This document (together with the documents mentioned herein) establishes the conditions that govern the use of this website (www.bershka.com) and the purchase of products on it (hereinafter referred to as the "Conditions").
These Conditions may be modified. It is your responsibility to read them periodically, as the current Conditions at the time of formalisation of the relevant Contract (as defined below) or of use of this website shall be those that apply.
If you have any queries regarding the Conditions or the Data Protection Policies you may contact us by using the contact form.
The Contract (as defined below) may be executed, at your option, in any of the languages in which the Conditions are available on this website.
The sale of goods through this website is carried out under the name BERSHKA and operated by BERSHKA NEDERLAND B.V., a Dutch company with limited liability with registered address at Nieuwzijds Voorburgwal 305, in Amsterdam, the Netherlands, registered at the Chamber of Commerce with number 34182123 with Dutch VAT Number NL823721723B01.
The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.
When you use this website and place orders through it, you agree to:
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.
The products offered on this website are available for delivery in the Netherlands only.
The information contained in these Conditions and the details contained on this website do not constitute an offer of sale, rather an invitation to enter into negotiations. There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount of the same shall be reimbursed in full.
To place an order, you must follow the online purchasing procedure and click the button "Order and Pay". After doing so, you will receive an e-mail confirming receipt of your order (the "Order Confirmation"). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our approval, which you will be informed of via an e-mail in which we will confirm that the order is being sent (the "Delivery Confirmation"). An electronic ticket with your order details shall be attached to the Delivery Confirmation (the “E-ticket”). The contract between us to buy a product (the "Contract") shall be formalised only when we send you the Delivery Confirmation.
Only the products listed in the Delivery Confirmation shall be subject to the Contract. We are not obliged to provide you with any other product that has not been ordered until we confirm that these have been sent in a Delivery Confirmation.
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 reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
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. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website for removing or modifying any material or content from the website, or not processing an order once we have sent the Order Confirmation.
Notwithstanding clause 7 above regarding product availability and save for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery 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 due to 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.
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 products, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
INABILITY TO DELIVER
If it is impossible for us to delivery your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. 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 upon lapse of 14 day from the first attempt to deliver the products, the products have not been delivered, on grounds 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 ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 day of the date on which this Contract has 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.
The product risks shall be your responsibility from the moment of delivery.
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 8 above), if that were to take place at a later time.
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 as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
The prices on the website include VAT, but exclude delivery 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 products 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 any of the payment methods that are indicated on the website. You may also pay all or part of the price of your purchase with a voucher if indicated on the website. However, if you place an order through any of the electronic devices available at certain BERSHKA stores, you may also be able, in some of them, to pay the price of such order by any of the means of payment available at such stores. In addition, you can pay the price of your order by means of cash on delivery, being able to use as means of payment those that are admitted in BERSHKA’s pickup stores in the Netherlands.
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 credit card will be made at the moment your order leaves our warehouse, except for such orders placed through the electronic devices available at certain BERSHKA stores, in which case the amounts will be charged at the same time of the use of any of the means of payment available at such stores.
If your payment method is PayPal, the charge will be made when we confirm your order. If, instead, the method used is the cash on delivery, the amounts will be charged at the same time of the use of any of the means of payment available in those stores.
When you click the button "Order and Pay ", 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 card issuing 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.
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 View Basket 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 information" option. This will result in the following card information being saved: card number, card holder name exactly as it appears on the card and card expiry date.
By agreeing to use Express Checkout, you authorize that purchases paid through 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.
To use Express Checkout, you only have to click on the "Express Checkout" button that appears in the Shopping Basket. A screen will immediately appear with the shipping, billing and payment information for your purchase. The information available on this screen cannot be edited, so if there is incorrect information doesn’t complete the purchase. To make purchases using different details please do not use the Express Checkout service.
You may change your Favorite Card linked to Express Checkout in the My Account section of this webpage.
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT), except for those to be supplied directly to customers the Canary Islands, Ceuta and Melilla.
