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Purchase conditions

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Purchase conditions

Terms and Conditions of Purchase from the Pull&Bear website/App

1. INTRODUCTION

This document (hereinafter referred to as the "Conditions") together with the documents mentioned herein establishes the conditions that govern the use of this website ( www.pullandbear.com) and the purchase of products on it. By “website” – in the scope of these Conditions – shall be understood also PULL&BEAR application to which the Conditions are also applicable. Therefore, if you purchase products via said application, the Conditions apply in the same manner as to the website www.pullandbear.com.

Please read the Conditions, our Cookies Policy and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. As a Consumer, you have to accept the Conditions before placing an order and once accepted, they stay binding to you for the said order.

These Conditions may be modified, however new amendments will not have any impact on the Conditions applying to the orders already placed. It is very important for you to read the Conditions and the Data Protection Policies every time the order is placed. If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form available on the website, by telephone at00800 1124 411 or via e-mail at: contact@pullandbear.com. The contract between us to purchase a product via this website is hereinafter a “Contract”. The Contract may be executed, at your option, in any of the languages in which the Conditions are available on this website.

2. OUR DETAILS

Sale of goods through this website is carried out under the trading name “PULL&BEAR” by Pull & Bear Polska sp. z o.o. (a limited liability company) with its registered seat in Warsaw, Mysia 5, zip code 00-496, Warszawa, entered into the registry of entrepreneurs maintained by the District Court for the City of Warsaw in Warsaw, XII KRS Commercial Division, under the number 0000239359, REGON: 140230964, NIP: 525-234-83-14 (hereinafter “Pull&Bear”).

3. USE OF OUR WEBSITE/APP

When you use this website, you agree to:

i. Use this website to make legally valid enquiries and orders only;

ii. Not to make any false or fraudulent orders. In case there is a suspicion the order is unfair, i.e. in case of stolen credit card or in similar case, we will try to contact you to verify our suspicions to reasonable extent, depending on the available contact details, and if the said suspicions are confirmed, we will cancel the order and inform you about it;

iii. Provide us with your e-mail address, postal address and/or other contact details truthfully and exactly. If you do not provide us with all the information we need, you cannot place your order.

By placing an order on this website, you declare that you are over the age of 18 and that you have legal capacity to conclude contracts.

4. SERVICE AVAILABILITY

The articles offered on this website are available for delivery in Poland only.

5. HOW TO PLACE AN ORDER

To place an order on this website ( www.pullandbear.com) you must follow the online purchasing procedure, i.e. add the products you wish to your shopping bag, check out (using your chosen payment method or as a guest customer) and click on "Authorize payment". If, after placing an order, you realize that there is mistake in type, number of items you ordered or in other data, please call us ( 00800 1124 411) immediately.

Once you have placed your order, you will receive an email confirming receipt of your order (the "Order Confirmation").

The order confirmation email does not signify our acceptance of your order; we are simply confirming that we received your order. Once we have processed your order and prepared it for shipping, we will send you an email stating that we have accepted your order, which will include the shipment details (the "Shipment Confirmation").

The decision to accept your order is in our sole discretion. Because we want to make sure that we have your product available, we won’t accept your order until we have prepared your product for shipping. In most cases, this will be within twenty-four hours for items that are in stock.

Once we have sent and you have received the Shipment Confirmation, we form the Contract with you. Along with the Shipment Confirmation you will receive the content of these Conditions, which constitute a model contract. You can save and store the Conditions on your PC or other personal devices and play them in the ordinary course of operations. You can also download a file independently in a PDF format from our website:

PDF

Your order is also recorded and stored by our system. The accounting documents confirming the Contract are kept for a period of 5 years.

All that remains at that point is for us to deliver the product(s) to you, which is described in point 6 below.

6. DELIVERY

We will deliver products specified in the Shipment Confirmation within the deadline indicated in it or, if the deadline was not specified in the Shipment Confirmation, then in time frame selected when choosing way of delivery, however not later than within 30 days from the date of conclusion of the Contract. If in some exceptional situations we expect that delay may occur, we will contact you to agree on deadline of delivery or, if you reject the suggested deadline, you can withdraw from the Contract. If the order is cancelled, all money paid will be returned without undue delay.

