TERMS AND CONDITIONS OF USE AND PURCHASE WWW.PULLANDBEAR.COM /CO
This document (along with all documents mentioned in it) establishes the terms and conditions governing the use of this website (www.pullandbear.com/co) and the purchase of products on it (the “Terms and Conditions”), regardless of the application, digital media, medium or device used to access the website. Please read these Terms and Conditions carefully, as well as our Privacy and Cookies Policy (“Privacy and Cookies Policy”) and Personal Data Protection Policy (jointly, the “Personal Data Protection Policies”) before using this website. Upon using this website or placing an order through it, you agree to these binding Terms and Conditions and to our Personal Data Protection Policies, and as such, you should not use this website if you do not agree to all of the Terms and Conditions or the Personal Data Protection Policies.
These Terms and Conditions may be modified. You are responsible for reading them each time you make a purchase on the website, as the terms and conditions in force when entering into each Contract, at the time of using the website, shall apply.
If you have any queries regarding the Terms and Conditions or Personal Data Protection Policies, you can contact us via our contact channels.
You may choose to formalise the contract in any of the languages in which the Terms and Conditions are available on this website.
2. OUR INFORMATION
Items are sold on this website under the name PULL&BEAR by ANDIMODA S.A.S., a company incorporated according to the laws of the Republic of Colombia, and identified with Tax ID No. 900.468.085-1, with its registered address at Bodega Guadalete Vereda Fusca Autopista Norte Kilometro 21 Chía, Cundinamarca. Telephone: 667 22 00 and email address: firstname.lastname@example.org .
ANDIMODA S.A.S. is the entity authorised by ITX MERKEN, B.V., with its registered address at Nieuwezijds Voorburgwal 307, 1012, Amsterdam, the Netherlands, to offer, distribute and sell its products on this website.
3. YOUR INFORMATION AND VISITS TO THIS WEBSITE
The information or personal data that you provide us shall be processed in accordance with the Privacy and Cookies Policy and the Personal Data Protection Policies. By using this website, you agree to the processing, storage, transmission and/or national or international transfer of the information and data, and you state that all the information and data provided are true and accurate.
4. USE OF OUR WEBSITE
By using this website and placing orders on it, you agree to:
i. Use this website for legally valid consultations or orders only.
ii. Not place any false or fraudulent orders. If we can reasonably assume that an order of this kind has been made, we shall be authorised to cancel the order and inform the relevant authorities.
iii. Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Personal Data Protection Policy).
If you do not provide us with all the information we require, we will not be able to process your order.
When placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. Minors may not place orders on the website.
5. SERVICE AVAILABILITY
The items offered via this website are only available for delivery within the Colombian territory, except in areas or zones of Colombia where, due to difficulty of access, communication or similar considerations, it can be justified that said offer is not available.
Products shall not be sold to Amazonas, Guainía, Guaviare, Vaupés, Vichada, San Andrés, Providencia and Santa Catalina.
6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on "Authorise Payment". After this, you will receive an email acknowledging the receipt of your order (the "Order Confirmation"). We will likewise inform you via email that the product is being shipped (the “Shipping Confirmation”).
7. TECHNICAL MEANS OF CORRECTING ERRORS
If you see that an error was made in entering your personal information when registering as a user of this website, you can modify said information in the “My Account” section.
In any event, you can correct errors related to the personal data you provided during the purchase process by contacting our customer services through the chat available on the website or our official social network accounts, as well as exercise your right to rectification set out in our Personal Data Policies
This website displays confirmation windows in several sections of the purchase process that do not allow you to continue with your order if the data in these sections has not been entered correctly. Furthermore, this website provides details on all of the items you have added to your basket during the purchase process, so that you can modify your order before making the payment.
If you notice an error in your order after the payment has been processed, please contact customer service immediately through the chat available on the website or our official social media accounts, in order to correct the error.
8. PRODUCT AVAILABILITY
All orders are subject to product availability. If problems should arise in supplying the products or if items are out of stock, we will refund the amount paid.
