1. COLLECTION OF PERSONAL DATA AND PROCESSING PURPOSES
Not providing certain compulsory information may mean that it will not be possible to manage your registration as a user or to use certain functionalities or services available through the Platform.
The Data Controllers, as appropriate, shall use Personal Data for the following purposes:
1.1 To manage your registration as a user of the Platform. The Personal Data you provide us with shall be used to identify you as a Platform user, and to give you access to its different functionalities, products and services that are available to you as a registered user.
1.2 The development, compliance and undertaking of the purchase contract for the products you have acquired or any other contract with Us through the Platform. In particular, you must bear the following in mind:
i. If you choose the option to save your card, you shall expressly authorise us to process the details to be used and indicated in the screen as necessary for its activation and development. The card's security code (CVV or CVC) shall only be used for making the purchase and shall not be subsequently stored or processed as part of the payment details. Consenting to the activation of this functionality means that your data will automatically be used when making future purchases, so you will not have to enter your details again for each new purchase as they will be considered as valid and in place. You can change or delete your cards at any time through the My Account section. We store and transmit your card details in accordance with the leading international standards of confidentiality and security for credit and debit cards. The use of this function may require you to change your access password for security reasons. Remember that security when using the Platform also depends on the correct use and storage of certain confidential codes.
ii. In the event that you have purchased a Gift Card, if you provide us with the personal data of third parties, you shall be responsible for having informed them and obtained their consent so that, in compliance with the Platform’s Purchase and Use Conditions, we will be able to process their data for purposes of (a) managing the shipping or verifying receipt of the Gift Card and (b) attending to any requests that you or said third party may make.
iii. If you have a Gift Receipt and you wish to return goods associated with it through the Platform, we will use the Personal Data provided in the return form for (a) managing the request and processing the collection of the goods from your home address, (b) attending to requests related to the Gift Receipt or the return that you wish to make, and (c) confirming the approval of the return and sending the voucher with the refund amount by email or other equivalent electronic means.
1.3 Contact you by email, telephone, SMS or other equivalent forms of electronic communication, such as the App's push notifications, etc. regarding updates or informative communications related to the functionalities, products or contracted services, including Platform security updates, when necessary or reasonable for their implementation.
1.4 Attend and manage your requests made using the available customer service channels in relation to the Platform or the Physical Stores, as well as monitoring the quality of our service.
The duration of data processing shall either be for (i) the period set forth in laws; or (ii) a period of 3 years as from the end of the commercial relationship with the customer or the prospect; (iii) or until the relevant purpose applicable to a particular data ceases to exist. For instance, data relating to your orders will be processed as long as the data controller might be required to hold such data under applicable laws, and will be deleted once this lawful purpose ceases to exist.
2. NEWSLETTER SUBSCRIPTION
If you authorise your subscription to the PULL&BEAR Newsletter, we will provide you with information regarding our products and services through different means, such as by email, any other equivalent electronic means of communication (such as SMS, etc.) as well as through push notifications via the App — if you have activated such notifications in your mobile device.
Subscription to the PULL&BEAR Newsletter may entail using Personal Data to make personalised advertising related to our products and services available to you via email, SMS or any of our other electronic media or those of third parties. We can also provide you with this information through push notifications from the App if you have activated them in your mobile device. With the aim of improving the service we provide you with, we hereby inform you that Personal Data related to your purchases at online or physical stores, tastes and preferences may be used by PULL&BEAR SPAIN for the purpose of analysis, generating user profiles, marketing studies, quality surveys and improving our client interaction.
In case of Cookies related to the Newsletter, please find this information in the Cookies Policy.
The user is free to provide his/her consent for marketing purposes. In case of refusal to this processing, however, the user could not keep updated on news coming from PULL&BEAR.
In case of refusal to the data profiling processing, we could not send to the user commercial and/or, in general, promotional materials and/or newsletter. If you are a registered user, you can change your preferences related to the sending of these commercial communications through the My Account section.
