TERMS AND CONDITIONS

Welcome to Cubee!

Cubee is the illuminating photo cube frame for your Instagrams and digital photographs. It uses 5 of your favorite photos printed on backlit film to be placed into the Cubee for display.

This Site is owned and operated by Heatherdale Art & Design (trading as Cubee) (“We”, “Us”). If you would like to contact us about anything contained on the Site then please contact us by email at info@mycubee.com

These Terms and Conditions govern the contents and use of the website Cubee (the “Site") and set out the terms and conditions on which We supply the products available on the Site (the “Products”). Please read these Terms and Conditions of Sale carefully before using the Site and before ordering any Products via the Site. By using the Site and/or ordering any of the Products you signify that you have read, understand and agree to be bound by these General Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon on your browser.

These Terms and Conditions shall apply to all sales of the Products by Us via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Us. If you do not agree with these Terms and Conditions then you may not use the Site. Please note that we may modify these Terms and Conditions and thus you should review them periodically. If any modification is unacceptable to you, you shall cease using the Site. If you do not cease using the Site you will be deemed to have accepted the change.

Who we are

Whenever you buy a Cubee product you will be contracting with Heatherdale Art & Design, a limited liability company incorporated in the United States of America under company number 46-4452515, whose registered office is at 1922 Heatherdale Ave. San Jose, CA. 95126, and whose Business Tax Certificate number is 2971844028 issued by the City of San Jose, CA.

 

Definitions

  • “Buyer” means the person named on the Order;
  • “Contract” means the Order and Order Confirmation;
  • “Faulty” means containing a fault or defect; imperfect or defective;
  • “Order” means your order for a Product from the Site;
  • “Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order, subject to any promotional offer or discount then applicable;
  • “Product” means the Cubee: Illuminating Photo Cube (“Cubee”) or the 5 printed backlit slide images (“Photo Set”) to insert into the Cubee (extra Photo Sets of images may be ordered);
  • “Terms and Conditions” means the standard terms and conditions of business set out in this document.

 

Your order

To place an Order with Us you will first of all need to be logged in to the Site in order to design and customize your Cubee from the options available. Once you are happy with your Cubee you can place your order and make payment You will then confirm your order on our Site and we will send you an email confirmation of your Order.

To place an Order you will need to follow the Order procedure set out on the Site. All Orders are subject to acceptance, by means of an Order Confirmation, by us and we are entitled to refuse any Order placed by you. The Order Confirmation will contain details of your Order, the Price and may contain an estimate of the delivery time for the Order. As long as we receive full payment, once we have sent your Order Confirmation we will start to process your Order and create your personalised Cubee. An Order for a Cubee or Photo Set cannot be cancelled. If we are unable to fulfil an Order after accepting payment we may refund your money and cancel the contract which relates to the Product in question.

Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver Products within the time specified, but we do not accept liability for any failure to deliver within that time.

You undertake that all details you provide to us for the purpose of purchasing Products via the Site will be correct.

We endeavour to display and describe as accurately as possible the printed colours on the Products which appear on Our Site, but We cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.

 

Property rights and rights of use

All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) are owned by and shall remain owned by Us or Our licensors. Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form of by any means in whole or in part. You may not remove any copyright or other proprietary notices contained in any Site Content.

We respect the intellectual property rights of others. We ask you to do the same. We will terminate your account if you appear to infringe the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement then please contact Us straight away.

 

Representations and warranties

You represent and warrant that you are the owner of the Content which you submit and that the Content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property right, intellectual property rights or other rights in relation to any Content or any parts of the Content.

 

Site access

While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.

 

Price, Payment and Currencies

All prices are based on the final value of your order, at the current rate in force in the USA.

In addition Sales Tax will be charged on the final value of your order if it is to be delivered to an address in New York State or the State of Texas in the United States, such Sales Tax will be charged at the current rate in force in those states.

Once your Order is accepted by Us payment in full will be taken and the Contract will be in force.

Shipping fees within the USA will be a flat rate of the average current costs of shipping to all destinations in the USA. International shipments will be charged flat shipping fee at the current rate of any country outside the USA taken on an average. In addition if you are ordering from any country other than the USA, you may be liable to an import duty and handling fee.

You undertake that all of the details which you provide to Us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is Your property and that sufficient funds or credit facilities are available to cover the full cost of the Order. We reserve the right to obtain your PayPal details before accepting the Order.

 

Delivery

The place for the delivery of your Products will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.

