TERMS AND CONDITIONS



  1. PURPOSE

The present General Conditions of Use of the website (hereinafter, the ‘Conditions of Use’) aim to regulate the conditions of use and utilisation of the areas of the website hosted under the domain name varlion.com of the company Varlion GmbH (hereinafter, ‘VARLION’), a company registered in Switzerland with company identification number CHE-161.325.041, and with contact email address contacto@ varlion.com.
By simply using the website, the user is considered a ‘User’ (hereinafter, the ‘User’), who declares to know and accept without reservation each and every one of the Terms of Use set forth in this document, as well as the Privacy Policy and the Legal Notice of VARLION.
Through the domain varlion.com, users will be able to access special content and services.
These Terms of Use constitute the entire agreement between the parties with respect to online transactions between VARLION and users.
VARLION reserves the right to unilaterally modify the Terms of Use at any time and without prior notice, as well as to restructure, modify or eliminate any information, service or content included on the website.
"CHANGE OF CONDITIONS ON ALL OUTLET TEXTILES. No exchanges or refunds are accepted on clearance items, i.e. all padel textiles, sportswear and promotions. In the case of exchanges, the costs will be borne by the customer and will be subject to stock availability.’

2 USER RIGHTS AND OBLIGATIONS

2.1. Conditions of Access and Use
Users may access the information contained on the website through the domain varlion.ar.
The conditions of access to the website are subject to the legal provisions in force at any given time, as well as to the principles of good faith and lawful use by the user. Any type of action that may harm VARLION or any of its collaborators, clients or third parties is expressly prohibited.
The user must protect all confidential documentation and information, avoiding the distribution of any content found on this website, on the intranet or in any other restricted area, as well as content received by email or other means.
VARLION requires prior subscription for simple browsing on this website.
With regard to the processing of personal data, please consult the VARLION Privacy Policy at the following link: https://eur.varlion.com/content/5-politica-de-privacidad

2.1.1. User Registration
In accordance with the above, VARLION reserves some of the services offered through the portal for registered users, for which it will be necessary to fill in the corresponding forms, such as, for example, the customer access area.
The user undertakes to select, use and keep their access codes (username and password) in accordance with the following clauses.

2.1.1.1 Assignment of Access Codes
In the customer access area, the user may choose and indicate their own access codes. The user may not select as a username words, expressions or graphic combinations that are offensive or insulting, brands, names or pseudonyms of public figures or celebrities for whose use they are not authorised, nor in general names that go against the law, morality or public order. VARLION reserves the right to eliminate or suspend any user name that does not fulfil these conditions and may also suspend the account of any user that does not keep up to date with the payment of their invoices.
In the case of the loss of access codes, these will be sent randomly and automatically to the user's email address, provided that there is no previously assigned code that is identical to the one selected by the user. If the user does not choose the passwords, VARLION may assign them automatically.

2.1.3. Use and Custody
The user undertakes to make lawful and diligent use of the access codes and not to make them available to third parties. If it is found that the codes have been transferred to other unauthorised persons or entities, this shall be grounds for termination of the contract. VARLION may monitor the IP addresses associated with the access codes to ensure the security of the information stored on our platforms.
The Registered User undertakes to immediately notify VARLION, via the e-mail address [email protected], of the loss, theft or unauthorised access to their access codes.
These access codes are exclusively for the use of authorised users. VARLION may suspend access to unauthorised users.
VARLION is exempt from any liability arising from damages caused by the fraudulent use of access codes or by a lack of diligence in their safekeeping.
VARLION has the highest security measures at its disposal to guarantee that all information exchange is encrypted, as well as to ensure the security of transactions.

2.2 Content and Actions of the User
The user undertakes to make lawful, diligent and correct use of any information or content to which they have access through the VARLION website, as well as not to cause damage to the website, its databases, files or systems, or to introduce or spread computer viruses or any other type of malicious software.
The user undertakes not to reproduce, distribute, transfer, transform or modify the contents of the website without the prior consent of VARLION.
VARLION disclaims responsibility in the event of computer failures or viruses introduced by third parties or due to connectivity problems beyond the company's control.

2.3 Content of the Website
The purpose of the website is to provide information about VARLION's services. The e-commerce area database contains the necessary information that the user may need, as well as constantly updated prices and technical descriptions of the services.
The information provided should not be considered exhaustive, due to possible variations in the services. VARLION undertakes to update prices and characteristics as far as possible.

3 VARLION'S RIGHTS AND OBLIGATIONS

VARLION shall be liable exclusively for the services it provides directly.
The company shall adopt the minimum security measures to guarantee the privacy and security of communications. However, it shall not be liable for any damage caused by external security breaches.
VARLION shall not be liable for the content, opinions or statements of users or third parties on the website, nor for any damage caused by computer viruses or external agents deposited on the website.

