PURCHASE AND USE CONDITIONS PULL&BEAR SLOVENIA
This document (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 (hereinafter referred to as the "Conditions").
These Conditions may be modified and any modification will be made available to you on our web-site. It is your responsibility to read them each time that you use our website or place an purchase order, as the current Conditions at the time of formalisation of the relevant Contract (as defined further on) can change and only the version available on the website at the given time shall apply.
If you have any query regarding the Conditions or the Data Protection Policies you may contact us also by using the contact form available on our website.
The contract between us to purchase a product (hereinafter, 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 web page is carried out under the trading name PULL&BEAR S, trgovsko podjetje, d.o.o., with registered seat in Ljubljana, business address at Ameriška ulica 8, 1000 Ljubljana, Slovenia, which is registered at the court register of the District Court in Ljubljana under Srg 2007/01583, in file no. 14657100, with registration no. 2273128000 in share capital amounting to EUR 1.165.000,00, and with VAT identification and tax no. SI 69222274, with the following email address email@example.com, and following telephone number 080081810. When contacting us by phone or other means of communication, no costs shall incur other than those charged by telephone or other service provider (including long-distance charges, etc.). With respect to the mere use of web-site and e-mail communication no specific costs shall incur other than those charged by your internet service provider.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
4. USE OF OUR WEBSITE
When you use this website and place orders through it, you agree to:
a. Use this website to make legally valid enquiries and orders only.
b. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the pertinent authorities.
If you do not provide us with all the information we need, you cannot place your order.
When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into contracts.
5. SERVICE AVAILABILITY
The articles offered on this website are available for delivery in Slovenia only and are subject to the current stocks (i.e. goods are available until exhaustion of stocks).
6. HOW THE CONTRACT IS FORMED
The information set out in the Conditions and the detail contained on this website do not constitute an offer for sale but rather an invitation to make an offer. No contract in respect of any products shall exist between us and you until your order has been expressly accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order, you will be required to follow the shopping process online. After all the required information is provided, please press the "Authorise payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the "Shipping Confirmation"). The contract for the purchase of a product between us will only be formed when we send you the Shipping Confirmation. The contract for the purchase of a product between us in addition to your order and our Shipping confirmation includes also this Conditions.
The Contract will relate only to those products whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipping Confirmation.
The Order Confirmation and the Shipping Confirmation have been sent to you to your e-mail address; this Conditions have been made available to you on the website and/or access to them was made available to you in the Shipping Confirmation. Document shall be stored and can be made avail-able to you.
7. TECHNICAL MEANS OF CORRECTING ERRORS
This website displays confirmation screens at various points throughout the purchasing process, which do not allow the order to be processed if the data in these sections has not been entered correctly. This website also shows the details of all the items that you have added to the shopping basket during the purchasing process and as such you may modify the details of your order before payment. If you detect an error in your order after payment has been made, you should contact our customer services to rectify the error immediately, either by telephone or email, using the aforementioned contact details.
8. AVAILABILITY OF PRODUCTS
All product orders are subject to availability of the same. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we shall duly and timely inform you.
9. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. We shall not be liable to you or to any third party for removing any product from this website for removing or modifying any material or content from the website.
Furthermore, although we will always do everything possible to process all orders, there may be exceptional circumstances (e.g. orders received in certain period exhaust our availability of goods in stocks) that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time if such exceptional circumstances will arise. In case of such exceptional circumstances, we shall not be liable to you or to any third party for not processing an order once we have sent the Order Confirmation.
Notwithstanding clause 8 above regarding product availability and save for extraordinary circumstances, we will endeavour to send the order consisting of the product(s) listed in each Shipment Confirmation prior to the date indicated in the Shipment Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the customization of products, the occurrence of unforeseen circumstances or the delivery zone.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will 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. Keep in mind in any case that we do not make home deliveries on Saturdays or Sundays or bank holidays
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 acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
11. INABILITY TO DELIVER
If it is impossible for us to delivery your order, your order will be returned to our warehouse, unless agreed otherwise (e.g. you explicitly direct us to leave the delivery in a safe place). We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organise delivery on another day.
If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including delivery charge (except for any additional costs resulting from your choice of any delivery method other than the least expensive ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which we deem this Contract to have been terminated.
Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on you.
12. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The product risks shall be your responsibility from the moment of delivery as defined in clause 10 above.
You will take ownership of the products when we receive full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery (as defined in clause 10 above), if that were to take place at a later time.
