Terms and Conditions

 

These General Terms and Conditions of Sale are current as of November 23, 2023.

• DDefinitions

These General Terms and Conditions of Sale (hereinafter "GTC") are offered by Coton Ouaté (hereinafter "theCompany"), a simplified joint-stock company with capital of €1,000, registered in the Marseille Trade and Companies Register under number 981429533, represented by Vincent Vacher, and whose registered office is located at 96 Rue Paradis, 13006 Marseille, France.

His toll-free phone number is 07 81 88 43 96, and his email address is contact@gooverland.eu.

The Company is the owner and publisher of the website https://www.gooverland.eu/ (hereinafter "the Site"). 

The Site offers the Customer (hereinafter "the Customer") the opportunity to purchase camping, leisure, and sports equipment (hereinafter the "Products"). 

Before using the Website, the Customer must ensure that they have the technical and IT resources required to use the Website and order Products on the Website, and that their browser allows secure access to the Website. The Customer must also ensure that the IT configuration of their hardware/equipment is in good working order and free from viruses.

• Application and enforceabilityé of the terms and conditions

The purpose of these Terms and Conditions is to define all the conditions under which the Company markets the Products offered for sale to Customers on the Website. They therefore apply to any Order (hereinafter "Order") for Products placed on the Website by the Customer.

The Customer declares that they have read and accepted these Terms and Conditions before placing their Order.

Confirmation of the Order therefore constitutes acceptance of these Terms and Conditions. These are regularly updated, and the applicable Terms and Conditions are those in force on the Website on the date the Order is placed.

Any contrary condition imposed by the Customer shall therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.

The fact that the Company does not invoke any provision of these GTC at a given time shall not be interpreted as a waiver of its right to invoke any provision of these GTC at a later date.

• Ordering Products on the Website

The Company reserves the right to correct the content of the Site at any time.

The Customer can find on the product page the period during which, or the date until which, spare parts essential for the use of the product are available on the market.

The Products offered for sale are described and presented as accurately as possible. However, the Company cannot be held liable for minor variations in the color of the Product(s), and such variations do not affect the validity of the sale. 

The Customer selects the Product(s) they wish to purchase and can access their Order summary at any time.

The Order summary lists the Product(s) selected by the Customer and includes any additional costs such as delivery charges added to the price of the Product(s) in the Order. The Customer has the option to modify their Order and correct any errors before accepting their Order.

After accessing the summary of their Order, the Customer confirms acceptance of their Order by checking the box to accept the Terms and Conditions, then clicking on the Order confirmation icon. The words "Order with payment obligation" or a similar unambiguous phrase appear next to the Order confirmation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.

After acceptance of the GTC and confirmation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and is irrevocably binding on both parties.

After confirming their Order and in order to proceed with payment, the Customer enters the delivery address to which they wish the Products to be delivered, and the billing address if different. The delivery process is described in Article 5 of these T&Cs. 

The Company will then send him/her an Order confirmation by email, summarizing the details of his/her Order and the delivery and, where applicable, billing addresses provided.

After confirming their delivery details and, where applicable, billing details, the Customer proceeds to pay for their Order in accordance with the terms specified below.

• Order price and payment terms

Prices are listed on the Website in the Product descriptions, in euros, excluding tax and including all taxes.

The total amount is indicated in the Order summary before the Customer accepts these Terms and Conditions, confirms their Order, enters and confirms their delivery details and, where applicable, billing details, and proceeds to payment. This total amount includes all taxes.

Products ordered on the Website are payable in euros. Full payment must be made on the day the Customer places the Order, by credit card, unless special terms and conditions of sale have been expressly agreed between the Customer and the Company.  

In the event of payment by credit card, the Website uses the Stripe security system, a provider specializing in online payment security. This system guarantees the Customer complete confidentiality of their banking information. The credit card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Customer's banking details are not stored electronically by the Company.

The Customer guarantees the Company that they have the necessary authorizations to use the payment method when placing the Order.

