are subject to verification and authorisation by the card issuing entity, but if the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalise any Contract with you.
We operate in the local currency and we will not charge any extra fees or surcharges. In the case that the debited/refunded amounts on your credit card are different to the price displayed at the checkout/the confirmed amount to be refunded, we suggest that you contact your issuing bank to receive further information about the bank costs related to such transaction.
You expressly authorize us to issue the invoice for payment electronically. This notwithstanding, you may freely indicate at any time your desire to obtain a paper invoice, in which case we will issue it and send it to you in said requested format.
13. VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to the Value Added Tax (VAT), except for those to be supplied directly to customers in the Canary Islands, Ceuta and Melilla.
In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the "reverse charge" (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure.
As regards to orders to be supplied in the Canary Islands and Ceuta and Melilla, they would be VAT exempt as provided under article 146 of the above referred Directive, subject to the application of the relevant taxes and custom duties pursuant to the prevailing rules and regulations.
14. EXCHANGE/RETURN POLICY
14.1 Legal right of withdrawal
As a consumer you have the right to withdraw from the Contract, within 14 days, without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in case of multiple goods in one order delivered separately, after 14 days from the day on which you acquire, or a third party other than the carrier indicated and by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you may notify us at PULL AND BEAR, at the address Pol. Rio do Pozo, Parcela 2 Sector 2, Avenida Gonzalo Navarro, 37-43, 15 578-Narón-España, by calling at the telephone number 008001214426 (free call, except for the regular charge by your local operator), by writing an email to firstname.lastname@example.org or by writing on our contact form, of your decision to withdraw from this Contract by an unequivocal statement (example: a letter sent by post or email). You may use the model withdrawal form as set out in Annex, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery to the original delivery place (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to any PULL AND BEAR store in Bulgaria or by courier, without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
Unless you hand the goods over in a PULL AND BEAR store in Bulgaria, or return the goods by our courier, you shall bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handing other than what is necessary to establish the nature, characteristics and functioning of the goods.
14.2 Contractual right of withdrawal
In addition to the legally recognised right to withdraw for consumers, mentioned in clause 14.1 above, we grant you a period of 30 days from the date of delivery of the products to return the products (except those mentioned in clause 14.3 below, for which the right to withdraw is excluded). In the case you return the goods within the contractual term of the right of withdrawal, but once the statutory period has expired, you will be reimbursed, only, with the amount paid for said products, which means that the delivery costs will not be reimbursed. You will be responsible for the direct costs of returning the product when the return is not carried out in a PULL AND BEAR store in Bulgaria.
You may exercise your right of withdrawal in accordance with the provision of clause 14.1 above, however should you inform us about your intention of withdrawing from the Contract after the legal term for withdrawal, you shall, in any case, hand the goods over to us within the 30 day term as from the delivery date.
14.3 Common provisions
You shall not have the right to cancel the Contract when it is for the delivery of any of the following Products:
i. Customised items
ii. Music CDs/DVDs without their original wrapping.
iii. Sealed goods which are not suitable for return due to hygiene reasons and were unsealed after delivery.
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them. No reimbursement will be made if the product has been used more than just opening it, for products that are not in the same condition as when they were delivered or damaged products, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the ticket which you will have received when the product was delivered. You will find a summary on exercising this withdrawal right when you receive the order.
Upon withdrawal, the respective products shall be returned as follows:
(i) Returns at any PULL AND BEAR store:
You may return any product at any PULL AND BEAR store in Bulgaria which has the same section to which the goods you wish to return belong to. In such case, you should go to such store and present together with the product the ticket received with the delivery of the product.
(ii) Returns by Courier
When returning the product(s) by Courier arranged by us, you should contact us through our web form or by telephone on 008001214426 to arrange for the product to be collected at your home. You should return the product in the same package received by following the directions on the "RETURNS" section of this website.
Neither of the two above options will entail any additional cost to you.
We urge you to return the product as soon as possible, together with the ticket, choosing one of the above two options.
After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory period and all the goods in which the relevant parcel consists of are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid to same payment means you used to pay for your purchase.
You shall assume the cost and risk of returning the products to us, as indicated above.
If you have any questions, you can contact us on our contact form or by calling 008001214426.
14.4 Return of defective products
In cases in which you consider that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately on our contact form, providing the product details and the damage sustained, or by calling us on 008001214426 (free call, except for the regular charge by your local operator), where we will indicate what you need to do.
You must return the product choosing one of the above two options, namely at any PULL AND BEAR store in Bulgaria, or by a courier that we will send to your home address.
