INTRODUCTION
This document contains the conditions regulating the purchase of items on www.variabilek.it
Please read these Terms and Conditions as well as the Cookie Policy and the Data Protection Policy (hereinafter jointly referred to as the "Data Protection Policy") carefully before using this website. We inform you that the use of this website or the transmission of an order through this website implies the acceptance of these General Terms and Conditions of Sale and the Data Protection Policies. Therefore, if you do not agree with all these Terms and Conditions and the Data Protection Policies, please do not use this website.
VARIABLE K reserves the right to change these Conditions at any time.
If you have any queries, doubts or questions regarding the Conditions and Data Protection Policies, you can contact us through info.variabilek@gmail.com
OUR DATA
The vendor is the company VARIABILE K SRL IMPRESA SOCIALE, with registered office in Ercolano (NA) at Trentola n. 205 Partita I.V.A 10029341210, (hereinafter "VARIABILE K").
The sales process through the website has been carried out in full compliance with the regulations on distance selling, e-commerce, and in particular in accordance with the Italian Consumer Code (Legislative Decree no. 206 of 6 September 2005) VARIABILE K also complies with the obligations deriving from Legislative Decree 9 April 2003 no. 70 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to e-commerce).
The following provisions set out the general conditions of sale (hereinafter for brevity the "General Conditions") governing the contractual relationship between VARIABLE K and the customer relating to the on-line sale of products offered through the website.
YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
The information or personal data provided by you will be processed in accordance with the Data Protection Policy. By using the website, you authorise us to process such information and personal data and you declare that all information and/or personal data provided are accurate and true.
USE OF OUR WEBSITE
By using this website and/or making orders through it, you agree to:
▸ Use the website only to make legally valid enquiries or orders;
▸ Not to make false or fraudulent orders. If we have plausible grounds to believe that an order of this nature has been placed, we shall be authorised to cancel it and inform the competent authorities;
▸ Provide us with your e-mail address, postal address and/or other contact details truthfully and correctly. Likewise, you consent to our use of this information to contact you (if necessary, please read the Data Protection Notice).
▸ If you do not provide us with all the information we require, we will not be able to process your order.
▸ Any order that clearly does not correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be fraudulent, shall be considered by VARIABLE K as null and void.
By placing an order via this website, you warrant that you are of legal age and possess the legal authority to enter into binding contracts.
MODALITIES FOR THE COMPLETION OF THE CONTRACT
The information provided in these terms and conditions and the details contained on this website only constitute an invitation to make a contractual proposal and do not represent an offer to the public. There shall be no contract between you and VARIABLE K regarding any products until your order is explicitly accepted by VARIABLE K. In the event that your offer is not accepted and your account has already been debited, the amount will be refunded in full. To place an order, you will have to follow the online purchasing process and click on 'Proceed with order'. You will then receive an email confirming receipt of your order. However, this does not imply acceptance of your order as it only represents an offer on your part to purchase one or more products.
PRODUCTS AND PRICES
1. Products
The products that are the subject of the contractual agreement governed by the General Terms and Conditions of Sale are all the items visible on the website, in particular clothing products, handicrafts, accessories and gift-cards (hereinafter the "Products"), present on the website at the time the order is placed. Only Products available on the Site may be ordered. In the case of promotional offers with a certain duration, the Customer must pay attention to the time limits of their validity.
2. Rates
The sale price of the Products offered on the Website, indicated in euros (unless otherwise specified), is the price in force at the time the order is registered by the Customer. Prices include the VAT rate applicable on the day of the order, and any change in this rate will automatically be applied to the price of the Products sold by VARIABLE K on the website.
The price does not include shipping costs, which are added to the price of the Products purchased and vary depending on the amount of the order. Shipping costs will be indicated before the order is registered by the Customer and therefore before proceeding to payment, for Eu and Extra EU shipments VARIABILE K reserves the right to recalculate shipping costs at a later date if necessary.
The sale prices of Products may be modified by VARIABILE K at any time, it being understood that the price applied to the contractual relationship with the Customer will be the one in force and published on the website at the time of registration of the order by the Customer.
Any purchase intention that may involve a special tax regime requires prior approval by VARIABLE K before the order is placed. Please send your request by e-mail to info.variabilek@gmail.com. Customer Service will contact you with the necessary documentation. VARIABLE K will check the prerequisites for the application of the requested tax regime and notify the customer of the suitability. Only after this confirmation will the customer be able to place the order and notify Customer Services.
3. Characteristics of the Products
The Products that are the subject of the contractual agreement governed by these General Terms and Conditions are all the items visible on the website when the Customer places his order. In accordance with articles 52 and 53 of the Consumer Code, VARIABLE K provides consumers with information on the Products and makes consumers aware of all the main characteristics of the Products offered (sizes, colours, composition, description, etc.) and the price, including taxes and duties.