The Company reserves the right to suspend or cancel any fulfillment and/or delivery of an Order, regardless of its nature and level of fulfillment, in the event of non-payment or partial payment of any amount owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

• Use of services/delivery

The product(s) offered on the Website may be delivered to destinations within the European Union.

The Company undertakes to deliver the product(s) within a period not exceeding 7 to 10 business days from the date of the Order.  

The Customer will be notified by email when their Order is ready for shipment. The product(s) ordered will be delivered to the delivery address specified by the Customer when placing their Order, under the conditions specified in Article 3 of these Terms and Conditions.

The Customer must ensure that the information provided is correct and remains so until the product(s) ordered have been delivered in full. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an email to the customer service email address without delay. Failing this, in the event of a delay and/or delivery error, the Customer may not hold the Company liable in any way for non-delivery, and the Company's customer service department will contact the Customer for a second delivery at the Customer's expense.

The Company shall also not be liable if the non-receipt of the Products is due to the actions of a third party outside its control or in the event of theft.  

If the Order is returned due to the Customer's absence, the Company's customer service department will contact the Customer to arrange a second delivery at the Customer's expense.

The Customer may track the delivery of their Order by contacting customer service at the number provided in Article 6.2 of these Terms and Conditions.  

• Customer service

For any requests for information, clarification, or complaints, the Customer must first contact the Company's customer service department so that the latter can attempt to find a solution to the problem.

The Company's customer service department is available from 9 a.m. to 6 p.m., Monday through Friday, using the following contact information:

• Phone: 07 81 88 43 96 
• Email: contact@gooverland.eu
• Mailing address: 96 Rue Paradis, 13006 Marseille, France

• EQUAL AND COMMERCIAL GUARANTEESAND COMMERCIAL

All products offered by the Company are subject to the legal warranty of conformity provided for by law, and in particular Articles L.217-4, L.217-5, and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for in Articles 1641 and 1648, first paragraph, of the Civil Code:

The non-compliant product will be replaced or repaired in accordance with the cost terms set out in the Consumer Code.

The legal guarantee of conformity applies regardless of any commercial warranty that may be granted.

Therefore, the Customer:

(i) has a period of two (2) years from the delivery of the product to take action in the event of non-conformity of the Product

(ii) is exempt from providing proof of the existence of the lack of conformity of the goods during the ten (10) months following delivery of the product,

(iii) may choose between repair or replacement of the product, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code.

In addition, the Customer may also invoke the legal warranty against hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal warranty against hidden defects entitles the Customer, within two years of discovering the defect, to a refund for a Product that has proven unsuitable for its intended use. 

The warranty against hidden defects protects the Customer against hidden defects in the purchased product that prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has two options: keep the product and request a price reduction, or return the product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code.