In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 2. 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.
As regards orders to be supplied in the Canary Islands and Ceuta and Melilla, they would be VAT exempt as provided under article 146 of the above referred Directive, subject to the application of the relevant taxes and custom duties pursuant to the prevailing rules and regulations.
Statutory 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 products or in case of multiple products 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 product.
To exercise the right of withdrawal, you may notify us at BERSHKA, at the address Nieuwezijds Voorburgwal 305, 1012 RM in Amsterdam, the Netherlands, at the telephone number 0800-023 42 74 by writing an email to [firstname.lastname@example.org] or by using our contact form, of your decision to withdraw from this Contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the model withdrawal form as set out in the Annex to these Conditions, 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 products back or you have supplied evidence of having sent back the products, whichever is the earliest.
You shall deliver the products or hand them over to us at any BERSHKA store in the Netherlands, drop off the item at any of the authorized delivery points using a returns-paid label that we send to you upon your request or send them back to [Bershka, Nieuwezijds Voorburgwal 305, 1012 RM in Amsterdam, the Netherlands] without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the Contract to us. This obligation will be considered as having been fulfilled if the goods are returned within this 14-day period.
You shall bear the direct costs of returning the products, unless you hand the goods over in a BERSHKA store in the Netherlands or drop them off at any of the authorized delivery points.
You are only liable for any diminished value of the products resulting from the handing other than what is necessary to establish the nature, characteristics and functioning of the products.
Contractual right of withdrawal
In addition to the legally recognized right to cancel for consumers mentioned in clause 13.1 above, we grant you a period of 30 days from the date the products are dispatched to return the products (except those mentioned in clause 13.3 below, for which the statutory right to cancel is excluded). In case you return the products within the contractual term of the right of withdrawal, but once the statutory period of 14 days from the date of delivery has expired, you will be reimbursed, only, with the amount paid for said products excluding the delivery costs. You will be responsible for the direct costs of returning the product, unless you hand the products over in a BERSHKA store in the Netherlands or dropped them off at one of the authorized delivery points.
You may exercise your contractual right of withdrawal in accordance with the provision of clause 13.1 above, however, should you inform us about your intention of withdrawing from the Contract. You will be reimbursed by the same means of payment to the extent technically possible.
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. No reimbursement will be made if the product has been used more than just inspecting it in such a way it could have been done in a physical store, 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 E-ticket. 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:
Returns at any BERSHKA store:
You may return any product at any BERSHKA store in the country 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 E-ticket included with the delivery of the product. This return option will not entail any additional cost to you.
If you do not want to return the products using the free options available, you will be responsible for the delivery costs. Please note that if you decide to return us the items “cash on delivery”, we will be authorised to charge you for any costs we may incur.
After examining the product, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery costs will be reimbursed when the right of withdrawal is exercised within the statutory period and all the products in which the relevant parcel consists of are returned. The refund will be paid as soon as possible and, in all cases, within 14 day 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 products back, or until you have supplied evidence of having sent back the products, 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 or by calling 0800-023 42 74.
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 immediately on our contact form, providing the product details and the damage sustained, or calling us on 0800-023 42 74 where we will indicate what you need to do.
You can return the product at any of our BERSHKA stores in the Netherlands or by dropping off the item at any of the authorized delivery points. You must return the product together with the E-ticket that you will receive with the product when it is delivered.
We will carefully examine the returned product and will notify you by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the product shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming the that refund or replacement of the product is going ahead.
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 product. 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.
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase paid for said product.
Notwithstanding the above, our liability shall not be waived nor be limited in the following cases:
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
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.
All product descriptions, information and materials shown on this website are provided "as is", with no express or implied guarantees on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver products that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the products are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which products of the kind are normally used and (iii) show the quality and performance which are normal in products of the same type and can which can reasonably be expected.
To the extent permitted by law, we exclude all guarantees, except those that may not be excluded legitimately in favour of consumers and users.
