PULL & BEAR
PURCHASE AND USAGE CONDITIONS
This document (together with the documents referred to therein) sets out the conditions governing the use of this website (www.pullandbear.com) and the purchase of items on it (hereafter referred to as the "Conditions").
These Conditions are subject to change without warning. It is your responsibility to consult and read them periodically, as the conditions valid when the relevant Contract is entered into (as defined below) or the conditions of use of this website will apply at all times.
If you have any doubts about the Conditions or Data Protection Policies, you may contact our services using the contact form.
The Contract (as defined below) may be executed at your own discretion in any of the languages in which the Contract formalization Conditions are available on this website.
2. ABOUT US
The sale of items on this website is conducted under the name PULL & BEAR by PULL & BEAR (PORTUGAL) – CONFECÇÕES, S.A., a public limited company, with corporate headquarters at Avenida Fontes Pereira de Melo, n.º49, 2.º esquerdo, 1050-120 Lisbon, recorded in the Lisbon Commercial Registry Office, Section 4, under number 502 723 688, which is also the corporation identification number, with share capital of €250,000.00 (two hundred and fifty thousand Euros).
3. YOUR PERSONAL DATA AND VISIT TO THIS WEBSITE
Personal information or details provided by you will be processed in accordance with our Data Protection Policies. By using this website, you accept the processing of the information and details, and you thereby certify the veracity and accuracy of the information and details provided.
4. USE OF THE PULL&BEAR WEBSITE
Use of this website and placing orders on the same obliges you to:
i. Use this website solely to make inquiries and place legally valid orders.
ii. Not place false or fraudulent orders. If we are reasonably sure that an order was placed fraudulently, we shall be authorised to cancel it and report it to the relevant authorities.
If you do not provide all required information to PULL&BEAR, you will not be able to place your order.
By placing an order on this website, you state that you are of legal age and are legally enabled to enter into contracts of this nature.
5. SERVICE AVAILABILITY
Items offered on this website are only available for delivery within Portugal.
6. FORMALISING THE CONTRACT
When placing an order, you must follow the online shopping procedure and click "Authorise Payment" after first reading and accepting these Purchase Conditions. At that point, you have entered into a purchase contract with us (the “Contract”). After doing so, you will receive an e-mail confirming receipt of your order ("Order Confirmation"). Later, you will receive an e-mail confirming delivery of the order (“Shipping Confirmation”). An electronic receipt containing details of your order must be attached to the Shipping Confirmation.
7. ITEM AVAILABILITY
All item orders are subject to availability. In the event of difficulties in supplying some items, or if the item is not in stock, PULL&BEAR will refund the amount paid corresponding to the items not delivered within a period of 30 days.
Notwithstanding clause 7 above on item availability, and except in extraordinary circumstances, PULL&BEAR will make every effort to deliver the order containing the item(s) mentioned in the Order Confirmation before the date indicated in the respective Order Confirmation. If there is no delivery date specified, within the time frame indicated upon selecting the delivery method and, in any case, within a maximum period of 30 days from the Order Confirmation date.
However, there may be reasons for late delivery, such as item customization, unforeseen circumstances, or the delivery area.
The gift card will be delivered on the date indicated by you when placing your order.
If we are unable to meet the established delivery date for reasons beyond our control, you will be informed of the situation and provided with the option to continue with the purchase, selecting a new delivery date, or cancel the order with full reimbursement of the amount paid, notwithstanding any other rights applicable under current legislation. Bear in mind that PULL&BEAR does not make deliveries on Saturdays or Sundays, except for virtual gift cards, which are delivered on the date indicated.
For the purposes of these Conditions, "delivery" shall be understood to have taken place, or the order "delivered", as soon as you or a third party indicated by you takes physical possession of the items, which will be evidenced by signing the Order receipt at the stipulated delivery address.
The virtual gift card will be considered delivered as set out under the gift card Terms and Conditions of Use and, in any case, at the moment it is delivered to the e-mail address specified by you.
