Terms and Conditions
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 its App (hereinafter and jointly, the Platforms) and the purchase of products on them (hereinafter, the "Terms and Conditions").
2. OUR DETAILS
Products are sold through our Platforms 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 OUR PLATFORMS
The information or personal data provided by you shall be processed in accordance with the Data Protection Policies. All information or details you provide when using the Platforms must be true and accurate.
4. USE OF OUR PLATFORMS
By using our Platforms and placing orders on them, you agree to:
1. Use our Platforms for legally valid consultations or orders only.
2. Not place any false or fraudulent orders. If we can reasonably assume that an order of this kind has been made, we shall be authorised to cancel the order and inform the relevant authorities.
If you do not provide us with all the information we require, we will not be able to process your order. When placing an order through our Platforms, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The items offered through our Platforms 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 are subject to product availability. 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 our Platforms, you can modify said information in the “My Account” section.
Our Platforms display confirmation windows in several sections of the purchase process that do not allow you to continue with your order if the data in these sections has not been entered correctly. Furthermore, our Platforms provide details on all of the items you have added to your basket during the purchase process, so that you can modify your order before making the payment.
If you notice an error in your order after the payment has been processed, please contact customer service immediately at the telephone number or email address mentioned above, in order to correct the error.
Before placing the order, you shall select the delivery method that best suits your needs. Unless we agree otherwise, we shall send you the order consisting of the product(s) listed in each Shipping Confirmation without any undue delay and no later than within 30 calendar days of the date of the Order Confirmation.
Please take into consideration that there are circumstances arising from customisation of the products or unexpected or extraordinary circumstances that may affect the delivery date. We will send virtual gift cards on the date indicated by you 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 Gift Card Conditions of Use, 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 event, we will leave a note explaining where your order is located 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 elapsed since your order became available for delivery and the order has not been delivered for reasons not attributable to us, we will understand if you wish to cancel the contract and we will consider it terminated. Following the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of any additional charges resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without any undue delay and, in any case, no later than 14 days after 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 our Platforms 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, these items will have been added to your basket and the next step will be to process the order and make the payment. To do this, you should follow the steps of the purchasing process, filling out or verifying the information that is requested in each step. Additionally, during the purchase process, you will be able to modify the details of your order before making the payment. You may refer to a detailed description of the purchasing process in the Shopping Guide. Furthermore, 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. You can also pay for all or part of your purchase with a gift card or a voucher receipt or card issued by Fashion Retail, S.A. Additionally, you can pay for your order using cash on delivery via any of the payment methods accepted at PULL&BEAR pick-up 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 details will be encrypted.
By clicking on “Authorise Payment”, you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or voucher.
Credit cards are subject to verification and authorisation by the issuing entities. However, if the entity does not authorise the payment, we will not be held liable for any delay or failure to deliver, and we will be unable to formalise any contract with you.
13. PURCHASING AS A GUEST
The website also allows you to shop as a guest. In this purchase mode, you will be asked only for 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
You can use the quick purchase option (hereinafter, "Quick Purchase") to shop on our Platforms more easily, without having to enter your delivery, invoice and payment information for each purchase. Quick Purchase is available in the Shopping Basket section. To use Quick Purchase, you must save your credit card information. You can do this when paying with any of the cards accepted on our Platforms, marking the option "save my card information".
By accepting the use of Quick Purchase, you authorise payment for the purchases you make using the tool to be charged to the card associated with the tool. In any case, the use of your card will be governed by the terms and conditions you have agreed to with the issuer of your card.
You can save the details of as many cards as you wish in Quick Purchase; to do this you must make at least one payment with each card. If you want to save the information of more than one card, the card whose information you saved most recently will be considered your "Favourite Card", and used by default for purchases made using Quick Purchase. However, you can change your Favourite Card in the "My Account" section of the website. To use Quick Purchase, simply click on the "Quick Purchase" button that will appear on the Shopping Basket page.
A page will immediately appear with the delivery, invoicing and payment information of your purchase. The information available on this page cannot be edited, so if any detail is not correct, do not finalise the purchase. To shop using other information, please do not use Quick Purchase. You can change the Favourite Card associated with Quick Purchase in the My Account section of the website. The provisions of this clause will not be applicable if you are making a purchase as a guest.
Our Platforms allow 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 our Platforms.