The products that we sell, especially artisan products, often have the characteristics of the natural materials used in manufacturing them. These characteristics, such as variations in grain, texture, knots and colour, may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to cancel the Contract.
You recognise and agree that all copyrights, registered trademarks and other intellectual 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.
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.
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.
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.
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 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. This condition will not affect your rights as recognised by law.
The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in clause 18 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, 2 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.
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 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.
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:
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.
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.
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.
These Conditions and any document referenced in the same constitute the entire Contract 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 take any action regarding any untrue statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently) and the only action that may be taken by the other party shall be due to breach of contract in accordance with the provisions of these Conditions.
We have the right to review and modify these Conditions at any time.
The use of our website and the product purchase contracts through said website shall be governed by Dutch legislation.
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 Dutch courts.
If you are entering into the Contract as a consumer, nothing in this clause shall affect the rights you have, as recognised in any applicable legislation in effect.
Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.
If you as a buyer consider your rights have been breached, you can address your complaints to us via the email address 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, 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 addresshttp://ec.europa.eu/consumers/odr/
A cookie is a small text file that a website places in your PC, telephone or any other device, with information on your navigation in that website. The cookies are necessary to facilitate navigation and to make it friendlier and they do not damage your computer. Although in this policy the general term cookies is used since it is the principal method of storing information that this website uses, the browser's "local storage" space is used for the same purposes as the cookies. In this regard, all the information included in this section is also applicable to this "local storage".
The cookies are an essential part of how our website functions. The principal objectives of our cookies are to improve your navigational experience. For example, the cookies help us to identify you (if you are registered in our website), to remember your preferences (language, market, etc.) during the navigation and in future visits, to manage the shopping cart, to allow you to carry out on-line purchases, etc. The information collected in the cookies also allows us to improve the website, by means of estimates on the numbers and patterns of use, the adaptation of the website to the users' individual interests, the improved speed of the searches, etc
We do not store sensitive information of personal identification such as your address, password, credit card data, etc., in the cookies that we use. Neither do we use the cookies to guide advertising to our users according to your navigation nor for other advertising aims, not ours or of third parties.
The information stored in the cookies of our website is used exclusively by us, with the exception of that of Google Analytics, which are used and managed by Google and by us for statistical aims, and the Payment Operation Analysis cookie, which is generated exclusively when a purchase is made, and it is analyzed by an external company with the objective of offering sufficient guarantees on the payment operations performed.
Yes, the cookies can be deactivated. However, if you select this configuration, you might not be able to access certain parts of our website, it may cause less efficient navigation and you cannot take advantage of some of our services. If you prefer to restrict, block or erase the cookies from this website, you can do so by modifying your browser's configuration. Although the parameterization of each browser is different, the configuration of the cookies is usually done in the "Preferences" or "Tools" menu. For more details on the configuration of the cookies in your browser, consult its "Help" menu.
Below is a table with the cookies used by this website along with the purpose of each of them.
These cookies are used to identify the user during the session, avoiding the user having to repeat authentication processes in the website and accelerating some processes of the website.
|TITLE OF THE COOKIES||TECHNICAL NAME OF THE COOKIES||PURPOSE|
|User identification||WC_AUTHENTICATION_userid, WC_USERACTIVITY_userid||They are used to identify and authenticate the user. They also contain technical data of the user's session, such as, for example, connection timeout, session identifier, etc.|
|HTTP Session||JSESSIONID||It identifies the http session of the user. It is common in all the web applications to identify a user's petitions in a session.|
These cookies serve for the user's navigation during the session, remembering the selections made, the pages of our website already visited, etc.
