Terms & Conditions In-Store App

INTRODUCTION

These terms and conditions (the “Terms”) are applicable when you install and use the ARKET mobile application (the "App"). “You” means you as a user of the App. Unless otherwise stated in any additional terms, the App is provided by H&M Hennes & Mauritz GBC AB ("ARKET", "We", "Us") Reg. No. 556070-1715, Registered office Mäster Samuelsgatan 46 A, 106 38 Stockholm, Sweden. By using the App You agree to be bound by these Terms.

We reserve the right to make amendments to these Terms from time to time without prior notice. If You have signed up for an account and such amendments will materially affect Your use of the App negatively, we will send You a prior notification via email. If You do not agree to the amendments, You may stop using the App.

THE ARKET APP FEATURES & SERVICES

The App is free of charge. By using the App You confirm that You are at least 18 years of age, or 16 years of age and have the consent of Your parent(s), guardian or legal representative as applicable.

You can access some features of the App directly after installing the App. However, You will only be able to use the App to its full potential with all its features and get the best user experience if You sign up for an account. As a registered user You will receive personalised offers, promos, content or other good stuff from Weekday and its partners. 

The features within the App may change from time to time without prior notice to You. This might include stopping (permanently or temporarily) any features. Any such changes in the App are subject to these Terms.

When using the App, it's forbidden to engage in any illegal or otherwise harmful activity. Further, it is forbidden to circumvent, or attempt to circumvent, any restrictions on use of, or availability to, the services. It is also forbidden to assist others in engaging in such activity.

We will use data obtained from You signing up for an account and/or generated by You when using the App and its features. You can find information about how we will process Your personal data when registering and using the App in the Privacy Notice Privacy Notice.

When using the App, it is prohibited to engage in any illegal, harmful or inappropriate activity. Furthermore, you understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the App, or which impacts the security thereof, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the App or to copy content therefrom.

If You, in ARKETS’s sole discretion, are reasonably assumed to be in violation of these Terms, ARKET has the right to terminate your access to certain features within the App and/or Your account without any prior notice to You, and We reserve the right to refuse or terminate any new accounts You are found to possess or attempt to register in the future.

SIGNING UP FOR AN ACCOUNT

In order to sign up for an account, You need to provide Us with a valid email address and We only allow one (1) account per email address.

To keep Your registered account safe, make sure that You keep Your username and password confidential. You are responsible for all activity that is conducted on Your account within the App.

Your account will be active until it’s terminated, either by yourself or by ARKET. You may terminate Your account at any time, and for any reason, by clicking the wastebasket icon under the “Delete my data and account”-header in the “Manage account”-settings. If you haven’t been logged in for 3 years, ARKET will terminate Your account. If Your account is terminated, Your access to the signed-in features within the App will cease immediately. 

SCAN & PAY

The App enables You to scan and pay for items in your local ARKET shop via Your mobile phone (stores that offer scan and pay are listed in the App). Only persons of legal age, 18 years or older, who are not under guardianship, can purchase items via scan & pay.

Please note that a purchase You make via the App is a purchase made from the local store, and not H&M Hennes & Mauritz GBC AB that provides this App. Same purchasing conditions that applies for a regular purchase at the local store applies for a purchase in the store using the App. If you have any questions about returns, defects, or other, please contact the local store.

When you scan an item in the App it will automatically be added to Your virtual shopping basket. In order to purchase the item(s) in your virtual shopping basket, You need to proceed to the checkout feature and pay using Your selected payment option. Payment must be made in full before leaving the store with Your purchased items. If you have any concerns about sales or other promotions, contact a staff member.

When your purchase is completed, You will receive a digital receipt to Your e-mail address. You accept that You will automatically receive a digital receipt, and not a paper receipt, as proof of Your purchase.

You are responsible to ensure that You scan all item(s) you wish to purchase correctly. If You have any issues with scanning or completing your purchase, please contact a member of staff in the store.

We may ask you to help us confirm that the service is working effectively by allowing us to check Your goods against the scanner or to re-scan your items. Please understand that this does not imply that we suspect You of any wrongdoing, it is simply to ensure that we provide the highest quality service. If there is a difference between Your scan and any re-scan carried out by a member of staff, the re-scan will be decisive.

We may withdraw your right to use the scan & pay service at any time if you do not comply with these Terms. In addition, We reserve the right to withdraw the scan & pay service at any time, in our sole discretion.

LIMITATION OF LIABILITY

We do not warrant that access to the App or Your account will be delivered uninterrupted, timely, secure, or error-free. Technical support is provided on a best-effort basis by our Customer Service. If You experience any issues, please email us at customerservice@arket.com.

We do our best to ensure that the information we provide in the App is complete, accurate and current. Despite our efforts information may occasionally be inaccurate, incomplete or out of date. We do not warrant the accuracy or completeness of the information, content or materials provided in the App. 

If ARKET is found in breach of these Terms, ARKET shall only be liable for losses which are a reasonably foreseeable consequence of such breach. In no event shall ARKET be liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by directly or indirectly forces beyond its control, including without limitation to fire, flood, storm, riot, civil disturbance, war, nuclear accident, epidemic, pandemic, virus, and terrorist activity. In no circumstances will ARKET be liable for any loss of profit, loss of revenue or for any indirect or consequential loss arising out of a breach of these Terms or otherwise in connection with these Terms. 

Nothing in these Terms shall exclude or limit ARKET's liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

INDEMNIFICATION

You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this App or breach of these Terms.

APPLICABLE LAW AND JURISDICTION

These Terms are governed, interpreted and applied in accordance with the laws of Sweden. However, if You’re a resident of another country or region than Sweden, these Terms can be subject to mandatory consumer protection laws and regulations in force in Your country of residence which may provide You additional rights.

If You have a complaint regarding the App, please contact our Customer Service customerservice@arket.com. 

If ARKET and You are not able to settle the complaint directly, You can submit Your complaint to the EU online dispute resolution platform at http://ec.europa.eu/consumers/odr/. If a solution cannot be reached, the competent authorities to settle the matter are the relevant authorities in Your country of residence. 

CONTACT US

If You have any questions regarding Your App user account, You may contact Customer Service at customerservice@arket.com.