1. IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE:
This varlion.com website (hereinafter “Website”) is operated by:
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VARLION |
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COMMERCIAL NAME: |
RDB International Sport, S.A. |
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CORPORATE ADDRESS: |
C/ Marqués de Urquijo, 30 – 28008 Madrid, Spain. |
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N.I.F.: |
A88613500 |
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CONTACT: |
PHONE: |
+34 916 791 722 |
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EMAIL: |
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COMMERCIAL REGISTRY: |
Tomo 40314, Libro boletín 159, Folio 191, Sección 8, Hoja 716179 |
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This document establishes the terms and conditions governing the purchase through the Website owned by RDB International Sport, S.A. (hereinafter, “THE COMPANY”), of the products and services offered therein (hereinafter, the “General Terms and Conditions of Sale” or “GCS”).
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE:
By placing an order through the Website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. If you place an order on behalf of a legal entity, you declare that you have sufficient capacity to represent that legal entity and to accept these GCS.
Also, from the moment you place the order, after checking the boxes provided on the purchase form, you accept and agree to comply with these General Conditions of Sale. The present GCS replace any other previous conditions reflected in any other document.
Consequently, please read these GCS carefully before placing an order through the Website.
THE COMPANY has the right to revise and modify these T&Cs at any time and without prior notice. However, such changes will have no effect on orders placed and shipped prior to the corresponding modification.
3. PERSONAL DATA:
The information or personal data you provide will be treated in accordance with the provisions of the Privacy Policy included in this Web Site. By using this Web Site you declare that the information and data provided are truthful, accurate and correspond to reality.
4. CORRECTION OF DATA ENTRY ERRORS:
The information or personal data provided during registration on the Website, or during the purchase procedure, may be corrected through your customer profile at any time. In the event that the payment has already been made and it is necessary to modify some data, please contact our Customer Service.
5. PURCHASE PROCESS:
El proceso de compra se desarrollará en castellano o en inglés, pudiendo seleccionar el idioma al ingresar en el Sitio Web. El proceso consta de varios pasos que se resumen a continuación:
a) Start of the purchase process:
To make the purchase you just have to choose the products you want from those offered on the web and add them to the shopping cart.
b) Formalization of the purchase:
Once you have added all the products you want to the cart, you will be able to view the cart and check all the products added. The second step to complete the order will be to register by entering your data in the registration form to create a profile that allows us to ship and invoice the products. For this purpose, you will need to provide, among others, the following information: your name or company name, address, telephone number and e-mail address, which must be true and accurate in all cases.
Once you have entered the data in the registration form you must read and accept our “Privacy Policy”, you can voluntarily and free of charge join the Varlion Club and/or register on our list for the sending of commercial communications such as: exclusive offers, invitations, notifications and sweepstakes.
You must then select the delivery method, read and accept our “Website Terms and Conditions” and these “General Terms and Conditions of Sale”. After selecting the shipping method, check that the products added are correct and choose one of the payment options.
As soon as you have proceeded with the payment, you will be informed of all the details of your order (including an order number [the “Order No.”]). Please note that the Order No. is provided for reference purposes only and in no way constitutes confirmation by THE COMPANY of acceptance of the order.
c) Order Confirmation:
In the event that THE COMPANY accepts your order and after having verified the availability of the product ordered, as well as the payment made, it will notify you by sending an order confirmation (the “Order Confirmation”). Such Order Confirmation will be sent by e-mail and will be effective as of the date of shipment.
d) Shipping and delivery:
Upon receipt of the Order Confirmation, THE COMPANY will send the product or products purchased through the Website, to the postal address indicated in the order form, not being able to correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar.
All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items in stock, we will contact you to find a solution.
In addition, items offered through this Web Site are available for shipment worldwide.
Delivery will be made within a variable period of time depending on the availability of the product and the geographical location of the buyer, to the postal address that you included when registering on our website, except in case of force majeure. The delivery note will be sent together with the Product(s).
