MARKETPLACE TERMS AND CONDITIONS
These are our Terms and Conditions. When you place an order at overcube you accept the Terms and Conditions presented on this page.
1.2 By using overcube Marketplace, the User (User or Registered User) agrees to 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 overcube services, and should leave immediately. For further clarification, Users can reach the Customer Service, through the Contact Form available in the Marketplace Help Center, in 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).
1.4Overcube 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 email@example.com, and the Customer Service number is +44330 808 1701.
2. ORDER CONTRACT
2.1 Placing an Order. To acquire any Items in overcube, Customers need to place an order by following the order online procedure, available in the FAQ “How can I buy in Overcube?”, available in 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) Identification of the Partner that is selling the Item.
2.1.2 During the ordering process the Customer is able to consult the Terms and Conditions and the Free Contract Termination Form, at any time.
2.1.3 The Customer can only place an order online if he meets the requirements from point 2.4 and if he agrees with the Terms and Conditions, by ticking the specific field with the following text: “I have read and agree”.
2.1.4 To complete the purchase, the Customer needs to click the button “Next”, recognizing 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 and the Free Contract Termination Form are 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, the 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; it will also be available, in digital format, in My Account. If the Customer would like to have another copy, this should be requested directly to overcube, using the Contact Form available in 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: 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. The Customer can also create an account using social media data, such as Facebook, Linkedin or Google.
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 by no 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 some of them are not available, the Customer can decide to cancel the whole order (Full Cancellation), or to keep the rest of the items (Partial Cancellation). The Customer will be fully refunded, if he decides to go with the Full Cancellation, or for the amount correspondent to the item canceled, if he 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 mention in section 8.1.4.
4.1 The prices are set by the Partners and they 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 he doesn’t answer within 10 days, he will be fully reimbursed, shipping costs included, 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 MB WAY. 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 he is the credit card owner and that he authorises the payment and agrees 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 and time will be available during the shopping process and before the payment is concluded.
6.2 The options available may vary depending on the delivery location.
6.3 The delivery time is an estimate, however overcube must do all efforts to fulfill 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 It is also possible that if an Order has more than one Item they arrive separately.
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 30 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 30 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, they can arrive separately and in different occasions, 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, they will be considered abandoned and will be destroyed, without any compensation to the Customer.
9. RETURNS AND EXCHANGES
9.1 Returns - The Customer is able to return defective or incorrect Items within 30 days, counting from the first day after their delivery.
9.1.1 A defective Item is an Item that doesn’t fulfill 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.
10.1 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 Items’ photographs and the original pieces.
11.3 If the Customer wishes to have additional Information about the Items, he should contact overcube Customer Service, using the Contact Form available in the Help Center in help.overcube.com.
11.4 Overcube offers an evaluation system, where the Customer can rate the Items purchased in the Marketplace.
12. PERSONAL DATA
12.1 The Customer’s personal information provided to overcube will be treated with respect according to the current legislation.
13. INTELLECTUAL PROPERTY
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 fulfill 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, he should use the Contact Form, available at the Help Center, in 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.
17.1 The epigraphs of these clauses and their paragraphs have been included for convenience and they 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.
March 16th, 2018. Overcube has the right to review or amend these Terms and Conditions. Registered Customers will be duly notified of these changes, in My Account.