Terms and Conditions for Using and Purchasing from the Pull&Bear website / App.
This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website / App. and the purchase of items through this website / App. (hereinafter, the “Terms").
It is your responsibility to read through these Terms as they may have been amended since the last time you used the website/App. The Terms in force when you placed your order will be the version that applies to your order and future changes will not affect them.
By purchasing any item from this website/App, you enter into a contract with us on these Terms.
2. OUR DETAILS
For sale of items through the website/App, your contract is with ITX UK Limited, a UK company with company number 02245999, whose registered office address is at Lumina House, 89 New Bond Street, London W1S 1DA with VAT No. GB 649 927871 ("us"/"we"/"our"/"ITX").
ITX also operates the website/App under the Pull&Bear name.
You may contact our customer service department on our freephone number 0800 015 9735 or by using the online enquiry form on our website, or by emailing us at firstname.lastname@example.org.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEB PAGE / APP.
The information or personal details that you provide to us with will be processed pursuant to the Data Protection Policies. By using this website / App. you are consenting to the processing of such information and details, and you represent that all of the information or details that you have provided to us are true and accurate.
4. USE OF OUR WEBSITE / APP
By using this website / App. and/or by placing orders through it, you undertake:
a. To use the website / App. exclusively in order to make legally valid orders or queries.
b. Not to make any speculative, false or fraudulent order. In the event that we have reasonable grounds to believe that any order of this type has been made, we will be authorised to cancel it and inform the relevant authorities.
If you do not provide us with all the information that we require, we will be unable to process your order.
By placing an order on this website / App., you are declaring that you are over 18 years of age and that you have legal capacity to enter into this binding contract.
5. AVAILABILITY OF SERVICE
The items that are offered through this website / App. are only available for delivery to the U.K. (mainland only).
If you wish to order items from another EU member state outside of the UK via this website, you are of course welcome to do so, however the ordered items can only be delivered to a Pull & Bear store or a delivery address within the United Kingdom mainland.
6. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the details contained on this website / App. do not constitute an offer of sale but rather an invitation to do treat. There will be no contract between you and us in relation to any item until we expressly accept your order. If your offer is not accepted, the amount of any charge already made to your account will be fully refunded.
In order to make an order, you must follow the online purchase procedures and click on “AUTHORISE PAYMENT”. After this, you will receive an email from us confirming receipt of your order (the "Order Confirmation"). Please remember that this does not mean that your order has been accepted, as this represents an offer that you have made to us to purchase one or more items. All orders are subject to our acceptance which we will confirm by sending you an email confirming that the order has been dispatched (the "Dispatch Confirmation"). The purchase contract between us (the “Contract”) shall only be formalised once we send you the "Dispatch Confirmation".
The Contract will relate only to those items whose dispatch we have confirmed in the "Dispatch Confirmation". We will not be obliged to supply any other items which may have been part of your order until the dispatch of those items has been confirmed in a separate "Dispatch Confirmation".
7. AVAILABILITY OF ITEMS
All orders placed for items are subject to their availability and if any difficulties occur with regards to supply, or if any item is out of stock, we will refund you any amount that you may have paid.
8. WITHDRAWAL OF ORDER
We reserve the right to withdraw any item from this website / App. at any time and/or stop or change any material or content of the same. While we will use our reasonable endeavours to process all orders, there may be exceptional circumstances which may mean that we may need to refuse to process or accept an order after we have received it or sent you an ”Order Confirmation”, which we reserve the right to do at any time.
We will not be liable to you or to a third party for withdrawing any item from this website / App., or for removing or editing any material or content of the website / App., or refusing to process or accept an order after we have sent you an "Order Confirmation".
Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavour to send the order containing the items corresponding to those in the "Dispatch Confirmation" prior to the delivery date which appears on the “Dispatch Confirmation” or if there is no delivery date, in a maximum of 15 days from the date of the "Dispatch Confirmation".
Delay can be due to the following reasons:
• Personalisation of items,
• Specialised items,
• Unforeseen circumstances or
• Delivery area.
Regarding the eGiftcard (Virtual Gift Card), we will send it on the date you specify when placing your order.
If for any reason, we cannot honour the delivery date, we will notify you of these circumstances and will give you the option of continuing with the purchase, setting a new delivery date or alternatively, of cancelling the order with a full refund of the amount paid. Please note that we can never make deliveries on Saturdays or Sundays, except in the case of the eGiftcard, which will be delivered on the specified date.
