Last updated: 10/02/2023
OVERADE, a French simplified joint stock company with a share capital of €36,932 euros, registered at the Paris Commercial and Companies Registry under the number 518 872 031 and based at 13 rue Georges Auric, 75019 Paris, France (hereafter referred to as "OVERADE"), is engaged in the design and marketing of accessories for cyclists.
Preamble
These Terms and Conditions (hereafter referred to as "Terms") apply to all orders placed with OVERADE by its French or foreign customers (hereafter individually or collectively referred to as (the) "Customer(s)") on its www.overade.com website (hereafter referred to as the "Website"). Any order that is placed by the Customer implies that he or she unconditionally accepts these Terms. Any deviation from any of the present clauses or the nullity of any of the present clauses shall not affect the other conditions set forth below. In the event that one of the clauses of these Terms is at any given time not exercised, this cannot be construed as a waiver by OVERADE of the right to exercise any of the said conditions at a later time. These Terms are subject to change at any time.
1. Orders
Orders placed on the Website are subject to compliance with the procedures established by OVERADE; they are represented by a sequence of steps that the Customer must follow to validate the order. Before confirming an order, the Customer will be able to verify its details, including the total price, and he or she will be able to correct any errors, including the shipping address. The validation of an order constitutes acceptance by the Customer of the order as well as these Terms.
OVERADE will send a confirmation email summarising the order (products, prices, quantities...) to the email address provided by the Customer during the placement of the order. As such, the Customer formally accepts the use of electronic mail by OVERADE for confirmation of the contents of the order. This email is to be considered an acknowledgement of receipt of the order by OVERADE. Unless proven otherwise, the data recorded by OVERADE constitutes proof of all the transactions that were made.
2. Product availability
The product offers listed on the Website are only valid within the limits of available stocks. In the event that a product is unavailable after it has been ordered by the Customer, OVERADE undertakes to keep him or her informed and to indicate the estimated time necessary for the ordered product to be delivered. If the Customer wishes, he or she may request to exchange the ordered product for a product of equivalent price. The Customer will also be able to request a voucher for store credit or a refund of the unavailable product. In the event of a product refund, it will be made within a maximum period of 30 days following the date of payment by the Customer. The refund can be made using any means of payment.
3. Prices
Products are sold at the applicable prices listed on the Website at the time that the order is recorded by OVERADE. The prices charged by OVERADE are denominated in Euros and inclusive of all taxes. They do not include any additional transportation costs that may be charged, which are based on the rates applicable on the date of the order, or any duties, local taxes or import charges that are to be borne by the Customer.
An invoice is issued by OVERADE upon delivery of the ordered product. It is available to the Customer on the Website in the "My account> Order history and details" section.
OVERADE reserves the right to update its product prices at any time.
4. Order payment
The purchase price is 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 via secure transactions provided by the BNP Paribas bank, directly on the bank's payment server. OVERADE and the Website's host do not have any access to data relating to the Customer's payment methods. The Customer thereby acknowledges that in no event does his or her banking data ever transit through computer systems owned by OVERADE, which means that the company can therefore not be held liable in the event of theft of the Customer's bank details.
5. Deliveries
OVERADE proposes the delivery of its products to the countries specified in the list of countries it delivers to displayed on the Website on the date of the order. The list of countries it delivers to may vary depending on the nature of the products ordered.
Products are shipped using regular postal services or carriers. OVERADE will do everything it can to deliver orders as soon as possible, however delivery times given at the time of the order are indicative and, as such, OVERADE cannot be held liable nor is the Customer entitled to any sort of compensation in the event of a late delivery. Similarly, OVERADE cannot be held liable for any lost shipments, or for any shipment reported as "delivered" that has not been received by the Customer.
The Customer must check the condition of the products that were delivered. He or she has a 48-hour period (beginning upon receipt of the goods) to submit a written claim to OVERADE in the event of nonconformity or apparent defects in the delivered goods, along with all supporting documents. Beyond this period, and in the event of failure to comply with these formalities, the products will be deemed compliant and free from any apparent defects and no claims can be validly accepted by OVERADE.
In the event that the Customer provides an incomplete or incorrect shipping address, the new shipping costs will be charged in addition to the order. In the event of a free delivery of the original shipment, the new shipment will be charged.
6. Product returns
The Customer is entitled to a period of fourteen (14) complete days to exercise his or her right to return the products after receipt of the products. He or she can do so without having to provide any reasons or incurring any penalties except for the return shipping costs which are his or her responsibility. In the event that the fourteen (14) day period expires on a Saturday, Sunday or a holiday, it is extended until the next business day.
Each notification of return must be made within fourteen (14) days after the Customer has received the products, on the Website in the "My account> Order history and details" section, by selecting the product which is to be returned from the relevant order. Once the return has been confirmed by OVERADE, the Customer will have access to a return label. It must be printed and attached to the product, which must be sent back in its original packaging and condition to the address displayed on the return label. The returned product must be returned to OVERADE no later than fourteen (14) days following the date that the Customer has notified OVERADE of the return. The Customer may choose to exchange the product for a product of equivalent price, get store credit or obtain a refund for the product. In the event of a refund of the product, it will be made within a maximum period of fourteen (14) days following the date that the Customer has notified OVERADE of the return. The refund will be made using the same method of payment used by the Customer for the purchase.
