PULL&BEAR TERMS & CONDITIONS
Welcome to the PULL&BEAR.COM website and co-branded versions of the website located at URLs that resolve to the domain name PULL&BEAR.COM (the "Website" or "Site").
As you have no doubt experienced with virtually all websites, your use of this Site, as well as the use of any PULL&BEAR -branded mobile application on your smartphone or handheld device ("Mobile App"), is subject to certain terms and conditions of use ( collectively "Terms") set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor PULL&BEAR shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO AJURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS ACOURT ACTION. DO NOT USE THE SITE OR MOBILE APP, ANY OF THE SERVICES PROVIDED ON THE SITE OR MOBILE APP, OR PLACE AN ORDER FROM THE SITE OR MOBILE APP IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
USE OF OUR WEBSITE AND/OR MOBILE APP
You agree that:
1. You may only use the Website and/or Mobile App to make legitimate inquiries or orders.
2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
4. If you do not give us all of the information that we need, we may not be able to complete your order.
5. You will not attempt to interfere or interfere in any way with the Site's network, the Mobile App's network, or our networks, or related network security, or attempt to use the Site's or Mobile App's service to gain unauthorized access to any other computer system.
6. You will not use the Site or Mobile App to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity. 7. You will not use the Site or Mobile App to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.
8. By placing an order through the Website or Mobile App, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
Products offered through the Website and/or the Mobile App are only available for delivery to the forty eight contiguous states (48) states and District of Columbia. At this time we are unable to deliver to APO addresses, Puerto Rico and US territories, as well as freight companies.
HOW PURCHASE CONTRACTS ARE FORMED
No contract ("Contract") in respect of the purchase of a product offered on the Site or Mobile App shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the "Finalize Order" button to submit the order.
After this, you will receive an email from us acknowledging that
we have received your order (the "Order Confirmation"). 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 email that confirms that the product has been dispatched (the "Shipment Confirmation"). We will not be bound 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 Shipment Confirmation. Notwithstanding the foregoing, your card or other method of payment will not be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon order.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.
REFUSAL OF ORDER
We reserve the right to withdraw any product from the Website or Mobile App at any time and/or remove or edit any materials or content on the Website or Mobile App. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from the Website or Mobile App, whether it has been sold or not, removing or editing any materials or contents on the Website or Mobile App or for refusing to process or accept an order after we have sent you the Order Confirmation.
REFUNDS AND RETURNS
Except as set forth below, we agree to refund any product you are not completely happy with when you return it to us within thirty (30) days of the date of the delivery of the products, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation or Shipment Confirmation, in accordance with the terms set forth herein. You shall receive a refund of the price paid for the products (except shipping costs) in accordance with our Returns and Exchange Policy (see below Clause 13). Refunds will be credited to your original method of payment (if the original method of payment is not available, we will issue you merchandise credit).
Your right to a refund only applies to product(s) that are returned in new, unworn, unwashed, and unaltered merchandise with all internal garment tags intact. Any product that does not meet these conditions will not be eligible for a refund. Therefore, we ask that you take reasonable care of the product(s) while they are in your possession and, when possible, retain the original boxes for any return of the product(s).
Undergarments & swimwear are returnable or exchangeable, as long as they remain in the original packaging and the hygiene sticker remains attached. Accessories and perfumes must be in their original condition and original packaging.
Monogrammed or customized products are not returnable or exchangeable.
Subject to the provisions of Clause 6 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 business days of the date of the Shipment Confirmation. Delivery to Alaska and Hawaii may take up to 20 business days of the Shipment Confirmation.
Reasons for delay could include:
1. Customization of products;
2. Specialized products;
3. Unforeseen circumstances; or
4. Delivery area.
For signature required deliveries (which is generally determined by the carrier), we will after the initial delivery, make two (2) additional attempts to deliver your parcel before initiating a return. For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to "have been delivered" upon receipt of the product(s) at the designated delivery address. For all other packages, we will try to find a safe secure place to leave your parcel as determined by the carrier delivering the package. In the event of a repeated issue with any particular address provided for you, we reserve the right to request an alternate address in order to fulfill your next order.