For the purposes of the Terms "delivery" or "delivered" shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address. The eGiftcard will be deemed to be delivered in accordance with the Terms and Conditions of the Gift Card and, in any case, on the delivery day of the virtual card to the specified e-mail address.
10. UNABLE TO DELIVER
If we are unable to make the delivery after two attempts, we will try to find a secure place to leave the package. We will leave you a note explaining where your package can be found and what to do in order to collect it. If you are not going to be in the delivery location at the agreed time, please contact us to rearrange the delivery for another day.
If after 15 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 treated as terminated. As a result of the termination of the Contract, we will refund the price paid for the items as soon as possible and anyway within 30 days of the date on which we shall deem the Contract terminated. We will not refund delivery charges paid by you where we are unable to deliver due to your fault
This clause will not apply to the eGiftcard, for which delivery will be governed by the Terms and Conditions of the Gift Card and clause 9 above.
11. PASSING OF RISK AND OWNERSHIP
You will be responsible for the risks involved with the items once they are delivered.
Ownership of the items will only pass to you when we receive the full payment of all amounts due in relation to the items, including delivery charges, or alternatively upon delivery (as defined in clause 9), whichever is the later.
12. PRICE AND PAYMENT
The price of the items is always the one stipulated on our website / App., except in cases of obvious error. While we try to ensure that all prices that appear on the website / App. are correct, errors may occur. If we discover an error in the price of items that you have ordered, we will notify you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund.
We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as an incorrect price.
The prices on the website / App. include VAT but do not include delivery costs, which will be added to the total amount due as set out in our Shopping Guide.
Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent an Order Confirmation. Therefore, except as provided above, price adjustments on previous orders are not permitted.
Once you have finished shopping, all the items that you wish to purchase will be added to “YOUR SHOPPING” and the next step is to go through the checkout process and make your payment. In order to do this, you must:
1.Click on the “SHOPPING BAG” button at the top of the page.
2.Click on the “SEE SHOPPING BAG” button.
3.Click on the “PROCESS ORDER” button.
4.Fill in or check the contact information, order details, address where you wish your order to be sent, and the address to which we can send the invoice.
5.Enter your credit card details.
6.Click on "AUTHORISE PAYMENT”.
You can pay with Visa, Mastercard or American Express credit cards, as well as PayPal. Likewise, you will be able to pay the whole or part of the cost of your purchase with a Pull&Bear Gift Card or a Pull&Bear Credit Voucher Card for the United Kingdom issued by Pull&Bear UK Limited, or with a Zara, Massimo Dutti, Zara Home, Bershka, Pull & Bear, Stradivarius, Oysho or Uterqüe Gift Card or Credit Voucher Card issued on or after 28 October 2020 by ITX UK Limited or Zara UK Limited. You can also pay for your order via "cash on delivery", using any payment method that is accepted at Pull & Bear stores in the UK.
In order to minimize the risk of non-authorized access, your credit card details will be encoded. Once we receive your order, we will carry out a pre-authorization on your credit card in order to ensure that there are sufficient funds in order to complete the transaction. Your card will be charged as soon as your order leaves our warehouses.
If you choose to pay with PayPal, or with one of the gift cards or credit voucher cards listed above, you will be charged as soon as we confirm your order.
By clicking on “AUTHORISE PAYMENT”, you are confirming that the credit card belongs to you or that you are the legitimate owner of the Gift Card or Credit Voucher Card.
Credit cards will be subject to validation checks and authorisation by your card issuer. However, if your card issuer fails to authorise payment to us, we will not be held liable for any delays or non-delivery and we will be unable to formalise a contract with you.
Ordering through electronic devices in store, and making payment for those purchases
If you are placing your order through one of the electronic devices that are available at certain Pull&Bear stores in the United Kingdom for this purpose, you must follow the steps of the purchase process that appear on the device, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. You must choose your payment method, and whether or not you require a gift receipt (if one is available), before you place your order. Please note that a binding order is placed at the time that you press the relevant "Authorise Payment" button on the device screen, and you are required to pay for your order once it has been placed.
Payment can be made by Visa, Mastercard, or American Express card, and the above provisions regarding validation checks and authorisation of your card will apply. You may also be given the option to pay for your order at the till, in which case, your payment can be made by any of the means of payment available in those stores.
