First, we would like to remind you that this website is managed by our company, Cubbit S.r.l., located in Via della Zecca 1, 40121, Bologna, Italy (referred to here only as "Cubbit" or "we" or "us" or "our").
Furthermore, we make aware that by placing an order from our Online Store you agree to these Terms of Sale and any other terms referred to herein (the "Terms") along with the Cancellation, Return and Refund Policy, our Privacy Policy and our Terms of Service(collectively the "Store Policies").
We encourage you to read our Store Policies carefully. If any part of them should not be clear to you or you do not agree with them, do not place an order, contact us first instead.
Description
The Cubbit Cell (or the "Device", whose sale is the subject of this Terms) is the storage unit on Cubbit's distributed cloud network (what we call the "Swarm"). It comes with pre-installed Cubbit software, designed and developed by Cubbit to access and share resources within the Swarm. You agree to comply with the software license agreement applicable to your use of the software on the Device.
Activation and operation of the Device requires simultaneous connection to a power source and an Internet router. You acknowledge that you are solely responsible for obtaining and maintaining access to and availability of a connection to an Internet network through a third party Internet Service Provider.
First Use and Maintenance
Please carefully follow any instructions that may come packaged with your Device, including resources that are available online.
You will be asked to download our client software (the use of which is subject to additional license terms) to your computer, sign up to open a personal Cubbit account and then to proceed with the “claim” of your Cubbit Cell.
From time to time we may also provide software updates/upgrades that you will need to install in order to have the best possible user experience and functionality of your Device, the client software and our related services.
From now on the Swarm is on your side, keep it cool! The proper functioning and hardware viability of a Cubbit Cell also depends on its correct placement and maintenance, so please make sure to keep the Device in an environment with a temperature between 0° C and 40° C.
Purchase
To finalize your purchase, you will be asked to provide us with the relevant billing and shipping information and to choose the desired payment method. By entering the details of a payment card, you declare that all data provided is correct, that you are authorized to use the card and have sufficient funds to cover the payment to us.
Once you have submitted your order, you will receive a confirmation email containing a summary of your order with a payment receipt number, which you can use as a reference to contact us, if needed.
In some circumstances, we may have to reject your order due to lack of availability or other valid reasons specified on a case-by-case basis. Cubbit may refuse your order, for example, if you live in a country where the Devices cannot be purchased or shipped.
Resale and Gifts
You may only purchase Cubbit Cells for your personal use. You may not commercially resell any Device, but you may give your “unclaimed” Cubbit Cell to someone else as a gift. Recipients of gifts may need to open and maintain a Cubbit account in order to receive any support offered by us. These Terms apply to any gift recipient.
Price & Payment Methods
The "total" price of the Device displayed on the order summary includes shipping costs (and VAT, for European Union Countries only).
Payment can be made using all major credit and debit cards, or through your Apple Pay, Google Pay, PayPal or Shop Pay account. Alternatively, upon availability in your Country, you can use the financing options offered by Klarnaor Four (please refer to their Terms and Conditions before buy).
By purchasing a Device from our website you are aware of the import and export laws and regulations of your Country. You therefore agree to comply with all national and international import and export laws and regulations applicable in connection with this purchase and bear the costs of eventual additional taxes and customs duties, accordingly.
Privacy & Security
Orders and Payments management on our Online Store is provided by Shopify Inc. and selected third party payment providers, in order to ensure the highest standard of transaction security and reliability during the transmission, processing and storage of customers' payment information. This also means that neither we, nor the hosting service of this online store, can access or record your payment details, which will remain confidential.
In order to offer Klarna's payment solution, we may transfer your personal information to Klarna Bank AB at checkout in the form of your contact information and order details so that Klarna can assess your suitability for its payment method and customize those payment methods. Your personal data is processed in compliance with Klarna's Privacy Policy.
Early Bee Trial If you are taking part in our Early Bee Trial program, you accept and agree to be bound to the following specific terms and conditions:
The order is processed and handed over to the courier for shipment in the time indicated, however we cannot exclude the occurrence of events that, beyond our control, may in some cases lead to a delay in delivery (for example, delays in production and / or shipment). Therefore, the delivery dates indicated must be considered only estimated and therefore not guaranteed.
Please note that we may not be able to deliver to all locations. In case Cubbit cannot ship to the address you provided, you will be sent a notice and you will not be charged for your order.
If a Cubbit Cell cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the parcel will be returned to us or to the manufacturer from where the shipment originated. In that case you may be charged for extra shipping costs. If a device is not delivered successfully because we or a delivery agent has made a mistake, you will not be charged any additional cost.
If you haven't received your Cell, after receiving the shipment notification, please contact our Swarm Support Team (SST).
Limited Warranty
The strength of the Swarm depends on the strength of all of its members, which is why we provide your Cubbit Cell with a Limited Warranty to give an additional level of service and support on your purchase.
By buying a Device from the Cubbit Online Store or from one of our authorized resellers, we warrant that the Device will be free from defects in materials and workmanship under normal use, as per our User Manual, for a period of up to 4 (four) years from the date of original purchase. This Limited Warranty is automatically extended on all Devices purchased from the Cubbit Online Store or through crowdfunding platforms before the effective date of these Terms, for a period of up to 4 (four) years from the date of shipment.