|TITLE OF THE COOKIES||TECHNICAL NAME OF THE COOKIES||PURPOSE|
|User selections||WC_GENERIC_ACTIVITYDATA, WC_PERSISTENT||They store the session values selected by the user such as the store, language, currency, etc. With WC_PERSISTENT various sets of identifiers can exist if the user visits more than one store (market).|
|Selected store||WC_ACTIVEPOINTER||It permits remembering the selected store (market) by the user during navigation and purchase.|
|Last catalog||WC_ItxCatalogId||It allows remembering the last catalog seen by the user.|
|Shopping cart||WC_ITX_PENDINGDATA, "Local Storage"||They store information on the shopping cart during the purchase process: the date and time in which the cookie was processed for the last time, the identifier of the store, and a list of identifiers of articles and amounts that the user wants to add to the shopping cart for purchase or the wish list.|
|Session start||WC_SESSION_ESTABLISHED||It allows identifying the start of the session for the loading of the web page.|
|Cache||ItxActivity||It is used to notify changes in the web page and to keep it updated.|
|Visualisation of the promotional banner||WC_Bershka_ViewPromo||Indicates if it is the first time the user has viewed the promotion advertisement banner or if they have seen it before.|
|Closing the promotional banner||WC_Bershka_ClosePromo||Indicates whether the user has closed the promotion advertisement banner during the current session.|
|Closing the promotional banner image||WC_Bershka_CloseImagePromo||Indicates that the user has closed the the second promotion banner during the current session (the banner has a closing button, if the user closes it that button won't show during this session)|
The cookies allows remembering certain user selections in the following accesses to the web page.
|TITLE OF THE COOKIES||TECHNICAL NAME OF THE COOKIES||PURPOSE|
|Favorite stores||WC_Bershka_Shops||It allows the favorite stores of the user in subsequent accesses to the web page.|
|Last store||WC_BershkaStore||It allows the last store (market) visited by the user in subsequent accesses to the web page.|
|Last products||WC_Bershka_RecentlyViewed||This cookie permits remembering the last products seen by the user for subsequent accesses to the web page.|
These cookies obtain generic information on the user's accesses to the website (not to its content) in order to provide us subsequently with aggregated information of these accesses for statistical purposes.
|TITLE OF THE COOKIES||TECHNICAL NAME OF THE COOKIES||PURPOSE|
|Origin||WC_GASource||It is used to know the origin of a user upon reaching a page of this website, for example, if it comes from a page of product detail from a product grid, from the search engine or from an external website.|
|Google Analytics (third-party cookie)||__utma, __utmb, __utmc, __utmz||They allow monitoring the website by means of the Google Analytics tool, which is a service provided by Google for obtaining information of the accesses of the users to the websites. Some of the data saved for subsequent analyses are: number of times a user visits the website, dates of the first and last visit of the user, duration of the visits, from what page the user accessed the website, what search engine the user used to reach the website or what link he clicked on, from what place of the world the user accesses, etc. The configuration of these cookies is predetermined by the service offered by Google, for which reason we suggest that you consult the privacy page of Google Analytics, http://www.google.com/intl/es/analytics/privacyoverview.html, to obtain further information on the cookies that it uses and how to disable them (in the understanding that we are not responsible for the content or the veracity of the third-party websites).|
|Optimizely||optimizelyEndUserId||Contains the end user's unique identifier. It is a combination of a timestamp and random number. No information about you or your customer is stored in it. Expiration: 10 years.|
|Optimizely||optimizelyBuckets||Stores the experiments and variations that a user has been bucketed into. This ensures the user consistently sees the same variation, even over multiple sessions. Expiration: 10 years.|
|Optimizely||optimizelySegments||Stores the user's audience and dimension information. Expiration: 10 years.|
|Optimizely||optimizelyRedirect||In the case of a redirect experiment, stores the user's original referring URL. This helps both detect a redirect loop. Expiration: 5 seconds.|
|Optimizely||optimizelyPendingLogEvents||Used as a cache of a user's actions between tracking calls. When the tracking call is made the cookie will be wiped. This is to ensure that all events are tracked even if the user is committing actions in rapid succession. Expiration: 15 seconds.|
|CrazyEgg (third-party cookies)||is_returning||CrazyEgg sets one cookie in order to track whether a visitor is new or returning. Expiration: 5 years.|
These cookies allow compiling information on the device from which the purchase is made in this website for the purpose of verifying that these operations offer sufficient guarantees for the clients. At no time do these cookies include sensitive information such as credit card data.
