This document (together with all the documents to which it refers) establishes the terms and conditions of use for this website (www.pullandbear.com) and the purchase of products on it (hereunder, the "Terms and Conditions").
. If you have any questions about the Terms and Conditions or the Data Protection Policies you can contact us using our contact form . You may choose to formalise the contract in any of the languages in which the Terms and Conditions are available on this website.
2. OUR DETAILS
Products are sold through this website under the name PULL&BEAR by PULL & BEAR ESPAÑA, S.A., a Spanish company with the business address Avda. de la Diputación, Edificio Inditex, 15143 Arteixo (A Coruña), registered in the Company Register of A Coruña in Volume 960, General Section, Folio 17, Page C-3,282, and with Tax ID number A15108673, telephone number 900812900 and email firstname.lastname@example.org.
3. YOUR DETAILS AND VISITING THIS WEBSITE
The personal information or data you provide about yourself will be processed as established in the Data Protection Policies. By using this website, you consent to said information and data being processed, and declare that all information or data you provide us is correct and true.
4. USE OF OUR WEBSITE
By using this website and placing orders on it, you agree to:
1. Use this website for legally valid consultations or orders only.
2. Not place any false or fraudulent orders. If we have reasonable grounds for considering a placed order to be of this kind, we shall have the right to cancel it and inform the relevant authorities.
If you do not provide us will all the information we need, we will not be able to process your order. When placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The items offered through this website are only available for delivery in Spanish territory.
6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on "Authorise payment". You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also inform you by email when your order is being delivered (the "Shipping Confirmation"). An electronic receipt with the details of your order will also be attached to the Shipping Confirmation (the “electronic receipt”).
7. PRODUCT AVAILABILITY
All orders will be subject to the availability of the products. If problems should arise in supplying the products or if items are out of stock, we will refund the paid amount.
8. TECHNICAL MEANS OF CORRECTING ERRORS
If you see that an error was made in entering your personal information when registering as a user of this website, you can modify said information in the section “My Account”.
This website displays confirmation windows in several sections of the purchase process that do not allow you to continue with your order if the data in these sections was not provided correctly. Furthermore, this website offers the details of all of the items you’ve added to your basket during the purchase process, so that you can modify your order before making the payment.
If you notice an error in your order after the payment has been processed, please contact customer service immediately at the telephone number or email address mentioned above, in order to correct the error.
Unless there are circumstances arising from customisation of the products, or unexpected or extraordinary circumstances occur, we will send you the order consisting of the product or products listed in each Shipping Confirmation within the time indicated on the website for the selected delivery method, and in any event, within the maximum period of 30 days from the date of the Order Confirmation.
With regard to virtual gift cards, we will send them on the date indicated when placing the order.
If, for some reason, we are not able to comply with the delivery date, we will inform you of such a circumstance and give you the option to continue with the purchase, establishing a new delivery date, or to cancel the order with a full refund of the price paid. Please note that we do not make home deliveries on Saturdays or Sundays, except in the case of the virtual gift card, which will be delivered on the date you specified.
For the purposes of these Terms and Conditions, a “delivery” will be deemed completed or the order will be deemed “delivered” when you or a third party indicated by you acquires the material possession of the products, accredited with the signature of receipt of the order at the delivery address specified.
The virtual gift card will be understood to have been delivered as established in the Terms and Conditions for Use of the Gift Card, and in any case, on the date it was sent to the email address indicated.
10. UNSUCCESSFUL DELIVERIES
If we are unable to deliver your order to you, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. In this case, we will leave a note explaining where your order is and what to do to have it delivered again. If you are not going to be at the delivery location at the time of delivery, please contact us to arrange for the delivery to be made another day.
If 30 days have passed since your order was available for delivery and the order could not be delivered for causes which cannot be attributed to us, we will understand that you wish to withdraw from the contract and we will consider it to be terminated. Due to the termination of the contract, we will refund all the payments received from you, including delivery charges (except for any additional charges due to your choice of a delivery method other than the cheapest ordinary delivery method we offer) without any undue delay, and in any case, in a maximum of 14 days from the date we consider the contract to be terminated. Please note that the transport arising from the termination may incur an additional cost, and we will therefore have the right to charge you for the corresponding costs.