For the purposes of these Conditions, "delivery" shall be understood to have taken place or the order is "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 receipt of the order at the agreed delivery address.

Please remember that the ordered products cannot be delivered to the address of the mailbox. Please also remember that the ordered products cannot be delivered to your address on Saturdays, Sundays and public/bank holidays.

As for the virtual gift card, we will deliver it on the date indicated by you when placing the order. The virtual gift card will be considered delivered as set out in the terms of use of the gift card (the “Terms of Use of the Gift Card”) and, in any case, at the time of sending this to the email address specified by you.

In case of orders made using cash on delivery, if 4 days pass since receiving information about your order availability for pick-up and in-store payment (upon receiving the email “Confirmation of order arrival at store”) and the order is not picked up due to causes not attributed to us, we have the right to cancel it (withdraw from Contract) and the Contract is considered to be terminated.

7. INABILITY TO DELIVER

If you are default in collecting the order, we will set an additional deadline to deliver it. If the order cannot be delivered within additional deadline, we have the right to cancel it (withdraw from Contract) and the Contract is considered to be terminated. If so, paid amounts of money will be returned without undue delay. This clause does not apply to the virtual gift card, whose delivery is governed by the provisions of the Terms of Use of the Gift Card and the provisions of clause 6 above.

8. TRANSMISSION OF RISK AND OWNERSHIP

You will be responsible for the risk connected with the Products once they are delivered.

You acquire ownership of the products upon delivery.

9. PRICE AND PAYMENT

The prices on the website include VAT but do not include delivery costs, which shall be added to the total amount as shown on our Shopping Guide – Shipment.

You expressly authorise us to issue the invoice in electronic format.

Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders already placed.

Once you have selected all articles that you wish to buy, those will have been added to your basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area.

You can pay with Visa, Mastercard or American Express credit cards, your IN Card, PayPal or P24. Likewise, you will be able to pay the whole or part of the cost of your purchase with a Giftcard or a Credit Voucher Card issued by Pull&Bear Polska Sp z o.o. To finalize your order, you have to go to the cash till at the store and pay for the picked products (using one of the above-mentioned payment methods) within an hour.

If you are placing your order through one of the electronic devices that are available at certain PULL&BEAR stores in Poland, you may also pay the price of your order in the cash till, with the possibility to use the following payment methods: cash, the cards: Visa, Mastercard, American Express, IN Card, Gift Card and Voucher Card. Furthermore, you can pay for your order via cash on delivery, using any payment method that is accepted at the Pull&Bear stores in Poland.

In order to minimize the risk of non-authorized access, your credit card details will be encoded. Once we receive your order, we will carry out a pre-authorization on your credit card in order to ensure that there are sufficient funds in order to complete the transaction. Your card will be charged as soon as your order leaves our warehouses.

If you choose to pay with PayPal, Gift card or Credit Voucher Card issued by Pull&Bear Polska Sp z o.o., you will be charged as soon as we confirm your order.

By clicking on “Authorise payment”, you confirm that the credit card belongs to you or that you are the legitimate owner of the Gift card or Credit Voucher Card.

The credit cards will be subject to verification and authorisation by the particular issuing body. However, we will not be held liable for any delays or failure to deliver if said body does not authorise payment and we will be unable to formalise any Contract with you.

We hereby inform that inform that that payments made using cards: Visa, Mastercard, American Express, IN Card, PayPal and P24 will be accepted by Spanish company FASHION RETAIL, S.A., with its registered address at: Avda. de la Diputación, Edificio Inditex, 15142 Arteixo (A Coruña), registered in the commercial register of A Coruña, vol. 3425, page 49, C-47731, item 1, tax identification number PL5263097755, in favour and on behalf of Pull & Bear Polska sp. z o.o., being an affiliate of Fashion Retail, S.A. Fashion Retail, S.A. may refund any payments made through the mentioned channels if necessary.

Pull&Bear Polska sp. z o.o. has granted Fashion Retail, S.A. a power of attorney and authorized Fashion Retail, S.A. to accept on behalf of Pull&Bear Polska sp. z o.o. any payments for the purchases of products made via this online platform and collected in one of PULL&BEAR shops in Poland as well as to refund any payments should such refund be necessary (provided that the payment has been originally collected by Fashion Retail, S.A.). All such payments are treated as if they were made in favour and on behalf of Pull&Bear Polska sp. z o.o.

