ARTICLE 1 – Scope of application

The present General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reserve, to all sales concluded by the Seller with non-professional buyers (“The Customers” or “the Customer”), wishing to acquire the products offered for sale (“the Products”) by the Seller on the overstated.fr website. The Products offered for sale on the site are the following: clothing.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site overstated.fr what the customer is held to take note before ordering.

The choice and the purchase of a Product are of the only responsibility of the Customer.

These CGV are accessible at any time on the site https://overstated.fr and will prevail on any other document.

The Customer declares to have taken knowledge of the present GCS and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of online order of the overstated.fr site.

Except contrary proof, the data recorded in the computer system of the Salesman constitute the proof of the whole of the transactions concluded with the Customer.

ARTICLE 2 – Price

The Products are provided at the prices in force appearing on the overstated.fr site, at the time of the recording of the order by the Salesman.

The prices are expressed in Euros, including all taxes.

The prices take into account possible reductions which would be granted by the Salesman on the overstated.fr site.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, out of the validity period, to modify the prices at any time.

The payment requested from the Customer corresponds to the total amount of the purchase, including these expenses.

An invoice shall be issued by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is up to the Customer to select on the site overstated.fr the Products he wants to order, according to the following modalities: the customer chooses a product that he puts in his basket, a product that he can delete or modify before validating his order and accepting the present general conditions of sale. He will then enter his details or connect to his customer area and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the customer according to the terms and conditions.

The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.

The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any error.

Any order placed on the overstated.fr website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.

The Customer can follow the evolution of his order on the site.

ARTICLE 4 – Terms of payment

The price is paid by secure payment, according to the following terms:

The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider intervening for the banking transactions carried out on the overstated.fr site.

The payments made by the Customer will be considered as final only after effective collection by the Seller of the amounts due.

The Seller will not be held to proceed to the delivery of the Products ordered by the Customer if this one does not pay him the price in totality in the conditions indicated above.

ARTICLE 5 – Deliveries

Deliveries are made within 5 to 10 working days (Europe) after the reception of the payment to the address indicated by the Customer when ordering on the site.

The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the ordered Products were not delivered within 3 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.

In the event of a particular request by the Customer concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, upon prior written acceptance by the Customer.

The Customer is required to check the condition of the products delivered. The Customer has a period of 48 hours from the date of delivery to make claims by e-mail, accompanied by all related documents (notably photos). After this period and in the absence of having respected these formalities, the Products will be deemed to be in conformity and free of any apparent defect and no complaint will be validly accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 – Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – Right of withdrawal

According to the terms of article L221-18 of the Code of Consumption “

For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.

The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GCS.

The returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing their remarketing in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not accepted.

The cost of return will be charged to the Customer.

The exchange being impossible any refunding will be carried out within 14 days as from the reception, by the Salesman, of the Products turned over by the Customer under the conditions envisaged with the present article.

ARTICLE 8 – Responsibility of the Seller – Guarantees

The Products supplied by the Seller benefit from :

– the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,

– the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered Products and making them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

“The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

“The good is in conformity with the contract:

1° If it is fit for the purpose usually expected of a similar good and, where appropriate :

– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

– if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

“The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article 1641 of the Civil Code.

“The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price if he had known about them.

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

Article L217-16 of the Consumer Code.

“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer’s request for intervention or from the time the item is made available for repair if this is after the request for intervention.

In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.

The Seller shall refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective.

Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts.

Refunds, replacements or repairs of Products deemed non-conforming or defective will be made as soon as possible and at the latest within 14 days following the finding by the Seller of the non-conformity or hidden defect. This refund can be made by bank transfer or check.

The responsibility of the Salesman could not be committed in the following cases:

– non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,

– in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.

– The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The guarantee of the Seller is, in any case, limited to the replacement or the refunding of the Products not in conformity or affected by a defect.

ARTICLE 9 – Personal data

9.1 Collection of personal data

The personal data that are collected on the site overstated.fr are the following:

Order of Products:

During the order of Products by the Customer:

Payment

Within the framework of the payment of the Products proposed on the overstated.fr site, this one records financial data relating to the bank account or the credit card of the Customer / user.

9.2 Recipients of personal data

9.3 Person in charge of the treatment

9.4 Limitation of the treatment

Unless the Customer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller shall keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Customer and user rights

In application of the regulations applicable to personal data, the Customers and users of the overstated.fr site have the following rights:

– They can update or delete their data in the following way: by sending an e-mail to the following address: contact@overstated.fr .

– They can delete their account by writing to the e-mail address indicated in the article 9.3 “Person in charge of treatment”.

– They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.

– If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller”.

– They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller”.

– They may also request the portability of data held by the Seller to another service provider

– Finally, they may object to the processing of their data by the Seller

These rights, as long as they do not object to the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.

The person in charge of processing must give a reply within a maximum of one month.

In the event of refusal to grant the Customer’s request, reasons must be given.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility of withdrawing his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – Intellectual property

The content of the overstated.fr website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeit.

ARTICLE 11 – Applicable law – Language

The present GTC and the operations which result from it are governed and subjected to French law.

The present GTC are written in the French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 – Litigation

For any complaint, please contact customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of the present GTC.

The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of a dispute.

All disputes arising from the purchase and sale operations concluded in the application of these GTC and which have not been amicably settled by the seller or by mediation, will be submitted to the competent courts under the conditions of common law.