9. INABILITY TO DELIVER AN ORDER
If we are unable to delivery your order, we will leave a notice explaining where your order is and what to do to arrange a new delivery.
In the event of non-delivery of the product within the set time frame, you may be charged for costs associated with storing the products and costs arising from repeated attempts to deliver the order.
10. TRANSFER OF RISK AND OWNERSHIP OF THE ITEMS
The risks associated with the item are your responsibility once the items have been delivered.
You will take ownership of the products as soon as PULL&BEAR receives full payment of all amounts due in connection with the item, including delivery costs, or at the moment of delivery (as defined in clause 9 above), if it is made at a later date.
11. PURCHASING ITEMS AS A GUEST
The functionality for purchasing items as a guest is also available on our website. By choosing this type of purchase, you will only be asked for the essential details required to process your order. Upon completing the purchase process, you will be given the option of registering as a user or continuing as an unregistered user.
12. VALUE ADDED TAX (VAT)
Under the terms of current legislation, all purchases made via this Website are subject to prevailing Portuguese Value Added Tax (VAT).
13. PRICE AND PAYMENT
The price of the items will be as stipulated at all times on our website, except in the event of obvious omission. Although PULL&BEAR makes every effort to ensure that the prices indicated on our website are correct, there may be occasional errors. If we detect an error in the price of any of our items that you have ordered, we will inform you of this situation as soon as possible, giving you the option of confirming your order at the correct price or cancelling. If we cannot contact you directly, the order will be considered cancelled and we will refund all amounts paid by you for the order.
PULL&BEAR is not obliged to furnish any item at a lower incorrect price (even after sending the Delivery Confirmation) in the case of an obvious and unmistakable error that can reasonably be identified by you as an incorrect price.
Prices indicated on our website include VAT but exclude delivery charges, which are added to the total price, pursuant to our Purchase – Delivery Charges Guide.
Prices may change at any time. However, except as noted above, these changes will not affect orders for which an Order Confirmation has been issued.
Once you have selected all the items you wish to purchase, they are added to your basket. The next step is to process the order and make payment. To do so, complete the steps in the purchase process, entering or verifying the information required in each step. During the purchase process and prior to paying for the order, you can modify the details at any time. The Shopping Guide provides detailed information on the shopping process. If you are a registered user, you can also view the history of all your previous orders in the "My Account” section.
To pay for the items ordered, you can use Visa, Mastercard, American Express and Affinity Card, as well as PayPal. You can also pay in full or in part with a regular gift card or a voucher from PULL &BEAR issued by PULL &BEAR (PORTUGAL)- CONFECÇÕES, S.A. However, if you place an order online via the electronic devices (Ipods or Ipads) available in certain PULL&BEAR stores in Portugal, in some of these you will be able to pay using any of the payment methods available in those stores.
To minimise the risk of unauthorised access, the details of the credit card you use to make payment will be encrypted. Upon receipt of your order, PULL&BEAR will pre-authorise your card to ensure there are sufficient funds to complete the transaction. The amount of the order will be charged to your card when the order leaves the PULL&BEAR warehouses.
If your chosen payment method is PayPal, PULL&BEAR will process the payment as soon as the order is confirmed.
By clicking “Authorise Payment”, you certify that you are the credit card holder or that you are the legitimate owner of the gift card or voucher, as applicable.
Credit cards are subject to authorization by the card issuer. If payment is not authorized by the card issuer, PULL&BEAR waives all liability for any delays or failure to deliver the order, and may not formalize a user Contract.
Payment of orders may be processed by Fashion Retail, an Inditex Group company that receives and processes said payments on behalf of Pull & Bear, being duly authorised to this end. For the sake of clarity, please note that Fashion Retail shall on no account be regarded as part of this contract (namely, as seller of Pull & Bear products).
14. EXPRESS CHECKOUT
The Express Checkout function (hereinafter referred to as "Express Checkout") is designed to make it easier for you to make purchases on this website, so you do not need to complete the shipping, billing and payment information each time you place an order. The Express Checkout function is available in the View Basket section.