13. 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 web page are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you and approach you as soon as possible, explain the error, present you with the correct price and provide you with an option to confirm or cancelling your order. If we are unable to contact you, we will not process the order but the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
You should inform us if you detect that there are any incorrect lower price (even when we have sent the Shipment 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 fees, which are added to the total price as indicated in our Shopping Guide - Delivery Fees.
Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.
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 may use, as payment method, the cards Visa, Mastercard, American Express and PayPal.
To minimise the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we will make a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
If your payment method is PayPal, the charge will be made when we confirm your order.
When you click "Authorise payment", you are confirming that the credit card is yours.
Credit cards are subject to verification and authorisation by the card issuing entity, but 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 formalise any Contract with you.
14. BUYING GOODS AS A GUEST
The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continue as a non-registered user.
15. VALUE ADDED TAX AND INVOICING
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT).
In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
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 would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure.
You expressly authorise us to issue the invoice in electronic format. However, you may freely indicate us at any time, you want to receive a paper copy of your invoice, in which case we will issue and send you the invoice on paper.
16. RETURN POLICY
16.1 Legal 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 acquire, or a third party other than the carrier and indicated by you acquires, 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 acquire, or a third party other than the carrier indicated and by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you may notify at PULL&BEAR S, trgovsko podjetje, d.o.o.operating under the commercial name PULL&BEAR, at the address Ameriška ulica 8, 1000 Ljubljana, Slovenija, at the telephone number 080081810, by writing an email at firstname.lastname@example.org or by writing to our contact form available on our website, of your decision to withdraw from this Contract by an unequivocal statement (example.g., a letter sent by post or email). You may use the model withdrawal form as set out in Annex, but it is not obligatory.
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 withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. 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 fees 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, or until you notify us that you shall return the goods by Courier and you afterwards also give the goods to the Courier, whichever is the earliest.
You shall send back or deliver the goods or hand them over to us at any PULL&BEAR store in Slovenia or return them by Courier arranged by us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired and/or if you return the goods to the PULL&BEAR store in Slovenia within 14 days and/or if you notify us within 14 days that you will return the goods by Courier and you afterwards also give the goods to the Courier.
Unless you return the goods by Courier arranged by us or you hand the goods over in a PULL&BEAR store in Slovenia, 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.
16.2 Contractual right of withdrawal
Notwithstanding and without any effects to the legally recognized right to cancel for consumers and users, mentioned in clause 16.1 above, we grant you a period of 30 days from the delivery of the products to return the products (except those mentioned in clause 16.3 below, for which the right to cancel is excluded).
In case you return the goods within the contractual term of the right of withdrawal, but once the statutory period has expired, you will be reimbursed, only, with the amount paid for said products (except those amounts mentioned in clause 16.3. which we are not liable to reimburse you), which means that the delivery costs will not be reimbursed. In such case, you will be responsible for the direct costs of returning the product unless you hand the goods over in a PULL&BEAR store in Slovenia or you return the goods by Courier arranged by us.
You may exercise your right of withdrawal in accordance with the provision of clause 16.1 above, however should you inform us about your intention of withdrawing from the Contract after the legal term for withdrawal, you shall, in any case, hand the goods over to us within the 30 day term as from the delivery of the products.
16.3 Common provisions
You shall not have the right to cancel the Contract when it is for the delivery of any of the following Products:
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them. We are not liable to reimburse that value of the product which has been diminished due to your handling with the product exceeding that what is necessary to establish the nature, characteristics and functioning of the goods (e.g. if the product has been used more than just opening it, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) 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 ticket or invoice which you will have received when the product was delivered. You will find a summary on exercising this cancellation right when you receive the order.
Upon cancellation, the respective products shall be returned as follows:
You may return any product at any PULL&BEAR store in the market where your product was delivered which has the same section to which the goods you wish to return belong to. In such case, you should go to such store and present with the good a fully completed ticket included with the delivery of the product.
When returning the product(s) by Courier arranged by us, you should contact us through our web form or by telephone at 080081810 to arrange for the product to be collected at your home. You should send the product in the same package received by following the directions on the "RETURNS" section of this website. If you have bought any goods as a guest, you may request returns by Courier by phone, dialing 080081810
Neither of the two options above will entail any additional cost to you.