UNABLE TO DELIVER
Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse as stated above. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery, where the package is safe from weather and is not visible to passersby. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package.
RISK AND TITLE
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Clause 9 above), whichever event occurs later in time.
PRICE AND PAYMENT
The price of the products shall be the one quoted from time to time on our Website or Mobile App, except where there is an error. While we take care to ensure that all prices quoted on our Website or Mobile App are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.
We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time.
Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law.
Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout. Payment for orders will be made to ITX USALLC. The amount of the purchase will not be charged to your card until your order has been shipped to the delivery address. By clicking on the "Finalize Order" button, you are confirming that the credit card is yours. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non- delivery.
If payment is made via PayPal or merchandise credit card issued by ITX USA, LLC., the amount will be charged upon confirmation of your order.
The express checkout feature (hereafter "Express Checkout") makes it easier for you to make purchases on this website as you do not have to enter shipping, billing and payment information for each purchase. Express Checkout is available in the “Shopping Bag” section.
To use Express Checkout you will have to save your card information. You may do so when making a payment with any of the cards accepted by this website by clicking the "Save my card details" option. This will result in the following card details being saved: card number, card holder name exactly as it appears on the card and card expiry date.
To save your card information and use Express Checkout, you will have to accept the applicable Conditions and the Privacy and Cookies Policy.
By agreeing to use Express Checkout, you authorize that purchases paid though the tool be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between you and the card issuer in all cases.
You may save card information in Express Checkout for as many cards as you like, to do so must make at least one payment with each of them. If you wish to save card information for more than one card, the card whose information was saved most recently will be considered your "Favorite Card", and will be charged for Express Checkout purchases by default. However, you may change your Favorite Card in
the My Account section of this webpage.
The provisions of this clause shall not apply if you buy goods as a guest.
If you wish to receive a refund within the period specified in Clause 8 above, you can make a return by dropping off the items at the Courier’s designated drop off locations closest to you, arranged by us within thirty (30) days of the date of the delivery of the products, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation, or Shipment Confirmation. Return costs will be deducted from the refunded price. You should send the product in the same package received by following the directions contained in the section regarding "RETURNS" within the Buying Guide posted to our Website. You have the possibility as well to return the product to us at the following address
1520 Van Buren Road Suite 200 Easton, PA 18045
However, you will be responsible for the cost of returning the product to us if you do not utilize the return option offered by us. Please note that if you return the goods to us at our expense, we will be entitled to charge you for the direct cost we might incur as a result. If you have any doubts you can contact us through our “Contact Us” webpage or at the telephone number 1-8772871682.
Please include with the product being returned all original boxes, instructions, documents, and wrappings. After reviewing the product, we will let you know whether or not you have a right to a
refund based on our Return and Exchange policy conditions. We will process your refund as soon as possible and in any case; within thirty (30) days of the date the returned goods have been received by us. We will refund any money received from you (except shipping costs) using the same method used to make payment if the card is available. If not, subject to any legal requirements, we will issue you merchandise credit.
We will only accept returns and exchanges for product that is new, unworn, unwashed, and unaltered merchandise with all internal garment tags intact.
RETURNS OF DEFECTIVE PRODUCTS
In circumstances where you consider that the product does not conform to your order, you should promptly contact us by telephone at 1- 8772871682, via chat or via email to firstname.lastname@example.org with details of the product and a description of the defect.
You may return the product to us by giving the products to the Courier arranged by us. Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via email within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within thirty (30) days of the date we confirmed to you via email that you are entitled to a refund or replacement for the non-conforming product.
If any defect exists, defective products will be refunded in full, including a refund of the delivery charges (if any) and any reasonable costs incurred by you in returning the product. We will always refund any money using the method used to make payment provided the same is available. If not we will issue merchandise credit.
LIABILITY AND DISCLAIMERS
We publish information on the Site and Mobile App as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site or Mobile App at any time without notice. The products described in the Site or Mobile App may not be available in your region. We do not claim that the information in the Site or Mobile App is appropriate to your jurisdiction or that the products described in the Site or Mobile App will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE OR MOBILE APP, WHICH IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIATHE SITE OR MOBILE APP, INCLUDING WITHOUT LIMITATION, ALL
CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE OR MOBILE APP, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR MOBILE APP, OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR MOBILE APP WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR MOBILE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR MOBILE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR MOBILE APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
We make no warranties of any kind regarding any non- PULL&BEAR sites or mobile apps to which you may be directed or hyperlinked from the Site or Mobile App. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- PULL&BEAR sites or mobile apps. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or Mobile App.