To use the Express Checkout function, you must save your credit card information. You may do so with any card accepted on this website by clicking "Save my card details". When you select this option, the following information is stored: card number, name of the cardholder as it appears on the card, and card validity date.
By accepting the use of the Express Checkout function, you authorize the purchases made with this tool to be charged to the card associated with it. Use of the credit card is governed by the terms and conditions established between the user and the card issuer in each case.
You can store as many cards as you wish in the Express Checkout function. To do so, you must make at least one payment with each card. If you want to save the information for more than one card, the card saved most recently will be considered your "Favourite Card", and it will be used by default for your purchases using the Express Checkout function. However, you can change your Favourite Card in the My Account section of this website.
To use the Express Checkout function, simply click the "Express Checkout" button in the Shopping Cart. Doing this will open a window with information about delivery, billing and payment of your order. The information available in this window cannot be edited, so you should not complete the purchase if you detect any incorrect information. To make the purchase using other information, please do not use the Express Checkout service.
You can modify your Favourite Card associated with the Express Checkout function in the My Account section of this website.
The provisions of this clause are not applicable to the purchase of items as a guest.
15. EXCHANGE & RETURN POLICY
15.1 Right to withdraw from the contract
By entering into a contract as a consumer, you are legally entitled to cancel the Contract within 14 days thereafter without having to provide justification.
The period for free Contract termination expires 14 days after the date on which you, or a third party other than the carrier designated by you, physically takes possession of the items or, in the case of several items that are part of a single order but are delivered separately, 14 days after the date on which you, or a third party other than the carrier designated by you, takes physical possession of the last item included in the order.
To exercise your right to free withdrawal from the contract, you must notify PULL &BEAR: by phone on 800 208 907, or by e-mail sent to [email@example.com], or in writing through our contact form, of your decision to withdraw from this Contract, by means of an unequivocal statement (for example, a letter sent by post or by e-mail). If you wish, you can use the termination template included in the Annex, although you are not required to use it.
In order to comply with the deadline for free cancellation of the contact, simply contact PULL&BEAR regarding your right to cancel the contract before the end date of the corresponding period.
Implications of withdrawing from the contract
If you terminate the Contract, PULL&BEAR will reimburse all payments made by you, including delivery fees (except for the additional costs resulting from choosing a delivery method other than the lower-cost standard delivery type offered), without any unwarranted delay and, in any case, within a maximum period of 14 days from the date PULL&BEAR receives the information on your decision to terminate this Contract. The reimbursement will be made using the same payment method used by you for the initial transaction. In any case, you will not incur any costs arising from said reimbursement. However, PULL&BEAR may suspend reimbursement until the returned items have been delivered to them, or until proof of return has been provided by you, whichever happens first.
You must return or deliver the items with the e-receipt attached to the shipping confirmation to any PULL &BEAR store in Portugal without unjustified delay and, in any case, within a maximum period of 14 days from the date of notice of termination of this Contract. This period is considered fulfilled if you return the items before the end of the 14-day period indicated.
Except in cases where you return the items to any PULL&BEAR store in Portugal, or you make the return through the delivery service provided by Pull&Bear, you must pay the costs of returning the items.
You are only liable for any diminished value of the items resulting from handling them in a manner other than what is necessary to establish their nature, characteristics and state.
15.2 Contractual right to return products
In addition to the right of free termination of the contract legally recognized for consumers mentioned in clause 15.1 above, PULL&BEAR grants you a period of 30 days from the date of delivery of the items to return them (except in the cases mentioned in clause 15.3 above, which exclude the right to return products). Returning the gift card is governed by its own Terms and Conditions.
You will be responsible for the costs of returning the items when done through the delivery service provided by us.
You may exercise your right to return products as set forth in clause 15.1 above on exercising the right to freely cancel the contract. Nevertheless, you must notify PULL&BEAR of your intention to return the products and proceed to do so within a period of 30 days starting from the date of the corresponding date of delivery.