10. VALUE ADDED TAX

Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT), except for those to be supplied directly to customers the Canary Islands, Ceuta and Melilla.

In this respect and in accordance with Chapter I of Title V of the 2006/112 Council Directive, dated 28 November 2006 in accordance with the common system of VAT, deliveries made in the member State that appears on the delivery address for the articles, will be charged the VAT rate that is legally valid in each member State according to the destination of the articles chosen in each order.

Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the "reverse charge" (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT will be charged by us, without affecting the customer’s obligation to account for the VAT attributable to them.

11. EXCHANGE/RETURNS POLICY

11.1. Statutory right of withdrawal

If you are contracting as a Consumer, you have the right to withdraw from the Contract within 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the purchased product, or in case of multiple items in one order delivered separately, after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the last item.

To exercise this right of withdrawal, you must notify us of your decision by making a statement to us that you withdraw from the Contract. Providing any reason is not required. To exercise the right of withdrawal, you may notify us at the telephone number 00800 1124 411, by writing an email to contact.pl@pullandbear.com or by writing on our contact form. You may use the model withdrawal form as set out in the Annex to these Conditions, but it is not obligatory.

If the Consumer serves a notice of withdrawal from the Contract electronically through the model withdrawal form or sending an email, we will send to such Consumer a confirmation of receipt of the notice of withdrawal on a durable medium (pdf).

You shall not have the right to withdraw from the Contract when it is for the delivery of any of the following products:

i. Customized items;

ii. CD / DVD software or IT delivered in closed packaging bearing a seal, if the packaging was opened after delivery;

iii. Goods delivered in the sealed wrapping, which cannot be returned after the wrapping is opened due to health or hygiene reasons, if the wrapping has been opened after the delivery.

Effects of withdrawal

In case of the statutory right of withdrawal, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you explicitly give your consent to another method of reimbursement which does not generate any costs for you.

In case of statutory right of withdrawal, if you select one of our return methods, the refund will take place without undue delay, not later than in 14 days from the receipt of your notice of withdrawal. If you decide to return and send the purchased product(s) on your own (i.e. you have not selected methods of return offered by us), we can withhold the refund until we receive the returned product(s) or a proof that the returned product(s) has been shipped (whatever is earlier).

If you decide to return and send the product(s) on your own (i.e. you have not selected methods of return offered by us), you should deliver the returned product(s) to us (delivery at the address given in the Model withdrawal form), not later than 14 days from the day on which you communicate your withdrawal from the Contract to us. The deadline is met if you return the product(s) before this 14-day period has expired.

Unless you hand the goods over in PULL AND BEAR store in Poland or unless you return the product(s) by dropping off, you shall bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handing other than what is necessary to establish the nature, characteristics and functioning of the goods.

Upon cancellation, the respective products shall be returned as follows:

Returns at any PULL AND BEAR store:

You may return any product at any PULL AND BEAR store in the market where your product was delivered with due section to which the product belongs. In such case, you should go to such store and present the product.

When returning the product(s) by dropping off the item at any of the delivery points authorized in Poland:

You may return any item by dropping it off at any of the delivery points authorized in Poland. In order to do this, you must request a return by means of the “Drop-off return” method of the “My account” section, and then we will send you by e-mail a return label that must be sticked to the package and dropped off at any of the delivery points authorized in Poland. You should leave the item in the same package as the one you received, and follow the directions on the "Returns" section of the website.

If you made a purchase as a guest, you can request to return the products to one of the delivery points authorized in Poland, using the link that was sent to you along with the Order Confirmation. After making the appropriate verifications, you will receive an email with a return label that you must stick to the package and return it to any of the mentioned authorized points.

Neither of the two options above will entail any additional cost to you.

We recommend returning products in their original packaging in order to prevent their damage plus instructions, and other documents, if any, accompanying the products. However, non-compliance with our recommendation does not impact exercising your statutory rights.

You may also contact us on our contact form or return the product directly to the address shown in the model withdrawal form. You will be responsible for the direct cost of returning the products .