The risk of the product will be at your expense from the moment of delivery, so that from that moment you will be solely responsible for it. Notwithstanding the foregoing, and despite having proceeded to its delivery, you will not acquire full ownership of the products until THE COMPANY receives full payment of all amounts due in connection therewith, including shipping costs that may be applicable.
6. PRICE, PAYMENT METHODS AND INVOICING:
a) Price:
All prices can be displayed in Euros, Danish Kroner, Norwegian Kroner, Swedish Kroner, Argentine Pesos and Chilean Pesos. Prices will be those published on the Website at the time you place your order.
All prices include Value Added Tax (VAT) in accordance with current legislation, however, depending on the shipping territory, costs and taxes related to shipping and order processing are excluded, which, if applicable, will be informed and added to the final price.
When you place an order for delivery in a country outside the European Union, you may be required to pay import duties and taxes, which will be charged at the time the package arrives at its destination and it is not possible to anticipate them at the time of ordering. Thus, you are informed that any additional amount due to customs clearance will be borne by you. THE COMPANY has no control over such amounts. Customs policies vary significantly from one country to another so, for more information, please consult with the corresponding customs office. Please also remember that when you place an order through our Web Site you are formally considered by law to be an importer, and you must comply with all applicable laws and regulations in the country in which the product is received. Your privacy is a matter of great importance to us and if you are an international customer please be aware that international shipments are subject to inspection and opening by customs authorities.
Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.
b) Payments methods:
THE COMPANY, through the Website, accepts the following methods of payment:
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Credit/Debit Cards: |
You can pay using Visa and MasterCard debit or credit cards.
Your credit card details are sent directly to the corresponding payment gateway for payment settlement with your bank. The website is SSL (Secure Sockets Layer) certified, a global security standard that ensures that the sending of data between the sender and receiver system is encrypted. No one in THE COMPANY, can have access to your credit card data, neither during the payment, nor afterwards. In the bank statement you will receive a charge from THE COMPANY. If your bank authorizes the payment with your credit card, we will take care of processing your order. |
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Bank Transfer: |
Bank transfer to the bank account provided by VARLION customer in the event that the customer does not have a credit card or has problems placing the order on the payment gateway. In this case, the customer must send the bank transfer receipt and wait for the corresponding amount to arrive at the bank account provided by VARLION. After having received the corresponding payment, VARLION will proceed to issue and send the invoice to the customer. The invoice will be sent once the order is fully paid. The payment of your order by Bank Transfer is easy and secure.
Remember to indicate the “Order No.” in the subject of the bank transfer. The absence of this reference could cause delays. Due to the delay time of bank transfers, we cannot avoid the possibility of running out of the ordered product while waiting for the payment. The order can only be reserved as soon as we receive confirmation of receipt of payment from our bank. |
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PayPal: |
PayPal allows any business or individual consumer with an email address to securely send and receive payments. By clicking on the “Pay with PayPal” button, you can access PayPal’s secure website. Once there, if you already have a PayPal account, you will be able to authorize the payment.
If you do not yet have a PayPal account, you can register for free, including your debit or credit card, and you will be able to make payments for your orders. The use of PayPal as an online payment method is secure. |
c) Billing:
You expressly authorize THE COMPANY to issue the invoice in electronic format, it will be sent to you in digital format upon request and will be sent in Spanish. However, you may at any time communicate your wish to receive an invoice in paper format, in which case, we will issue and send the invoice in this format.
The electronic invoice will be stored in our servers for 5 years, counted from the moment it was sent to you by e-mail. This way you will be able to request it, for example in case of loss, through our customer service.
7. LEGAL GUARANTEE:
As a consumer you have the right to be protected for a period of time against existing defects or lack of conformity with the products:
This compulsory warranty implies a series of rights that you can exercise:
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Repair |
Replacement |
Price reduction |
Terminantion of the contract |
If the product is defective or does not conform to the one you purchased, you may choose between repair or replacement, provided that one of these two options is not objectively impossible or disproportionate.
