GENERAL TERMS AND CONDITIONS OF PURCHASE
PULL & BEAR
This document (together with the documents referred herein) contains the terms and conditions governing the use of this website (www.pullandbear.com) and the purchase of the items contained therein (henceforth “Terms and Conditions”).
Please read carefully through these Terms and Conditions, our Cookies Policy and our Personal Data Protection Policy (henceforth, jointly, the “Data Protection Policies”) before using this website. We hereby inform you that use of this website or placing an order on it implies acceptance of these Terms and Conditions and our Data Protection Policies. If you do not agree with all our Terms and Conditions and Data Protection Policies, do not use this website.
If you have any query regarding the Terms and Conditions or Data Protection Policies, you may contact us by using the appropriate contact form.
The Contract (as set out below) may be entered into, at your discretion, in any of the languages that the Terms and Conditions are available in on this website.
2. OUR DETAILS
The sale of products on this website is managed by ITX Italia S.r.l., with registered office located at 20122 Milano, Largo Corsia dei Servi n. 3, Tax Code number and VAT registration number 11209550158; N. REA MI- 1447159, telephone number 800 922 255; email address email@example.com, contact details available in the “contact” section of this website: www.pullandbear.com.
3. YOUR DETAILS AND ACCESS TO THIS WEBSITE
The information or personal data you provide as a user will be processed in accordance with the Data Protection Policies. By using this website you are authorising us to process your information and personal data and declaring that all the information and/or data you have provided us with are true and accurate.
4. USE OF OUR WEBSITE
By using this website and/or by placing any order through it, you agree to:
(i) Use this website exclusively to make legitimate enquiries or orders;
(ii) Not to make any false or fraudulent orders. If we have reasonable grounds to believe that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities;
If you do not provide us with all the information we need, we may not be able to complete your order.
By placing an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.
5. SERVICE AVAILABILITY
Items offered on this website are only available for delivery in Italian territory (except for San Marino, Livigno, Campione d’Italia and the waters of Lake Lugano). If you wish to order products from another EU member state outside of Italy via this website you are of course welcome to do so; however, the ordered products can only be delivered in Italy to a Pull&bear shop or a delivery address within Italy, (except for San Marino, Livigno, Campione d’Italia and the Lake of Lugano).
6. METHOD OF ENTERING INTO THE CONTRACT
The information provided in these Terms and Conditions and the details contained on this website do not constitute an offer of sale, but rather a mere invitation to treat. There shall be no contract between you and ourselves over any products until we have expressly accepted your order. If your offer is not accepted and your account has already been charged, you shall be reimbursed in full.
To place an order, you must follow the online purchasing procedure and click on "Authorise payment". Once you have made your order, you will receive an email confirming its receipt (the “Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order is an offer that you are making to us to buy one or more products. All orders are subject to our acceptance, which you will be informed of via email confirming the order is being sent (the “Delivery Confirmation"). A product's purchase-sale contract between you and ourselves (the “Contract”) shall only be understood as entered into when we send you the Delivery Confirmation.
Only the products listed in the Delivery Confirmation shall be subject to the Contract. We are not obliged to provide you with any product that has not been ordered until we confirm that an order has been sent via a Delivery Confirmation.
7. PRODUCT AVAILABILITY
All product orders are subject to availability. In this regard, if there are supply problems or there are no more items left in stock, we reserve the right to provide you with information about alternative products of the same or higher quality and value that you may order. If you do not wish to order the alternative products, we will reimburse any amount that you may have paid.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or modify any materials or content on this website. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content on the website or not processing an order once we have sent the Order Confirmation.
Notwithstanding Clause 7 above on product availability and except in the case of extraordinary circumstances, we shall do our utmost to send the order for the product(s) listed in each Delivery Confirmation by the date stated in the Delivery Confirmation or, where no delivery date is specified, within the deadline estimated on selecting the delivery method and, in any case, within a maximum period of 30 days following the date of the Order Confirmation.
Nevertheless, there may be a delay for various reasons, such as customisation of products, the occurrence of unforeseen circumstances or the delivery area.
With regard to the virtual gift card, we will send it on the date indicated by you when you place your order.