This clause will not be applicable to the virtual gift card, the delivery of which will be governed by the Terms and Conditions for Use of the Gift Card and the provisions of Clause 9 above.
11. TRANSFER OF RISK AND OWNERSHIP
Product risks shall be your responsibility from the moment of delivery. You will acquire ownership of the products when we receive payment in full for all amounts owed in relation to said products, including shipping costs, or at the time of delivery (according to the definition in clause 9 above), if the delivery takes place subsequently.
12. PRICE AND PAYMENT
The prices on the website include VAT (when this tax applies), but exclude shipping fees, which will be added to the total amount due as indicated in our Shopping - Delivery Guide.
Prices may change at any time, but any such changes will not affect orders for which the Order Confirmation has already been sent. Once you have selected all of the items that you wish to purchase, the articles will appear in your basket and the next step will be to process the order and make the payment. To do so, you should follow the steps of the purchasing process, filling out or verifying the information at each step as necessary. Additionally, during the purchasing process and before making your payment, you will be able to modify the details of your order. You may refer to the detailed description of the purchasing process in the Purchasing Guide. Furthermore, if you are a registered user, a list of all the orders you have placed is available in the My Account section.
You can pay with Visa, MasterCard, American Express or Affinity cards, or PayPal. Additionally, you can pay for all or part of your purchase with a gift card or a voucher from PULL&BEAR issued by PULL & BEAR España, S.A. or by Fashion Retail, S.A. Furthermore, you can pay for your order via cash on delivery, using any payment method that is accepted at the PULL&BEAR collection stores in Spain.
If you place an order using one of the electronic devices available at some PULL&BEAR stores in Spain, at some locations you can also pay using any of the payment methods available at said stores.
To minimise the risk of unauthorised access, your credit card information will be encrypted.
By clicking on “Authorise Payment”, you confirm that the credit card is yours or that you are the legitimate owner of the gift card or voucher.
Credit cards are subject to checks and authorisations by the issuing entity. However, if this entity does not authorise payment, we shall not be liable for any delay or lack of delivery, and we shall not be able to formalise any Contract with you.
13. PURCHASING AS A GUEST
This website also lets you shop as a guest. In this purchase mode, you will be asked for only the basic information needed to process your order. After the purchase process is complete, you will be given the option of registering as a user or continuing as a non-registered user.
14. QUICK PURCHASE
This platform allows users to make purchases through “YouPay”.
In this type of purchase, users aged 14 and older (the “User(s) who add items to the basket”) may add items to the shopping basket and request that payment be processed by other users (the “User(s) who place the order”).
Both the Users who add items to the basket and the Users who place the order must be registered on the platform in order to use this feature and the two roles may not be shared.
When a User who adds items to the basket tries to add a User who places the order, and vice versa, they must indicate the required information on the request form. Then, the User who places the order or the User who adds items to the basket, as applicable, may accept or reject the request.
The User who adds items to the basket may only have one User who places the order at one time. However, a User who places the order may have up to four Users who add items to the basket.
Additionally, a User who places the order may remove the User who adds items to the basket at any time, and vice versa, unless an order is being processed at that time.
Account link requests pending over 7 days old will be automatically cancelled.
The Users who place the order may associate default payment methods, a delivery address, and the type of notices they want to receive to the Users who add items to the basket.
Once the order has been confirmed, both the Users who add items to the basket and the Users who place the order will receive all other usual notices during the order tracking process; however these notices will omit any reference to the payment method for Users who add items to the basket.
Remember that you can find detailed information on this feature in the “YouPay” section of the “My account” area of this website.
By clicking the “Accept” button, both the Users who add items to the basket and the Users who place the order declare that they are registered on the platform and that the information provided during the activation process for this feature and for the purchase, as applicable, is truthful and exact.
By using this feature, the User who places the order states that they are 18 years or older, in accordance with the provisions of clause 4 herein; that they have the legal capacity to enter into contracts; that they will act as a representative of the User who adds items to the basket in the terms established by current regulation, when necessary; that they have the express request of the User who adds items to the basket to process and pay for the shopping basket, as applicable; and that they consent to and accept to be linked by this feature and, therefore, to process and pay for the shopping basket in question.