We will endeavour to process your Order and manufacture your Product within the time period stated for each item. However manufacturing times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence of these Terms and Conditions and We will not be liable for any loss or expenses which You may sustain as a result of any delay in the delivery of your Order.

You must inspect your Product upon delivery and, in the case where your Order has been delivered by a carrier, sign the required proof of delivery document or collection acceptance document. A signature on the document will constitute conclusive evidence that You have received your Order free from any apparent defect or damage. You may not reject your Order or any part of the Order solely on the basis of short delivery of an instalment. If the Products are alleged to be defective or damaged on delivery, You must give a description of the alleged damage or defect in writing at the time of delivery and signed by You or on Your behalf.

We reserve the right to make delivery of your Order by installments. If the Order is to be delivered in instalments, each delivery will constitute a separate contract.

If you wrongfully fail to take delivery of the Order then We shall be under no obligation to refund the price.

 

Risk and Property

Risk or damage or loss of Your Order will pass to You upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from Us to You until We have received full payment of the Price and all other sums which are due, owing or payable by the You to Us in respect of the Order or any other Order between You and Us.

 

Returns, refunds and rights of cancellation

You shall have the right to cancel an Order only in the following circumstances:

a) If We have failed to deliver the Order within 28 days after the date You placed the Order;

b) In the case of Faulty Products at the earliest opportunity after You have discovered that the fault or defect (provided that You shall be deemed to have inspected the Product as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).

If an Order is cancelled under the conditions in a or b above We shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Order in question).

Notice of wish to cancel must be made by email to info@mycubee.com

For the avoidance of doubt, save in respect of Faulty or defective Products, nothing in these Terms and Conditions shall give You rights of cancellation in regard to the Products, which, by their nature, have been made to Your specification or clearly personalized.

You must return any Product to Us in its original packaging (which You should retain for this purpose).

Nothing in this clause affects your statutory rights.

 

Links, third party websites and purchases

This Site contains links to websites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such websites which you may access through this Site or any services that they may provide.

 

Liability

We warrant to you that any Product purchased from us via the Site is of We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).

Nothing in these Terms and Conditions shall exclude or limit our liability for: 

  • death or personal injury caused by our negligence; or
  • any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
  • any liability which cannot be excluded or limited under applicable law.

We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

 

Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise out of or in connection with any breach by you of these Terms and Conditions or through your Projecteo Account.

 

Termination

We may remove the Site or cease the provision of any of the services available through the Site at any time in our sole discretion for any reason whatsoever.

We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

 

Data Protection and Privacy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. This policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions you also accept and consent to our Privacy Policy.

 

Governing Law

This agreement shall be made under the laws of The United States of America and subject to the jurisdiction of the courts of The United States of America.

 

Making an order

To place an order you will need to follow the order procedure set out on the Site. Details of the price payable in respect of any Product and the procedure for payment are displayed on the Site.

Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time.

By placing an order via the Site, you indicate an offer to buy the Product and acceptance of these Conditions of Sale and our Terms and Conditions. All orders are subject to acceptance by Us and We are entitled to refuse any order placed by you. We will provide written confirmation of your order to the email address that you submit when placing your order, but such confirmation will not constitute our acceptance of that order. We indicate Our acceptance of your offer when We have received full payment from you, at which point a contract is formed. Once full payment has been received we will start to process your order and create your personalised Cubee. Once we have started to make your Cubee your order cannot be cancelled. We require payment for the Cubee in full before such Cubee is made and shipped. If we are unable to fulfill an order after accepting payment we may refund your money and cancel the contract.

We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.

You undertake that all details you provide to Us for the purpose of purchasing Products via the Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. If payment is not received in full, We will be under no obligation to deliver the Products.

 

Price and Payment

Payment for all Products will be made via a third party provider payment service. You will be required to submit your payment details to such third party provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.

We may change the price of any Product before you place an order.

Despite our best efforts, some of the Products listed on the Site may be incorrectly priced or the price may increase between your order and our acceptance of your order. We will normally verify prices as part of the dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.

If a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing we are under no obligation to provide the Product to you at the incorrect (lower) price.

 

Acceptance of Delivery

When you receive the Product/s you must inspect them for any defects or non-conformity before signing good condition. If you sign good condition, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition.

If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights.

You must be available to accept delivery on the delivery date as the courier will only attempt re-delivery up to 2 times and then the delivery will be returned back to Us at your cost. If delivery is refused or returned due to a faulty address, you will be charged a return fee.

 

Last updated August, 14th 2014.