You can also unsubscribe through the Platform's Newsletter section at any time, or by following the information we provide in each communication.
3. DATA PROTECTION RIGHTS
The Data Controllers undertake to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights. According with French law no.78-17 dated 6 January 1978 modified relating to Information Technology, Files and Civil Liberties, you may exercise your rights of access, rectification, cancellation and opposition by sending an email to: firstname.lastname@example.org , indicating the reason for your request.
If you decide to exercise these rights, and if part of the personal data you provided was your email address, we would ask you to please specify this circumstance in your written request, indicating the email address from which you wish to exercise your rights of access, rectification, cancellation and opposition.
4. OTHER NECESSARY USES OF YOUR PERSONAL DATA
It may also be necessary to transfer your Personal Data to the mentioned companies belonging to the Inditex Group or to third parties who provide us with support services, such as financial bodies, entities that fight against fraud, providers of technological, logistical, transport and delivery services, customer services and/or services that analyse the transactions made on the Platform with the aim of offering users sufficient guarantees in commercial operations, etc. For purposes of service efficiency, said collaborators and providers may be located in the United States of America or other markets or territories situated outside of the European Economic Area, which do not provide the same level of data protection as that of your market, or, as the case may be, as that of the European Union.
5. INFORMATION ON COOKIES
PURCHASE AND USE CONDITIONS
This document (together with the documents mentioned herein) establishes the conditions that govern the use of this website (www.pullandbear.com) and the purchase of products on it (hereinafter 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 formalization of the relevant Contract (as defined further on) or of 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.
In addition, you can, if you wish, freely register on the no telephone solicitation list at www.bloctel.gouv.fr.
The Contract between us to purchase a product (as defined below) may be executed, at your option, in any of the languages in which the Conditions are available on this website.
2. OUR DETAILS
Sale of goods through this web page is carried out under the name PULL AND BEAR by PULL&BEAR FRANCE SARL, with registered address at Immeuble Garonne, 80, avenue des Terroirs de France, 75012 Paris , with capital of 5.666.600 euros, registered in the Mercantile Registry of Paris, under the number 480 557 149, with Corporate Tax Number FR 35 480 557 149, with the following email address: email@example.com, and following telephone number: 08 00 91 65 61 (a toll free call depending on your mobile network) or by fax : +34 914 849 322.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us 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 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 authorized to cancel it and inform the pertinent authorities.
If you do not provide us with all the information we need, you cannot place your 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 metropolitan France only.
If you wish to order products from another EU member state outside of France via this website you are of course welcome to do so; however, the ordered products can only be delivered to a PULL AND BEAR shop or a delivery address within metropolitan France.
6. FORMALISING THE CONTRACT
To place an order, you must follow the online purchasing procedure and click on "Pay now ". After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). You will be informed via email that the order is being sent (the "Shipping Confirmation"). An electronic ticket with your order details shall be attached to the Shipping Confirmation (the “E-ticket”).
7. AVAILABILITY OF PRODUCTS
All product orders are subject to availability of the same. Along this line, 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 such as fabrication issues, stock issues, payment incident, fraud or fraud attempt linked to the use of the website, 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. In this case, if your account has already been debited, the reimbursement (including delivery charges) will be paid without any undue delay. The refund will always be paid using the same payment means you used to pay for your purchase. In any event, you will not incur any charges as result of such reimbursement.
We shall not be liable to you or to any third party for removing any product from this website for removing or modifying any material or content from the website, or not processing an order in the cases mentioned above, 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 Shipping Confirmation prior to the date indicated in the Shipping Confirmation in question or, if no delivery date is specified, in the estimated timeframe 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 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 or 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 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.
Nevertheless, in case of store delivery, if 10 days have passed since you received the SMS and the email “Confirmation of order arrival at store”, the order has not been picked up due to causes which cannot be attributed to us, we will understand that you wish to cancel the Contract and it will be terminated.
