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 Pull & Bear UK Limited, a UK company with company number 05893279,whose registered office address is at Lumina House, 89 New Bond Street, London W1S 1DA with VAT No. GB 924 9163 11 ("us"/"we"/"our"/"Pull&Bear").
Pull & Bear UK Limited also operates the website/App under the Pull&Bear name.
You may contact our customer service department on 0800 015 9735 our freephone number (depending on your mobile operator), or by using the online enquiry form on our website, or by emailing us 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
Theitems that are offered through this website / App. are only available for delivery to the U.K.(mainland only).
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 confirmingreceipt 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 itemswhich 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,
• 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 Giftcard and, in any case, on the delivery day of the virtual card to the specified e-mail address.
10. UNABLETO 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 “YOURSHOPPING” 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 Giftcard or a Pull&Bear Credit Voucher Card for the United Kingdom issued by Pull&Bear UK Limited or Fashion Retail, S.A. (a Spanish company with offices at Avda de la Diputacion, Edificio Inditex, 15143 Arteixo, A Coruña, Spain). 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, Pull&Bear Giftcard or a Pull&Bear Credit Voucher Card for the United Kingdom issued by Pull&Bear UK Limited or Fashion Retail, S.A., 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 Giftcard 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 formalisea 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, or via "cash on delivery", and in either 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. BUYING ITEMS AS A GUEST
The functionality of buying items as a guest is also available on the website. For this type of purchase, we will only request from you the essential data that is required to process your order. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.
14. EXPRESS CHECKOUT
You can use the express checkout feature ("Express Checkout") to make it easier for you to shop on this website / App, 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 can do this 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 your card number and card expiry date being saved.
By agreeing to use Express Checkout, you give your authority that purchases paid through Express Checkout will be charged to your linked card. Card usage will be governed by the terms and conditions you have agreed to with your card issuer.
You can save the detailsof as many cards as you like in Express Checkout; to do so you must have made at least one payment with each of them. If you have card information saved for more than one card, the card whose information was saved most recently will be considered your "Favourite Card", and will be charged for Express Checkout purchases by default. However, you may change your Favourite Card in the My Account section of this website.
To use Express Checkout, all you need to do is 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 Express Checkout.
You can change your Favourite Card linked to Express Checkout in the My Account section of this website.
The provisions of this clause will not apply if you are buying items as a guest.
15. 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.
16. RETURNS POLICY
You may cancel your order for any reason up to 30 days from the date of the delivery of the items, by notifying us of your decision to cancel using the following contact methods: by calling 0800 015 9735, our freephone number (depending on your mobile operator),, 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 our standard (next day) delivery option. 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 7 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, pleasego to the "Returns" section of your account and follow the directions. You must send the item in the same package that you received it, and follow the remaining directions. If you have bought any items as a guest, you may request returns by courier by following the links to the returns section that were contained both in the Order Confirmation and the Dispatch Confirmation. Please note that you cannot use this returns method for items that were paid for at a till instore.
c) Returns to Post Office or Royal Mail collection site
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 order to do this, please go to the "Returns" section of your account, and follow the directions, and we will providethe pre-paid postage label to you. You must send the item in the same package that you received it, and follow the remaining directions.If you have bought any items as a guest, you may request this form of return by following the links to the returns section that were contained both in the Order Confirmation and the Dispatch Confirmation. 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.
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 0800 015 9735, our freephonenumber (depending on your mobile operator),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.
Effects of withdrawal
We will refund all payments received from you, including the costs of our standard (next day) delivery option, 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.
17. 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.
18. 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.
19. 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
20. 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.
21. 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 21, 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.
23. 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.
24. 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 outsideour 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 aclose 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.
27. 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.
28. 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.
29. 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 0800 015 9735, our freephone number (depending on your mobile operator).
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 the Retail Ombudsman, which is an organisation authorised to resolve disputes between consumers and retailers (www.theretailombudsman.org.uk). They may be contacted via post to The Retail Ombudsman, 33 Floor Euston Towers, 286 Euston Road, London NW1 3DP (Tel: +44 203 540 8063), or via email to email@example.com . We will review any complaint passed on to us by the Retail Ombudsman.
If you purchased from us through our website/App, you are additionally entitled to seek to settle the consumer dispute with us out-of court, through the EU platform for online dispute resolution which is available at https://ec.europa.eu/consumers/odr/.
Last modified: March 19th 2018
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 Pull & Bear 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