If for any reason we are unable to comply with the delivery date, we will inform you and give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Please note, however, that we do not deliver on Saturdays or Sundays, except in the case of the virtual gift card which will be delivered on the date indicated by you.
For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the order receipt at the delivery address indicated by you.
The virtual gift card shall be deemed to have been delivered in accordance with the Terms and Conditions of the Gift Card, and in all cases on the delivery date of the virtual card to the email address indicated by you.
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 15 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 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. PASSING OF PRODUCT RISK AND OWNERSHIP
All product-related risks shall be borne by you as soon as the product has been delivered to you.
You will become the product's owner as soon as we have received full payment for all amounts due, including delivery charges, or on delivery (as defined in Clause 9 above), whichever occurs later.
12. PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
The prices on the website include VAT, but exclude delivery charges, which are added to the total price as indicated in our Shopping Guide under the section on Delivery Charges.
Prices may vary at all times; however (except where stipulated above), possible changes will not apply to any orders that we have already sent an Order Confirmation for.
Once you have selected all items that you wish to buy, they will be added to your basket. The next step will be to complete the order and make the payment. To do this, you must follow the purchase process steps, indicating or verifying the information requested in each step. Furthermore, you may modify the details of your order at any stage in the purchase process before payment. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, you will find a record of all the orders you have placed available in the “My account” section.
Payment can be made by Visa, Mastercard, American Express and PayPal. In addition, you may also pay all or part of your order’s price with a gift card issued by ITX Italia S.r.l.. Where available, If you select to pay upon delivery at one of the authorised Pull&Bear retail shop in Italy, you can make your payment using any of the methods accepted at authorized Pull&Bear retail shop in Italy (Visa credit cards, Visa Electron, MasterCard, American Express, cash).
To minimise the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged when your order leaves our warehouse.
If your payment method is PayPal, the charge will be made when we confirm your order.
Please be informed that Fashion Retail, S.A. with corporate seat at Avenida de la Diputación, Edificio Inditex, Arteixo, A Coruña (Spain) registered in the commercial register of A Coruña, vol. 3425, page 49, C-47731, 1st entry, and tax identification number A-70301981 will collect and make refunds on our behalf in relation to all payments made through this online platform.
By clicking "Authorise Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card.
Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.
If you place an order using the electronic devices available, at any Pull&Bear shop in Italy, you may also be given the option to pay for the order at the store's cash register, in this case, your payment can be made using the payment methods accepted in that store.
12.3 Quick purchase
The quick purchase option (henceforth “Quick Purchase”) lets you make your simplified purchases on this website, saving you the need to enter your shipping, billing and payment details for each purchase. Quick Purchase will be available in the “See Shopping Basket” section.
You will have to save your card details before you can use the Quick Purchase service. You can do so when making a payment with any card accepted on this website by selecting the "Save my card details” option. This operation involves memorising the following details
on your card: card number, name of card holder as written on the card itself and the card’s expiry date.
To save your card data and use the Quick Purchase service, you will have to accept the current Terms and Conditions and the Policy for the Protection of Personal Data.
The moment you accept the use of the Quick Purchase service, you authorise the payment of the purchases to be debited via this tool on the corresponding card associated with this tool. The use of your cards will still be governed by the terms and conditions agreed between you and the issuer of your card.
You can save any card details you want for the Quick Purchase service, but you will need to make at least one payment with each of them. Should you wish to save the data for more than one card, the last card the data have been saved on will be regarded as the "Preferred Card", which all Quick Purchase will be charged to by default. You may, however, change the Preferred Card in the "My Account" section on this website.
To use the Quick Purchase service, just click on the "Quick Purchase" button which will appear in the Shopping Cart. A screen will appear immediately with the delivery, payment and billing details of your purchases. The information available on this screen is not editable, so if any data is not correct, do not complete the purchase. To make purchases with other details, please do not use the Quick Purchase service.
13. VAT (VALUE ADDED TAX)
Under the current regulations, all purchases made on the website are subject to Value Added Tax (VAT).
14. RETURNS AND EXCHANGES POLICY
14.1Statutory right of withdrawal
If you are contracting as a consumer, you have the right to withdraw from the Contract, within 14 days, without giving any reason.