In case of delivery made using pay on delivery (service subject to availability and only for registered users), this deadline is reduced to 7 days since you received the SMS and the email “Confirmation of order arrival at store”.
As a result of the termination of the Agreement, we will return to you all payments received from you, including delivery charge (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 web page are correct, 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 Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized 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.
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 articles that you wish to buy, those 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 up 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 "My Account" area.
You may use the following means of payment: Carte Bancaire, Visa, Mastercard, American Express and PayPal. Also, you can pay all or part of the price of your purchase with a gift card or a voucher of Pull&Bear issued by Pull&Bear France SARL. Gift cards shall not be paid by means of another gift card.
Furthermore, you can pay for your order via pay on delivery (service subject to availability and only for registered users), using any payment method that is accepted at the Pull&Bear collection stores in France, except gift card.
However, if you place an order through any of the electronic devices available in certain PULL&BEAR stores in France, you may also, in some of them, make payment by any of the means of payment available in such stores.
Please be informed that Fashion Retail, S.A. with corporate seat at Avenida de la Diputación, Edificio Inditex, Arteixo, A Coruña (Spain) registered in the commercial register of A Coruña, vol. 3425, page 49, C-47731, 1st entry, and tax identification number A-70301981 will collect and make refunds on behalf of PULL AND BEAR FRANCE, SARL. in relation to all payments made through this online platform.
To minimize the risk of non-authorized 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, except for orders placed through electronic devices available in certain PULL&BEAR stores in France and paid in the till of the store, which will be charged when using your card in such store.
If your mean of payment is PayPal, the charge will be made when we confirm your order.
When you click " Pay now", you are confirming that the credit card is yours or you are the rightful holder of gift card or the voucher.
Credit cards are subject to verification and authorization by the card issuing entity, but if the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalize any Contract with you.
An invoice in electronic format will be made available on our website in the section “my account”, which you agree on.
13. BUYING GOODS AS A GUEST
The functionality of buying goods as a guest is also available on the Web page. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continue as a non-registered user.
An invoice in electronic format will be made available by clicking on the PDF document indicated in the order confirmation email, which you agree on.
14. EXPRESS CHECKOUT
The express checkout feature (hereafter "Express Checkout") makes it easier for you to make purchases on this website as you do not have to enter shipping, billing and payment information for each purchase. Express Checkout is available in the View Basket section.
To use Express Checkout you will have to save your card information. You may do so when making a payment with any of the cards accepted by this website by clicking the "Save my card information" option. This will result in the following card information being saved: card number and card expiry date.
By agreeing to use Express Checkout, you authorize that purchases paid though the tool be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between you and the card issuer in all cases.
You may save card information in Express Checkout for as many cards as you like, to do so must make at least one payment with one of them. If you wish to save card information for more than one card, the card whose information was saved most recently will be considered your "Favorite Card", and will be charged for Express Checkout purchases by default. However, you may change your Favorite Card in the My Account section of this webpage.
To use Express Checkout, you only have to click on the "Express Checkout" button that appears in the Shopping Basket. A screen will immediately appear with the shipping, billing and payment information for your purchase. The information available on this screen cannot be edited, so if there is incorrect information do not complete the purchase. To make purchases using different details please do not use the Express Checkout service.
You may change your Favorite Card linked to Express Checkout in the My Account section of this webpage.
15. VALUE ADDED TAX
All purchases made through this website are subject to the Value Added Tax (VAT) at the prevailing rate on the date of the sale.
16. EXCHANGE/RETURN POLICY
16.1 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, or at the telephone number 08 00 91 65 61 (a toll free call depending on your mobile network), or by writing an email at firstname.lastname@example.org or by writing to 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.
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 PULL&BEAR FRANCE., Logifashion, Pull&Bear Logisitica, Poligono Industrial La Quinta-R2 , .C/ Matabuyes, S/N. Cabanillas del Campo (Guadalajara), together with a print-out of the E-ticket that was attached to the Shipping Confirmation, or hand them over to us at any PULL AND BEAR store in metropolitan France, or drop off the item at a post office using a returns-paid label that we send to you upon your request without undue delay and in any event not 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 metropolitan France, or by dropping off the item at a post office, 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.