We will carefully examine the returned product and will notify you by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming that the refund or replacement of the product is going ahead. The amounts paid for the products returned due to any damage or defect, once verified and deemed as such, will be reimbursed in full, including the delivery costs related to sending the article and the costs to you for returning it to us. The refund shall be credited to the same payment means you used to pay for the purchase.
All rights recognised in current legislation shall be, in any case, safeguarded.
14.5. Right of withdrawal and return for orders from abroad
If you have ordered products from outside Bulgaria from another EU member state via this
website the above clauses 14.1, 14.2, and 14.3 apply with the restrictions that the collection by a courier commissioned by us can only be made from the original delivery address within Bulgaria.
At the same time we would like to inform you that we are under no circumstances (with exception of clause 14.4 to which this clause 14.5 does not apply) obliged to pay shipping costs to destinations other than the original delivery address nor the return costs from destinations outside Bulgaria.
16. LIABILITY AND WAIVING LIABILITY
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
i. In the case of death or personal harm caused by our negligence;
ii. In the case of fraud or fraudulent deceit;
iii. In any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
i. loss of income or sales;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of forecast savings;
v. loss of data;
vi. loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in storage and the transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly.
All product descriptions, information and materials shown on this website are provided "as is", with no express or implied guarantees on the same, except those legally established. We are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented on this website, (ii) are fit for the purposes for which goods of its kind are normally used and (iii) show the quality and performance which are normal in goods of the same type and can reasonably be expected.
To the extent permitted by law, we exclude all guarantees, except those that may not be excluded legitimately in favor of consumers.
The products that we sell, especially artisan products, often have the characteristics of the natural materials used in manufacturing them. These characteristics, such as variations in grain, texture, knots and colour, may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
The provisions in this clause shall not affect your rights as a consumer or your right to cancel the Contract.
17. INTELLECTUAL PROPERTY
You recognise and agree that all copyrights, registered trademarks and other intellectual property rights to the materials or contents provided as part of the website belong to us at all times or to those who grant us license for their use. You may use said material only to the extent that we or the usage licensers authorise it expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or Contact details.
18. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website by intentionally introducing a virus, Trojan horse, worm, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is housed or any server, computer or database related to our website. You agree not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities, and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorisation to use this website shall be suspended immediately.
We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
19. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party material, said links are provided for information purposes only and we have no control whatsoever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.
20. WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you with information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your rights as recognised by law.
The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in clause 20 above and unless otherwise stipulated we may send you notifications either by e-mail or to the postal address you provided us with when placing an order.
It shall be understood that the notifications have been received and have been carried out correctly as soon as they are posted on our website, 24 hours after they have been sent by e-mail, or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mail box, and in the case of an email, that the notification was sent to the email address specified by the recipient.
22. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding both for you and us, as well as for our respective successors, transferees and heirs.
You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.
23. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
i. Strike, lockout or other forms of protest.
ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
iv. Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
24. WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.
25. PARTIAL ANNULMENT
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
26. ENTIRE AGREEMENT
These Conditions and any document referenced in the same constitute the entire agreement between you and us as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.
You and ourselves acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither you nor ourselves shall take any action regarding any untrue statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently) and the only action that may be taken by the other party shall be due to breach of contract in accordance with the provisions of these Conditions.
27. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Terms or Privacy Statement, in which case the possible changes will also affect orders made previously by you.
28. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by Spanish legislation.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognised in any applicable legislation in effect.
29. OUT-OF-COURT SETTLEMENT
If you as a buyer consider your rights have been breached, you can address your complaints to us via the email address email@example.com in order of an out-of-court settlement.
In this regard, if the purchase between you and us has been concluded online through our website, we in line with EU Regulation No. 524/2013 hereby inform you that you are entitled to seek to settle with us the consumer dispute out-of-court through the platform for the online dispute resolution accessible through the Internet address http://ec.europa.eu/consumers/odr/
30. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.
Moreover, there are official claim forms available to consumers and users. Those can be requested by calling 008001214426 (free call, except for the regular charge by your local operator) or through our contact form.
(only fill in and send this form if you wish to withdraw from the contract)
For the attention of Fashion Retail, S.A. trading under the name PULL AND BEAR, at the address Pol. Rio do Pozo, Parcela 2 Sector 2, Avenida Gonzalo Navarro, 37-43, 15 578-Narón-España.
I hereby give notice that I withdraw from my contract of sale for the following goods:
Ordered/received on (*)
Consumer’s signature (only if form is submitted on paper)
(*) Delete as necessary