The withdrawal period will expire after 14 days from the day on which you take, or a third party other than the carrier and indicated by you takes physical possession of the goods or in case of multiple goods in one order delivered separately, after 14 days from the day on which you take, or a third party other than the carrier indicated by you takes, physical possession of the last good ordered.
If you wish to exercise your right of withdrawal you will have to notify us by either sending a letter to Avenida Gonzalo Navarro 37-43, 15573Narón, A Coruña,, calling us on 800 922 255, sending an e-mail to firstname.lastname@example.org or filling in our contact form, of your decision to withdraw from the contract through an express statement (for example, in a letter sent by post or email). You may use the model withdrawal form as set out in the Annex, although it is not mandatory to use such Annex.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you decide to withdraw from this Contract, we will return to you all payments received from you, including delivery charges (except for any additional charges resulting from your choice of any delivery method other than the standard delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any charges as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Please return the goods by visiting any PULL & BEAR shop located in Italy or telephoning Customer Support on 800922255, without undue delay and, in any case, within 14 days from the day on which you communicated your withdrawal from the Contract. The deadline is met if you send back the goods before the period of 14 days has expired.
You shall bear the direct costs of a product's return, except where it is brought back in person to any PULL & BEAR shop located in Italy or by a courier arranged by us.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
14.2 Contractual right of withdrawal
In addition to the statutory right of withdrawal for consumers and users mentioned in Clause 14.1 above, we will grant you a period of 30 days to return a product, from the date of its delivery (with the exception of products mentioned in Clause 14.3 below, where the right of withdrawal is excluded). Return of gift cards shall be governed by the Terms and Conditions of the Gift Card.
Should you return a product within the deadline for the contractual right of withdrawal but outside the deadline for the statutory right of withdrawal, you will only be reimbursed with the amount you paid for that product. Except where a product is returned in person to a PULL & BEAR store in Italy, you shall have to bear the direct costs of its return.
You may exercise your contractual right of withdrawal under the provisions of Clause 14.1 above, on the understanding that where you inform us of your intention to withdraw from the Contract after the statutory deadline for right of withdrawal, you must return the product to us in any case within a period of 30 days from of the date of delivery.
14.3 Common provisions
You shall not have the right to withdraw from the Contract when it is for the delivery of any of the following products:
1. Customised items.
2. Music CDs/DVDs without their original wrapping.
3. Sealed products which are unsuitable for return for reasons of hygiene and which have been opened after delivery.
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged: So take care of the products while in your possession. Please return the products using or including all their original packaging, instructions and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the receipt that you received when the product was delivered.
You may only make exchanges on the same product for a different size and color. You will find a summary on exercising this cancellation right when you receive the order.
You may return any product to any PULL&BEAR store in Italy or deliver it to a courier that we will send to your home address, as further specified below. Neither of the above return options will entail any additional cost to you.
a. Returns to PULL&BEAR sales points
You may return a product to any PULL & BEAR sales point in Italy that has the same product department for the product you wish to return. In that case, you should go to the store in person and hand over the product with the receipt received and duly signed on its delivery.
a.1 Returns of items ordered through electronic devices in store, paid for at the till or via cash on delivery
Returns for orders made using cash on delivery and paid at the till of the store, can only take place in any Pull&Bear store in Italy. Please note that in respect of orders made using cash on delivery and paid at the till, returns must always be carried out at any Pull&Bear store in Italy. In this case, if 7 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 cancel your order and we will consider the contract to be terminated.
Please note that in respect of orders that were originally placed through an electronic device in a Pull&Bear store in Italy and that were paid for at the till of that store, returns can only take place in any Pull&Bear store in Italy.
The methods b) listed below, or any other method are expressly excluded.
b. Returns by courier
You should contact us through our web form to arrange for the product to be collected at your home address. You should send the product in its original packaging and follow the directions on the "RETURNS" section of this website.
If you do not wish to use any of the free return methods available, you will be responsible for the return costs. Please note that if you decide to return the products with the "cash on delivery" method, we are entitled to charge you the relevant costs.