|TITLE OF THE COOKIES||TECHNICAL NAME OF THE COOKIES||PURPOSE|
|Purchase device (third-party cookie)||thx_guid||It allows identifying solely the device (PC, telephone, etc.) from which the purchases are made in this website for its subsequent analysis with the purpose of being able to offer our clients sufficient guarantees in the purchase operations. The information contained in this cookie is collected by an external company in order to conduct these analyses.|
NOTE: In the above table the information that is not stored exactly in a cookie but rather in the browser space called "local storage", but whose processing and purpose is similar to that of a cookie is identified as "local storage".
This list will be updated with the greatest speed possible as the website services change that are offered on this website. However, occasionally during this updating it could occur that the list no longer includes a cookie, although it always deals with cookies with identical aims as those that are recorded in this list.
1. Every time You use this website You will be bound by the then current Privacy Statement and You should review this text every time You use the website to be sure that You agree with it.
2. Personal data You provide will be process and stored in a file under the responsibility of Bershka Nederland B.V. ("Bershka") for the purposes of:
i. the performance and enforcement of the purchase and sale contract over the products You have purchase, or of any other contract between You and us;
ii. attending to Your requests, and;
iii. providing You with information about the products of Bershka or of any other companies that belong to the Inditex Group (whose objects are related to the e-commerce, decoration, textile, finished fashion and homeware products sectors, and to any other objects supplemental to the above, including cosmetics and leather goods), including, as regards the above referred products, sending commercial communications by e-mail or by any other equivalent electronic communication means (such as SMS). You can change your preference in respect of receiving such communications by logging into the MY ACCOUNT section of this website and editing your preferences. You can unsubscribe at the Newsletter section.
iv. In the event that You facilitate us personal data of a third party You shall be responsible of informing about the use of such data and obtaining the relevant express consent. In the event that You have purchased a product or a gift card, then the personal data of the third party provided by You shall be used for the following purposes: (a) managing of the delivery and/or verification of correct receipt of the corresponding product and;(b) attend any query or suggestion you may formulate in respect of said product.
3. Bershka Nederland B.V., with registered address at Nieuwezijds Voorburgwal 305, 1012RM in Amsterdam, The Netherlands, being data controller of the file, undertakes to keep your personal information confidential and to ensure the exercise of your access, rectification, erasure and objection rights by sending a letter to the above mentioned address or by e-mail to firstname.lastname@example.org to the attention of "Data Protection Department".
4. To achieve the purposes indicated in section 2 above, we may need to disclose or transfer the information that you have provided to us to the holding company of the Inditex group (Industria de Diseño Textil, S.A.) and to certain other companies that are part of the Inditex group in Spain (with activities related to the sectors of e-commerce, decoration, textiles, finished clothing products and home decoration, as well as other complimentary sectors such as cosmetics and leather goods). You are hereby informed that by registering and providing us with information via this website, you are expressly giving us your authorization to disclose and/or transfer such data to the aforementioned companies of the Inditex group.
5. The user (You) hereby guarantees that the personal data provided is true and accurate and undertakes to notify any change or alteration to the same. Any loss or damage caused to the website or to the person responsible for the web-site or to any third person through the provision of erroneous, inexact or incomplete information on the registration forms will be the exclusive responsibility of the User.
6. Use of social network login services (Facebook) by the user.
If you decide to interact via a social network, such as Facebook (for example, logging in or using the social plugins available on our Platform), this may lead to you providing certain information regarding your activity on said social network. We recommend that you review your privacy settings and read the social networks' personal data policies to obtain detailed information regarding the collection and transfer of information, your rights, and how to maintain privacy settings that are appropriate to your needs.