Prior to ordering, the Customer may have access on the Site to the essential characteristics of the Product(s) he/she wishes to purchase. Furthermore, the characteristics of the Product(s) will be visible through a photograph published on the Site that illustrates the product(s) as faithfully as possible. The photograph is not part of the contractual relationship between the parties. The Customer acknowledges that the photograph of the Product on the Website is indicative. Modifications may be revealed due to the processing of the photograph(s).
The availability of the Products on sale on the website is automatically updated. However, since the Website can be visited by several users at the same time, it is possible that simultaneous purchases result in a Product indicated as available being in fact just sold out. In such cases, a communication will be sent to the Customer's e-mail address, and the amount paid by the Customer (price of the product and delivery charges if applicable) will be refunded. VARIABLE K reserves the right to change the product assortment according to the obligations arising from its relations with its suppliers. For more detailed information, please send an e-mail to info.variabilek@gmail.com.
4. Promotions
Products on sale or promotion will be recognisable by special icons and easily accessible from the HomePage. The duration of the promotion or offer will be specified from time to time by promotional emails (Newsletter) or special graphics on the HomePage.
REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from the website at any time and to remove or edit any material or content on the website. We always endeavour to fulfil all orders, however, in exceptional circumstances we may have to refuse to process orders after we have sent the Order Confirmation, and we reserve the right to do so. We will not be liable to you or any third party for the removal of any product from the website, for the deletion or modification of any material or content on the website, or for any failure to process an order after the Order Confirmation has been sent, insofar as this is legally possible.
PAYMENT METHODS
At no time during the purchase procedure is VARIABILE K capable of knowing information relating to the buyer's credit card, which is transmitted via secure connection directly to the site of the issuing company handling the transaction.
No database of VARIABLE K will retain this data.
Therefore, VARIABLE K cannot be held liable for any fraudulent and undue use of credit cards by third parties upon payment for products purchased on the website.
VARIABLE K accepts the following forms of payment:
The payment of the order by the customer can be made by credit card, a simple and secure means for online purchases. Credit card payments will be made through the Paypal or Nexi Pay site, to which you will be redirected once the order is confirmed with the "Place Order" button on the check-out page.
In the event of purchasing goods by credit card payment method, at the conclusion of the online transaction, the issuing company will only authorise the payment of the amount relative to the purchase made. The amount for the goods ordered shall actually be charged to the customer's credit card when the invoice is issued. In the event of cancellation or ineffectiveness of the order, VARIABLE K shall simultaneously request cancellation of the authorisation obtained and release of the pledged amount. The release times depend exclusively on the banking system and may be up to their expiry date.
- PayPal
The method of payment with e-money through the PayPal® service is subject to the limits indicated each time during the purchase procedure that the Customer must follow in order to place the order. This payment system requires the Customer to open an account on PayPal ® and to accept the rules of the service. VARIABLE K only accepts payments from Customers registered on the Italian PayPal® website. The amount of the order will be charged to the Customer's PayPal® account after confirmation of the order by VARIABILE K. Delivery of the product purchased will be made after the purchase sum has been accredited to the PayPal® account of VARIABLE K. Any refunds to the Customer will be made by VARIABLE K always to the PayPal® account in the terms provided by the PayPal® service. A confirmation e-mail from PayPal® will be sent with each transaction made.
o Nexi - Pay
Nexi is an Italian company that offers payment services such as credit cards, debit cards and digital payments. The terms and conditions for using Nexi's payment services depend on the type of service you choose to use.
o Satispay
Satispay is the free app for paying in physical and online shops. Don't worry about entering your card details. Just select your purchase and confirm it via the app.
Scalapay
If you buy with Scalapay you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and that you authorise this transfer.
DELIVERY METHODS AND COSTS
VARIABILE K S.p.A accepts shipping orders throughout Italy, the EU and non-EU countries. For each order made on the website, it will be the responsibility of the customer to request the issue of an invoice, if required. The information provided by the customer when placing the order will be used to issue the invoice. VARIABILE K S.p.A will send the invoice by e-mail to the holder of the order, in accordance with Article 14 of D.P.R. 445/2000 and DL 52/2004. Delivery costs shall be borne by the customer, as indicated in the order acknowledgement. Delivery costs for deliveries to foreign destinations shall be recalculated according to the destination indicated and the volume of the package, and shall be communicated to the customer by e-mail.
For the delivery of the goods, the presence of the customer or his representative at the recipient's address indicated in the order is required. Upon delivery of the goods, the customer is obliged to check that the number of packages delivered corresponds to the number indicated on the transport document, that the packaging is intact, not damaged, not wet or in any case altered, including the sealing materials. In the event of damage to the packaging and/or the product or if the number of packages or the indications do not correspond, it is necessary to contest them immediately by placing a specific written control reservation on the courier's proof of delivery. Once the courier's document has been signed, the customer shall not be able to raise any objection as to the external characteristics of what has been delivered.