If, under applicable law, you are considered a consumer and the Device you purchased is defective, you may have legal rights that you can assert against the seller of the Device, in particular to request the repair or replacement of your defective Cubbit Cell, or alternatively, in some cases and in some countries, a refund, price reduction or the right to cancel the sales contract and make a claim for damages or expenses.
Warranty Exemption
This Limited Warranty only applies to hardware manufacturing defects and expressly does not cover damage caused by: normal wear and tear, accidents, misuse, neglect, disassembly, alterations and external causes such as, but not limited to, water damage, exposure to sharp objects, exposure to excessive force, alterations in the electrical current supplied to the device and extreme thermal or environmental conditions.
This Limited Warranty does not guarantee that the use of the Device will be uninterrupted or error free.
Returning defective device
In case a defect arises to your Device during the warranty period, please contact our SST.
You will be provided with a Return Merchandise Authorization (RMA) form to fill in order to return your Device. You are committed to follow step by step the instructions provided by the SST and actively cooperate in order to process your RMA correctly.
Once the Device is received at our facility, we will, at our sole discretion, either repair your Device with new or refurbished parts, in order to provide you with a functional product at least equivalent to a new device or replace your Device with a new or refurbished Device functionally at least equivalent to a new one.
If your Device is repaired or replaced, the repaired or replaced Device will continue to be warranted for the remaining time of the original warranty period. All returned devices for which you have received a replacement Device will become the property of Cubbit. Nothing in this Limited Warranty will reduce or otherwise affect your legal rights with respect to the Device.
Limitation of Liability
Cubbit and its subsidiaries and affiliates, including suppliers (collectively, "Cubbit Parties") shall not be liable (whether under contract, tort (including negligence) or otherwise) for:
(a) losses that were not caused by our breach of these Terms;
(b) any loss or damage that was not a reasonably foreseeable consequence of Cubbit breaching these Terms, at the time of the formation of the relevant contract;
(c) losses relating to any business of yours, loss of profits, or loss of opportunity.
Our liability to you is not excluded or limited in any way where it is unlawful to do so: nothing in these terms will limit or exclude our liability to you: (i) for death or personal injury; (ii) fraud; (iii) for violation of any term that cannot be limited or excluded by law; or (iv) for any other liability that cannot be limited or excluded by law.
You may also have other rights that vary by jurisdiction. Some States or Countries do not allow exclusion or limitations on incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Force Majeure
In the event of a situation of force majeure (including, but not limited to, natural disasters, earthquakes, fire, lightning, war, riots, sabotage, governmental acts, judicial authorities, administrative authorities and/or independent regulatory authorities), Cubbit's obligations under these Terms are suspended during the period of force majeure.
If you have a complaint regarding the management of the Sales Contract or the provision of our services in relation to the purchase of the Device, you may contact us at the addresses indicated in the last Section of these Terms.
In order for us to handle your complaint we will ask you to provide us:(1) order number;
(2) name and shipping address;
(3) e-mail address;
(4) a description of the basis for the complaint, and
(5) what remedies or actions are required on our part.
We do not address or respond to any complaints raised through the use of social media (e.g. Facebook, Twitter or Instagram).
You will receive a response to your complaint within 14 days.
Please also note that if you are a consumer you can also report and submit a complaint to the online dispute resolution bodies in your local country identified on the European Commission's ODR platform at http://ec.europa.eu/odr.
Subject to the Complaints and Dispute Resolution’s Section and the following paragraph, these Terms and any Contract and dispute arising between you and Cubbit shall be subject to Italian law and the parties shall submit any dispute to the jurisdiction of the Court of Bologna, Italy.
If you are a consumer, the above section shall not restrict your rights under consumer protection laws to enforce the laws and submit complaints, disputes or conflicts to the competent courts of the EEA country in which you are located or from which the purchase was made. Nothing contained herein shall restrict Customer's use of the ODR under this clause.
If any provision of these Terms is held invalid or unenforceable, this will not affect the validity of the other provisions of these Terms.
Cubbit is committed to ensuring the security and confidentiality of your personal information in accordance with the applicable Personal Data Protection Laws. We encourage you to read our Privacy Policy to know more on how we collect, process, share and retain the personal information we receive from you and the rights you have over your personal data.
The billing and shipping information we collect, process and retain when you place an order on our Online Store are limited to those necessary for the performance of the contract and for compliance with the legal obligation to which we are subject. For the aforementioned purposes, we may engage third-party service providers (such as logistics, data processing, billing management) to whom we grant access to your data with our consent only within the extent and for the period required to provide the respective service.
The Terms in effect at the time you place an order for the Cubbit Cell will apply to such order and Device.
Cubbit reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.
If you have any questions, complaints or comments after reading these Terms, please contact us via our Website or by e-mail or at our address:
Cubbit S.r.l.
Via della Zecca
140121, Bologna, Italy.
E-mail: hello@cubbit.io