Remember that the legal relationship shall be established between PULL&BEAR and the User who places the order, who will therefore be the owner of the order. Therefore, preparation of the shopping basket by the User who adds items to the basket does not confer upon him/her the status of contracting party in the obligational relationship between PULL&BEAR and the User who places the order, nor does it alter the relationship between the User who adds items to the basket and the User who places the order in terms of the potential actions that the latter could bring against the former.
Except for legal provision to the contrary, PULL&BEAR shall not be held liable for any harmful consequences that may arise from non-compliance with the statements made in the use of the feature and set out herein.
Please keep in mind that you may not pay for the order via cash on delivery if you use the “YouPay” feature.
The other provisions established herein shall apply to the “YouPay” feature.
16. VALUE ADDED TAX AND INVOICING
In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on the Value Added Tax, the delivery of the items will be understood to be in Spanish VAT-applicable territory if the delivery address is in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally applicable rate at the time, depending on the specific item. VAT is not charged on deliveries to the Canary Islands, Ceuta and Melilla in accordance with Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations of each of these territories.
You expressly authorise us to issue the invoice in electronic format. However, at any time you can request a hard copy of your invoice, in which case we will issue and send you the invoice on paper.
17. RETURN POLICY
17.1 Legal right to cancel the purchase
Right to cancellation
If you are entering into a contract as a consumer and user, you have the right to withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from when you or a third party designated by you, other than the courier, came into material possession of the goods or if the goods that make up your order are delivered separately, within 14 calendar days from when you or a third party designated by you, other than the courier, came into material possession of the last item of the goods. To exercise your right of withdrawal, you must contact PULL&BEAR, by writing to Avenida Gonzalo Navarro 37-43, 15573 Narón, A Coruña; by telephone at 900 812 900; by email at email@example.com; or using our website contact form , notifying us of your decision to withdraw from the contract through an unambiguous statement (for example, a letter or email). You can use the example withdrawal form which appears as an Appendix to these Terms and Conditions, although its use is not obligatory. In order to comply with the withdrawal deadline, it is sufficient that you communicate that you are exercising this right within the stipulated time period.
Effects of cancellation
If you decide to withdraw, we will refund all the payments received from you, including delivery charges (except for any additional charges due to your choice of a delivery method other than the cheapest ordinary delivery method we offer) without any undue delay, and in any case, in a maximum of 14 days from the date on which you notified us of your decision to withdraw from this contract. We will carry out the reimbursement using the same payment method used for the initial transaction. You will not incur any fees as a result of such reimbursement. 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 first.
You must return the products directly to any PULL&BEAR store in Spain, or deliver the products to us via postal return, using the return label that we will send with your request, or send the products to PULL&BEAR, Avenida Gonzalo Navarro 37-43, 15573 Narón, A Coruña, without any undue delay, and in any case, within 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The withdrawal period will be considered to be valid if you return the goods before the end of the period.
Unless the goods are returned to a PULL&BEAR store in Spain or via post, you must bear the cost of returning the goods. In that case, you must send, along with the products, a printed copy of the electronic receipt that you will have received with the Shipping Confirmation.
You will only be responsible for a reduction in value of the goods resulting from handling, other than that needed to establish their nature, characteristics and functionality.
17.2 Contractual right to cancel.
As well as the legally recognised right of withdrawal of consumers and users mentioned in Clause 16.1 above, we allow you a period of 30 days from the date the products were delivered to return the products (except for those mentioned in Clause 16.3 below, which are excluded from the right of withdrawal). Gift card returns are governed by the Terms and Conditions of Use of the Gift Card.
In the case of products returned within the contractual time frame of the right to cancellation, but once the legal time frame has expired, only the price paid for the products will be reimbursed. You will bear the direct costs of returning the product if they are not returned to a PULL&BEAR store in Spain or via post. In that case, remember that you must send, along with the products, a printed copy of the electronic receipt that you will have received with the Shipping Confirmation.