Please bear in mind that if you wish to return the items to us by "cash on delivery", we reserve the right to charge the consumer the costs which we therefore incur.

For orders paid for at the cash till of a physical store, in all cases returns must be carried out at PULL&BEAR physical stores . In order to make the reimbursement using the same means of payment you used for the initial transaction, i.e. payment by cash or by card at the cash till of a physical store, we will need respectively to refund you with the cash in person or we will need your card used for the initial transaction. To sum up, to make a return and refund, we need you to come to the physical store (any PULL&BEAR store in Poland) with the products you wish to return (and, if applicable, a card you used for the initial transaction).

After the statutory period to withdraw lapsed (i.e. 14 days from the receipt of the purchased product), you are entitled to withdraw from the Contract on the basis of contractual right of withdrawal (please see clause 11.2. below).

11.2 Contractual right of withdrawal

In addition to the statutory right of withdrawal for Consumers, referred to in clause 11.1 above, we enable you (whether you are a Consumer or not) returning the purchased product(s) within 30 - day period, beginning from the day of receiving the Shipment Confirmation.

The right to withdraw from the Contract shall be entitled to you only for products that are returned in the same state or which reduced value does not exceed the minor faults that occurred while using them in a way not extending beyond what is necessary to establish the nature, characteristics and functioning of them.

We reserve the right to reject returns sent or communicated beyond the return period limit, or products which are not in the same condition in which they were received. We will not refund your money if the product does not meet the above requirements.

You shall not have the right to withdraw from the Contract when it is for the delivery of any of the following products:

i. Customized items;

ii. CD / DVD software or IT delivered in closed packaging bearing a seal, if the packaging was opened after delivery;

iii. Goods delivered in the sealed wrapping, which cannot be returned after the wrapping is opened due to health or hygiene reasons, if the wrapping has been opened after the delivery.

Effects of withdrawal

In case of the contractual right of withdrawal, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you explicitly give your consent to another method of reimbursement which does not generate any costs for you.

In case of the contractual right of withdrawal, if you select one of the free return methods, the refund will take place without undue delay, not later than in 14 days from the receipt of the product.

Delivery costs will be reimbursed when the right of withdrawal is exercised within the contractual period and all the goods in which the relevant parcel consists of are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel.

Upon cancellation, the respective products shall be returned as follows:

Returns at any PULL AND BEAR store:

You may return any product at any PULL AND BEAR store in the market where your product was delivered with due section to which the product belongs. In such case, you should go to such store and present the product.

When returning the product(s) by dropping off the item at any of the delivery points authorized in Poland:

You may return any item by dropping it off at any of the delivery points authorized in Poland. In order to do this, you must request a return by means of the “Drop-off return” method of the “My account” section, and then we will send you by e-mail a return label that must be sticked to the package and dropped off at any of the delivery points authorized in Poland. You should leave the item in the same package as the one you received, and follow the directions on the "Returns" section of the website.

If you made a purchase as a guest, you can request to return the products to one of the delivery points authorized in Poland, using the link that was sent to you along with the Order Confirmation. After making the appropriate verifications, you will receive an email with a return label that you must stick to the package and return it to any of the mentioned authorized points.

Neither of the two options above will entail any additional cost to you.

The return of the gift card is governed by the Terms of Use of the Gift Card.

You should return the products using or including all their original packaging, instructions and documents (if any) and other items, accompanying the products. We kindly ask you to return the product in a box and close it securely.

Please bear in mind that if you wish to return the items to us by "cash on delivery", we reserve the right to charge the consumer the costs which we therefore incur.

For orders paid for at the cash till of a physical store, in all cases returns must be carried out at PULL&BEAR physical stores . In order to make the reimbursement using the same means of payment you used for the initial transaction, i.e. payment by cash or by card at the cash till of a physical store, we will need respectively to refund you with the cash in person or we will need your card used for the initial transaction. To sum up, to make a return and refund, we need you to come to the physical store (any PULL&BEAR store in Poland) with the products you wish to return (and, if applicable, a card you used for the initial transaction).

If you have any questions, you can contact us on our contact form or by calling 00800 1124 411.