Unless there are circumstances arising from customisation of the products, or unexpected or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the time indicated on the website for the selected delivery method, and, in any event, within the maximum period of 30 days from the date of the Order Confirmation.
We will inform you of delivery costs when you process your purchase.
PULL&BEAR in-store collection – FREE: The customer can collect their garment at any store in the market. The person collecting the order must show their identity document. If the person collecting the product in-store did not make the purchase (the customer is solely responsible for the management and security of their pullandbear.com/co account), they must show their ID and the email with the order number or QR code.
Home delivery: you can request home delivery of your garment by providing delivery address details.
If, for some reason, we are not able to comply with the delivery date, we will inform you of such a circumstance and give you the option to continue with the purchase, establishing a new delivery date, or to cancel the order with a full refund of the price paid. In any case, keep in mind that we do not make home deliveries on Sundays or public holidays.
For the purposes of these Terms and Conditions, it will be understood that the “delivery” has taken place or that the order has been “delivered” at the time you or a third party indicated by you acquires material possession of the products, signing to confirm receipt of the purchase at the agreed delivery address.
10. FAILURE TO DELIVER
If we cannot deliver your order after three (3) attempts, we will take your order to the point established by us. In this case, we will leave a note explaining where your order is and what to do for it to be delivered again. If you are not going to be in the place of delivery at the agreed time, please contact us to arrange the delivery for another day or time.
If 10 days have passed since your order has become available for delivery and the order has not been delivered due to reasons which are not attributable to us, we shall understand that you wish to withdraw from the contract and it shall be deemed terminated. Following the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of any additional charges resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without any undue delay and, in any case, no later than 30 days after the date we consider the contract to be terminated. Please remember that transport resulting from terminating the contract may carry an additional cost, and as such we are authorised to pass these costs on to you.
11. TRANSFER OF RISK AND OWNERSHIP
Product risks shall be your responsibility from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery costs, and you will be responsible for them from the time of delivery (as defined in clause 9 above), if delivery takes place at a later time.
12. PRICE AND PAYMENT
The prices on the website include VAT but exclude delivery costs, which are added to the total amount owed as explained in our Shopping Guide - Delivery.
Prices may be subject to change at any time, however (except in the aforementioned circumstances) the possible changes shall not affect orders for which you have already received an Order Confirmation.
When you have selected all the items you wish to purchase, they will have been added to your shopping basket and the next step will be to process the order and complete the payment. To do this, you should follow the steps of the purchasing process, filling out or verifying the information that is requested in each step. Additionally, during the purchase process, you will be able to modify the details of your order before making the payment. You may refer to a detailed description of the purchasing process in the Shopping Guide. Furthermore, as a registered user, a list of all the orders you have placed is available in the My Account section.
You can pay using Visa, Mastercard, American Express, Diners and PSE.
By clicking "Authorise Payment", you are confirming that the credit card is yours.
Transactions are deemed to be between residents domiciled in Colombia, i.e., PSE can only be used as a payment method for accounts opened in Colombia at financial institutions monitored by the Superintendencia Financiera (Financial Regulation Agency). Therefore, orders cannot be paid using credit or debit cards, or money from foreign accounts. Orders can only be paid using payment methods backed by Colombian bank accounts.
Should a customer pay with a credit or debit card backed by a foreign account, or attempt to pay for their purchase from a foreign account, and subsequently request a refund, they must assume all costs related to refunding money to a foreign account.
To minimise the risk of unauthorised access, your credit card details will be encrypted. Credit cards are subject to verification and authorisation by the issuing entities. However, if the entity does not authorise the payment, we will not be held liable for any delay or failure to deliver, and we will be unable to formalise any contract with you.
13. VALUE-ADDED TAX AND BILLING
Pursuant to Colombian law, the sale of goods in Colombia is subject to this tax. In light of the above, any orders placed shall be subject to the general rate of value-added tax (VAT) in force at the time of purchase.