Il est rappelé les dispositions légales suivantes :
Art. L217-4 du Code de la Consommation : ’’Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité.’’
Art. L217-5 du Code de la Consommation : ’’ Le bien est conforme au contrat : 1° S'il est propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant (a) s'il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ;(b) s'il présente les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ; 2° Ou s'il présente les caractéristiques définies d'un commun accord par les parties ou est propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du vendeur et que ce dernier a accepté. ’’
Art. L217-7 du Code de la Consommation : ’’ Les défauts de conformité qui apparaissent dans un délai de vingt-quatre mois à partir de la délivrance du bien sont présumés exister au moment de la délivrance, sauf preuve contraire. Pour les biens vendus d'occasion, ce délai est fixé à six mois. Le vendeur peut combattre cette présomption si celle-ci n'est pas compatible avec la nature du bien ou le défaut de conformité invoqué. ’’
Art. L217-8 du Code de la Consommation : ’’ L'acheteur est en droit d'exiger la conformité du bien au contrat. Il ne peut cependant contester la conformité en invoquant un défaut qu'il connaissait ou ne pouvait ignorer lorsqu'il a contracté. Il en va de même lorsque le défaut a son origine dans les matériaux qu'il a lui-même fournis. ’’
Art. L217-9 du Code de la Consommation : ’’ En cas de défaut de conformité, l'acheteur choisit entre la réparation et le remplacement du bien. Toutefois, le vendeur peut ne pas procéder selon le choix de l'acheteur si ce choix entraîne un coût manifestement disproportionné au regard de l'autre modalité, compte tenu de la valeur du bien ou de l'importance du défaut. Il est alors tenu de procéder, sauf impossibilité, selon la modalité non choisie par l'acheteur. ’’
Art. L217-10 du Code de la Consommation : ’’ Si la réparation et le remplacement du bien sont impossibles, l'acheteur peut rendre le bien et se faire restituer le prix ou garder le bien et se faire rendre une partie du prix. La même faculté lui est ouverte : 1° Si la solution demandée, proposée ou convenue en application de l'article L. 217-9 ne peut être mise en œuvre dans le délai d'un mois suivant la réclamation de l'acheteur ; 2° Ou si cette solution ne peut l'être sans inconvénient majeur pour celui-ci compte tenu de la nature du bien et de l'usage qu'il recherche. La résolution de la vente ne peut toutefois être prononcée si le défaut de conformité est mineur. ’’
Art. L217-11 du Code de la Consommation : ’’ L'application des dispositions des articles L. 217-9 et L. 217-10 a lieu sans aucun frais pour l'acheteur. Ces mêmes dispositions ne font pas obstacle à l'allocation de dommages et intérêts. ’’
Art. L217-12 du Code de la Consommation : ’’L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. ’’
Art. L217-13 du Code de la Consommation : ’’Les dispositions de la présente section ne privent pas l'acheteur du droit d'exercer l'action résultant des vices rédhibitoires telle qu'elle résulte des articles 1641 à 1649 du code civil ou toute autre action de nature contractuelle ou extracontractuelle qui lui est reconnue par la loi. ’’
Art. 1641 du Code Civil : ’’ Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il les avait connus. ’’
Art.1642 du Code Civil : ’’ Le vendeur n'est pas tenu des vices apparents et dont l'acheteur a pu se convaincre lui-même. ’’
Art. 1643 du Code Civil : ’’ Il est tenu des vices cachés, quand même il ne les aurait pas connus, à moins que, dans ce cas, il n'ait stipulé qu'il ne sera obligé à aucune garantie.’’
Art. 1644 du Code Civil : ’’ Dans le cas des articles 1641 et 1643, l'acheteur a le choix de rendre la chose et de se faire restituer le prix, ou de garder la chose et de se faire rendre une partie du prix. ’’

Article 1646 of the Civil Code:"If the seller was unaware of the defects in the item, he shall only be liable for refunding the price and reimbursing the buyer for the costs incurred in connection with the sale." 

Article 1648 of the Civil Code: "Action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect. (...)"

If a Customer believes they have received a product that they consider to be defective or non-compliant, they must contact the Company as soon as possible after receiving the Order, at the following email address:contact@gooverland.eu, or by registered mail with acknowledgment of receipt to the following address: 96 Rue Paradis, 13006 Marseille, France, specifying the defect or non-compliance in question.

It shall be the Customer's responsibility to provide any justification regarding the identification of apparent defects and/or anomalies observed. The Customer shall give the Company every opportunity to ascertain these defects or non-conformities and to remedy them if necessary. The Customer shall refrain from intervening itself or involving a third party for this purpose.

If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer instructions on how to proceed after reviewing the complaint and, where applicable, will replace the product that the Company has found to be non-compliant or defective.

In the event that the product cannot be exchanged, the Company shall be required to reimburse the Customer within fourteen days of receiving the product. The reimbursement shall be made at the Company's discretion by crediting the Customer's bank account, although the Customer may opt for a different method of reimbursement than that proposed.  

• Customer obligations

The Customer agrees to comply with the terms of these GTC.

The Customer agrees to use the Site in accordance with the Company's instructions.