11.3 Returns of defective products (Warranty for defects of product)

If an item bought has a defect, you can file a complaint under Polish Civil Code (Article 556 et seq. of the Civil Code Act of 23 April 1964 (Journal of Laws of 1964. No. 16, pos. 93, as amended). Your claim might be filed on the basis of the warranty for defects.

Consumers are entitled to free repair or replacement, price reduction or refund from the seller in case of defective products. These rights apply to defects which emerged in a period of 2 years from the date of delivery of product(s). You will not be required to present the corresponding receipt.

In the aforementioned period Consumer may, instead of our suggestion to repair the defect, require the exchange for product free from defects or instead of exchanging, require defect removal, unless bringing product into compliance with the Contract in the manner chosen by Consumer is impossible or would require excessive costs in comparison with the method proposed by us. When evaluating these costs, we take into account the value of the product free of defects, the nature and the importance of the defects, but also we take into account disadvantages that consumer would otherwise meet.

We will handle your complaint within 14 days. You can also complain about warranty items (e.g. watches) if such warranty was granted.

As a Customer you have 2 options for making a complaint:

- Going to PULL AND BEAR store and filing a complaint – bridging the product with you,

- By dropping off the item at any of the delivery points authorized in Poland.

The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the article and the costs to you for returning it to us. The refund shall be paid by the same payment means you used to pay from the purchase, unless you explicitly give your consent to another method of reimbursement which does not generate any costs for you.

12. LIABILITY

It is understood that product has defect, if: (i) it fails to have a property, which a thing of that kind should have regarding the purpose stipulated in the Contract or arising from the circumstances or its intended use, (ii) it fails to have a property, about which the seller has assured the buyer, specifically by presenting to the buyer a sample or a model, (iii) it fails to lend itself to the purpose, which the buyer indicated to the seller at the conclusion of the contract, and the seller failed to make a reservation to such an intended use, and (iv) it was released to the buyer incomplete.

Handcrafted or artisan items sold by us often contain some natural characteristics of the materials used in the process of manufacturing of the completed item. We select only items of the highest quality but natural characteristics are inevitable. These features such as differences in grain, texture, knots and colour may cause some slight differences in the finish of products. Bearing in mind the above, we confirm, however, that nothing in this clause will affect your statutory rights arising out of statutory warranty or your contractual right of withdrawal.

13. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You should not make undue use of this website by intentionally introducing a virus, Trojan horse, worm, logic bombs or any other software or technologically damaging or harmful material. You should not attempt to make unauthorized access to this website, the server on which the site is housed or any server, computer or database related to our website. You should not attack this website through any attack of denial of service or an attack of distributed denial of service.

14. NOTIFICATIONS

The best way to send us notifications is through our contact form or via e-mail or in a form of written letter.

15. SEVERABILITY

In the event that these Conditions or any regulation contained in a Contract are considered invalid, illegal or un-enforceable in any extent by a competent authority, these shall be severed from the remaining terms and conditions and regulations will continue to be valid to the fullest extent permitted by law.

16. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

You are subject to the Data Protection Policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said Data Protection Policies and/or Conditions. Please be informed, however, that the changes will not affect already concluded Contracts.

17. APPLICABLE JURISDICTION

All disputes arising out of use of this website or the Contract or related to them are subject to the jurisdiction of the Polish courts.

18. COMMENTS AND SUGGESTIONS

Your comments and suggestions are important to us. Please send us your comments and suggestions through our contact form.

If you as a buyer consider your rights have been breached, you can address your complaints to us via the email address contact@pullandbear.com in order to seek an out-of-court settlement.

In this regard, if the purchase from us was concluded online through our website, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek the consumer dispute with us out-of court, through the platform for the online dispute resolution accessible through the Internet address https://ec.europa.eu/consumers/odr/

Last modified:

August 2018

Annex

Model Withdrawal Form

(only fill in and send this form if you wish to withdraw from the contract)

Address: Spedimex – PULL&BEAR, Sosnowiec 15a, 95-010 Stryków, POLAND

or by email to contact@pullandbear.com

I hereby give notice that I withdraw from my contract of sale for the following goods:

Ordered/received on (*)

Consumer’s name:

Consumer’s address:

Consumer’s signature (only if form is submitted on paper)

Date

(*) Delete as necessary