15.3 Conditions of the contractual right to return products
You do not have the contractual right to return the following items:
i. Customised items
ii. Music CDs/DVDs without their original packaging.
iii. Sealed products that cannot be returned for reasons of hygiene and that have been unsealed following delivery.
Your contractual right to return products shall apply solely to products returned in the same condition as when they were received. No reimbursement will be made if the items have been used in addition to being opened, or if the items are not in the same condition as they were when they were delivered, or if they have been damaged, so take care of the item(s) while they are in your possession. Please return the products using or including all original packaging, instructions and any other accompanying documents, when applicable.
After the return, the items must be returned to our services as follows:
(i) Return at any PULL&BEAR store: You may return any item to any PULL&BEAR store within the same market that has the same section to which the returned item belongs. In this case, you must go to a store with the e-receipt attached to the e-mail confirming shipment. The e-receipt may be presented in digital format via your mobile device or in the form of a printout.
(ii) Return by delivery service: To return the item(s) using the delivery service provided by us, you must contact us with the form on the website, or by phoning 800 208 907 to arrange the collection of the item(s) from your home. Items must be returned in the same packaging in which they were delivered.
Neither of the two above-mentioned options will entail any additional costs to you. If you have purchased the goods as a guest, you can request the return by delivery service by phoning 800 208 907.
If you choose not to return the items using any of the free shipping methods indicated above, you will be responsible for paying the return expenses. Please not that if you choose to return the items with the “cash on delivery” option, PULL&BEAR will be authorized to charge you for any costs that may arise.
You can also contact our services through the contact form, or return the items directly to the address indicated on the receipt that was delivered to you at the time the order was received. We recommend that you return your order as quickly as possible, together with the respective receipt, to the address indicated. In this case, you will be responsible for the costs of returning the items.
After examining the items, PULL&BEAR will inform you of your right to reimbursement of the amounts paid. The delivery costs will be reimbursed when you exercise your contractual right to return the products within the contractually established period, and if you are returning all items that made up the order. The refund will be paid as soon as possible and, in any case, within a period of 14 days from the date on which PULL&BEAR receives notice of your intention to cancel. Notwithstanding the foregoing, PULL&BEAR may suspend the reimbursement until the effective return of the items or until there is proof of return, whichever occurs first. Reimbursement will always be made via the same payment method used to pay for the initial purchase.
You must assume the costs of returning the items if you do not choose any of the free return options described above. If you have any questions or concerns, contact our services through the contact form or by phoning 800 208 907.
Returns of orders placed using the electronic devices available in certain Pull&Bear stores in Portugal and paid for at the till in the store must be made in all cases in Pull&Bear stores in Portugal. Where the customer cancels, we make the reimbursement by refunding the money to which you are entitled using the same payment method as for the original transaction.
Notwithstanding the limitations of the contractual right to return products, provided in clause 15.2, this Clause shall not apply to the exercising of the right to free cancellation of the contact to which the consumer is legally entitled, in particular with regard to the limitation of the power to inspect and handle goods.
15.4 Returning defective items
If at the time of delivery you believe the item does not meet the conditions stipulated in the Contract, you should contact our services through the contact form or by phoning 800 208 907, within the legally established two months, indicating the details of the product or the damages, to help us tell you how to proceed.
You may return the item to any PULL&BEAR stores in Portugal, presenting the e-receipt in digital format on your mobile device or with a printed copy, or through the delivery service that PULL&BEAR will send to your home address. The items must be returned together with the receipt given to you when your order was delivered, and the corresponding value will subsequently be reimbursed. As legally provided for, in lieu of cancellation of the contract (and the resulting return of the item and reimbursement thereof), you may also opt to exchange the product.
Reimbursement of the price or replacement of the item paid for with another item will be carried out as promptly as possible and, in any case, within 30 days of the order by you for remedying the lack of conformity of the goods.
All amounts paid for the items returned due to any damage or defect will be reimbursed in full, including delivery costs associated with shipping the item and costs borne in returning it. The refund will be made via the same payment method used to make the original purchase.