The Customer agrees to use the Website solely for personal use, in accordance with these Terms and Conditions. In this regard, the Customer agrees to refrain from:

• Use the Site in any illegal manner, for any illegal purpose, or in any manner inconsistent with these Terms and Conditions;
• To sell, copy, reproduce, rent, lend, distribute, transfer, or sublicense all or part of the content appearing on the Site, or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code, or use any software that activates or includes all or part of the Site;
• Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or damages the functionality of the Site;
• To use the Site for abusive purposes by deliberately introducing viruses or any other malicious programs and attempting to gain unauthorized access to the Site;
• Infringing on the Company's intellectual property rights and/or reselling or attempting to resell the products to third parties;
• To disparage the Site and/or the products, as well as the Company, on social media and any other means of communication.

If, for any reason, the Company considers that the Customer is not complying with these T&Cs, the Company may, at any time and at its sole discretion, remove the Customer's access to the Website and take any measures, including civil and criminal legal action, against the Customer.

• Right ofwithdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Website to exercise their right of withdrawal from the Company, without having to justify their reasons or pay a penalty.

All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts:

1° The provision of services that have been fully performed before the end of the withdrawal period and whose performance began after the consumer's prior express agreement and express waiver of their right of withdrawal;

2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which are likely to occur during the withdrawal period;

3° The supply of goods made to the consumer's specifications or clearly personalized;

4° The supply of goods that are likely to deteriorate or expire rapidly;

5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° The supply of goods which, after delivery and due to their nature, are inseparably mixed with other items;

7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limits of the spare parts and work strictly necessary to respond to the emergency;

9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° The supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications;

11° Concluded at a public auction;

12°Services involving accommodation, other than residential accommodation, transportation of goods, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period;

13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express agreement and express waiver of their right of withdrawal.

To exercise their right to cancel the Order, the Customer must notify their decision to cancel using the cancellation form provided in the appendix to these terms and conditions or by means of an unambiguous statement, without providing any justification. The Customer may communicate their decision to withdraw to the Company by any means, in particular by sending it by mail to the Company at the following address: 96 Rue Paradis, 13006 Marseille, France, or by email to contact@gooverland.eu.

If the Customer notifies the Company of their decision to withdraw, regardless of the means used, the Company will immediately send them confirmation of receipt of the withdrawal on a durable medium (in particular by email).

The Customer must return the product(s) in the same condition as they were received, with all packaging, accessories, and instructions (even if the product(s) have been unpacked), as soon as possible and no later than 14 days from the notification of the decision to withdraw from this contract, to the following address: 96 Rue Paradis, 13006 Marseille, France. In accordance with the law, the Customer shall bear the cost of returning the product(s).

In the event of withdrawal by the Customer, the refund for the Product(s) that have been subject to the right of withdrawal shall be made by the Company using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund will not incur any costs for the Customer. The refund will be made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Customer's decision to withdraw from the Order. 

In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that they are only liable to the Company for any depreciation of the product(s) returned following the exercise of their right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods.

• Responsibility

The Company shall take all appropriate measures to ensure that the Customer is supplied with quality products under optimal conditions. However, it shall in no event be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which is attributable either to the Customer, or to the unforeseeable and insurmountable actions of a third party not party to the contract, or to a case of force majeure. More generally, if the Company were to be held liable, it could not under any circumstances agree to compensate the Customer for indirect damages or damages whose existence and/or amount have not been established by evidence.

The Company shall not be held liable for any damage caused by misuse of any of its products or by failure to comply with the precautions for use and conditions of hygiene, storage, and safety when using any of its Products/Services.

The Site may contain links to other sites that are not published or controlled by the Company, which cannot be held responsible for the operation, content, or any element present on or obtained through these sites.

The inclusion of such links or references to any information, articles, or services provided by third parties cannot and should not be interpreted as express or tacit endorsement by the Company of these sites, elements, or their content.

The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information published on these websites.

It is expressly stipulated that the Company shall in no event be held liable in any way whatsoever in the event that the Customer's computer equipment or email system rejects, for example due to anti-spam software, emails sent by the Company, including, but not limited to, copies of payment receipts, order summaries, or shipping confirmation emails.

The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, which are essential conditions without which the Company would never have entered into the contract.