After examining the product, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery charges will be reimbursed when the right of withdrawal is exercised within the statutory period and all relevant goods are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. The refund will always be paid using the same payment means you used to pay for your purchase.
You shall bear the cost and risks of returning the products to us, as indicated above.
14.4 Returns of defective products
In circumstances where you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us via our web form with details of the product such as any damage incurred, or you can contact us by telephone on 800 922 255 and we shall indicate the procedure to be followed.
You must return the product to us at any PULL & BEAR sales point in Italy or send an email with the photo of the product to email@example.com. We will carefully examine the returned product and notify you within a reasonable period, our response.
In case of lack of conformity, we will provide you with a full refund or a replacement of that product (as appropriate), unless you require otherwise and provided that your request is feasible and/or not excessively burdensome for us pursuant to applicable legislation. Items will be refunded or replaced as soon as possible and, in any case, within 14 days from the date on which we have confirmed our intention to provide you with a refund or replacement for the unsuitable item.
Products returned by you because of damage or a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. The refund will be paid using the same method of payment made for your purchase, unless otherwise agreed.
These provisions do not limit any applicable statutory consumers rights. .
14.5 Right of withdrawal and return for orders from abroad
If you have ordered products from outside Italy from another EU member state via this website the above clauses 14.1, 14.2, 14.3 will apply with the restrictions that the collection by a courier commissioned by us can only be made from the original delivery address within Italy.
At the same time we would like to inform you that we are under no circumstances (with exception of clause 14.4 to which this clause does not apply) obliged to pay shipping costs to destinations other than the original delivery address nor the return costs from destinations outside Italy.
15. P&B - CUSTOMISED ITEMS.
This website includes a specific section P&B where, in accordance with the section's terms and conditions, you can customise certain products by selecting your own texts and characters. You will find more information about this service in the relevant section.
Please bear in mind that, due to technical issues or other matters outside our control, the colours, textures and actual sizes may differ to those shown on screen.
Please also be aware that because these are customised garments, they cannot be returned or exchanged.
You guarantee that you are authorised to use the texts and other elements that form part of the customisation of the products. Although we reserve the right to refuse your customisation or cancel orders for customised products for failure to comply with these conditions, you will be solely responsible for the customisation requested. We may refuse your customisation or cancel orders for customised products if the customisation includes or consists of inappropriate content, property belonging to third parties, or other illicit material.
We assume no responsibility for and we undertake no obligation to verify the texts or other elements included in the customisation created by users of this service. We do not guarantee the lawfulness of said texts or other elements and we therefore take no responsibility for any loss and/or damage arising for any user(s) and/or third parties - whether these are individuals or public or private bodies - directly or indirectly derived from the use of the P&B section or that have any direct or indirect relation to the section and/or its products.
All Items sold through this website are covered by legal guarantee provided by law in favor of consumers, to cover any lack of conformity existing at the time of delivery of that products.
Legal guarantee covers any lack of conformity of items detected within two years from their delivery, provided that such lack of conformity has been communicated within two months from the date on which consumer has detected such lack of conformity.
Pursuant to the applicable legislation, there is a lack of conformity if the product you have purchased (i) does not comply with the description provided and does not possess the qualities shown in this website; (ii) is not suitable for the purposes for which items of their kind are normally used; (iii) doesn’t have the quality and performance which are normal in items of the same type which can reasonably be expected, taking into account that kind of product and, where appropriate, its specific features. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in case of consumers and users, we disclaim all other warranties of any kind, whether express or implied, in relation to the items available on this website.
In case of lack of conformity of items, you are entitled to have the goods restored to conformity with the contract, free of charge. If you believe that one or more of the purchased products show any lack of conformity, please contact us through the contact information available on this website.
17. LIABILITY AND LIABILITY EXEMPTION
Unless otherwise provided for in these Terms and Conditions, our liability for any product purchased on our website shall be strictly limited to the price of purchase of the product in question.
Notwithstanding the above, our liability may not be excluded or limited in the following cases:
a) In the case of death or personal injury caused by our negligence;
b) In the case of fraud or fraudulent activity; or
c) Any circumstances where it would be illegal or unlawful on our part to exclude, limit or attempt to exclude or limit, our liability.