14. RETURNS POLICY
14.1 Right to withdrawal
According to the provisions of Article 47 of the Consumer Protection Statute, the right to withdrawal is implicit in the contract. The right to withdrawal allows the consumer to terminate the contract within a maximum of five (5) working days from the date of order delivery, and the consumer must return the product using the same means and in the same condition in which it was received. Transport or other costs involved in returning the product will be covered by the company. Once the product has been returned in the same condition as it was delivered, money shall be refunded within the following thirty (30) calendar days.
Products manufactured according to consumer specifications, customised products or personal products (such as underwear, swimwear, etc.) are excluded from the right to withdrawal.
The consumer must return the unused product with all its inside and outside labels, and in the same packaging. Products that do not comply with these provisions cannot be returned.
To exercise your right to withdrawal, you must notify PULL&BEAR, by writing to us on the chat available on the website or our official social media accounts, of your decision to withdraw from the contract by means of a clear written statement. You may use the attached example cancellation form that is included as an Appendix to these Terms and Conditions, however it is not obligatory. In order to comply with the right to withdrawal deadline, you need only communicate that you are exercising this right within the stipulated time period.
14.2 Consequences of exercising your right to withdrawal
If you exercise your right to withdrawal, we will refund all the payments received from you, including delivery costs (except for any additional charges due to your choice of a delivery method other than the cheapest ordinary delivery method we offer), without any undue delay, and in any case, in a maximum of 30 calendar days from the date on which you notify us of your decision to exercise your right to withdrawal. We will process the refund using the same payment method used by you for the initial transaction, unless this is not possible, in which case we will process the refund using the option chosen by the consumer from those offered by us. You will not incur any fees as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the returned goods or you have presented proof of having returned the goods, depending on which condition is met first.
You must return or deliver the products directly to us at any of our PULL&BEAR stores in Colombia, or request a return on our website via courier, organised by us and with no additional costs, or return the products to one of our authorised drop points, without undue delay and, in any event, in a maximum period of 14 calendar days from the date you inform us of your decision to exercise your right to withdrawal. The deadline will be deemed to have been met if you send back the goods before the time period specified has expired.
You will only be responsible for a reduction in value of the goods resulting from you having handled them in a way that goes beyond what would be needed to establish their nature, characteristics and functionality.
If you have purchased more than one product in the same order and do not exercise the right to withdrawal for all products, you will be refunded the value of the product(s) returned, using the same payment method used for the purchase or, where this is not possible, the option chosen by the consumer (from those offered by us). If you withdraw from the same invoice a second time, the refund will be made in the form of an e-voucher card or a bank transfer, whichever you prefer.
14.3 Contractual right to cancellation
In addition to the consumer’s and user’s legally recognised right to withdrawal mentioned in clause 14.1 above, we grant you a period of 30 days from product shipment to return any products (except those mentioned in this clause, regarding products that are excluded from the right to withdrawal), and provided that the products have not be used and retain their inside and outside labels.
If you exercise your contractual right to cancellation more than 15 days after Shipment Confirmation, the refund will be made in the form of an e-voucher card or a bank transfer, whichever you prefer.
14.4 Exchange policy
If you consider that the size or colour of the product purchased at www.pullandbear.com does not meet your needs, and notwithstanding your legal and contractual right to cancellation or withdrawal, you may request a change of size or colour at any PULL&BEAR store in Colombia within a maximum period of 30 days from the Shipment Confirmation, provided that the product has exactly the same price.
ANDIMODA S.A.S. will agree to exchange products purchased at www.pullandbear.com, in which case you must provide the product you wish to exchange along with the e-receipt received with the Shipment Confirmation, which is also stored in your account on the PULL&BEAR website and mobile app, and you must show it in digital format on the screen of your mobile device or print out a copy.
Please remember that this new product will not be governed by the provisions of these Terms and Conditions of Use and Purchase, instead, the terms and conditions set out on the back of the receipt provided will apply, including the clauses related to your right to cancellation or withdrawal.