All rights recognized by current legislation are preserved.
15.5 Variations that shall not be deemed defects
Items sold by PULL&BEAR, especially handcrafted items, often exhibit the characteristics of the natural materials used to make them. These characteristics, such as variations in weave, texture, knots and colours shall not be regarded as defects or damage. On the contrary, the consumer should expect and appreciate them. PULL&BEAR selects only items of the highest quality. However, natural characteristics are inevitable and should be understood as part of the individual appearance of the product.
The provisions of this clause will not affect your statutory rights as a user and consumer or your Contract cancellation rights.
16. INTELLECTUAL PROPERTY
You hereby acknowledge and accept that all copyright, trademarks and other intellectual property rights for material or content supplied on the website are the property of PULL&BEAR or are the property of those licensing our use thereof. The use of such material is authorized only to the extent expressly authorized by PULL&BEAR or its owners. This condition does not prevent you from using this website to copy the necessary information in your order or the contact details.
17. VIRUSES, PIRACY OR OTHER ATTACKS ON COMPUTERS
You may not use this website in an improper manner by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically damaging or harmful software or material. You must not attempt unauthorized access to this website, to the server on which it is hosted, or any server, computer or databases related to our website. You agree not to attack this website through any denial of service attack.
Any breach of the rules established in this clause shall be considered an infraction in the terms set forth by the applicable legislation. PULL&BEAR will report any failure to comply with this regulation to the appropriate authorities and will work with them to determine the identity of the attacker. Likewise any breach of this clause immediately suspends the authorization to use this website.
PULL&BEAR shall not be held liable for any damage or losses resulting from a service attack, virus or any other technologically damaging or harmful software or material that may affect your computer, IT equipment, data or material as a result of using this website or downloading content from the site or content from third party websites to which the user is redirected by the site.
18. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, the links are provided for information purposes only and PULL&BEAR has no control whatsoever over the content of these websites or materials. Therefore, PULL&BEAR shall not accept any liability for damage or injury arising from their use.
19. WRITTEN COMMUNICATION
Applicable legislation requires that part of the information sent to you by PULL&BEAR be provided in writing. By using this website, you accept that most of the communication with PULL&BEAR will be electronic. PULL&BEAR will contact you by e-mail or will provide you with information through alerts published on this website. For contractual purposes, you agree to use these electronic means of communication and that all contracts, notices, information and other communication sent to you electronically by PULL&BEAR comply with the legal requirements on equal terms with written communication. This condition does not affect your statutory rights.
Any notices you send to us should be made preferably using our contact form. Under the terms of clause 21 above, unless expressly stipulated otherwise, PULL&BEAR may send you notices by e-mail or to the postal address indicated by you when placing an order. Notices are considered to have been received or properly made as soon as they are published on our website, 24 hours after being sent by e-mail, or three days from the date any letter was posted. As proof of sending any notice, it will suffice to show, in the case of a letter, that is was addressed correctly, with the correct postage, and delivered to the post office or deposited in a letter box. In the case of an e-mail, to show that the notice was sent to the e-mail address specified by the recipient.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
This Contract is binding to PULL&BEAR and to you, and to our respective successors, assignees and transmitters. You may not transfer, assign, enforce or otherwise use any other means to transfer a Contract, or any of the rights or obligations arising from the same, without the prior written consent of PULL&BEAR. PULL&BEAR may transmit, assign, levy, sub-contract or otherwise transfer a Contract or any of the rights or obligations deriving from the same at any time during the period for which the Contract is valid to any INDITEX Group company. All other transmissions of the contractual position, rights or obligations of PULL&BEAR established under this contract will also be subject to your prior consent.
To avoid any doubt, transmissions, assignments, levies or other forms of transfer do not affect any rights applicable to you as a consumer that are recognized by applicable law, nor do they cancel, diminish or limit in any way the implied and expressed warranties offered to you by PULL&BEAR.
