Terms of service

These are our Terms and Conditions. When placing an order at Overcube you accept the Terms and Conditions presented on this page.

 

1. General

1.1 This Marketplace’s Terms and Conditions (Terms and Conditions) set out the legal terms between the online platform Overcube and Overcube users. The Terms and Conditions will include all the information that Users need to know before the contract has proceeded. The online platform mentioned above is Overcube, S.A. (Overcube), which will be better described in point 1.5, and is accessible to the public via https://eu.overcube.com/ (Marketplace). These Terms and Conditions will also set the Marketplace User Policy and Privacy Policy.

1.2 By using the Overcube Marketplace, the User (User or Registered User) agrees to be bound by these Terms and Conditions. If the User doesn’t agree with these Terms and Conditions, the User will not be able to use the Overcube services, and should exit the Marketplace immediately. For further clarification, Users can reach Overcube’s Customer Service, through the Contact Form available in the Marketplace Help Center, at https://help.overcube.com/.

1.3 The Marketplace services consist in selling fashion items online, namely shoes, clothing and accessories (Items / Products) from a large number of brands (Partners).

1.4 Overcube stands for the Partners (representing them and charging in their behalf) and will be responsible for managing the relationship with the person that acquires services online (the Customer). All Marketplace sales are considered celebrated between the Customer and the Partner.

1.5 Overcube, S.A. is based in Rua Abílio Lopes das Neves, n.º 593, Guimarães, Portugal, with the share capital of €500.000,00, registered in Conservatória do Registo Comercial, with the VAT number 514 510 781. Overcube email address is customerservice@overcube.com, and the Customer Service number is +44 330 808 1701 or +351 300 600 191

 

2. Order Contract

2.1 Placing an Order. To acquire any Items from Overcube, Customers need to place an order by following the order online procedure, available in the FAQ “How can I place an order with Overcube?”, available at https://help.overcube.com/.

2.1.1 Besides the pre-order information provided via these Terms and Conditions, Product Information will be given to the Customer, during the ordering process, such as:

a) General information about the Items, like brand, model, size and color.

b) Price, including taxes and, when applicable, shipping costs, supported by the Customer.

c) Partner identification that is selling the Item.

2.1.2 During the ordering process the Customer is able to consult the Terms and Conditions at any time.

2.1.3 The Customer can only place an order online if requirements from point 2.1.4. are met. By placing an order, the customer automatically declares that the Terms and Conditions here presented have been read and agreed with.

2.1.4 To complete the purchase, the Customer needs to click the button “Next”, recognising that he accepts the order and that he agrees with the payment obligation, using any of the payment methods available, and following the payment instructions.

2.1.5 Product information, the Terms and Conditions is part of the Contract.

2.2 Order Confirmation. After placing the order properly, an email will be forwarded to the email address provided by the Customer, within a maximum period of 24 hours, to confirm the purchase and that the Customer agreed with the Terms and Conditions. This Email Confirmation will contain the Order Number, the Order Date, Information about the purchased Products, shipping address, provided by the customer, as well as the payment and shipping method selected. Once this email is received, the Contract is considered valid. The invoice, issued by the Partner, will be sent in paper along with the purchased Items. If the Customer would like to have another copy, this should be requested directly to Overcube, using the Contact Form available in https://help.overcube.com/.

2.3 Geographical Constraints. Orders can be placed to be delivered in any country within the European Union. More details can be found here: https://help.overcube.com/

2.4 Majority and Legal Capability. Contracts with the Marketplace can only be celebrated with people over 18 years old and legally capable. The celebration of the Contract can only be valid if the Customer declares that he meets the eligibility criteria, and that all the information provided is true.

2.5 My Account. Creating an account can be done at any moment, this is actually suggested by the website as a step, before moving to the payment section, when placing an order. The information needed to create an account is: name, email and shipping address. 

 

3. Order Cancellation

3.1 Orders placed in the Marketplace can be canceled in the following situations: 
a) The Item is unavailable; 
b) The Customer did not complete the payment for the amount stipulated in the Contract.

3.2 An Order Cancellation automatically ends the Contract.

3.3 The Customer is informed of the Order Cancellation via email, to the email address provided, as brief as possible, in a maximum period of 30 days, counting from the day when the Order Confirmation Email is sent.

3.4 If an Order is canceled due to lack of stock, the Customer is fully reimbursed, including the shipping costs. The refund should be processed immediately, in a maximum period of 14 days, from the day when the Customer received the Order Confirmation Email, as set in section 8.1.4.

3.5 Besides what is described on section 3.4, if an Order is cancelled, Overcube does not owe any amount to the Customer, such as interests, indemnification or compensation.

3.6 If the Customer places an Order for two or more Items and one or more of items are not available, the Customer can decide to cancel the whole order (Full Cancellation), or keep the rest of the items (Partial Cancellation). The Customer will be fully refunded, if customer decides to go with the Full Cancellation, or for the amount correspondent to the item canceled, if the customer partially cancels the order. In both situations, the Customer will be refunded immediately, in a maximum period of 14 days, counting from the date when the customer made this decision, as mentioned in section 8.1.4.