Please note that if you place your order through an instore electronic device, but wish to cancel the order, you must pay for the order and wait for the items to be delivered, before returning them in accordance with the returns policy described below.
13. VALUE ADDED TAX
All purchases done through this website/App are subject to the statutory Value Added Tax (VAT). The prices displayed on this website/App include VAT.
14. RETURNS POLICY
You may cancel your order for any reason up to 30 days from the date on which you receive the Dispatch Confirmation, by notifying us of your decision to cancel using the following contact methods: by calling our Freephone number 0800 015 9735, or through the online contact form on our website, or by emailing us at email@example.com. To meet the cancellation deadline, it is sufficient for you to have sent your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you have been charged for any items, we will process a refund, which will include the cost of standard delivery to the original delivery address. Please refer to our Returns Policy in our Shopping Guide for further information.
Return of gift cards is governed by the Terms and Conditions of the Gift Card.
You do not have the right to cancel the Contract when it is for the delivery of any of the following three categories of "Excluded items":
1. Items that have been made to your specifications or clearly personalised.
2. Sealed audio recordings, sealed video recordings or sealed computer software, once they are unsealed/unwrapped after you have received them
3. Sealed items that are not suitable for return for health protection and hygiene reasons (eg underwear, swimwear, earrings, hosiery, socks and fragrances), and that have been unsealed after delivery, or if the hygiene label is no longer in place.
When you receive the items, you may handle them to establish their nature, characteristics and functioning. Acceptable handling of the items is that which would reasonably be allowed in a shop. Items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and any labels or tags must be intact. If your handling goes beyond what is acceptable and the items are damaged or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the items.
Please return the items using or including all their original packaging, instructions, and other documents, if any, accompanying the items.
To return an item, just choose one of the three free and flexible return options below:
a) Returns at any Pull&Bear store
You may return any item at any Pull&Bear store in the UK. You just need to present, as well as the item, the e-ticket that was attached to the Dispatch Confirmation, which is also saved under your account on our website, and on the Pull&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.
Return of items ordered through electronic devices in store, paid for at the till or cash on delivery
Please note that in respect of orders that were originally placed through an electronic device in a Pull&Bear store in the United Kingdom and that were paid for at the till of that store, returns can only take place in any Pull&Bear store in the UK, and not via methods b) and c) below, or by any other method. Also, returns for orders paid for using "cash on delivery" at the till in store, must always be carried out at Pull & Bear stores in the UK. Additionally, if 10 days have passed since your "cash on delivery" order was available for collection and in-store payment (you will have received the email "Confirmation of order arrival at store" to confirm this), and the order has not been picked up for reasons that are not attributable to us, we will understand that you wish to withdraw from the Contract and we will consider it to be terminated.
b) Returns by Courier
We can arrange for a courier to collect the item that you wish to return. In order to do this, you should contact us by calling 0800 015 9735 or by filling out the contact form on our website, or by emailing us at firstname.lastname@example.org, to arrange for the item to be collected at your home. You must send the item in the same package that you received it, and follow the directions on the “Returns” section of this website/app. If you have bought any items as a guest, you may request returns by courier by phone, by calling 0800 015 9735. Please note that you cannot use this returns method for items that were paid for at a till instore.
c) Returns to UK Post Office or Royal Mail collection sites
You can request from us a pre-paid postage label for you to be able to attach to the parcel and drop your parcel off at your local Post Office, or Royal Mail collection site, in the UK. In order to do this, please contact us by calling 0800 015 9735 or via the contact form on our website, or by emailing us at email@example.com, and we will send the pre-paid postage label to you. You must send the item in the same package that you received it, and follow the directions on the “Returns” section of this website. Please note that you cannot use this returns method for items that were paid for at a till instore.
None of the above options will entail any additional cost to you.
If you do not wish to use any of the free return methods available, you will be responsible for the return costs. Please bear in mind that if you wish to return the items to us freight collect/cash on delivery, we may charge you any costs incurred in such return.
After examining the items, 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 items which the relevant parcel consisted 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 this, we may withhold the reimbursement until we have received the items back, or until you have supplied sufficient evidence of having sent back the items, whichever is the earlier. The refund will always be paid using the same payment means you used to pay for your purchase, except when a gift receipt is presented with the returned items. In this last instance, the refund will be made via a credit receipt or voucher.
You are responsible for the cost and risk of returning the items to us, as indicated above.
If you have any questions, you can contact us by calling 0800 015 9735 or via the contact form on our website.