You can exercise your right of withdrawal according to Clause 16.1 above if you notify us of your intention to withdraw from the contract after the legal withdrawal period has ended. In any case you will need to deliver the goods to us within 30 days from the delivery date of the products.
17.3 Common provisions
You will not have the right to withdraw from a contract whose purpose is to supply one of the following products:
* Customised items.
* Music CDs/DVDs without their original packaging.
* Goods that are sealed for hygiene purposes which have been opened after delivery.
Your right to withdraw from the contract will apply only to products returned in the same condition as when you received them. Reimbursement will not be made if the product has been used to a greater extent than simply handling the item upon opening it, for products that are not in the same condition in which you received them or if the items have suffered any type of damage, and as such you should be careful with the item or items as long as they are in your possession. Please return the item using or including all of its original packaging, instructions, and any other documents it came with. You can return items to any PULL&BEAR store in Spain or via post.
• Returns to a PULL&BEAR store.
You can return the products to us in any PULL&BEAR store in Spain which has the same section as the goods you want to return. In this case, you can go to any of these stores and bring the item and the electronic receipt that you will have received along with the Shipping Confirmation, which is also available in your account on the website and the PULL&BEAR mobile application. You can show the electronic receipt digitally on the screen of your mobile device, or print it and bring it to the store.
• Postal return.
You can return the products through the post. To do so, please select the return method “Postal return” in the “Returns” area of the “My account” section of the website. We will then send you a return label via email that you should stick to the package; then, bring the package to your local post office. You should leave the item in the same package in which you received it and follow the instructions in the “Returns” area of the “My account” section of the website or in the email you receive. If you made the purchase as a guest, you can request to return the products via post using the link that was sent to you along with the Order Confirmation. After verification, you will receive an email with a label that you should stick to the package, taking it to any of the referenced authorised points.
Neither of the two options will incur any additional cost for you.
If you prefer not to return the products using one of the available free options, you will have to pay the costs of the return. In that case, remember that you must send, along with the products, a printed copy of the electronic receipt that you will have received with the Shipping Confirmation. Please note that if you decide to return the items COD, we have the right to charge you for any costs this may incur.
After examining the item we will inform you whether you have the right to a refund for the amount paid. The costs of transport delivery will only be reimbursed when the right of withdrawal is exercised within the legal time frame and all of the items comprising the order in question 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 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 first. The refund will always be paid using the same payment method used to pay for your purchase, except when the return is made using a gift receipt. In this last case, the refund will be paid through a voucher.
You will be responsible for the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us on our contact form or by ringing 900 812 900.
Returns for orders made using cash on delivery and paid at the till at the store must always be carried out at PULL&BEAR stores in Spain. In this case, if 8 days have passed since your order was available for pick-up and in-store payment (you will have received the email “Confirmation of order arrival at store”) and the order has not been picked up due to causes which cannot be attributed to us, we will understand that you wish to withdraw from the contract and we will consider it to be terminated. Additionally, returns for orders made using the electronic devices available at certain PULL & BEAR stores in Spain and paid at the till at the store must always be carried out at PULL & BEAR stores in Spain. Should you withdraw on your own behalf, we will return all payments received from you and we will reimburse you using the same payment method you used for the initial transaction.
17.4 Returns of defective products
If you believe that at the time of delivery the product was not as specified in the contract, you must contact us immediately using our contact form , providing the product information and describing the damage, or call 900 812 900 where we will tell you what to do next. You can return the product at any of our PULL&BEAR stores in Spain, or by post, or by sending it to the address indicated above. We will examine the returned product carefully and we will inform you by email within a reasonable period if a refund or a replacement is appropriate. The return will be processed or the item will be replaced as soon as possible and in all cases within 14 days of the date on which we send you the email confirming that the item can be returned or replaced.
The amounts paid for items returned due to a faulty or defective nature will be reimbursed in full when the items are determined to be truly defective, including shipping fees incurred for delivering the item and the costs that you have incurred to return it to us. The refund shall always be made via the same payment method you used to complete the purchase, except when a gift receipt is presented for the return. In this last case, the refund will be paid through a PULL & BEAR voucher receipt. Your legal rights will not be affected in any of these cases.
