TERMS AND CONDITIONS
Last update: 14/11/2023
OVERADE, a société par actions simplifiée (simplified joint stock company) with a capital of 36932 euros, registered in the PARIS Trade and Companies Register under number 518 872 031, whose registered office is located at 13 rue Georges Auric, 75019 PARIS (hereinafter referred to as "OVERADE") carries on the business of designing and marketing accessories for cyclists.
Preamble
These Terms and Conditions of Sale (hereinafter referred to as the "TC") apply to all orders placed with OVERADE by its French or foreign customers (hereinafter referred to individually or collectively as the "Customer(s)") on its website www.overade.com (hereinafter referred to as the "Website"). The placing of any order implies the Customer's unreserved acceptance of these TC. Any waiver of one of the clauses hereof or any invalidity of one of the clauses hereof shall have no effect on the other conditions set out below. The fact of not availing oneself, at a given time, of any of the provisions of these TC may not be interpreted as a waiver by OVERADE of its right to avail itself of the said conditions at a later date. These TC may be modified at any time.
1. Orders
Taking an order on the Site is subject to compliance with the procedure put in place by OVERADE represented by a succession of steps that the Customer must follow in order to validate his order. Before validating their order, Customers will have the opportunity to check the details of their order, including its total price, and may correct any errors, in particular their delivery address. Any validation of the order will constitute confirmation of the Customer's acceptance of the order and these TC.
OVERADE will send a confirmation email summarising the order (products, prices, quantities, etc.) to the email address provided by the Customer when the order was placed. To this end, the Customer formally accepts the use of electronic mail to confirm the content of his/her order by OVERADE. This email is deemed to be an acknowledgement of receipt of the order by OVERADE. In the absence of proof to the contrary, the data recorded by OVERADE constitutes proof of all transactions.
2. Product availability
The product offers proposed on the Site are only valid while stocks last. If a product is unavailable after the Customer has placed an order, OVERADE undertakes to keep the Customer informed and to indicate the estimated waiting time for receipt of the product ordered. If the Customer so wishes, they may request an exchange of the product ordered for a product of an equivalent price. The Customer may also request a credit note or a refund for the unavailable product. If the product is reimbursed, this will be done within a maximum of 30 days following the Customer's payment date. The refund may be made by any means of payment.
3. Prices
The products are sold at the prices in force on the Site, when the order is registered by OVERADE. The prices charged by OVERADE are indicated in euros or in another currency, and include all taxes. They do not include shipping costs, which are invoiced, where applicable, in addition on the basis of the rate applicable on the day of the order, nor any customs duties, local taxes or import costs, which remain payable by the Customer.
An invoice is drawn up by OVERADE when the order is concluded and is sent by email to the Customer.
OVERADE reserves the right to modify product prices at any time.
4. Payment for products
The price is immediately payable, in full, on the day the order is placed by the Customer, by credit card or by transfer from a Paypal account.
Credit card payments are made using secure transactions ensured by the Shopify Payments solution, directly on the Shopify server. OVERADE and the Site host do not have access to any data relating to the Customer's means of payment. The Customer therefore acknowledges that at no time will the Customer's bank details pass through OVERADE's computer system, which cannot therefore be held liable in the event of fraudulent removal of the Customer's bank details.
5. Deliveries
OVERADE offers to deliver the products to the countries indicated on the list of delivery countries appearing on the Site on the day of the order. The list of delivery countries may vary depending on the nature of the products ordered.
The products are sent by the usual postal services or by carrier. OVERADE will do its utmost to deliver the orders as quickly as possible, nevertheless the delivery times are given as an indication at the time of the order and as such cannot engage the responsibility of OVERADE nor give the right to any compensation to the Customer in the event of late delivery. Similarly, OVERADE shall not be held liable in the event of loss of the parcel, or in the event of an order indicated as "delivered" but not having reached the Customer.
The Customer is required to check the condition of the products delivered. The Customer has a period of 48 hours from receipt of the products in which to make a written complaint to OVERADE about the non-conformity or apparent defect of the products delivered, with all the relevant supporting documents. Once this period has elapsed and if these formalities have not been complied with, the products shall be deemed to be compliant and free of any apparent defect and no claim may be validly accepted by OVERADE.
In the event of an incomplete address or incorrect delivery address provided by the Customer, the new shipment will be invoiced in addition to the order. In the event of free delivery, the new shipment will be invoiced.
6. Product returns
The Customer has a period of fourteen (14) clear days in which to exercise his/her right of withdrawal from receipt of the products. They may do so without having to justify their reasons or pay any penalties. The cost of returning the goods will be supported by OVERADE. When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Each return notification must be made within fourteen (14) days of receipt of the products by the Customer, by email to shop@overade.com. Upon confirmation of the return by OVERADE by email, a returns form to be completed will be sent. The Customer must print it out and put it in the parcel. A few minutes later, a 2nd email containing the shipping label will be sent by OVERADE to the Customer. The product must be returned in its original packaging and condition. The returned product must be returned to OVERADE no later than fourteen (14) days following the date of notification of the return by the Customer to OVERADE. The Customer may choose to exchange the product for a product of an equivalent price, obtain a credit note or have the product refunded. In the event of reimbursement of the product, this will be made within a maximum of fourteen (14) days following the date of notification of the return by the Customer to OVERADE. The refund will be made using the same means of payment as that used by the Customer when placing the order.Furthermore, any product that is incomplete, damaged and/or whose original packaging has been damaged may not be taken back, exchanged or reimbursed.