Returns of defective items
If the item that you have received is defective, please promptly notify us by calling 0800 015 9735 or by using the contact form on our website, or by emailing us at firstname.lastname@example.org, and return the item in accordance with Returns methods a) b) or c) above. Please provide proof of purchase, for example a copy of the E-ticket attached to the Dispatch Confirmation. We will examine the item and if we deem it to be defective, we will provide a full refund including delivery charges, and the refund will be paid using the same means of payment that you originally used to pay for your purchase. These provisions do not limit any applicable statutory rights.
RIGHT OF WITHDRAWAL
You have the right to withdraw from your order within 14 days, without giving any reason, although please note you have no right to withdraw items that are classed as 'Excluded Items' as mentioned above. The withdrawal period is counted from the day of the delivery of the last item(s) in your order. The easiest way to exercise your right of withdrawal is to contact us by calling Freephone 0800 015 9735 or by using the contact form on our website, or by emailing us at email@example.com, and returning the goods to us using one of the three returns methods described above.
However, to meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order before the withdrawal period has expired.
You may also use the model cancellation form as set out in the Appendix to these terms, although it is not obligatory.
If you have ordered items from outside the United Kingdom, from another EU member state via this website, then:
- the provisions of this Clause 14 shall apply regarding withdrawal, returns and exchanges, save that the "Returns by Courier" option can only be selected if it is from the original delivery address within the UK mainland; and
- we are under no obligation to repay shipping costs to destinations other than to the original UK delivery address, nor will we repay the return costs from destinations outside the United Kingdom mainland;
except if the item is defective, in which case the provisions of the paragraph above entitled "Returns of defective items" will apply in all cases.
Effects of withdrawal
We will refund all payments received from you, including the costs of our standard delivery option to the original delivery address, without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment that you used to pay for your order and this will not cause you any extra fees.
We may withhold the refund until we have received the items back, or you have supplied evidence of having sent back the items, whichever is the earlier.
You must send back the items or hand them over to us without undue delay, and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. Please use one of the three returns methods described above. If you do not use one of these three returns methods, you will need to bear the cost of returning the items to us.
You are only liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.
15. LIABILITY AND DISCLAIMERS
Nothing in these Terms shall exclude or limit in any way our liability:
1. For death or personal injury caused by our negligence;
2. For fraud or fraudulent misrepresentation; or
3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Due to the open nature of this website/App and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website/App unless otherwise expressly set out on this website/App.
We have a legal duty to supply items to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials posted on this website/App are provided "as is" and without warranties express, implied or otherwise howsoever arising. Where you are contracting as a consumer, in line with our obligations at law, we will be responsible for delivering goods to you that: (i) comply with the description given by us and possess the qualities that we have presented in this website/App, (ii) are fit for the purposes for which goods of their 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.
We warrant to you that any item purchased from us through this website/App is of satisfactory quality and reasonably fit for all of the purposes for which items of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the items available on this website/App. Items (including handicraft items) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed item. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only items of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the item. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
16. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other rights related to intellectual and industrial property in relation to material or content that form part of the website / App. corresponds to us, or to third parties to whom we have granted a licence for its use, at all times. You are permitted to use this material only as expressly authorised by our licensors or us. This will not impede your use of this website / App. so far as necessary to copy the information about your order or contact details.
17. VIRUSES, HACKERING AND OTHER CYBERCRIMES
You may not misuse this website / App. by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website / App., to the server which hosts this site or to any other server, computer or data base related to our website / App. You undertake not to attack this website / App. via a denial of service attack or a distributed denial of service attack.
By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website / App. will cease immediately. We will use reasonable care and skill to ensure that this website is safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website / App. or from the downloading of the contents thereof or of such contents to which this website / App. redirects
18. LINKS FROM OUR WEBSITE / APP
We may have links from our website / App. to other third party websites and materials; these links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
19. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. By using this website / App., you are accepting that the majority of our mailings will be in electronic format. We will contact you by email or provide you information by posting notices on this website / App. For contractual purposes, you consent to the use of this electronic form of communication and recognise that any contract, notification, information and other mailings that we send you electronically comply with the legal requisites that such communications be in writing. This condition does not affect your statutory rights.
The best way to send us notifications is through our contact form, or by emailing us at firstname.lastname@example.org. In accordance with provisions of clause 19, unless stated otherwise, we can send you notifications either by email or to your postal address provided by you when placing the order.
