TERMS AND CONDITIONS OF PURCHASE

 

1. IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE:

 

This usa.varlion.com website (hereinafter “Website”) is operated by:

 

COMMERCIAL NAME:	Global Sports USA LLC
ADDRESS:	30 N Gould St Ste R Sheridan, WY 82801
EIN:	99-2155794

 

This document establishes the terms and conditions governing the purchase through the Website owned by Global Sports USA LLC (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

• Shipping

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

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) Payment methods

THE COMPANY, through the Website, accepts the following methods of payment: credit/debit cards and bank transfer.

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. 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 RIGHT OF WITHDRAWAL

 

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: 

 

i)	The supply of goods made to the specifications of the consumer and user or clearly customized;
ii)	The supply of goods that are likely to deteriorate or expire rapidly;
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.

 

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.

 

 

8. 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.

 

 

9. 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.

 

 

10. 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.

 

 

11. 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.

 

 

12. 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.

 

 

13. 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.

 

 

14. 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.