22. FORCE MAJEURE EVENTS
PULL&BEAR waives all liability for any breach or delay in performing any of the obligations assumed under a Contract, whenever they arise for reasons beyond the reasonable control of PULL&BEAR ("Force Majeure").
Force Majeure events will include any act, event, failure to exercise, omission or accident beyond our reasonable control, including but not limited to the following factors:
i. General strikes or other forms of protest which have a significant effect on the market.
ii. Civil disorder, revolts, invasions, terrorist attack or threat, war (whether declared or not) or threat of or preparation for war.
iii. Fire, explosion, storm, floods, earthquakes, collapse, epidemics and any other natural disasters.
iv. Inability to use trains, ships, air carriers, motorized transport or other means of public or private transport.
v. Inability to use public or private telecommunication systems.
It is assumed that PULL&BEAR’s obligations arising from the Contracts will be suspended during the period affected by any situations of Force Majeure and that PULL&BEAR will be given a period of time to fulfil said obligations equal to the duration of the situation of Force Majeure. PULL&BEAR will make every effort possible to end the Force Majeure event or to find a solution that enables the company to fulfil its obligations by virtue of the Contract, despite the Force Majeure event.
23. RIGHT OF RENUNCIATION
Failure by you to comply strictly with your obligations under a Contract or with these Conditions, or failure by us to exercise the rights or actions that correspond to us under this Contract or these Conditions shall not constitute in any case a renunciation or limitation of said rights or actions, nor do they exonerate you from fulfilling said obligations.
Renunciation by us of a specific right or action does not constitute in any case a renunciation of any other rights or actions deriving from the Contract or these Conditions.
Renunciation by us of these Conditions or of the rights and actions arising from the Contract shall have no effect except as expressly provided for in a waiver of rights, formalized and notified to you in accordance with the provisions of the Notices section above.
If these Conditions or any clause in the Contract is declared void or invalid by resolution of the corresponding authority, the remaining terms and conditions will remain in effect without being affected by said declaration of annulment.
25. SOLE AGREEMENT
These Conditions, and any document referenced in the same, constitute the entire Contract entered into between PULL&BEAR and you in relation to its purpose, replacing any pacts, agreements or promises established previously between PULL&BEAR and you, verbally or in writing.
PULL&BEAR and you, as the user, mutually agree to enter into this Contract, without reliance on any statement or promise made by the other party or that may be inferred from any statement or document in the negotiations between the two parties prior to said Contract, except those expressly mentioned in these Conditions.
PULL&BEAR and you, as the user, agree not to take any action related to any statement made by the other party, verbally or in writing, prior to the effective date of the Contract (except where such statements have been made fraudulently), and that the only action that the other party may take will be motivated by a breach of Contract, under the terms provided for in these Conditions.
26. APPLICABLE LEGISLATION AND JURISDICTION
Use of this website and the contracts for purchasing items on the website will be governed by Portuguese law.
If this Contract is entered into as a consumer, the content of this clause shall not affect your legal rights recognized by applicable law.
27. COMMENTS AND SUGGESTIONS
We always welcome your comments and suggestions. Please send us your comments and suggestions using our contact form.
28. ALTERNATIVE RESOLUTION OF DISPUTES
If the transaction between you and our company has been completed via our website, we hereby inform you – in accordance with EU regulation no. 524/2013 – that you are entitled to seek settlement of any dispute out-of-court by accessing the online settlements platform at http://ec.europa.eu/consumers/odr/
You may consult the current list of Alternative Dispute Resolution Bodies available under article 17 of Law no. 144/2015, of 8 September, on the Consumer Portal at www.consumidor.pt.
STANDARD CANCELLATION FORM
(Only fill in and return this form if you intend to cancel the contract)
To PULL&BEAR PORTUGAL – CONFECÇÕES S.A., Avenida Fontes Pereira de Melo, no. 49, 2º Esquerdo 1050-120 Lisbon (e-mail: firstname.lastname@example.org)
I write to inform you that I cancel my sales contract for the following items:
Ordered in / received in: (*)
Customer’s signature (only when sending form in printed format):
(*) Delete as applicable