Notifications will be deemed received and served correctly at the moment they appear on our website / App., 24 hours after an email is sent or three days following the postage date on the letter. In proving the service of any notification, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding both for you and us, as well as for our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of the rights or obligations derived under it, without having obtained our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
22. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure to perform, or delay in the performance of any of our obligations under a Contract, that is caused by events outside our reasonable control (a "Force Majeure Event").
Force Majeure Event includes any act, event, failure to exercise, omission or accident that is beyond our reasonable control and includes but is not limited to the following:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
d. Impossibility to use railways, shipping, aircraft, motor transport and other means of transport, public or private.
e. Impossibility of the use public or private telecommunication systems.
f. Acts, decrees, legislation or restrictions of any government.
g. Strikes, failures, or accidents involving marine or river transport, postal or otherwise.
Our performance under any Contract is deemed to be suspended during the period of the Force Majeure Event and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
In addition to any other rights you have (eg rights of cancellation/rights of return), if the Force Majeure Event continues for more than 14 days, you will have the right to terminate the Contract by calling us on 0800 015 9735 or by using the online enquiry form on our website, and to receive a full refund.
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
In the event that these Terms or any regulation contained in a Contract are considered invalid, illegal or un-enforceable in any extent by a competent authority, these shall be severed from the remaining terms and conditions and regulations will continue to be valid to the fullest extent permitted by law.
25. OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
26. LAW AND JURISDICTION
The use of our website/App and the Contracts for the purchase of items through such website/App will be governed by English law. Any dispute arising from, or related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the English courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such. If you live in Scotland you can bring legal proceedings in respect of the items in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the items in either the Northern Irish or the English courts.
27. COMMENTS AND SUGGESTIONS
We welcome your comments and feedback. Please send all feedback and comments to us via our online contact form on our website, or to the e-mail address email@example.com
If you as a buyer consider your rights have been breached, you can address your complaints to us via the online contact form on our website, or by emailing firstname.lastname@example.org, or by calling Freephone 0800 015 9735.
In the unlikely event that our Customer Services team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, then you may refer your complaint to RetailADR, which is an organisation authorised to resolve disputes between consumers and retailers ( www.retailadr.org.uk). They may be contacted via post to RetailADR, 12 Walker Avenue, Stratford Office Village, Wolverton Mill, Milton Keynes MK12 5TW (Tel: +44 203 540 8063), or via email to email@example.com . We will review any complaint passed on to us by RetailADR.
Model cancellation form
(complete and return this form only if you wish to cancel the contract, and you can send it by post or email)
To ITX UK Limited, operating under the trading name Pull&Bear, Lumina House, 89 New Bond Street, London W1S 1DA, email address firstname.lastname@example.org
I hereby give notice that I cancel my contract of sale of the following items:
[customer to insert description of items]
Ordered on/received on (*)
Name of customer
Address of customer
Signature of customer (only if this form is notified on paper)
(*) Delete as appropriate
TERMS AND CONDITIONS OF USE OF
PULL&BEAR APP FEATURES
These Terms and Conditions of Use (the "Terms") govern the access to and use of the services and various features available on the Pull&Bear App (as defined below). The Terms constitute the agreement between you and ITX UK Limited for the access and use of the services and features. These Terms are in addition and without prejudice to the Purchase Conditions of www.pullandbear.com.
Features available on the App include: (i) the option to purchase items via the Pull&Bear App, this being deemed to be a purchase made on the Online Store, and therefore subject to the Purchase Conditions of www.pullandbear.com; (ii) the option to manage receipts for purchases made on Pull&Bear’s online store (the “Online Store”); and (iii) the option to receive an electronic receipt (e-receipt) or electronic proof of purchase, by showing at Pull&Bear’s physical stores (either the “Physical Store” or the “Physical Stores”) the designated exclusive QR code for such purposes. Both the Online Store and the Physical Stores are operated in the United Kingdom by ITX UK Limited, a company registered in England and Wales with company number 02245999 whose registered office address is Lumina House, 89 New Bond Street, London W1S 1DA and VAT number GB 649 927871 (“ITX” or the “Company”).
1. GENERAL DESCRIPTION OF THE SERVICE
1.1. Purchase of items on www.pullandbear.com via the Pull&Bear App
Customers can purchase items on www.pullandbear.com via the Pull&Bear App. Purchases made using the App are deemed to be purchases made on the Online Store and as such, are subject to the Purchase Conditions of www.pullandbear.com , which you need to accept before purchasing any item.