Notwithstanding the paragraph above, and insofar as current Regulations so permit, and except where provided for otherwise under these Terms and Conditions, we shall not accept any liability for the indirect damage and/ or loss, such as:
i. loss of earnings;
ii. loss of turnover;
iii. loss of profits or contracts;
iv. loss of forecast savings;
v. loss of data; as well as
vi. waste of office management time.
Owing to the open nature of this website and the possibility of errors arising in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or collected on this website, unless expressly stated otherwise.
These provisions do not in any way limit consumer rights recognised under current regulations.
18. INTELLECTUAL PROPERTY
You recognise and accept that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the licence for their use. You are permitted to use this
material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to make a copy of your order or Contract details.
19. VIRUSES, PIRACY AND OTHER CYBER ATTACKS
You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to carry out a DoS attack on this website.
Failure to comply with this Clause may result in a breach as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, should you fail to comply with this Clause, your authorisation to use this website will be immediately withdrawn.
To the fullest extent permitted by current regulations and with regard to fundamental consumer rights, we shall not accept any liability for any damage or loss arising from a DoS attack, virus or any other software or materials that may cause technological harm or damage to your computer, IT equipment, data or materials as a result of using this website or downloading its content or which redirects users to it.
20. LINKS FROM OUR WEBSITE
Where our website contains links to other websites and third party materials, such links are provided exclusively for information purposes, without our having any control over the content of those webpages or websites. Accordingly, we shall not accept any liability for any damage or loss arising from their use.
21. WRITTEN COMMUNICATIONS
The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that communication with us will be mainly electronic. We will contact you by email or we will provide you with information by posting notifications on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights under current legislation.
The notifications that you send us must preferably be sent through our online contact form. Except where specified under Clause 19 above, we may send you notifications either by email or to the postal address you provided when placing an order.
Notifications shall be deemed to be received and duly communicated as soon as they are posted on our website, 24 hours after they have been sent by email or three days after their letter’s postage date. As proof that the notification has been sent it shall be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or placed in a post box; as for emails, that the notification was sent to the email address specified by the recipient.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both Parties, as well as for our respective successors and assigns.
You may not in any way transfer or assign the Contract or any of the rights or obligations arising from it, without our prior written consent. We shall be free in any way and at any time to transfer, assign, subcontract or dispose of the Contract or any of the rights or obligations arising from it. For the purposes of avoiding any doubt, any transfer, assignment, sub-contracting or other disposal of the Contract shall have no effect on your rights as a consumer or in any way undermine, reduce or limit any of the guarantees or liabilities on our part, whether explicitly or implicitly.
24. FORCE MAJEURE
We shall not be liable in any way for any breach or delay in performing any of the obligations under a Contract where caused by events that are beyond our reasonable control ("Force Majeure Events").
Force Majeure shall be understood as any act, event, non-occurrence, omission or accident that is beyond any reasonable control including, but not limited to, the following:
1. Strike, lockout or other forms of protest.
2. Civil unrest, revolt, invasion, terrorist attacks or terrorist threats, war (whether or not declared) or threat of war .
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4. Inability to use trains, ships, aircraft, motorised transport or other means of public or private transport.
5. Inability to use public or private telecommunication networks.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Performance of the obligations under the Contract shall be deemed to be suspended throughout the duration of any event of Force Majeure Event. We shall be granted an extended period for performing the Contract corresponding to the duration of the Force Majeure Event. It shall be noted that we shall do our utmost during a Force Majeure Event to find a solution through which we can meet our contractual obligations.
Should we omit to insist, during the lifetime of a Contract, upon the strict performance of any of your obligations or of any of the obligations provided for under these General Terms and Conditions or any of these terms and conditions, or even omit to exercise any of the rights or remedies we are entitled to under the Contract or these General Terms and Conditions, that omission shall not constitute any waiver of our rights or remedies or exempt you meeting your corresponding obligations.
Any possible tolerance on our part of a breach on your part shall not constitute a waiver of any future action against any further breaches.
No waiver on our part of any of your obligations under the Contract or these General Terms and Conditions shall be valid unless expressly communicated in writing, in accordance with the provisions of clauses 21 and 22 above.