18. LIABILITY AND EXEMPTION FROM LIABILITY
Unless expressly indicated otherwise in these Terms and Conditions, our liability in relation to any product acquired on our website is limited strictly to the purchase price of said product. However, unless there is a legal ruling to the contrary, we will not accept any liability for the following losses, regardless of their origin:
* loss of income or sales;
* loss of business;
* loss of earnings or loss of contracts;
* loss of anticipated savings;
* loss of data; and
* loss of management time or office hours.
Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained from this website, unless it is otherwise expressly established here.
If you are entering a contract as a consumer or user, we offer guarantees on products sold on this website in the terms established by law for each type of product, therefore responding to any lack of conformity if non-conformity becomes apparent within a period of two years after the product's delivery.
. The products will be understood to comply with the contract if (i) they match our description and have the characteristics we presented on this website, (ii) they are suitable for the normal uses of products of the same type, and (iii) they offer the normal quality and features it would be reasonable to expect of a product of the same type.
In this respect, if any of the products do not conform with the contract, you should bring it to our attention by following the process detailed in the aforementioned section 16.4 and through any of the communication means destined for this purpose.
The products we sell, especially handmade products, often present the characteristics of the natural materials used to make them. These characteristics, such as variations in grain, texture, knots or colour, will not be considered defects or flaws. On the contrary, they should be regarded as necessary and desirable. We select only products of the highest quality, but natural variations are unavoidable and should be accepted as part of the individual appearance of the product.
20. INDUSTRIAL AND INTELLECTUAL PROPERTY
You recognise and agree that all copyrights, registered brand names and other industrial and intellectual property rights over the material or content provided as part of this website belong to us or to the owners who have granted us a licence for their use. You can make use of said material solely in a way in which we or those who grant us the license for its use expressly allow. This will not prevent you from using this website as needed to copy information regarding your order or Contact information.
21. VIRUSES, PIRACY AND OTHER CYBERATTACKS
You may not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs, or any other technologically damaging or harmful program or material. You may not try to gain unauthorised access to this website, the server on which said website is hosted, or any server, computer, or database related to our website. You undertake to not attack this website through a denial-of-service attack or a distributed denial-of-service attack. Breaching this Clause may lead to offences as described in applicable legislation. We will inform the competent authorities of any breach of this norm and will cooperate with them to discover the attacker's identity. Also, anyone in breach of this Clause will immediately no longer be authorised to use this website. We are not responsible for any damage that may result from a denial of service attack, virus or any other program or technologically damaging material that may affect your computer, computer equipment, data or materials as a result of using this site or downloading content from it or those to which it redirects.
22. LINKS FROM OUR WEBSITE
In the event our website contains links to other websites and third-party material, said links are facilitated for solely informative purposes, and we do not have any control over the content of said websites or materials. Therefore, we will accept no liability for any loss or damages arising from their use.
23. WRITTEN COMMUNICATION
Applicable regulations require that the information or communications we send you be in writing. By using this website, you accept that most of our communications with you will be in electronic formats. We will contact you by email or provide information by publishing announcements on this website. For contractual purposes, you consent to using this electronic means of communication and you recognise that all contracts, notifications, information, and other communications we send you electronically comply with the legal requirement that they be in writing. This does not affect your legal rights.
Any notifications you send us should preferably be sent through our contact form . In accordance with the above Clause 22 and unless otherwise stipulated, we may send you communications either to your email address or to the postal address provided when you place an order. The notifications will be understood to have been received and to have been issued correctly as soon as they are published on our website, 24 hours after sending you an email, or three days after the postmarked date of any letter. To prove that a notification has been issued it will be sufficient to prove, in the case of a letter, that it bore the correct address and correct stamp and was posted in a Post Office or postbox, and in the case of an email, that it was sent to the email address specified by the recipient.
25. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, grantees and assignees. You may not transmit, cede, pledge or transfer in any other way a contract or any of the rights or obligations arising from it without previously obtaining our consent in writing. We may transmit, cede, pledge, subcontract or transfer in any other way a contract or any of the rights or obligations arising from it at any time during the lifetime of the contract. To avoid any ambiguity, such transmissions, cessions, pledges or other transfers will not affect any of your legally recognised rights as a consumer, nor will they cancel, reduce or limit in any other way any explicit or tacit guarantees we may have given you.
26. EVENTS BEYOND OUR CONTROL
We will accept no liability for any failure to comply or delay in complying with any contractual obligations if this should be due to events beyond our reasonable control ("Force Majeure"). Force Majeure includes any action, event, failure to act, omission or accident that is beyond our reasonable control, including but not limited to:
1. Strikes, lockouts and other events relating to labour disputes.
2. Civil unrest, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or the threat of or preparations for war.
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
4. Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions by any government or public authority.
Our obligations will be understood to be suspended while the Force Majeure event is happening, and we will be allowed to extend the time in which our obligations must be fulfilled by a period as long as the duration of the Force Majeure event. We will use all reasonable means to bring the Force Majeure event to an end or find a solution that will let us fulfil our obligations despite the Force Majeure event.
If we do not require you to comply strictly with your obligations arising from a contract or from these Terms and Conditions, or if we do not exercise the rights or take the actions to which we are entitled by virtue of such a contract or these Terms and Conditions, this will not mean that we waive or limit such rights or actions, nor does it exempt you from complying with such obligations. If we waive a specific right or action, this will not imply that we waive any other rights or actions arising from a contract or these Terms and Conditions. If we waive any of these Terms and Conditions or the rights or actions arising from a contract, this will not be legally effective, unless it is expressly established that this is a waiver, the waiver is formalised and you are informed in writing, as established in the Notifications section above.
28. PARTIAL ANNULMENT
Should any of these Conditions or any provision of a contract be declared null and void by a final decision issued by the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by this declaration of nullity.
29. COMPLETE AGREEMENT
These Terms and Conditions and any document that is expressly referenced herein constitute the full agreement between you and us with regard to the purpose thereof and they replace any other prior pact, agreement or promise made between you and us, whether verbally or in writing. We both recognise that we have agreed on a contract without relying on any statement or promise made by the other party or which could be inferred from any statement or written text in the negotiations between both parties before the contract, except for that explicitly mentioned in these Terms and Conditions. Neither of us will be entitled to any action regarding any untrue verbal or written statement by the other party before the date of a contract (unless the untrue statement was made fraudulently) and the only action to which the other party will be entitled will be for a breach of the contract, as established in these Terms and Conditions.
30. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes made thereto. These changes will not be retroactive and, barring possible exceptions depending on the specific case, they will take effect 30 days after they are published in the corresponding notice.
If you do not agree with the changes made, we recommend you do not use our website.
31. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the contracts to purchase products through the website will be governed by Spanish law. Any dispute that arises because of or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts. If you are entering into a contract as a consumer, nothing in this clause will affect the rights that as such are recognised by current legislation.
32. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome your comments and suggestions. Please send us any comments and suggestions, as well as any questions, complaints or claims using our contact form , or by calling the telephone number or writing to the post or email addresses indicated in clause 2 of these Terms and Conditions. We also have official complaint forms available to consumers and users. You can request them by calling 900 812 900 or using our contact form . Your complaints and claims made to our customer service department will be attended to as soon as possible and, in any event, within the maximum period of one month. Additionally, they will be registered with an ID code that we will make available to you so that you can follow up.
You can download a copy of the example withdrawal form from the following link: pdf document.
If you, as a consumer, believe that your rights have been violated, you can direct your complaints to us by writing to the email address firstname.lastname@example.org so as to request an alternative resolution to the dispute.
In this regard, if the acquisition between you and us was carried out online using our website, in accordance with EU Regulation No. 524/2013, we hereby inform you that you are entitled to request an out-of-court settlement to consumer disputes through the website https://ec.europa.eu/consumers/odr/ .