Notwithstanding the above, if you would prefer to exchange the product for a different garment, you must request a return by following the procedure established for this purpose and make a new purchase.
14.5 Common provisions of the right to withdrawal and right to cancellation
You will not have the right to cancel or withdraw from a contract for the supply of any of the following products:
- Products customised at the customer’s request.
- Goods pre-sealed for health or hygiene reasons which have been opened after delivery.
- Goods used by the consumer or without their inside labels.
The right to withdrawal and the right to cancel the contract shall apply exclusively to those products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used beyond the mere opening of it, is not in the same condition as when it was delivered or has been damaged, therefore you must take care of the products(s) while in your possession. Please return the item preferably using or including all its original packaging, instructions and other accompanying documents.
You can make returns at any PULL&BEAR store in Colombia, by a courier that we will send to your home or by returning the products to any of our authorised drop points.
Returns at a PULL&BEAR store:
To return products to PULL&BEAR stores in Colombia, you can go to any of these stores and bring the item and the e-receipt that you will have received along with the Shipping Confirmation, which is also available in your account on the PULL&BEAR website and mobile app. You can show the electronic receipt digitally on the screen of your mobile device or by printing it and bringing it to the store.
Returns by courier:
You must contact us through our return request system so that we can arrange to collect the goods from your home. Goods must preferably be delivered in the same packaging in which they were received, following the instructions that you will find in the “RETURNS” section on this website. However, if you no longer have the original packaging, you can return your order using any other packaging, as long as it is sealed correctly to avoid losing the item(s).
Returns using the drop points set up in Colombia:
You may return products to one of the authorised drop points in Colombia. In order to do so, you must request a return on the website, in ‘Drop point’ under ‘Orders and Returns’ in ‘My account’, and we will subsequently send you an email with a return label that you must stick to the return package so you can leave it at your local drop point. You must leave the item in the same packaging you received it in.
Please note that, if you decide to return the items using other unauthorised means, we will be authorised to charge you for any costs we may incur.
After examining the item, we will inform you whether you are entitled to a refund for the amount paid. Transport costs will only be refunded when the right to withdrawal is exercised within the legal deadline (5 days following product delivery) and when all items in the order are returned; transport costs will not be refunded for partial returns of products from a single order. The refund will be paid as soon as possible and in all cases within 30 calendar days from the date on which you notified us of your intention to cancel. However, we may withhold the refund until we have received the returned goods or you have presented proof of having returned the goods, depending on which condition is met first. Refunds will be processed using the same payment method used by you to pay for the purchase only when the right to withdrawal is exercised within the legal deadline (5 days following product delivery). If you exercise your contractual right to cancellation more than 15 days after Shipment Confirmation, the refund will be sent by e-voucher or bank transfer, whichever you prefer.
If you withdraw from the same invoice a second time, we offer you the following refund options: e-voucher card or a bank transfer.
You shall assume the cost and risk of returning the products to us, as indicated above. If you have any queries, please contact us through the chat available on the website or our official social media accounts.
14.6 Returns of defective products
If you consider that, at the time of delivery, the product was not as specified in the contract, you must contact us immediately using our contact channels, providing the product information and describing the damage.
The product can be returned to any PULL&BEAR store in Colombia, or by giving it to a courier who will be sent to your home address when you request a pick-up.
We will examine the returned product thoroughly and inform you by email within a reasonable period whether it can be returned or replaced (where appropriate). The return will be processed or the item will be replaced as soon as possible and, in all cases, within 30 days of the date on which we send you the email confirming that the item can be returned or replaced.
The amounts paid for products returned due to any fault or defect, when this is confirmed to exist, will be refunded in full, including delivery costs incurred by the courier service authorised by the company. Refunds will be processed with the same payment method used to pay for the purchase (unless this is impossible, in which case we will notify the consumer immediately, informing them of the options available to refund the value of the purchase).
Your legal rights will not be affected in any case.