 

4. Pricing

4.1 The prices are set by the Partners and can be altered at any time; these changes will not affect orders that are already being processed under the terms discussed in section 2.2.

4.2 The prices shown on the Marketplace already include the legal VAT. To this price, shipping costs will be added, if that is the case.

4.3 The Item prices are set in Euros; all Customers payments will be processed in this currency.

4.4 The Item prices are the ones displayed, unless any errors occur, detected by Overcube before orders are delivered. In such cases, the Customer will immediately be notified via email. The Customer then should decide if he would like to keep the order and honor the correct price, or to cancel the Order. If the Customer chooses the cancellation or if customer doesn’t answer within 10 days, a full reimbursement, shipping costs included, will be provided and the Contract will be canceled. The refund should be processed within a maximum of 14 days, starting from the date when the Order is canceled, as per section 8.1.4.

 

5. Payment Methods

5.1 The payment methods available for the Customer, in the Marketplace are: Credit Card (Visa, Mastercard, American Express), PayPal and Apple Pay. Paying via ATM Reference is also available, but only if the Customer is located in Portugal. Regarding credit card payments, by clicking on "Authorise Payment", the Customer confirms they are the credit card owner and that they authorise the payment and agree with the Marketplace terms.

5.2 All payments processed by Customers will go to an Overcube bank account, as agreed between the Marketplace and the Partners.

 

6. Product Delivery

6.1 The delivery options will be presented during the shopping process and before the payment is concluded.

6.2 The options available may vary depending on the product and delivery location.

6.2.1 Our orders are delivered to the following countries:

- Austria

- Belgium

- Bulgaria

- Croatia

- Cyprus

- Czech Republic

- Denmark

- Estonia

- Finland

- France (in exception to: Martinique, French Guiana, Réunion and Guadeloupe)

- Germany (in exception to: Buesingen)

- Greece (in exception to: Month Athos)

- Hungary

- Ireland

- Italy (in exception to: San Marino and Vatican City)

- Latvia

- Lithuania

- Luxembourg

- Netherlands

- Poland

- Portugal

- Romania

- Slovakia

- Slovenia

- Spain (in exception to: Canary Islands, territories of Ceuta and Melilla and Andorra)

- Sweden

6.3 The delivery time is an estimate, however Overcube must do all efforts to fulfil it. In all cases, the delivery must happen in a maximum period of 14 days, starting to count one day after the Customer receives the Order confirmation email, except in cases of force majeure.

6.4 Items may arrive separately, if order has more than one item.

6.5 If, for reasons that go beyond the Customer, the Order can’t be delivered, the Customer will be fully refunded, including the shipping costs, when applicable.

6.6 The delivery is considered concluded when a Customer, or someone indicated by him, is in possession of the Items.

 

7. Property and Risk Transfer

7.1 The Item will no longer belong to the Partner, but to the Customer, once the Order confirmation email is sent; the Customer will be responsible for the Item and what happens with it, from the delivery moment, as described in section 6.6, onwards.

 

8. Free Withdrawal Right

8.1 Free Withdrawal Right. Excepting the cases mentioned in section 8.1.5, the Customer has the right to end the contract with the Partner within 14 days, without any need of explanation and without any costs, besides the ones established in sections 8.1.4 and 8.1.5. As long as the Items are unworn, unwashed, undamaged, with all brand tags attached and the original packaging included, which shouldn’t be damaged or altered, besides what is considered normal for its opening.
8.1.1 The free withdrawal right is over in 14 days, counting from the day after the Customer, or someone by him indicated who is not the delivery carrier, receives the Items. If the Customer orders more than one Item, Items may arrive separately and on different occasions, if order has more than one item., so the deadline taken into consideration is the delivery date of the last Item received.

8.1.2 In order to exercise his right of free withdrawal, the Customer needs to communicate his decision using My Account or the Contact Form available at the Help Center, in help.overcube.com.

8.1.3 If the Customer exercises his right of free withdrawal, the Marketplace will collect the Items in the delivery address or another one selected by the Customer, using the means mentioned in section 8.1.2.

8.1.4 When the Customer exercises his right of free withdrawal, he will be fully refunded, including the shipping costs (except in cases when the customer selected the Express delivery option, when Overcube has a less expensive option available), immediately, in a maximum time of 14 days, counting from the date when the Partner receives the Items back and confirms what has been discussed in section 8.1. The refund will be processed to the same payment method that the Customer used when he placed the Order or as a voucher to be used in a future purchase.

8.1.5 The customer will not be able to cease the contract in cases when the Customer acquired customised goods, specially manufactured according to the Customer’s specifications, or when the Items don’t comply with the conditions mentioned in section 8.1. In these situations, no refunds will be processed and, if the Items in question have been returned to the Marketplace, the Customer should collect them, following Overcube instructions. If the Customer doesn’t collect the Items, Items will be considered abandoned and will be destroyed, without any compensation to the Customer.