Furthermore, any product incomplete, damaged and / or whose original packaging has been damaged, will not be resumed, exchanged or refunded.
7. Customer service
If you have any questions regarding the website please contact OVERADE:
by email: shop@overade.com
by phone: +33 (0)1 84 16 10 29 (from 9:30 to 18:00, cost of a local call when called from France)
8. Retention of title
Products sold remain OVERADE's property until full payment of the order by the Customer, regardless of the date said products have been delivered.
9. Customer obligations
OVERADE reminds users that unemancipated minors do not have the legal capacity to enter into contracts. Therefore, orders intended for minors must be handled by their legal representatives.
The Customer must use the products in accordance with the owner's manuals that are included with them and that are available for download along with each product's details on the Website. The Customer is solely responsible for his or her choice of products, how they are stored and their use.
A size guide is available on the Website to help the Customer choose products that are the right size. OVERADE therefore cannot be held responsible if the size of a product is not suitable.
Helmets sold by OVERADE are certified and comply with several safety standards, which are explicitly indicated in each product's respective details on the Website. In the event that the country in which Customer shall use his helmet imposes certain bike helmet safety standards, it is the Customer's responsibility to verify on his or her own whether or not the ordered item complies with the country's standards. Consequently, OVERADE cannot be held liable if a Customer nevertheless decides to order a product that does not comply with his or her country's laws.
10. OVERADE Guaranties / Responsibilities
The products marketed by OVERADE comply with the laws and/or regulations and/or standards that are applicable on the date of sale to the Customer and are covered by the legal guarantee of conformity (L211-1 and the following one of the Consumer Code) and by a warranty against hidden defects (articles 1641 and the following ones of the Civil Code). OVERADE also offers a commercial warranty of its products that is valid two (2) years from the date these products have been purchased.
The guarantee against hidden defects and the commercial warranty will only be granted insofar as the Customer has complied with normal product storage conditions and has fully complied with the product recommendations and has used the products in a normal manner. Any defective item, whether a latent defect or an apparent defect, will be returned - at the Customer's expense - after confirmation by OVERADE. OVERADE's guarantee is limited to replacement of the defective products (subject to availability) or their refund or the issuing of a store credit voucher. Product refunds will be made within a maximum period of 14 days following the date that OVERADE has confirmed the return.
The photographs, texts and features illustrating the products are non-contractual. OVERADE therefore cannot be held liable for them.
OVERADE cannot be held liable for: breach of a contract in the event a product is not available, force majeure as normally recognised by French law, situations caused by the Customer, or unpredictable and insurmountable situations caused by third parties.
In no event can OVERADE be held liable to pay the Customer any amounts for compensation or damages for any cause whatsoever. OVERADE's responsibility is limited to the amount paid by the Customer.
11. IT and freedom
Information gathered by OVERADE during a Customer order is required to manage the transaction and, for this purpose, it may be disclosed in whole or in part to OVERADE's service providers involved in the context of the fulfilment of the order. In compliance with "IT and freedom" law no. 78-17 passed on 6 January 1978, the Customer has the right to access, correct, modify and delete any personal information that pertain to him or her.
The Customer's personal data may be used for electronic marketing purposes, by OVERADE or by its partner companies, subject to the prior and express agreement by the Customer using check boxes on Customer's identification form.
12. Intellectual property
OVERADE owns all intellectual property rights and, in this capacity, the patents and trademarks covering the products sold to the Customer under the "OVERADE" brand and/or any other brand used by OVERADE.
All content published on the Website including texts, descriptions, photos, illustrations and comments are protected by French and international legislation on copyright and intellectual property rights. As such, any use or reproduction of this content, whether total or partial, is strictly prohibited and constitutes infringement punishable by articles L.335-2 and the following ones of the Intellectual Property Code, unless prior written agreement has been obtained from OVERADE.
13. Mediation
In the event of any dispute relating to these terms and conditions, the Customer has the right to free use of a consumer mediator in accordance with Articles L152-1 of the French Consumer Code. The Customer, if he wishes, may contact the consumer mediator:
Médiation - vivons mieux ensemble :
https://www.mediation-vivons-mieux-ensemble.fr
mediation@vivons-mieux-ensemble.fr
14. Applicable law - Jurisdiction - Translation
The entire contractual relationship between the Customer and OVERADE arising from the application of these Terms, any special arrangements that may be entered into and all disputes arising regardless of their nature shall be subject in all respects to French law. The parties agree to make every effort to amicably resolve any disagreements that may arise from the interpretation, performance or termination of commercial relations between OVERADE and the Customer. In the event that mediation fails, the Paris Tribunal of Commerce (France) shall have exclusive jurisdiction, even if several defendants or third parties are involved. The Customer unconditionally accepts this assignment of jurisdiction without reservations.
These Terms were translated from French to English for Customer's understanding. In the event of any dispute the French version of these Terms should be considered binding.