1.2. Management of receipts for purchases made on the Online Store
Receipts for purchases made on the Pull&Bear Online Store are stored on the App, specifically in the ‘My Purchases’ section.
1.3 Obtaining an electronic receipt
When paying for a purchase in Physical Stores, you can request a receipt in electronic format. To do this, you must present the QR code on the App that will be displayed for this purpose, so that the receipt can be automatically sent to the App.
From then on, you may make exchanges or returns at Physical Stores using this electronic receipt, in accordance with the applicable terms and conditions, ITX’s commercial policy, and all relevant legislation.
In this instance, you will not be issued a paper receipt. Therefore, it is paramount that you understand that by using this QR code you are expressly requesting the e-receipt or the proof of purchase in electronic form, and are therefore opting out of receiving it in paper form. In any case, you may always request the paper receipt by contacting our Customer Services, via any of the means of contact stated on Pull&Bear’s website.
At all times, regulations on e-receipts or any other matter, and those to which these Terms and Conditions are bound, shall always prevail.
If you wish to re-register from using Wallet, you have the ability to request during the de-registration process that all your receipts stored in the App can be sent to an email address that you designate for such purposes.
1.4 Scan receipts
if your original receipt is in paper format, you can generate a digital version of the same receipt by scanning the QR code that is found printed on the receipt. From then on, you can use this electronic receipt to make returns in Physical Stores, although please note that any returns will always be in accordance with the relevant terms and conditions, ITX’s commercial policies, and all relevant legislation.
2. AVAILABILITY OF SERVICES OFFERED VIA THE APP
In accordance with applicable laws, ITX reserves the right to amend, suspend or delete, at any time, at our sole discretion and without prior notice, whether generally or in particular for one or more users, any or all of the Pull&Bear App features, and to modify, suspend or delete, under the same terms, the availability of all or part of the Service.
Except in those cases where the exclusion of liability is legally limited, we are not liable for any damage that you may suffer from using the Pull&Bear App in its different features.
You agree to use the Pull&Bear App exclusively for the purposes for which it is intended and therefore, to not make any improper or fraudulent use thereof, and you will be liable to the Company and/or any third party for any damage which may arise from an improper use of the Pull&Bear App.
You will be liable in the following cases:
a) when, where applicable, your equipment or terminals associated with the App, SIM cards, email addresses and/or any Passwords are used by a third party authorised by you without our knowledge;
b) when errors or malfunction occur when you are using the App’s different features as a result of defective hardware, software, devices or terminals or of a lack of the necessary security measures installed on the device on which you are using the App.
4. INTELLECTUAL PROPERTY, INDUSTRIAL PROPERTY AND OTHER RIGHTS ASSOCIATED WITH THE APP.
Any of the elements that form part or are included in the App or Wallet are the property or are under the control of the Company or third parties having authorised their use. All of the above shall be hereinafter referred to as the “Property”.
Users agree not to remove, delete, alter, manipulate or in any other way amend:
- The notes, legends, signs or symbols that either the Company or the legal right holders incorporate into their property with regard to intellectual or industrial property (e.g. copyright, ©, ® and ™, etc.,).
- Protection or identification technical devises that the Property may contain (e.g. watermarks, fingerprints, etc.,). Users acknowledge that under these Terms, the Company does not assign or transfer any rights over their Property or over any third-party properties.
The Company only authorises users to access and use the Properties in accordance with these Terms.
Users are not authorised to copy, distribute (including by email or on the Internet), transmit, communicate, amend, alter, transform, assign, or in any other way engage in activities that entail the commercial use of the Property, whether in whole or in part, without the express written consent of the legal holder of the exploitation rights.
Access to and use of the Property will always and in all cases be for strictly personal and non-commercial purposes.
The Company reserves all rights over the Property that it owns including, but not limited to, all intellectual and industrial property rights that it holds over the Property.
The Company does not grant users any licences or authorisations to use the Property it owns other than those expressly set forth in this clause. The Company reserves the right to terminate or amend at any time and on any grounds any licences granted under these Terms.
Notwithstanding the foregoing, the Company may take legal action against any other use by users which:
- does not comply with the terms and conditions herein laid down;
- infringes or breaches the intellectual and industrial property rights or other equivalent rights of the Company or of any other third-party legal right holder, or violates any other applicable laws.