IN NO EVENT SHALL PULL&BEAR, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR MOBILE APP, OR THE
CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE OR MOBILE APP, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF PULL&BEAR OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS ARESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO ARESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PULL&BEAR’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Due to the open nature of the Website and/or Mobile App, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the Website or Mobile App.
The Site and Mobile App, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is PULL&BEAR property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site, the Mobile App, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site or Mobile App in whole or in part, for any public or commercial purpose without the specific prior written permission of PULL&BEAR. We grant you a personal, limited, non-exclusive, nontransferable license to access the Site and/or Mobile App and to use the information and services contained on the Site and/or Mobile App. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site or Mobile App and to terminate, change, suspend or discontinue any aspect of the Site or Mobile App, including, but not limited to, the Materials on the Site or Mobile App as well as features and/or hours of availability of the Site or Mobile App, and we will not be liable to you or to any third party for doing so. Subject to Clause 27, we may also impose rules for and limits on use of the Site or Mobile App or restrict your access to part, or all, of the Site or Mobile App without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
As between you and PULL&BEAR, (or any other company whose marks appear on the Site or Mobile App), PULL&BEAR (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site or Mobile App, and is the copyright owner or licensee of the Materials on the Site or Mobile App, unless otherwise indicated. The PULL&BEAR logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, " PULL&BEAR Intellectual Property") are owned by PULL&BEAR and may be registered in the United States and internationally. You agree not to display or use the PULL&BEAR Intellectual Property in any manner without PULL&BEAR 's prior permission. Nothing on the Site or Mobile App should be construed to grant any license or right to use any PULL&BEAR Intellectual Property without the prior written consent of PULL&BEAR.
Except as otherwise provided herein, use of the Site or Mobile App does not grant you a license to any Materials or features you may access on the Site or Mobile App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site or Mobile App is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by PULL&BEAR. If you make use of the Site or Mobile App, other than as provided herein, in doing so you may violate copyright and other laws of the United States, Ireland, and/or other markets, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site or Mobile App including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website or Mobile App to the extent necessary to make a copy of any order.
PULL&BEAR makes no claim that the Site or Mobile App may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain markets. If you access the Site or Mobile App from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.
COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe a work on the Site or Mobile App constitutes infringement of your copyright, trademark
or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:
1. evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;
2. a description of the copyrighted work or trademark that you claim has been infringed;
3. description of where the alleged infringing material is located on the Site or Mobile App, including the permalink where the material is located;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf; and
7. your physical or electronic signature.
PULL&BEAR 's Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at email@example.com.
You agree to indemnify and hold PULL&BEAR, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your (including your dependents’ or agents’) violation of these Terms or the posting or transmission of any materials on or through the Site or Mobile App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
When using our Site or Mobile App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website or Mobile App, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
REGISTRATION, PASSWORDS, AND SECURITY
To access some of our services you will have to complete an online registration form. You agree that all information which you submit ("Registration Information") is true and complete and that you will update your Registration Information to keep this information true and complete.
Upon registering, you will create a password. You are solely responsible for any use of or action taken under your password on the Site or Mobile App. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site, the Mobile App, and services on the Site or Mobile App in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release PULL&BEAR from any and all liability concerning such transactions or activity. You agree to notify PULL&BEAR immediately of any actual or suspected loss, theft or unauthorized use of your account or password. PULL&BEAR has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. PULL&BEAR will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
POSTED CONTENT AND SUBMISSIONS
As part of your use of the Site or Mobile App and services offered on the Site or Mobile App, you may upload, post, distribute or disseminate (collectively, "post") content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the "Posted Content") on the Site or Mobile App. You hereby grant PULL&BEAR a right (including any moral rights) and worldwide license to use the Posted Content on the Site or Mobile App and to promote and advertise the Site or Mobile App and PULL&BEAR in any way.