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, of your decision to withdraw from the contract by an unambiguous statement (for example, a letter or email). You may use the attached example cancellation form that is included as an Appendix to these Terms and Conditions, however it is not obligatory. In order to comply with the withdrawal deadline, you need only communicate that you are exercising this right within the stipulated time period.
Effects of withdrawing
If you should withdraw, we will refund all payments including delivery expenses (except additional expenses if you have chosen a form of delivery other than the less expensive ordinary delivery we offer) with no undue delay and, in any case, no later than 14 calendar days after the date you inform us of your decision to withdraw from this Contract. We shall issue said refund using the same payment method you used for the initial transaction. You will not incur any fees as a result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the returned goods or you have presented proof of having returned the goods, depending on which condition is met first.
You must return 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 deadline will be deemed to have been met if you send back the goods before the time period specified has expired.
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 17.1 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 17.3 below, which are excluded from the right of withdrawal). Gift card returns are governed by the Gift Card Conditions of Use.
In the event of products returned within the contractual time frame of the right of withdrawal, 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 17.1 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 its original packaging, instructions and other accompanying documents. You can return items to any PULL&BEAR store in Spain or via post.
• Returns at 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 e-receipt that you will have received along with the Shipping Confirmation, which is also available in your account on the Platforms. You can show the electronic receipt digitally on the screen of your mobile device or by printing it and bringing 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 our Platforms. 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 our Platforms 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 using unpaid postage, we will be authorised to charge you for any costs we may incur.
After examining the item, we will inform you whether you are entitled to a refund for the amount paid. Delivery costs will only be reimbursed when the right of withdrawal is exercised within the legal time frame and all items included in 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 the refund until we have received the returned goods or you have presented proof of having returned the goods, depending on which condition is met first. 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
In cases where you consider at the time of delivery that the product does not conform to the stipulations of the contract, you should contact us immediately using our contact form, providing the details of the product as well as the damage it has suffered, or by calling the telephone number 900 812 900, where we will tell you how to proceed. 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 refund will be processed or the item will be replaced as soon as possible and in all cases within 14 days after the date on which we send you the email confirming that the item can be refunded 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. Your legal rights will not be affected in any case.
18. CUSTOMISED PRODUCTS
Our Platforms enable you to customise certain products by including the slogans and characters you chose, in accordance with these Terms and Conditions and the instructions provided.
Please bear in mind that, due to technical issues or other matters beyond our control, the colours, textures and actual sizes may differ to those shown on screen. Please also be aware that because these are customised garments, they cannot be returned or exchanged.
You guarantee that you are authorised to use the texts and other elements that form part of the customisation of the products. Although we reserve the right to refuse your customisation or cancel orders for customised products due to failure to comply with these conditions, you will be solely responsible for the customisation requested. We may refuse your customisation or cancel orders for customised products if the customisation includes or consists of inappropriate content, property belonging to third parties, or other illicit material.
We assume no responsibility for and we undertake no obligation to verify the texts or other elements included in the customisation created by users of this service. We do not guarantee the lawfulness of said texts or other elements and we therefore take no responsibility for any loss and/or damage arising for any user(s) and/or third parties (whether these are individuals, or public or private bodies) directly or indirectly derived from the use of the customised products or that have any direct or indirect relation to said products.
19. LIABILITY AND EXEMPTION FROM LIABILITY
Unless expressly indicated otherwise in these Terms and Conditions, our liability in relation to any product acquired on our Platforms is strictly limited to the purchase price of this product. However, unless expressly indicated otherwise by law, we shall not accept any liability for the following losses regardless of their cause:
* 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 the Platforms 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 through the Platforms, unless it is otherwise expressly established therein.
If you are entering a contract as a consumer or user, we offer guarantees on products sold on the Platforms 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 our Platforms, (ii) they are suitable for the normal uses of products of the same type, and (iii) they offer the normal quality and features it would be reasonable to expect from the same type of product.
In this 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 methods destined for this purpose.
The products we sell, especially handmade products, may sometimes present characteristics typical of the natural materials used for their manufacturing. These characteristics, such as variations in grain, texture, knots or colour, will not be considered defects or flaws. On the contrary, they should be regarded as necessary and desirable. We select only products of the highest quality, but natural variations are unavoidable and should be accepted as part of the individual appearance of the product.
21. INDUSTRIAL AND INTELLECTUAL PROPERTY
You recognise and agree that all copyrights, registered trademarks and other industrial and intellectual property rights over the material or content provided as part of the Platforms belong to us or to the owners who have granted us a licence for its use. You may only use this material as expressly authorised by us or whoever has granted us a licence for its use. This will not prevent you from using the Platforms as needed to copy information regarding your order or contact information.