15. LEGAL GUARANTEE
If you are entering a contract as a consumer or user, we offer a legal guarantee on products sold on this website in the terms established by law for each type of product, therefore answering for any quality defects. The term of the guarantee is: three (3) months for footwear and six (6) months for all other products, from the date of product delivery.
The products will be understood to comply with the contract if (i) they match our description and have the characteristics we presented on this website, (ii) they are suitable for the normal uses of products of the same type, and (iii) they offer the normal quality and features it would be reasonable to expect from the same type of product. In this regard, if any of the products do not conform to the contract, you should bring this to our attention by following the process explained in the above section 14 and through any of the means of communication established for that purpose.
The products we sell, especially artisan products, often feature the characteristics typical of the natural materials used for their manufacturing. These characteristics, such as variations in grain, texture, knots or colour, will not be considered defects or flaws. On the contrary, they should be regarded as necessary and desirable. We select only products of the highest quality, but natural variations are unavoidable and should be accepted as part of the individual appearance of the product.
17. LIABILITY AND EXEMPTION FROM LIABILITY
Unless expressly indicated otherwise in these Terms and Conditions, our liability in relation to any product acquired on our website is strictly limited to the purchase price of this product.
However, unless there is a legal ruling to the contrary, we will 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 loss of contracts;
(iv) loss of anticipated savings;
(v) loss of data; and
(vi) loss of management time or office hours.
Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained from this website, unless it is otherwise expressly established here.
18. INDUSTRIAL AND INTELLECTUAL PROPERTY
You recognise and agree that all copyrights, registered trademarks and other industrial and intellectual property rights over the material or content provided as part of this website belong to us or to the owners who have granted us a licence for its use. You may only use this material as expressly authorised by us or whoever has granted us a licence for its use. This will not prevent you from using this website as needed to copy information regarding your order or contact information.
19. VIRUSES, PIRACY AND OTHER CYBERATTACKS
You may not make undue use of this website by intentionally introducing viruses, trojans, worms, logic bombs, or any other technologically damaging or harmful program or material. You may not try to gain unauthorised access to this website, the server on which this website is hosted, or any server, computer, or database related to our website. You undertake to not attack this website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may be considered an offence as defined under applicable regulations. We will inform the competent authorities of any breach of this norm and will cooperate with them to discover the attacker’s identity. Additionally, anyone in breach of this clause will immediately no longer be authorised to use this website.
We shall not be liable for any damages or loss resulting from a denial-of-service attack, virus or any other program or technologically damaging material that may affect your computer, computer equipment, data or materials as a result of using this site or downloading content from it or from sites to which it redirects.
20. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third-party material, these links are facilitated for solely informative purposes, and we do not have any control over the content of these websites or materials. Therefore, we will accept no liability for any loss or damages arising from their use.
21. WRITTEN COMMUNICATIONS
Applicable regulations require that we send some information or communications to you in writing. By using this website, you accept that most of our communications with you will be electronic. We will contact you by email or provide information by publishing announcements on this website. For contractual purposes, you consent to using this electronic means of communication and you recognise that all contracts, notices, information, and other communications we send to you electronically comply with the legal requirement that they are in writing. This does not affect your legal rights.
You must send any notices through the chat available on the website or our official social media accounts. Pursuant to the provisions in clause 22 above, and unless otherwise stipulated, we will send you notices to the email address provided by you.
It shall be understood that the notices have been received and correctly made as soon as they are posted on our website or 24 hours after they have been sent by email. As evidence that the notice was sent, it will be sufficient to prove that the email was sent to the email address specified by the recipient.
23. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors and assignees. You may not transmit, cede, pledge or in any other way transfer a contract or any of the rights or obligations arising from it without previously obtaining our written consent.
We may transmit, cede, pledge, subcontract or in any other way transfer a contract or any of the rights or obligations arising from it at any time during the lifetime of the contract. To avoid any ambiguity, such transmissions, cessions, pledges or other transfers will not affect any of your legally recognised rights as a consumer, nor will they cancel, reduce or limit in any other way any explicit or tacit guarantees we may have given you.