You also warrant that if you are not the holder of any such rights, the holder of such rights has
completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:
1. post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it;
2. post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;
3. post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
4. post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
5. post any chain letter or pyramid scheme; or
6. post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
PULL&BEAR does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. PULL&BEAR does not confirm that each user is who he or she claims to be. PULL&BEAR exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred PULL&BEAR is in no way liable for such misuse. Because PULL&BEAR is not involved in user-to- PULL&BEAR dealings and does not control the behavior of participants on the Site or Mobile App, in the event that you have a dispute with one or more users, you release PULL&BEAR from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. PULL&BEAR acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If PULL&BEAR becomes aware of any Posted Content that allegedly may not conform to these Terms, PULL&BEAR may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. PULL&BEAR has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. PULL&BEAR expects that you will use caution and common sense when using the Site and Services.
PULL&BEAR HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST PULL&BEAR
FOR SUCH REMOVAL AND/OR DELETION.
PULL&BEAR IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE OR MOBILE APP. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR MOBILE APP.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that PULL&BEAR has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site or Mobile App is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through the Site or Mobile App, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, PULL&BEAR by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by PULL&BEAR.
All notices given by you to us should be given to us preferably via the avenues of contact provided on our "Contact Us” webpage. Subject to and as otherwise specified in Clause 18 above, we may give notice to you via either the email, message, push notification (if consent has been provided) or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our Website or Mobile App, 24 hours after an email is sent, or three days after the date of posting of any letter mailed. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
BINDING NATURE; ASSIGNMENT
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). AForce Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
No failure of PULL&BEAR to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause on Notices (Clause 21) above.
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and amend these Terms at any time. Your use of the Site or Mobile App after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and PULL&BEAR policies in force at the time that you order products from us.
ADDITIONAL TERMS FOR USERS OF THE MOBILE APP PLATFORM
Users of the Apple Mobile App Platform. If you download and/or use our Site and/or apps using an iPhone or iPad: You, the end-user of Mobile App, acknowledge that these Terms are entered into by and between PULL&BEAR and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Mobile App and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Mobile App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).
End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the Mobile App is considered the “Licensed
Platform” as defined in the LAEULAand PULL&BEAR is considered the “Platform Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, the terms of these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Mobile App (including, without limitation, a third party claim that the Mobile App infringes that third party’s intellectual property rights) or your use or possession of the Mobile App, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Mobile App.
Mobile App Platform Updates We may make available for download certain Mobile App updates or upgrades to the Mobile App to update, enhance, or further develop the Mobile App (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Mobile App on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Platform Updates, unless such copy is authorized in writing by us.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Mobile App, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile App, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of PULL&BEAR and its licensors of the Mobile App and Platform Updates. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Mobile App and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
We may, at our discretion, automatically upload Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any costs associated with receiving them. The Mobile App and Platform Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Mobile App and Platform Updates. These laws include restrictions on destinations, end users, and end use.
Users of the Mobile App expressly consent to receive push notifications from and on behalf of PULL&BEAR.
You acknowledge and agree that your use of the Site and/or Mobile App may involve you providing an “electronic signature” indicating your desire to use the Site and/or Mobile App. Your “electronic signature” indicates your acceptance of these Terms, and your consent to receive communications about these Terms electronically. If you wish to receive communications in another manner, you may contact PULL&BEAR at “Contact US” www.pullandbear.com to change your communication preferences. You may not use or otherwise export or re-export the Mobile App except as authorized by United States law and the laws of the jurisdiction in which the Mobile App was obtained. In particular, but without limitation, the Mobile App may not be exported or re-exported (a) into any U.S. embargoed markets, or that has been designated by the U.S. Government as a “terrorist supporting market” or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Mobile App, you represent and warrant that you are not located in any such market or on any such list. You also agree that you will not use the Mobile App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
NOTICE FOR CALIFORNIARESIDENTS. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the services provided on the Site and/or Mobile App, please contact us at 1-855-336- 2909. You may also contact us by writing to ITX USALLC,. 500 Fifth Avenue, Suite 400, New York, NY 10110. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
QUESTIONS AND FEEDBACK
We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our "Contact Us” webpage.
Issued October 26th 2021