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Repair |
-It will be free of charge, as well as the cost related to it, especially shipping costs, labor and material related costs. |
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-It will be carried out within a reasonable time and without major inconveniences, taking into account the nature of the products and their purpose. |
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-Once the product is delivered for repair, the warranty period is suspended until we return it to you repaired. |
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-Once we have delivered the repaired product to you, for the next 6 months we will be liable for any repair defects that may arise. |
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-In addition, if the repaired product is still not in conformity with the one originally purchased, you may choose: replacement (unless it is disproportionate), price reduction or termination of the contract (both explained below). |
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When you deliver the product to us for repair, we will give you a receipt with the date of delivery and the defect. When we deliver the repaired product to you, we will give you another receipt with the date of delivery and the repair carried out. |
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Replacement |
-You will not be able to choose replacement in the case of non-expendable products (not replaceable because they are unique), nor in the case of second-hand products. |
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-It will be free of charge, as well as the cost related to it, especially shipping costs, labor and material related costs. |
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-It will be carried out within a reasonable time and without major inconveniences, taking into account the nature of the products and their purpose. |
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-From the moment you request the replacement, the warranty period is suspended until we deliver the new product. The new product does not have a new warranty period, but continues with the initial one. |
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-If the new product is still not in conformity with the one originally purchased, you may choose: repair (unless it is disproportionate), price reduction or termination of the contract (both explained below). |
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When you give us the product to be replaced, we will give you a receipt with the delivery date and the defect. When we deliver the new product, we will give you another receipt with the delivery date. |
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Price reduction |
You may exercise this right, when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences. |
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It shall be proportional to the difference between the value of the non-defective or non-conforming product purchased and the value of the defective or non-conforming product purchased. |
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Termination of contract |
You may not exercise this right if the nonconformity is minor. |
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For the rest of the cases, you will be able to exercise when you cannot choose the repair or replacement and for those cases in which these have not been carried out within a reasonable period of time and without major inconveniences. |
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How long do I have these rights? |
-New products |
3 years from the date shown on the invoice or purchase receipt or on the delivery note if it is dated later. |
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-Secondhand products |
1 year from the date shown on the invoice or purchase receipt or on the delivery note if it is of a later date. |
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How I use them? |
You should contact us through the following email [email protected] or by calling +34 916 791 722 where we will tell you how to proceed. |
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Please note that: |
You must inform us of the defect or non-conformity within 2 months after you become aware of it, as you will be liable for any damages caused to us by the delay in your communication. However, you keep the rights mentioned above. . |
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It is understood that the product is free of defect or conforms to the one purchased, provided that: |
Conforms to the description made by THE COMPANY and possesses the qualities that have been indicated on this Website. |
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Is suitable for the uses to which products of the same type are ordinarily put. |
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And, present the usual quality and performance of a product of the same type that can be reasonably expected in view of the nature of the product and, if applicable, of any public statements on the specific characteristics of the products that we may have made. |
8. LEGAL RIGHT OF WITHDRAWAL:
In accordance with Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws (hereinafter “Royal Decree 1/2007”), if you have the status of consumer, as that term is defined in the aforementioned rule, you have the right to withdraw from the sale and purchase within 14 calendar days from receipt of the products object of the sale and purchase without having to justify your decision and without penalty of any kind, unless the sale and purchase refers to some of the products and / or services listed in Article 103 of the aforementioned law, among which are, but not limited to:
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i) |
The supply of goods made to the specifications of the consumer and user or clearly customized; |
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ii) |
The supply of goods that are likely to deteriorate or expire rapidly; |
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iii) |
And the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery. |
You may exercise your right of withdrawal as follows:
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How I use them? |
You must notify your decision to withdraw from the purchase contract through an unequivocal statement sent by email to the address [email protected] or by post to the address C/ Marqués de Urquijo, 30 – 28008 Madrid, Spain, containing your contact details, the order reference, delivery date and a photocopy of your ID / NIF. For this purpose, you can use this model withdrawal form. |
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THE COMPANY will contact you to coordinate the return of the items subject to withdrawal. Unless otherwise indicated, you may return the products by sending them to the following address C/ Marqués de Urquijo, 30 – 28008 Madrid, Spain, being at your expense the costs of such shipment. |
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right is sent before the expiration of the deadline.