Should any clause or part thereof under these General Terms or any of the provisions of the Contract be construed by any competent authority to be invalid, unlawful or unenforceable, that clause, term or provision shall be deemed to be severed whereas the remaining clauses, terms, and provisions shall remain valid to the fullest extent permitted by law.
27. INTEGRITY OF CONTRACT
These General Terms and Conditions, as well as any document expressly referred to herein, constitute the entire agreement between you and ourselves regarding the subject matter of the Contract and thereby replace any previous agreement, understanding or pact between us, whether oral or in writing.
We, the Parties, hereby acknowledge that in signing the Contract neither of the parties has relied on any representation, pledge or promise either made by the other or inferable from anything said or written during the negotiations prior to the Contract, except where expressly stated in these Terms and Conditions.
Neither party shall be entitled to remedy any possible false statements made by the other party, whether oral or in writing, prior to the date of any Contract (except where a false statement is fraudulently made) and the only forms of action that the other party may take shall be for breach of Contract, as provided for under these Terms and Conditions.
28. RIGHT TO AMEND THESE TERMS AND CONDITIONS
We reserve the right to revise and amend these Terms and Conditions at any time.
You are subject to the General Terms and Conditions in force at the time of your order unless an amendment to the General Terms and Conditions or to the Data Protection Policies has to be made in accordance with legislation or at the request of a government authority (in which case it will also apply to orders already placed).
29 . APPLICABLE LAW AND JURISDICTION
Use of our website and product-purchase contracts entered into on our website are governed by Italian law.
Any dispute arising from or relating to the use of the website or any contract entered into on it shall fall, in case of lawsuit, under the jurisdiction of the Judge at the consumer’s place of residence or domicile.
If you are entering into the contract as a consumer , this Clause shall in no way affect the consumer rights you enjoy under legislation.
30. QUERY, COMPLAINT AND THE EUROPEAN ONLINE DISPUTE RESOLUTION (ODR) PLATFORM FOR CONSUMERS
If you have any feedback, suggestion, or query, you can send it through the contacts available on our website. Our Customer Service will manage your query as soon as possible, and in any case, according to the terms provided by law. .
Moreover, there are official claim forms available to consumers and users. These can be requested by calling 800 922 255 or via the contact form.
If you believe your rights as a customer have been violated, you may email a formal complaint to firstname.lastname@example.org for the purposes of reaching a settlement.
In this regard, we inform you that, pursuant to Regulation (EU) No 524/2013, you are entitled to ask for an out-of-court resolution of disputes relating to orders placed via this website through the European platform ODR (Online Dispute Resolution) http: / /ec.europa.eu/consumers/odr provided by the European Commission to resolve online disputes arising from online contracts between consumers and traders.
Last Updated on 22/03/2022
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
TO ITX Italia S.r.l., operating under the name of PULL &BEAR, to the address Avenida Gonzalo Navarro 37-43, 15573Narón, A Coruña, or by email to email@example.com.
I hereby give notice that I withdraw from my contract of sale for the following goods:
Ordered on (*)/received on (*)
Name of consumer
Address of consumer
Signature of consumer (only for paper forms)
(*) Delete as appropriate
TERMS AND CONDITIONS OF USE OF
‘PULL&BEAR’ APP FEATURES
These Terms and Conditions of Use (the "Terms") specifically govern the access to and use of the services and various features available on PULL&BEAR’s App (as defined below). These Terms are in addition and without prejudice to the Purchase Conditions of www.pullandbear.com.
Features available on the App include: (i) the option to purchase goods via PULL&BEAR’s App, this being deemed to be a purchase made on the Online Store, and therefore subject to the Purchase Conditions of www.pullandbear.com; (ii) the option to manage receipts for purchases made on PULL&BEAR’s online stores (the “Online Store”) and, (iii) the option to receive the electronic receipt or electronic proof of purchase, by showing at PULL&BEAR’s Physical Stores the designated exclusive QR for such purposes. Both Physical Store and Online Stores are operated in Italy by the company ITX Italia S.r.l., having its registered office at Largo Corsia dei Servi n.3, Milan Italy, number of registration in the Business Register of Milan, Fiscal Code and VAT Number 11209550158.