As specified in the applicable legislation, the maximum time limit for reporting transport damage to VARIABLE K is 8 days from receipt of the order. However, the stated delivery times are to be regarded as approximate and may vary. If the customer is absent at the time of delivery, no notice will be given by telephone, but a notice will be left to inform the recipient that a second delivery attempt will be made on the next working day. In the event that the second delivery is also unsuccessful, VARIABLE K shall attempt to contact the customer in order to define and possibly solve the reasons for the failed delivery. In the event of a negative outcome, the order shall be deemed to be cancelled and the relevant amounts shall be returned to the customer with charges.
Delivery for the Italian territory takes 3-5 working days and for the EU/UK/CH countries 5-7 working days.
Please notice: the time intervals indicated above may be extended for Sicily, Sardinia and smaller islands.
You can always monitor the status of your order by logging into your account or through the tracking number you received in the shipping e-mail.
The above timeframes shall be considered valid and effective from the date of delivery of the goods to the logistics partner. The delivery to the partner shall take place within a maximum of 2 working days from the conclusion of the order. In the event of claims and/or requests by the customer regarding delivery timing and/or method of delivery, VARIABILE K commits to respond to these within 3 working days of receipt.
Should VARIABILE K be unable to deliver the ordered goods due to their unavailability, even temporary, VARIABILE K will promptly notify the Customer by e-mail. Any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than thirty days after receipt of the purchase order.
VARIABILE K is not liable for any delays attributable to the shipping company due to majeure events.
TRANSMISSION OF RISK OF LOSS OF GOODS BY DELIVERY
In accordance with Article 63(I) of the Consumer Code, as amended by Legislative Decree 21/2014, in contracts that place the trader under an obligation to dispatch the goods, the risk of loss of or damage to the goods, for reasons not attributable to the seller, passes to the consumer only at the moment at which the latter, or a third party designated by him and other than the carrier, takes physical possession of the goods.
RIGHT OF WITHDRAWAL
If you are contracting as a consumer, you shall be entitled to withdraw from the Contract within a period of 14 days from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods, without giving any reason. However, this right of withdrawal does not apply to the purchase of gift-cards (worth €24, €85, €100).
To exercise the right of withdrawal, you must inform us by means of an explicit declaration sent by e-mail addressed to info.variabilek@gmail.com. In order to comply with the withdrawal period, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the end of the withdrawal period.
Once the communication containing the declaration of withdrawal has been received, VARIABILE K Customer Service will inform the Customer by e-mail informing him/her on the address to which the goods are to be returned and the return authorisation number, to be indicated on the return form, which must be attached to the product at the time of shipment. The customer shall return the goods at his/her own cost or by a courier appointed by VARIABILE K. The cost shall be calculated at the time of return.
EFFECTS OF WITHDRAWAL
If you withdraw from the Contract, we shall refund all payments you have made, excluding delivery costs, without undue delay and in any event no later than 14 days after receipt of your package. Such refunds will be made using the same means of payment that you used for the initial transaction. However, you will have to bear the shipping cost for the return of the goods. VARIABLE K reserves the right to assess the condition of the item before proceeding with the refund of the amount paid.
You are kindly requested to return the goods to the address (VARIABILE K - Corso Resina 283, 80056 Ercolano without undue delay and, in any case, within 14 days from the day your return was authorised by an operator. The deadline is met if you return the goods before the expiry of the 14-day period.
The purchased product must be returned intact and in its original packaging, complete in all its parts. Otherwise, VARIABILE K reserves the right not to accept the returned goods and to send them back to the Customer at the latter's expense. Affixing labels or adhesive tapes directly on the original product packaging is to be avoided in all cases. In case of damage to the goods during transport, VARIABILE K will inform the Customer of what has happened (within five working days from receipt of the product in its warehouses), to allow the Customer to raise a timely claim against the courier chosen by him/her and to obtain reimbursement of the value of the product (if insured by the Customer).
VARIABLE K is not liable for damage, theft or loss of products returned by uninsured shipments at the Customer's care and expense.
In order to be able to withdraw and consequently make a return, the Customer must comply with specific conditions:
- The items to be returned must not have been worn, ironed, washed or treated in any way.
- Items must necessarily be returned in the same condition in which they were sent to the Customer
LEGAL GUARANTEE OF CONFORMITY
In accordance with art. 128 et seq. of the Consumer Code, Products with conformity defects at the time of delivery, which become apparent within 2 years of delivery and which are reported to VARIABILE K within 2 months of their discovery, may be returned and the Customer may request the repair or replacement of the same (unless repair is not possible or too costly) or secondly (if replacement is impossible or too costly) the reduction of the price paid or the termination of the purchase contract, all without additional charges. In order to benefit from warranty service, the Customer shall keep the invoice or payment receipt, which he shall receive by e-mail in electronic PDF format.