In case of withdrawal in accordance with this Clause, THE COMPANY will refund all payments received in connection with the purchase subject to withdrawal, including delivery charges that you may have paid for the cheapest shipping option offered, no later than 14 days after the day on which THE COMPANY receives the aforementioned communication. However, the costs of return or return of the products shall be borne by you.
THE COMPANY may make such reimbursement using the same means of payment that you would have used for the initial purchase transaction unless another means of payment is expressly agreed. Notwithstanding the foregoing, THE COMPANY may withhold reimbursement until it has received the purchased goods or until you have provided proof of return of the goods, whichever condition is met first.
Items must be returned in packaging that ensures that the products are properly protected in transit.
9. CUSTOMER SERVICE:
In any case, for any incident or complaint you can send an email to the address [email protected]. As a consumer you can request complaint forms at the registered office of THE COMPANY.
10. CORPORATE RESPONSIBILITY:
THE COMPANY shall not be liable for (i) losses which are not attributable to any breach by you, (ii) business losses (including loss of business profits, revenues, profits, contracts, data or unnecessary expenses incurred) (iii) indirect or consequential losses which were not reasonably foreseeable by both parties at the time the contract for the purchase of the products was entered into.
Nothing in these terms and conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct.
Please note that this has no effect on your statutory rights as a consumer under the terms of Royal Decree 1/2007, nor on the right to return the products in accordance with clause 8.
11. WRITTEN COMMUNICATIONS:
Applicable law requires that some of the information or communications we send you be in writing. By using this Web Site, you agree that most of such communications with THE COMPANY will be electronic. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that THE COMPANY sends to you electronically comply with the legal requirement that they be in writing. This condition does not affect your statutory rights.
12. NOTIFICATIONS:
The notifications you send to THE COMPANY should preferably be sent through our email [email protected]. Pursuant to the provisions of clause 11 above and unless otherwise stipulated, THE COMPANY may send communications to you either by e-mail or to the postal address provided by you when placing an order.
Notices shall be deemed to have been received and properly made 24 hours after an e-mail has been sent, or 3 days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered at the post office or in a post box and, in the case of an email, that it was sent to the email address you specified when placing the order.
13. ASSIGNMENT OF RIGHTS AND OBLIGATIONS:
In the event of a purchase through this Website, these T&Cs are binding on both you and THE COMPANY, as well as their respective successors, assigns and successors-in-interest.
You may not transfer, assign, encumber or otherwise transfer your contractual position or any of your rights or obligations hereunder to or for you without the prior written consent of THE COMPANY.
14. ONLINE DISPUTE RESOLUTION PLATFORM:
In accordance with the provisions of Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, consumers have an Online Dispute Resolution Platform, which they can access from the following link:
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https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN |
Through this link, users of the Website will be able to access the European Platform for Online Dispute Resolution. In the event that you have had a problem with a purchase or the provision of an online service, you may use this means to submit any claim in connection with such purchase or provision of services, as well as to opt for out-of-court settlement of the dispute.
A direct access has been established in the footer of the website to allow easy access by consumers to this platform.
15. PARTIAL NULLITY:
If any of these GCS are declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity, and the null or unenforceable clause shall be replaced by another that can be assimilated to the previous one in the most appropriate way possible.
16. MAJOR FORCE:
Neither you nor THE COMPANY shall be liable for breach of these T&Cs as a result of force majeure beyond your control. Force majeure shall mean any act, event, failure to exercise, omission or accident beyond reasonable control, and in particular and without limitation, the following: strikes, lockouts or other industrial action, natural disasters, civil commotion, terrorist threats or attacks, inability to use trains, ships, planes, motor transport or other means of transport, among others.
It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the term to fulfill such obligations for a period of time equal to the duration of the cause of force majeure.
17. APPLICABLE LAW AND JURISDICTION:
The contract for the purchase of products through this Web Site shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the Website or such contract shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals, being competent the court or tribunal that corresponds in accordance with current regulations.
Notwithstanding the foregoing, if you are contracting as a consumer under the terms of Royal Decree 1/2007, nothing in this clause shall affect your rights as a consumer under current legislation.
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