1. GENERAL DESCRIPTION OF THE SERVICE
1.1 Purchase of goods on www.pullandbear.com via PULL&BEAR’s APP
Customers can purchase goods on www.pullandbear.com via PULL&BEAR’s App. Therefore, purchases made using the App are deemed to be purchases made on the Online Store and as such, are subject to the Purchase Conditions of www.pullandbear.com, which you need to accept upon purchasing any good.
1.2 Management of receipts for purchases made on the Online Store
The receipts for purchases made on the PULL&BEAR Online Store will be stored on the App, specifically in the ‘My Purchases’ section.
1.3 Obtaining an electronic receipt
When paying for a purchase in Physical Stores, you 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 make exchanges or returns at Physical Stores using said receipt, under the applicable Terms and Conditions, according to the commercial policy of PULL&BEAR, 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 the PULL&BEAR website.
In any case, 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.
1.4 Scan receipts
if your original receipt is in paper format, you can generate a digital version of the same receipt by scanning the QR code that is found printed on the receipt. From then on, you can use this electronic receipt to make returns in Physical Stores, although please note that any returns will always be in accordance with the relevant terms and conditions, PULL&BEAR’s commercial policies, and all relevant legislation.
2. AVAILABILITY OF SERVICES OFFERED VIA THE APP
In accordance with applicable laws, we reserve the right to amend, suspend or delete, at any time, at our sole discretion and without prior notice, be it generally or in particular for one or more users, any or all of PULL&BEAR’S App features, and to modify, suspend or delete, under the same terms, the availability of all or part of the Service.
Except in those cases where the exclusion of liability is legally limited, we are not liable for any damage that you may suffer from using PULL&BEAR’s App in its different features. You agree to use PULL&BEAR’s App exclusively for the purposes for which it is intended and therefore, to not make any improper or fraudulent use thereof, and you will be liable to the Company and/or any third party for any damage which may arise from an improper use of PULL&BEAR’s App.
You will be liable in the following cases:
a) when, where applicable, your equipment or terminals associated with the App, SIM cards, email addresses and/or any Passwords are used by a third party authorised by you without our knowledge;
b) when errors or malfunction occur when you are using the App’s different features as a result of defective hardware, software, devices or terminals or of a lack of the necessary security measures installed on the device on which you are using the App.
4. INTELLECTUAL PROPERTY, INDUSTRIAL PROPERTY AND OTHER RIGHTS ASSOCIATED WITH THE APP.
Any of the elements that form part or are included in the App are the property or are under the control of the Company or third parties having authorised their use. All of the above shall be hereinafter referred to as the “Property”.
Users agree not to remove, delete, alter, manipulate or in any other way amend:
- The notes, legends, signs or symbols that either the Company or the legal right holders incorporate into their property with regard to intellectual or industrial property (e.g. copyright, ©, ® and ™, etc.,).
- Protection or identification technical devises that the Property may contain (e.g. watermarks, fingerprints, etc.,). Users acknowledge that under these Terms, the Company does not assign or transfer any rights over their Property or over any third-party properties.
The Company only authorises users to access and use the Properties in accordance with these Terms.
Users are not authorised to copy, distribute (including by email or on the Internet), transmit, communicate, amend, alter, transform, assign, or in any other way engage in activities that entail the commercial use of the Property, whether in whole or in part, without the express written consent of the legal holder of the exploitation rights.
Access to and use of the Property will always and in all cases be for strictly personal and non-commercial purposes.
The Company reserves all rights over the Property that it owns including, but not limited to, all intellectual and industrial property rights that it holds over the Property.
The Company does not grant users any licences or authorisations to use the Property it owns other than those expressly set forth in this clause. The Company reserves the right to terminate or amend at any time and on any grounds any licences granted under these Terms.
Notwithstanding the foregoing, the Company may take legal action against any other use by users which:
- does not comply with the terms and conditions herein laid down;
- infringes or breaches the intellectual and industrial property rights or other equivalent rights of the Company or of any other third-party legal right holder, or violates any other applicable laws.