Date of last change: 05 November 2018
Withdrawal form template
(only fill in and send this form if you wish to withdraw from the contract)
To Pull & Bear España, S.A., acting under the trade name PULL&BEAR, Avenida Gonzalo Navarro 37-43, 15573 Narón, A Coruña. email@example.com
I hereby inform you that I withdraw from my sales contract for the following item:
Ordered on/received on (*)
Consumer signature (only if this form is submitted in paper)
(*) Cross out any which are not applicable
These terms and conditions of use (hereinafter the “Wallet Conditions”) govern, for specific and additional purposes, access to and use of the services and various functionalities of Wallet (hereinafter and for these purposes, “Wallet” or the “Service”) available on the App (as will be defined below) for the Pull& Bear brand. These Terms and Conditions are without prejudice to and supplementary to the Conditions of Use and Purchase of www.pullandbear.com and, to the extent that they are applicable to the Service and/or Wallet, are also regulated by the same.
As part of Wallet, you have the option of managing payments for purchases made at physical Pull&Bear stores (hereinafter, and depending on the corresponding reference, the “Physical Store” or the “Physical Stores”), as well as managing the receipts for purchases made at online Pull&Bear stores (hereinafter, the “Online Store”), both being operated in Spain by the company Pull&Bear España, S.A., Tax ID: A15108673, with business address at Avenida de la Diputación, Edificio Inditex, Arteixo, 15143, A Coruña. In the other markets in which Pull&Bear has physical and online stores, commercialisation through both is operated by the corresponding company accordingly.
1. GENERAL DESCRIPTION OF THE SERVICE
Among other functionalities, the use of Wallet enables the initiation of payment for purchases made in person in Physical Stores authorised for this purpose, as well as other functionalities relating to the management of receipts, both for purchases in Physical Stores as well as those made on the Online Store. As well as the initiation of payments, Wallet enables the following tasks to be performed:
i. Access to electronic receipts for purchases made in Physical Stores in cases where the payment is initiated with Wallet or those receipts that have been requested or generated conforming to the provisions set out in paragraphs (iii) and (iv) below. Electronic receipts for the Online Store will also be accessible;
ii. Management of payment cards and gift cards: enables cards that will be used for payment to be added for payments initiated using Wallet in Physical Stores. If there are cards that have already been saved through the online sales quick purchase option, these will automatically be available to be activated as the Wallet payment card.
By adding new card details, you are authorising us to verify the validity of the credit, debit and gift cards whose details you wish to store; this includes the possibility of a charge being made to your card through the micropayment security system. The amount of this micropayment will be refunded within a maximum period of one month from the date it was applied.
As well as managing the cards themselves, depending on the security mechanisms activated on the device on which the App is being used, Wallet may request that a password be generated for the cards.
iii. Receipt “scanning”: from a paper format receipt, a digital copy may be generated by scanning the QR code that is printed on the receipt. From this time on, you may carry out returns at Physical Stores using said receipt, under the applicable terms and conditions, according to Pull&Bear's commercial policy, and, in any event, in accordance with current legislation.
iv. Receiving an electronic receipt: if you pay using a credit card or in cash in Physical Stores you may request an electronic format receipt. To do so, the QR code on your device that will be displayed for this purpose must be presented so that the receipt can be automatically sent to the App. From this moment on, you may carry out exchanges or returns at Physical Stores using said receipt, under the applicable terms and conditions, according to Pull&Bear's commercial policy, and, in any event, in accordance with current legislation.
In this instance, you will not be issued with a paper receipt.
In any case, regarding any functionalities of Wallet, the governing regulation on electronic receipts or any other regulation applicable shall always prevail, and those to which these Wallet conditions are bound.
If you choose to de-register as a user, you may request, during the de-registering process, that all the receipts stored in the App be sent by email to an email address provided.
Initiating payments through Wallet
To manage payments with Wallet in Physical Stores authorised for this purpose, you must follow the instructions provided by the staff in the relevant store. In any case, bear in mind that to initiate a payment through Wallet you must present the QR code generated by the App so the staff can check it and scan it using the technology in the till zone of the Physical Store. Depending on the security mechanisms activated on the device on which you are using the App, Wallet may request you to enter the Wallet Password to generate a QR code that will allow you to manage the payment.
For payments initiated through Wallet, you are reminded and accept that an electronic receipt will be issued and that a paper receipt will not.