7. Customer service
For any question concerning the Site you can contact OVERADE:
by email: shop@overade.com
by telephone: Monday to Friday from 9.30 a.m. to 6 p.m., Paris time, France, on +33 (0)1 84 16 10 29
8. Property rights
The products sold remain the property of OVERADE until full payment of the order by the Customer, regardless of the date of delivery of said products.
9. Obligations of the Customer
OVERADE points out that unemancipated minors do not have the legal capacity to enter into contracts. Consequently, orders intended for minors must be placed by their legal representative.
The Customer must use the products in accordance with the user manual enclosed with them. The Customer is solely responsible for the choice of products, their storage conditions and their use.
Various information is available on the site to help the Customer choose the right size of products. OVERADE cannot therefore be held responsible if the size of a product is not suitable..
The helmets sold by OVERADE are approved and may comply with several safety standards explicitly indicated in the details of each product on the Site. In the event that the country in which the Customer will use his helmet imposes certain safety standards relating to the wearing of bicycle helmets, it is the Customer's responsibility to check for himself whether the product ordered complies with the standards of that country. Consequently, OVERADE may not be held liable if a Customer nevertheless decides to order a product that does not comply with the legislation of his/her country.
10. Guarantees/Liability of OVERADE
The products marketed by OVERADE comply with the legislation and/or regulations and/or standards in force on the date of their sale to the Customer and are covered by the legal guarantee of conformity (L211-1 et seq. of the French Consumer Code) and by the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code). OVERADE also offers a two (2) year commercial guarantee on its products, valid from the date of purchase of said products.
The hidden defects guarantee and the commercial guarantee shall only be granted insofar as the Customer has complied with the normal conditions of storage and has complied perfectly with the recommendations and has complied with the normal conditions of use of the products. Any defective item, whether a hidden defect or an apparent defect, will be returned after confirmation by OVERADE with carriage paid by the Customer. OVERADE's guarantee is limited to the replacement of the defective products (subject to availability) or to their reimbursement or the establishment of a credit note. Product refunds will be made within a maximum of 14 days following the date of confirmation of the return by OVERADE.
The photographs, texts or characteristics illustrating the products are not contractual and therefore do not engage the responsibility of OVERADE.
OVERADE may not be held liable for the non-performance of a contract in the event of the unavailability of a product, force majeure as usually recognised by French case law, reasons attributable to the Customer or the unforeseeable and insurmountable act of a third party to the contract.
Under no circumstances shall OVERADE be liable to pay the Customer any compensation or damages for any reason whatsoever, the liability of OVERADE being limited to the sum paid by the Customer.
11. Data processing and freedom
The information collected by OVERADE when a Customer places an order is necessary for the management of the transaction and to this end may be communicated in whole or in part to OVERADE's service providers involved in the execution of the order. In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, the Customer has the right to access, rectify, oppose and delete data concerning him/her.
The Customer's personal data may be used for commercial prospecting purposes by electronic means, by OVERADE or by its partner companies, subject to having obtained the prior and express agreement of the Customer by means of ticking boxes on the Customer identification form.
12. Intellectual Property Rights
OVERADE holds all intellectual property rights and, as such, in particular patents and trademarks covering the products sold to the Customer under the brand name "OVERADE" and/or any other brand name used by OVERADE.
All of the content published on the Site, including in particular the texts, descriptions, photos, illustrations and comments, is protected by French and international copyright and intellectual property laws. As such, any use or reproduction of this content, whether in whole or in part, is strictly prohibited and constitutes an infringement punishable by articles L.335-2 et seq. of the French Intellectual Property Code, except with the prior agreement of OVERADE.
13. Mediation
In the event of a dispute relating to these general terms and conditions, the Customer may have recourse free of charge to a consumer mediator in accordance with articles L152-1 of the Consumer Code. The Customer may, if he/she so wishes, refer the matter to the consumer mediator :
Médiation - vivons mieux ensemble :https://www.mediation-vivons-mieux-ensemble.frmediation@vivons-mieux-ensemble.fr
14. Applicable law - Competent jurisdiction
The entire contractual relationship between OVERADE and the Customer arising from the application of these TC, any special agreements that may be concluded and all disputes arising therefrom, whatever their nature, shall be subject in all respects to French law. The parties agree to do their utmost to resolve amicably any disagreements that may arise from the interpretation, performance or termination of the commercial relationship between OVERADE and the Customer. If mediation fails, the Commercial Court of Paris (France) shall have sole jurisdiction, even in the event of multiple defendants or the introduction of third parties. The Customer accepts this attribution of jurisdiction without any restriction or reservation.