16.2 Contractual right of withdrawal
In 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 metropolitan France or by dropping off the item at a post office.
You may exercise your right of withdrawal in accordance with the provision of clause 16.1 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.
16.3 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. Customized 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.
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 the market where your product was delivered 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 as well as the product, the E-ticket that was attached to the Shipping Confirmation, which is also saved under your account on our website, and on the PULL AND BEAR mobile app. You can present the E-ticket either by showing it in digital form on your mobile phone, or by bringing to the store a print-out of the E-ticket.
(ii) Drop off Returns:
To request a drop off return authorized in metropolitan France, please log in to your account and follow the directions given on the "RETURNS" section. If you have bought any goods as a guest, you may request a drop off return authorized in metropolitan France by using the link sent to you with your order confirmation e-mail. After verifying all the information, you will receive an e-mail with a label to be pasted into the box and delivered to the post office.
Neither of the two options will entail any additional cost to you. If you do not wish to return products using the available free options, you will be liable for the return cost. In this case, you shall send the product to be returned together with a print-out of the e-ticket that was attached to the Shipping Confirmation. Please bear in mind that if you decide to return items to us with postage due, we will be authorized to charge you for any costs that we incur.
Returns of orders placed through electronic devices available in certain Pull&Bear stores in France and paid in the till of the store must take place in any case in Pull&Bear stores in France.
After examining the item, we will inform you of whether you have the right to reimbursement of the amounts paid. The shipping costs will only be reimbursed when the right of withdrawal is exercised within the legal time frame and all of the items that comprise the order in question are returned. The reimbursement will be made as soon as possible and always within 14 days from the date on which you notified us of your intention to withdraw. However, 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. The refund will always be processed via the same mean of payment that was used to pay for the purchase.
If you have any questions, you can contact us via our contact form or by calling 08 00 91 65 61(a toll free call depending on your mobile network).
Returns for orders made using pay on delivery (service subject to availability and only for registered users), and paid at the till at the store must always be carried out at PULL AND BEAR stores in France.
16.4 Returns of defective products
In the 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 calling us on 08 00 91 65 61 (a toll free call depending on your mobile network), where we will indicate what you need to do.
You must return the product at any PULL AND BEAR shop in metropolitan France, or by dropping off the item at a post office using a returns-paid label that we send to you upon your request.
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, when it actually exists, 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 paid by the same payment means you used to pay from the purchase.
All rights recognized in current legislation shall be, in any case, safeguarded.
16.5 Right of withdrawal and return for orders from abroad
If you have ordered products from outside France from another EU member state via this
website the above clauses 16.1, 16.2, and 16.3 apply with the restrictions that the collection by a courier commissioned by us can only be made from the original delivery address within metropolitan France.
At the same time we would like to inform you that we are under no circumstances (with exception of clause 16.4 to which this clause 16.5 does not apply) obliged to pay shipping costs to destinations other than the original delivery address nor the return costs from destinations outside metropolitan France.
17. PULL & BEAR EDITED
This website includes a specific section called " PULL & BEAR EDITED" where, in accordance with the section's terms and conditions, you can customise certain items by selecting your own texts and characters. You will find more information about this service in the relevant section.
Please bear in mind that, due to technical issues or other matters outside our control, the colours, textures and actual sizes may differ to those shown on screen. Please also be aware that because these are customised garments, they cannot be returned or exchanged.
You guarantee that you are authorised to use the texts and other elements that form part of the customisation of the products. Although we reserve the right to refuse your customisation or cancel orders for customised products for failure to comply with these conditions, you will be solely responsible for the customisation requested. We may refuse your customisation, or cancel orders for customised products, if the customisation includes or consists of inappropriate content, property belonging to third parties, or other illicit material.