When a payment in a Physical Store is initiated through Wallet, it will be charged to the card that you choose in the Service when initiating the payment.
The handing over of the items will take place when you authorise the payment initiation for the purchase of said items, through the presentation of the QR code to the staff and the scanning of this code by the technology in the till zone in the Physical Store.
Purchases which have a payment initiated through Wallet shall be governed by the conditions of purchase in the corresponding Physical Store at all times. Therefore, any complaint related to the contract between you and the corresponding Physical Store must be directed to Pull&Bear España, S.A., Tax ID: A15108673; or, as applicable in the specific case of having made the purchase in physical stores located in markets other than Spain, complaints should be directed to the corresponding company.
Wallet is a free service. However, your card issuer may charge commission for payments made through this method. Check the terms and conditions with the card issuer for more information. Furthermore, your telecommunications service operator may charge for using the telecommunications network through which you access Wallet. Check the terms and conditions with your network provider for more information.
Wallet may only be used to initiate payments in the establishments indicated. The use of Wallet for other purposes is strictly prohibited. We, therefore, reserve the right to delete a user and cancel their account and demand liability of the user who has carried out wrongful or fraudulent use of the service, or who does not comply with the regulations and procedures contained in these Wallet Conditions and/or other legal texts applicable to Wallet, the App and/or the Service.
2. AVAILABILITY OF THE SERVICE AND WALLET
While always respecting current legislation, we reserve the right to modify, suspend or delete, at any time, at our discretion and without notice, whether of a general or particular nature for one or more users, a part or all of the functionalities of Wallet, as well as modify, suspend or delete, under the same conditions, the availability in part or in whole of the Service.
Except in those cases where the exclusion of liability is legally limited, we will not be liable for damage that you may incur due to the use of Wallet.
You undertake to use Wallet solely for the purposes for which it is intended and therefore not to carry out any wrongful or fraudulent use thereof, being liable to the Company or any third party for damages incurred from wrongful use of Wallet.
You will be liable in the following cases:
a) where your equipment or terminals associated with the App, SIM cards, email addresses and/or any of the Passwords are used by a third party authorised by you without our knowledge.
b) where errors or failures occur in your use of Wallet or the App as a consequence of a defective functioning of your hardware, software, devices or terminals or for not having set up the necessary security mechanisms on the device on which the App is being used.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND OTHER RIGHTS
The App. Wallet and any of the elements that form part of, or are included in, the App or WalletSociedad, are the property of or are under the control of the Company or third parties that have authorised its use.
This shall henceforth be referred to, in its entirety, as the “Property”.
The user undertakes not to withdraw, suppress, alter, manipulate or make any modifications to:
- Notes, legends, indications or symbols that either the Company or legitimate title holders of the rights incorporate into their property in terms of intellectual or industrial property (such as for example, copyright, ©, ® and ™, etc.).
The technical protection or identification devices that may contain the Property (such as for example, watermarks, digital prints, etc.).
-The user accepts that by virtue of these Wallet Conditions, the Company does not transfer or cede any rights over their Property, or over any third party properties to the user. The Company only authorises the user access and use of these in compliance with the terms indicated in these Wallet Conditions.
Users are not authorised to copy, distribute, (including email and internet), transmit, communicate, modify, alter, transform, cede or, in any other way carry out activities that entail commercial use of the Property, whether partially or wholly, without the express, written agreement of the legitimate title holder of the exploitation rights.
Access and use of the Property shall at all times be carried out for personal and non-commercial purposes.
The Company reserves all rights over the Property including but not limited to, all the intellectual and industrial property rights that it holds over the same.
The Company does not concede any other license or authorisation of use to the user of its Property that is not expressly detailed in this clause.
The Company reserves the right to resolve or modify at any time and for any reason, the licenses agreed to by virtue of these Wallet Conditions. Notwithstanding, the Company may take legal action against any use by the user that:
- does not comply with the terms and conditions specified herein;
- infringes or violates the intellectual or industrial property rights or other similar rights of the Company or other legitimate third party title holder; or
- infringes any applicable regulation.