If you do not want to return the products using the free option available, you will be responsible for the return costs. Please note that if you decide to return us the items "cash on delivery" (i.e. payment after delivery), you are also responsible for the return costs and we will be authorised to charge you for any return costs we might incur.
After examining the article, we will inform you if you do not have the right to full reimbursement of the amounts paid. To the extent you are entitled to, delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory 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. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until 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 assume the cost and risk of returning the products to us, if you have not chosen one of the free return options as indicated above.
If you have any questions, you can contact us on our contact form available on our website or by calling 080081810.
16.4 Returns of defective products
In the cases in which you consider that at the moment of delivery the product is not as stipulated in the Contract, you must contact us, if you wish to exercise any of your statutory rights, within the statutory provided period for exercise of such right, either on our contact form, providing the product details and the damage sustained, or calling us on 080081810, where we will indicate what you need to do.
You can return the product at any of our PULL&BEAR stores in Slovenia or by delivering it to a Courier who we will send to your home. You must return the product together with the ticket or invoice that you have received with the product when it is delivered.
We will carefully examine the returned product and will you inform you accordingly within a statutory provided period.
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. We shall bear the costs to the extent provided by the applicable law and we retain our right to decline payment of costs which evidently have not been necessary or required for exercising of the consumer rights. The refund shall be paid by the same payment means you used to pay from the purchase.
All rights recognised in current legislation shall be, in any case, safeguarded.
As a trader, we shall deliver the goods to you in line with the contract and are liable for defects on the products sold via this website, in the legally established terms (i.e. the Slovenian Consumer Protection Act) for each type of product, and thus will respond to a lack of conformity of said products, which becomes apparent within two years of the delivery and/or handing over of the product. However, we remind you that sufficient evidence of the product's lack of conformity with the contracted product must be provided if apparent after six months from the delivery of the product.
It is considered that the defect on the product existed at the time of delivery or handing over only if it appears within six months of the delivery or handing over. You may claim your rights from a material defect if you inform us about the defect within two months as of the day you discovered the defect. Please describe the defect in detail in your notice of defect and, if necessary, enable us to review the product. We will reply to your notice of defect within 8 (eight) days (including whether the notified defect on the product is disputable or not) and, in case that the material defect on the product is not disputable, resolve your claim.
A defect shall be deemed material if (i) the item does not have the attributes necessary for the customary use or marketing of the item, (ii) the item does not have the attributes necessary for the special use for which the buyer bought it, and this was or should have been known to the seller, (iii) the item does not have the attributes and features that were expressly or tacitly agreed upon or prescribed, (iv) the item delivered does not match the sample or model, unless the sample or model was only shown for information purposes. The suitability of the product for customary use is assessed by comparison to the ordinary products of the same type and taking into account any of our statements relating to the characteristics of the product, which we have given in particular through advertising, presentation of the product or indications on the product itself.
If you duly inform us about the defect, provided that your claim is grounded, you have the right to request that: we correct the defect on the goods or return the part of the amount paid in proportion to the defect or replace the defective goods with new impeccable goods or return the amount paid. In any case, you also have the right to claim damages (e.g. reimbursement of costs of material, spare parts, work, transfer and transport of products). Your rights are extinguished with the expiration of two years from the date on which you informed us of the material defect.
The products will be understood to comply with the contract if (i) they match our description and have the characteristics we presented on this website, (ii) they are suitable for the normal uses of products of the same type, and (iii) they offer the normal quality and features it would be reasonable to expect of a product of the same type. In this respect, if any of the products do not conform with the contract, you should make us aware of this by following the process detailed in aforementioned section 16.4 and through any of the communication means destined for this purpose.
The products we sell, especially handmade products, often present the characteristics of the natural materials used to make them. These characteristics, such as variations in streaks, textures in the knitting and in the colour are not considered defects or faults. Rather, these variations should be expected and appreciated. We only select products of a superior quality, but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
18. LIABILITY AND WAIVING LIABILITY
Unless otherwise indicated expressly in these Conditions and to the extent legally allowed, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
i. In case of death or personal harm caused by our negligence;
ii. In case of fraud or fraudulent deceit; or
iii. In any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability (e.g. if damage is caused intentionally or by gross negligence).
Notwithstanding the paragraph above, and to the extent legally allowed, we shall not accept any liability for the following losses, regardless of their origin:
i. loss of income or sales.
ii. loss of business.
iii. loss of profits or contracts.
iv. loss of forecast savings.
v. loss of data.
vi. loss of business or management time.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to cancel the Contract.