24. EVENTS BEYOND OUR CONTROL
We will accept no liability for any failure to comply or delay in complying with any contractual obligations if this should be due to events beyond our reasonable control, force majeure, unforeseeable events or events attributable to third parties (“Force Majeure Event”).
Force Majeure Events include any action, event, failure to act, omission or accident that is beyond our reasonable control, including but not limited to:
a. Strikes, lock-outs or other industrial action.
b. Civil unrest, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or the threat of or preparations for war.
c. Fire, explosions, storms, floods, earthquakes, subsidence, epidemic or any other natural disaster.
d. Impossibility of use of trains, boats, planes, motor vehicles or other means of transport, whether public or private.
e. Impossibility of use of public or private telecommunications systems.
f. Acts, decrees, legislation, regulations or restrictions by any government or public authority.
Our obligations will be understood to be suspended while the Force Majeure Event is happening, and we will be allowed to extend the time in which our obligations must be fulfilled by a period as long as the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or find a solution that will enable us to fulfil our obligations despite the Force Majeure Event.
If we do not require you to comply strictly with your obligations arising from a contract or from these Terms and Conditions, or if we do not exercise the rights or take the actions to which we are entitled by virtue of such a contract or these Terms and Conditions, this will not mean that we waive or limit such rights or actions, nor does it exempt you from complying with such obligations.
If we waive a specific right or action, this will not imply that we waive any other rights or actions arising from a contract or these Terms and Conditions. No waiver by us of any of these Terms and Conditions or to the rights or actions derived from a contract will take effect unless expressly stipulated that it is a waiver of rights and it is formalised and communicated to you in writing pursuant to the provisions of the Notices section above.
26. PARTIAL INVALIDITY
Should any of these Terms and Conditions or any provision of a contract be declared null and void by a final decision issued by the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by this declaration of nullity.
27. COMPLETE AGREEMENT
These Terms and Conditions and any document that is expressly referenced herein constitute the full agreement between you and us with regard to the purpose thereof, and they replace any other prior pact, agreement or promise made between you and us, whether verbally or in writing.
We both recognise that we have entered into a contract without relying on any statement or promise made by the other party or which could be inferred from any statement or written text in the negotiations between both parties before the contract, except for that explicitly mentioned in these Terms and Conditions.
Neither party will be entitled to any action regarding any untrue verbal or written statement by the other party before the date of a contract (unless the untrue statement was made fraudulently) and the only action to which the other party will be entitled will be for a breach of the contract, as established in these Terms and Conditions.
28. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes made thereto. These introduced changes will not be retroactive and, barring possible exceptions depending on the specific case, they will take effect 30 days after they are published in the corresponding notice.
If you do not agree with the changes made, we recommend you do not use our website.
29. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and contracts to purchase products on it shall be governed by Colombian law.
Any dispute that arises or is related to the use of the website or these contracts shall be subject to the exclusive jurisdiction of the courts of the Republic of Colombia.
If you are entering into the contract as a consumer, this clause shall not affect the rights applicable to you under current legislation.
30. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome your comments and suggestions. We ask that you send any comments, suggestions or queries via our contact channels or to the postal address or email address indicated in clause 2 of these Terms and Conditions.
Complaints and claims made to our customer services will be dealt with in the shortest possible period of time and, in any event, within the period established by law. Additionally, they will be registered with an ID code that we will make available to you so that you can track them.
email@example.com and the telephone number enable the ANDIMODA Sample withdrawal form
(Only fill in and send this form if you wish to cancel the contract)
Sent to ANDIMODA S.A.S. operating under the PULL&BEAR brand name, with registered address at Bodega Guadalete Vereda Fusca Autopista Norte Kilometro 21 Chía, Cundinamarca and email address firstname.lastname@example.org.
I hereby inform you that I cancel my sales contract for the following item: Ordered/received (*):
Customer name: Customer address:
Customer signature (only if this form is in paper format) Date:
(*) Cross out any that do not apply