We assume no responsibility for, and we undertake no obligation to verify, the texts or other elements included in the customisation created by users of this service. We do not guarantee the lawfulness of said texts or other elements, and we therefore take no responsibility for any loss and/or damage arising for any user(s) and/or third parties (whether these are individuals or public or private bodies) directly or indirectly derived from the use of the PULL & BEAR EDITED section or that have any direct or indirect relation to the section and/or its products.
18. LIABILITY AND WAIVING LIABILITY
18.1 We, under these present terms and conditions, shall not be held liable in the case of the non-execution of our obligations would be caused by an act of a third party, your fault or by a case of “ Force majeure” such as defined by the article 1218 of the civil Code and by the case-law.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
i. In case of death or personal harm caused by our negligence;
ii. In case of fraud or fraudulent deceit; or
iii. In any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
Due to the open nature of this website and the possibility of errors in storage and 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 in this website, (ii) are fit for the purposes for which goods of the kind are normally used and (iii) show the quality and performance which are normal in goods of the same type and can which 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.
Indeed, PULL&BEAR FRANCE SARL guarantees consumers for the lack of conformity and hidden defects of the products for sale on this web site in accordance with the legal guarantee of conformity within the articles L217-4 and following of the French Consumer Code and the guarantee against hidden defects in the sense of articles 1641 and following of the French Civil Code, allowing you to return the defective or non-compliant products delivered.
- It is recalled that the consumer who decides to act on the ground of legal guarantee of conformity:
- Enjoys a period of two years from delivery of the product to act;
- Can choose between repair or replacement of the product, subject to cost conditions laid down in Article L217-9 of the French Consumer Code;
- Is exempted to prove the existence of the lack of conformity of the good within the twenty four months following the delivery of the goods. The legal guarantee of conformity applies regardless of any commercial guarantee granted if any.
- The consumer may decide to implement the guarantee against hidden defects of the product sold within the meaning of Article 1641 of the French Civil Code. In this case, the consumer can choose between canceling the sale or reduction of the purchase price in accordance with Article 1644 of the French Civil Code.”
- Article L217-4 of the Consumer Code: The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
- Article L217-5 of the Consumer Code: To comply with the contract, the property must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to
- Article L217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product.
Reminder of the provisions of the Civil Code:
- Article 1641 of the Civil Code: A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
- Article 1648 of the Civil Code al 1: The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.
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 color, 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 nor your right to cancel the Contract.
18.2. Online Dispute Regulation
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 to seek an out-of-court settlement.
In this regard, if the purchase from us was 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 the consumer dispute with us out-of court, through the platform for the online dispute resolution accessible through the Internet address http://ec.europa.eu/consumers/odr/ .
In this regard, for any written claim previously sent to our customer care for less than one year and unsatisfied, in accordance with the provisions of the French Consumption Code about amicable disputes settlement, we offer you the possibility to resort to the mediation service by electronic means : www.medicys.fr or by post : MEDICYS, 73, Boulevard de Clichy, 75009 Paris.
19. INTELLECTUAL PROPERTY
You recognize 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 authorize 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.
20. 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 unauthorized 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, authorization 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.
21. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.
22. WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notification 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 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 recognized by law.
The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in clause 21 above, and unless otherwise stipulated, we may send you notifications either by e-mail or to the postal address you provided us 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.
24. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding both for you and for 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 recognized by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.
25. 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") as defined by article 1218 of the Civil Code and by the case-law.
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.
26. 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.
27. 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.
28. 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.
29. 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.
30. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by French 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 French courts.
If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognized in any applicable legislation in effect.
31. 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 08 00 91 65 61 (a toll free call depending on your mobile network) or through our contact form.
Last updated on 09 September 2020
(only fill in and send this form if you wish to withdraw from the contract)
For the attention of Pull&Bear France SARL trading as PULL&BEAR , Pol. Rio do Pozo, Parcela 2 Sector 2, Avenida Gonzalo Navarro, 37-43, 15 578-Narón SPAIN
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