22. VIRUSES, PIRACY AND OTHER CYBERATTACKS
You may not make undue use of the Platforms 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 our Platforms, the server on which said Platforms are hosted, or any server, computer or database related to our Platforms. You undertake to not attack our Platforms 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. Additionally, anyone in breach of this clause will immediately no longer be authorised to use our Platforms. We shall not be liable for any damages or loss resulting from a denial-of-service attack, virus or any other program or technologically damaging material that may affect your computer, computer equipment, data or materials as a result of using our Platforms or downloading content from them or from sites to which they redirect.
23. LINKS FROM OUR PLATFORMS
In the event that our Platforms contain links to other websites and third-party material, these links are facilitated for solely informative purposes, and we do not have any control over the content of these websites or materials. Therefore, we accept no liability for any damage or loss resulting from their use.
24. WRITTEN COMMUNICATIONS
Applicable regulations require that we send some information or communications to you in writing. By using our Platforms, you accept that most of our communications with you will be electronic. We shall contact you by email or provide you with information by uploading notices on our Platforms. For contractual purposes, you consent to using this electronic means of communication and you recognise that all contracts, notices, information, and other communications we send to you electronically comply with the legal requirement that they are in writing. This does not affect your legal rights.
The notifications you send us should preferably be sent via 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 Platforms, 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.
26. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors and assignees. You may not transmit, cede, pledge or in any other way transfer a contract or any of the rights or obligations arising from it without previously obtaining our written consent. We may transmit, cede, pledge, subcontract or in any other way transfer a contract or any of the rights or obligations arising from it at any time during the lifetime of the contract. To avoid any ambiguity, such transmissions, cessions, pledges or other transfers will not affect any of your legally recognised rights as a consumer, nor will they cancel, reduce or limit in any other way any explicit or tacit guarantees we may have given you.
27. 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, lockout or other industrial action.
2. Civil unrest, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or the threat of or preparations for war.
3. Fire, explosions, storms, floods, earthquakes, sinking, epidemic or any other natural disaster.
4. Unavailability of trains, boats, planes, motor vehicles or other means of transport, whether public or private.
5. Unavailability of use of public or private communications 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 enable us to fulfil our obligations despite the Force Majeure Event.
If we do not require you to comply strictly with your obligations arising from a contract or from these Terms and Conditions, or if we do not exercise the rights or take the actions to which we are entitled by virtue of such a contract or these Terms and Conditions, this will not mean that we waive or limit such rights or actions, nor does it exempt you from complying with such obligations. If we waive a specific right or action, this will not imply that we waive any other rights or actions arising from a contract or these Terms and Conditions. No waiver by us of any of these Terms and Conditions or to the rights or actions derived from a contract will take effect unless expressly stipulated that it is a waiver of rights and it is formalised and communicated to you in writing pursuant to the provisions of the Notices section above.
29. PARTIAL INVALIDITY
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.
30. COMPLETE AGREEMENT
These Terms and Conditions and any document that is expressly referenced herein constitute the full agreement between you and us with regard to the purpose thereof, and they replace any other prior pact, agreement or promise made between you and us, whether verbally or in writing. We both recognise that we have entered into a contract without relying on any statement or promise made by the other party or which could be inferred from any statement or written text in the negotiations between both parties before the contract, except for that explicitly mentioned in these Terms and Conditions. Neither party will be entitled to any action regarding any untrue verbal or written statement by the other party before the date of a contract (unless the untrue statement was made fraudulently) and the only action to which the other party will be entitled will be for a breach of the contract, as established in these Terms and Conditions.
31. 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 Platforms.
32. APPLICABLE LEGISLATION AND JURISDICTION
The use of our Platforms and contracts for purchasing products through said Platforms shall be governed by Spanish legislation. Any dispute that arises because of or is related to the use of the Platforms or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts. If you are entering into the contract as a consumer, this clause shall not affect the rights applicable to you under current legislation.
33. 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 these by calling 900 812 900 or via of 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 a 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.
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 Platforms, 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/.
Last modified: 13 October 2020
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
TERMS AND CONDITIONS OF USE OF THE
FEATURES OF THE ‘PULL&BEAR’ APP
These terms and conditions of use (hereinafter, the “Terms and Conditions”) govern, for specific and additional purposes to the Terms and Conditions of Use and Purchase of www.pullandbear.com, the access and use of the services and features available on the App (as defined below) of the PULL&BEAR brand.