4 RENTAL/PURCHASE CONDITIONS

4.1. Offers, prices, payments and delivery times
The price indicated on the website includes VAT. VARLION reserves the right to modify prices without prior notice. Purchased products must be paid for at the time of signing the contract using the available payment methods: credit card, PayPal, bank transfer or payment in instalments with SeQura.

4.2. Returns and Right of Cancellation
The return of products will be subject to the agreement of both parties. VARLION reserves the right to demand compensation to cover any possible damage suffered by the returned products.
VARLION will accept returns when the product is defective or has not been delivered within the stipulated period.

5 INTELLECTUAL PROPERTY

All the contents of the website are subject to the intellectual property rights of VARLION. Such content may not be used, duplicated, distributed or sold without the prior consent of the company.
VARLION reserves the right to modify any content of the website without prior notice and undertakes to adapt to legal changes regarding telematic services.

6. LEGISLATION
In general, the relationship between VARLION and the users of the Information Society and Electronic Commerce services offered on this website are subject to Argentine legislation and jurisdiction.

6.1. Clause on the publication of data on a website
The user is informed that the data collected will be included in a file registered in the General Data Protection Registry, for which VARLION is responsible. The user may express his or her refusal to allow his or her data to be processed within a maximum period of thirty (30) days, it being understood that he or she gives his or her consent if no statement is made within said period.
Likewise, we request your express consent for the publication of your images on our website, with the sole purpose of managing photographs of events, competitions, among others. To do so, you must check one of the following options:

  • I authorise the publication of my data as reported.

  • I do not authorise the publication of my data.

We inform you that you can exercise your rights of access, rectification, cancellation and opposition by sending an email to [email protected]. To do so, you must include valid proof (for example, a photocopy of your ID) and specify ‘Data Protection’ in the subject line.

6.2. Product return clause
The Online Shop reserves the right to demand compensation to offset any possible damage to the product to be returned, as well as to cover the expenses incurred by the return. The Online Shop will accept the return of products in the following cases:

  • Broken, damaged or faulty product:

    In these cases, the Online Shop will cover the shipping and/or collection costs of the product, as well as its replacement, without additional charges. The customer is obliged to check the received material to verify that it is in good condition and does not present the aforementioned anomalies. Anomalies must be reported within a maximum period of 24 hours from the signing of the delivery note. Failure to communicate within this period exempts the Online Shop from any responsibility.

  • Incorrect product:

    If the product received is not the one requested, the customer must notify the Online Shop within 3 working days of signing the delivery note. In this case, the Online Shop will cover the shipping and/or collection costs and will send the correct product at no additional charge. The customer must return the incorrect product in the same condition in which it was delivered, unopened and unused, with the original packaging intact and in perfect condition for sale.

  • Returns for size or colour changes:

    If the customer has received the order correctly and wishes to return it for a change of size or colour, they must notify the Online Shop within a maximum period of 7 working days from the signing of the delivery note. If more than 7 working days have elapsed since the signing of the delivery note, the customer waives this right. The customer must return the product in the same condition in which it was delivered, unused, with the original packaging intact and in a condition suitable for resale. The customer shall bear the shipping and return costs. If the requested product is not available in the desired size or colour, the customer will be informed and a refund or a replacement date will be agreed.

  • Return for non-satisfaction:

    In this case, the return will not be accepted.


6.3. Customer's obligations upon receipt of the order
Upon receipt of the order, the customer must sign two copies of the delivery note: one will remain with the transport agency and the other will be for the customer. The signature of the delivery note implies conformity with the delivery and the waiver of any claim or complaint regarding the condition of the goods.
Before signing the delivery note, the customer is obliged to check that the number of packages received coincides with that indicated on the delivery note and that the packages are in perfect condition, without deformations or signs of having been hit during transport. The packages must be tightly closed and the original seal intact.
If any anomaly is observed in the packages received, the customer must note this anomaly on the delivery note and contact the Online Shop's Sales Department. Even if no anomaly is observed, the customer must write the text ‘Material pending review’ on both copies of the delivery note in order to use the insurance coverage in case of damage discovered later.
The lack of any of these annotations on the delivery note will imply the waiver of any claim regarding the condition of the material received and will exempt the Online Shop from any responsibility.
Once the delivery note has been signed, the customer must check that the product description on the packaging coincides with the product purchased before opening it. Products ordered on demand cannot be returned.
Obvious defects must be claimed in writing within 7 days of receipt of the goods, including wrong deliveries or excess or defective products. Any other defect must be claimed immediately. Failure to make a claim within this period will result in the customer losing their rights.

6.4. Transfer of risk
Risk shall pass to the customer at the time the goods leave our premises or warehouse.
If shipment is delayed for reasons attributable to the customer, risk shall pass at the time the customer receives notification that the goods are ready for shipment.