19. INTELLECTUAL AND INDUSTRIAL PROPERTY
You recognise and agree that all copyrights, registered trademarks and other intellectual and industrial property rights to the materials or contents provided as part of the website belong to us at all times or to those who grant us license for their use. You may use said material only to the extent that we or the usage licensers authorise it expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or Contact details.
20. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must 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 shall not attempt to make unauthorised access to this website, the server on which the site is housed or any server, computer or database related to our website. You agree not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this clause shall be considered an infraction 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, in the event of failure to comply with this clause, authorisation to use this website shall be suspended immediately.
Save for the liability which is mandatorily imposed upon us under the applicable law, we shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
21. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Therefore, we shall not accept any liability for any damage or harm deriving from their use.
22. WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notification that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by e-mail or, if appropriate, we will provide you information by posting alerts 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. Hereby, any electronic communication shall have the same legal validity and effect as communication in paper form (e.g. hard-copy communication). This condition will not affect your rights as recognised by law.
By providing us with your e-mail address you agree that you have an unlimited and unrestricted access to your e-mail address. Unless otherwise stated in our e-mail communication, there is no requirement for you to confirm receipt of our notifications sent to e-mail address which you have provided to us. It shall be deemed that our communication has been delivered to you if and once we have sent it to your e-mail address.
The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in clause 22 above, and unless otherwise stipulated, we may send you notifications either by e-mail or to the postal address you provided us when placing an order.
It shall be understood that the notifications have been received and have been carried out correctly as soon as they are posted on our website, 24 hours after they have been sent by e-mail, or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, 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 to a mail box, and in the case of an email, that the notification was sent to the email address specified by the recipient.
24. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding both for you and for us, as well as for our respective successors, transferees and heirs.
You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract to another company within the Inditex Group including, but not limited to, its subsidiaries in Slovenia. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.
25. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
i. Strike, lockout or other forms of protest.
ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
iv. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
v. Inability to use public or private telecommunication systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
26. WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.
27. PARTIAL ANNULMENT
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
28. ENTIRE AGREEMENT
These Conditions and any document referenced in the same constitute the entire agreement between you and us as regards the purpose of the same, replacing any previous pact, agreement or promise made between you and us verbally or in writing.
You and ourselves acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither you nor ourselves shall rely upon any unbinding statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was said statement was untrue and has, thus, mislead you into buying something you otherwise would not) and shall not take any action in this respect save for that damages caused, after the conclusion of contract between us, due to breach of contract in accordance with the provisions of these Conditions. This, however, does not in any case represent a waiver of statutory rights which may not be subject to an agreement.
29. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
You are subject to the 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 policies, Terms or Privacy Statement, in which case the possible changes will also affect orders made previously by you.
30. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by Slovenian legislation.
To the extent that under the applicable law the dispute is not subject to exclusive jurisdiction, any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Slovenian courts.
If you are entering into the contract as a consumer, nothing in this clause shall affect the statutory rights you have, as recognised in any applicable legislation in effect.
31. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions are always welcome. We ask that you send any comments and suggestions, as well as any queries, complaints or claims, via our contact form, by telephone or to the postal address or email address indicated in clause 2 of these Conditions.
Complaints and claims sent to our customer services will be handled as soon as possible and within the legally determined period.
If you as a buyer consider your rights have been breached, you can address your complaints to us via the email email@example.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 and/or the Slovenian Out-of-Court Resolution of Consumer Disputes Act, 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/ . Unless otherwise provided by the applicable law, our participation in an out-of-court consumer dispute resolution is on a voluntary basis and we are not obliged to participate in it. We hereby inform you that in Slovenia we have not (yet) acknowledge any of the individual ADR entities as competent to resolve consumer disputes which a consumer can initiate in line with the Slovenian Out-of-Court Resolution of Consumer Disputes Act.
Last updated on [include date]
Model withdrawal form
(complete and return this form only if you wish to withdrawal from the contract)
To PULL&BEAR S, trgovsko podjetje, d.o.o., operating under the trading name PULL&BEAR, at Ameriška ulica 8, 1000 Ljubljana, Slovenija; email firstname.lastname@example.org and telephone number 080081810
I hereby give notice that I withdraw from my contract of sale of the following goods:
Ordered on/received on (*)
Name of consumer
Address of consumer
Signature of consumer (only if this form is notified on paper)
(*) Delete as appropriate