The features of the App include: (i) the option to purchase products via the App, which is considered an Online Store purchase and, therefore, is subject to the Terms and Conditions of Use and Purchase of www.pullandbear.com; (ii) the option to manage payments for purchases (hereinafter, “Wallet”) made in physical PULL&BEAR stores (hereinafter, and according to the corresponding reference, “Physical Store” or “Physical Stores”); (iii) the option to manage purchase receipts from purchases made at online PULL&BEAR stores (hereinafter, “Online Store”), both being operated in Spain by PULL&BEAR ESPAÑA, S.A., with tax number A15108673 and business address on Avenida de la Diputación, Edificio Inditex, 15143 Arteixo (A Coruña); (iv) as well as the option to obtain an e-receipt or the proof of purchase in electronic form, the QR code of which may be shown in PULL&BEAR Physical Stores solely for this purpose.
1. GENERAL DESCRIPTION OF THE SERVICE
1.1. Purchase of products on www.pullandbear.com via the APP
The App allows customers to purchase products on www.pullandbear.com, therefore the purchase is considered an Online Store purchase and is subject to the Terms and Conditions of Use and Purchase of www.pullandbear.com. The customer must accept said terms at the moment of purchase.
1.2. Wallet Feature
The Wallet feature provides the following functions:
i. Access to e-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 in accordance with the provisions set out in paragraphs (iv) and (v) below. You will also have access to e-receipts from the Online Store;
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 authorise us to check the validity of your payment cards and gift cards, the details of which you wish to store, and which might include 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. 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 area 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 e-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 store staff and the scanning of this code by the technology in the till area in the Physical Store.
Purchases where the payment was initiated through Wallet shall be governed unequivocally by the terms and conditions of purchase of the corresponding Physical Store. For this reason, any claim relating to the contract between you and the corresponding Physical Store should be addressed to PULL&BEAR ESPAÑA, S.A., or if applicable in a specific case, for example, due to having been carried out in physical stores not in Spain, to the relevant company according to the case in question. 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, to that effect, 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 Terms and Conditions and/or other legal texts applicable to Wallet, the App and/or the Service.
iv. 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 moment 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.
v. Receiving an e-receipt: when paying for a purchase in Physical Stores, you may request a receipt in electronic format. To do so, the QR code on the App 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 a paper receipt. Therefore, it is paramount that you understand that by using this QR code you expressly request the e-receipt or the proof of purchase in electronic form, thus opting out of receiving it in paper form. In any case, you may always request the paper receipt by contacting our Customer Service, via any of the means of communication advertised on our Platforms.
In any case, regarding any features of Wallet, the governing regulation on e-receipts or any other regulation applicable, and those to which these Terms and Conditions are bound, shall always prevail.
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.
1.3. Specific feature to acquire the e-receipt for your purchases in Physical Stores
If you are a registered user and have the App installed, but do not wish to register a card (Wallet feature), an exclusive QR code will appear automatically on the APP so that you can request the e-receipt or the proof of purchase in electronic form on the APP.
By using this QR code you expressly request the e-receipt or the proof of purchase in electronic form, thus opting out of receiving it in paper form. In any case, you may always request the paper receipt by contacting our Customer Service, via any of the means of communication advertised on our Platforms.
2. AVAILABILITY OF THE SERVICES OFFERED BY THE APP
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 features of the PULL&BEAR App, as well as to 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 damages that you may incur due to the use of any of the features of the PULL&BEAR App.
You agree to use the PULL&BEAR App 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 said App.
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 the features of 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 OF THE APP.
Any of the elements that form part of, or are included in, the App or Wallet 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, keys, indications or symbols that either the Company or legitimate 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 the Property may contain (for example, watermarks, digital fingerprints, etc.). The user acknowledges that, by virtue of these Terms and Conditions, the Company neither grants nor transfers to the user any rights whatsoever in respect of its Property or the property of any third party.
The Company only authorises the user to access and use these in accordance with the terms set out in these Terms and 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 consent of the legitimate owner 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 licence or authorisation of use to the user of its Property that is not expressly detailed in this clause. The Company reserves the right to terminate or modify, at any time and for any reason, the licences granted by virtue of these Terms and 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 of any other legitimate third-party title holder; or infringes any applicable regulation.