 

9. Returns and Exchanges

9.1 Returns - You will have 30 days  from the date of delivery of the order to change your mind and return your item.

9.1.1 A defective Item is an Item that doesn’t fulfil with the Contract terms, according to the law in force.

9.1.2 Review sections 8.1, 8.1.1 and 8.1.4, which are also applicable in this case.

9.2 Besides the topics mentioned in this section and section 8, no other returns or exchanges will be accepted.

 

10. Warranty

10.1 Overcube doesn’t take any warranty obligation towards the Customer for any Item acquired in the Marketplace, this duty must be met by the Partner, as the supplier of the Product in question, as stated in this section. Overcube is responsible for managing the complaints, presented by the Customer, and for bringing them to the Partner.

10.2 The Customer is protected by a warranty that considers Product defects, purchased in the Marketplace, in accordance to the law. Any deterioration that results from wearing the Product is not considered a defect.

10.3 In cases when the Customer receives a defective Item, he should communicate it to Overcube, using the Contact Form, available at the Help Center Marketplace, in help.overcube.com. When the defect is confirmed, after the Item is returned, the Customer may choose to be refunded to the same payment method used for the purchase or an exchange.

10.4 After confirming the defect with the Partner, Overcube will contact the Customer and check if he prefers to go with the refund or the exchange. If the Customer chooses to have an exchange, a new Item will be sent via the same shipping method chosen before. If the Customer prefers a refund, this should be processed within a maximum of 14 days, starting from the day when Overcube learned about the Customer’s decision.

 

11. Product Information

11.1 Overcube makes all efforts to make sure the information of Items (Information) is complete, clear and accurate. The Information is based in the Product details provided by the Partners, this means that Overcube will not be liable for any damages that may occur to the Customer, if the Information is not accurate, complete or correct.

11.2 The Items’ photographs used in the Marketplace are performed with high quality with the purpose of being an accurate depiction of the original piece. However, the Customer may notice some differences in the Products, specially in colors, which can be caused by the device used to access the Marketplace. Overcube will not be liable for any damages that may occur to the Customer, caused by differences between the Item's photographs and the original pieces.

11.3 If the Customer wishes to have additional Information about the Items, Overcube Customer Service should be contacted, using the Contact Form available in the Help Center in https://help.overcube.com/.

 

12. Personal Data

12.1 The Customer’s personal information provided to Overcube will be treated with respect according to the current legislation.

12.2 To inform the Customer of the privacy and data treatment general rules that Overcube follows, in these Terms and Conditions are also included the Marketplace Privacy Policy (Privacy Policy) that covers the use of cookies, storage engines and access to information of all the details collected by Overcube, during the Contract, which can be consulted in https://eu.overcube.com/policies/privacy-policy. Please read Overcube Privacy Policy, before proceeding with any Orders in the Marketplace.

 

13. Intellectual Property

13.1 The Customer declares that he is fully aware that the content of the website, the designs, photographs, software, know-how, domains, business names, logos, brands, models and any other rights of intellectual property, registered or not, that may exist in the Marketplace or related to it, are exclusive property of Overcube or the Partners; for further details, please read the Privacy Policy available in https://eu.overcube.com/policies/privacy-policy.

 

14. Force Majeure

14.1 Nor Overcube, the Partners or the Customer will be responsible for carrying out their obligations to the Contract, when the Contract is broken for any force majeure, as described below:

14.2 “Force Majeure” is an event that stops any of the parties to fulfil with their part of the Contract, and that is not controlled by any of them, such as:

(a) Acts of war or terrorism, rebellions, riots, blockings, uprisings and civil commotion;

(b) Acts of sabotage or vandalism;

(c) Earthquakes, hurricanes, tornadoes and cyclones, storms, fires, floods or other climate/environmental extreme conditions, meteorites, shock waves caused by aerial devices, explosions, chemical or radioactive contamination;

(d) Acts of public authority (legal, governmental or other) as long as it’s not the defaulting party’s fault;

(e) Any other event that all parties agree that is force majeure.

14.3 The defaulting party must immediately notify the non-defaulting party of the force majeure event, providing reasonable proof of what happened and take all the necessary measures to limit or restrain the impact of this force majeure.

 

15. Applicable Law and Competent Court

15.1 The contractual relationship between Overcube and the Customer and the contractual relationship between the Partners and the Customer are under the Portuguese law and the Portuguese Court Jurisdiction.

 

16. Suggestions, Complaints and Alternative Consumer Dispute Resolution

16.1 When the Customer wishes to present a suggestion or complaint related to the services or products of the Marketplace, the Contact Form should be used, available at the Help Center, in https://help.overcube.com/.

16.2 In cases of dispute when none of the parties reached an agreement, the Customer, as a consumer, can always appeal to the European online platform for settlement of disputes in https://ec.europa.eu/consumers/odr

 

17. Others

17.1 The epigraphs of these clauses and their paragraphs have been included for convenience and will not affect the reading of the Terms and Conditions.

17.2 The terms and expressions used in singular or plural can be used both in singular or plural, without changing their meaning.

17.3 If any of the articles of these Terms and Conditions is declared total or partially null or invalid, inefficient or unenforceable, it will not affect the other articles or the terms of the Contract.

 

Last Update:

July 7th, 2020. Overcube has the right to review or amend these Terms and Conditions.