The Customer may report the existence of conformity defects, within the aforementioned deadline, by e-mail to info.variabilek@gmail.com
Defective Products shall be sent to the following address VARIABILE K, Corso Resina 283, 80056 Ercolano (NA)
In the event of termination of the contract, the Customer shall be refunded the total amount paid for the purchase of the Products including delivery charges.
RISERVA DI PROPRIETÀ
VARIABILE K conserva la proprietà dei Prodotti fino alla consegna e all'incasso del prezzo integrale, spese e tasse comprese.
RESERVATION OF OWNERSHIP
VARIABLE K retains ownership of the Products until the delivery and receipt of the whole payment, including costs and taxes.
INTELLECTUAL PROPERTY
All elements of the Site that are subject or not subject to an intellectual property right registration (photos, product sheets, descriptions, layouts) are exclusively owned by VARIABILE K and may not be used. All designs, models, trademarks, texts, visual or audio, comments, works, illustrations, images, reproduced on the www.variabilek.it website are protected by copyright, trademark and image rights and any other applicable intellectual property rights.
These elements are the property of VARIABILE K or its partners. Any kind of unauthorised reproduction or representation shall result in the civil and criminal liability of its author. Users who have a website or a blog and wish to publish a link that refers directly to the home page of the Variabile K website must first request permission from VARIABILE K .
Links referring to the Website and using "framing" or "in-line linking" techniques are formally prohibited. In any case, any link, even if tolerated, must be withdrawn at the simple request of VARIABLE K.
SETTLEMENT OF DISPUTES
Should a problem arise with a product that the customer has purchased on the Variabile K website, the customer may contact our customer service directly at the following e-mail address info.variabilek@gmail.com.
In the event of a dispute arising from the contractual relationship with VARIABILE K, the parties undertake to seek an out-of-court solution before taking any legal action.
All disputes relating to consumer purchases through the Site shall be submitted to the jurisdiction of the court in which they have their domicile. The applicable law is Italian law.
According to Article 49 paragraph 1 letter v) of Legislative Decree 6 September 2005 no. 206 (Consumer Code) we inform you of the possibility of using the Joint Conciliation Procedure. After 45 days from the complaint submitted to the company without receiving a response, you may activate the aforementioned Procedure. Should you decide to avail yourself of the Joint Conciliation Procedure, you must send your request to: conciliazione@consorzionetcomm.it or fax number 02/87181126. For further information please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/LaConciliazione-Paritetica.kl
In accordance with the European Regulation No. 524/2013 we also inform you that the European Commission offers Consumers and professionals within the EU the possibility to reach an out-of-court solution for complaints related to online purchases by using the online out-of-court dispute resolution platform (the "ODR platform"): http://ec.europa.eu/odr.
USA CUSTOMERS
- Disclaimer of Warranty
The Owner provides this Application "as is" and as available. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims all conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein.
Notwithstanding the above, the Owner and its subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees do not warrant that the content will be accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of the Service.
The Owner does not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by third parties through the Service nor any hyperlinked website or service. Furthermore, the Owner does not participate in or in any way monitor any transactions between Users and third party providers of products or services.
The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, arising from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be liable for any indirect, intentional, collateral, special, consequential or exemplary damages, including, without limitation, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of or inability to use the Service; and any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or User account or the information contained therein any errors, omissions or inaccuracies in the content; personal injury or property damage, of any kind, resulting from your access to or use of the Service any unauthorised access to the Owner's security servers and/or any personal information stored therein any interruption or cessation of transmissions to or from the Service; any bugs, viruses, trojans or the like that may be transmitted to or through the Service
any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, brand joint owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if Owner has been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give the user specific legal rights, and the user may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.
- Indemnification
The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising from the users access to the Service, including any data or content transmitted or received by the user;
The violation of these Terms by the User, including, but not limited to, any violation by the User of any representation or warranty set forth in these Terms
The user's infringement of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
The violation by the User of any applicable law, rule or regulation of any content posted by the User's account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by a third party with the User's personal username and password or other security measures, if any wilful misconduct by the User; or violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law
Privacy - Treatment related to sales activities
Privacy Policy in compliance with Art. 13 of Legislative Decree no. 196/2003 and Art. 13 of EU Reg. no. 2016/679
Liability of auxiliary third parties
VARIABILE K SRL IMPRESA SOCIALE is not responsible for the actions of third parties who, as independent auxiliaries, intervene in the management or execution of payment operations, delivery of goods and any other operation connected to the execution of contracts concluded through the website.
Last updates 2/11/2023