• Safety

The Customer undertakes not to compromise the security of the Website. To this end, the Customer undertakes not to access and/or maintain fraudulent access to the Company's information system. The Customer may not compromise or interfere with the Company's information system. Failure to comply with this provision may result in the Company taking action against the Customer, including holding them criminally liable under Articles 323-1 et seq. of the Criminal Code.

• Intellectual propertyIntellectual property and personal data

All elements of this Website and the Website itself are protected by copyright, trademark law, design rights and/or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved worldwide.

The name and trademark, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Company.

No title or right whatsoever to any element or software shall be obtained by downloading or copying elements from this Site. The Customer is strictly prohibited from reproducing (except for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the elements and software it contains, or modifying them or performing any work based on them, or selling or participating in any sale related to this Site, the elements of this Site, or any software related to it.

The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party under any circumstances. The license is granted for the duration of use of the Site.

Any use by the Customer of the company names, trademarks, and distinctive signs belonging to the Company is strictly prohibited unless expressly agreed to in advance by the Company.

The Company understands that data protection and privacy are important issues for all Internet users visiting the Site. The Company undertakes, in accordance with GDPR regulations, to respect your privacy and protect your personal data, i.e., data that could directly or indirectly identify you as an individual.

As part of the order, the Company is required to collect personal data from the Customer. The Company undertakes to protect customers' personal data.

Files containing personal data necessary for the order are stored on the servers of the Website host. This service provider ensures compliance with the provisions of the General Data Protection Regulation (GDPR). The Company does not disclose or trade in customers' personal data.

When placing an order on the Website, the Customer expressly consents to the collection and processing of their personal data necessary to complete the order.

The personal data collected by the Company is used to fulfill the order. The various items of personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as the "Data Protection Act," and the General Data Protection Regulation (GDPR), subject to proof of your identity, all Customers, regardless of their nationality, have the right to access, modify, and delete their personal data. Each Customer also has the right to request a limitation on the processing of their data and, in addition, has the right to data portability and the right to object to the processing of personal data concerning them.

For the purposes of applying this clause and, in particular, to ensure the confidential treatment of Customer data, the Company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: contact@gooverland.eu

In any event, all Customers have the right to lodge a complaint with the CNIL.

• Newsletter

By checking the box provided for this purpose or by expressly giving their consent to this end, the Customer agrees that the Company may send them, at a frequency and in a form determined by the Company, a newsletter that may contain information relating to its business.

When the Customer checks the box provided for this purpose during the registration process on the Website to place an Order, they agree to receive commercial offers from the Company for Products similar to those ordered.

Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.

• Do Not Call List

The Customer has the option of registering free of charge on a list opposing telephone solicitation, BLOCTEL (www.bloctel.gouv.fr), in order to no longer be solicited by telephone by a professional with whom they have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014, relating to consumption.

All consumers can register for free on this list at https://conso.bloctel.fr/index.php/inscription.php.

• Applicable law and jurisdiction

These Terms and Conditions are governed by and interpreted in accordance with French law, without regard to conflict of law principles.

In the event of a dispute arising in connection with the interpretation and/or performance of these Terms and Conditions or in relation to these Terms and Conditions, the Customer may decide to submit the dispute with the Company to conventional mediation or any other alternative dispute resolution procedure.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company adheres to the e-commerce Mediator Service CNPM - MEDIATION - CONSUMER, whose contact details are as follows: 27 Avenue de la Libération, 42400 Saint-Chamond, France – https://gooverland.eu/.

You can use the mediation service for consumer disputes related to an order placed on the internet.

To find out how to refer a matter to the Ombudsman: https://gooverland.eu/cgv

Finally, it should be noted that mediation is not mandatory but is only offered as a means of resolving disputes without resorting to legal action.

The Customer may also visit the European consumer dispute resolution platform set up by the European Commission at the following address, which lists all dispute resolution bodies approved in France: https://webgate.ec.europa.eu/odr/.

If this mediation procedure fails or if the Customer wishes to take legal action, the rules of the Code of Civil Procedure shall apply.