Terms and Conditions
The company NEXTCUBE LTD with registered office at 12 Evripidou Street, 3031, Limassol, Cyprus with Reg. No.: 353777 operates an internet site that can be accessed at the following address: http://www.nextcube.at (hereinafter referred to as Nextcube.at or the "Site").
The site is a contact platform (' Nextcube.at') that enables professional sellers to directly lease their own products to web-surfers.
All of the products on the platform are, in principle, aimed at individuals acting in a personal capacity, and excludes those acting in a trading capacity.
To this end, Nextcube.at acts in the capacity of technical intermediary agent providing the platform to professional sellers and to consumers, but does not play any part in the sales contracts agreed between them.
These terms and conditions of use (hereinafter referred to as 'Terms and Conditions of Use') codify the conditions of use for the users of the platform, and set out the ways in which Nextcube.at acts in its capacity of technical intermediary agent.
The operator may need to change the environment, presentation and layout of the existing stores within its marketplace, and this may result in the terms and conditions of use being changed in order to adapt to these changes.
You undertake to review these terms and conditions of use, and to check the version that is current on the day that the order is placed.
Please review the following rules that govern your use and access to the site. Please also note that your use or access of the web site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions, although you may "bookmark" a particular portion of this web site and thereby bypass this agreement.
As used in these Terms and Conditions of Use, the terms below have the meaning shown whether used in the singular or in the plural:
- 'Buyer': this term refers to any individual user of the Site who orders Products from the Platform;
- 'Platform': this term refers to the electronic platform which brings Sellers and Buyers together on the Site;
- 'Products': this term refers to products that are offered for sale by Sellers on the Platform;
- 'Seller': this term refers to the legal entity that is presenting its Products for leasing on the Platform.
BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THIS WEB SITE.
Nextcube reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time, without prior notice, by updating this posting. Any posted changes are effective immediately and your continued use of Nextcube.at contents and services constitutes your agreement that you've read these entire Terms and Conditions acceptance that you agree with them in their entirety. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of this web site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Nextcube.at grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Article 1 APPLICATION OF TERMS AND CONDITIONS
If Nextcube.at has posted or provided a translation of the English language version of the Terms and Conditions, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Site.
Article 2 THE USE OF THE SITE
By accepting these Terms and Conditions through your use or access of the Site, you represent that you are (a) a person with full legal capacity and able to form a legally binding contract, or in case you do not have a full legal capacity, that you received a consent from your parents or any other legal representative and therefore you are bound by these Terms and Conditions and (b) permitted to receive any products. If you do not agree to (or cannot comply with) this Section, do not use this Site.
All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms and Conditions and the User is responsible for all damages caused to Nextcube.at or to any other User or to any other third party.
All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. The Contents on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from Nextcube.at, is strictly prohibited.
Nextcube.at can stop the operation of the Site or parts of it any time, can change the Content of the Site or its parts without any prior notice. The Site does not have to be available all the time. Nextcube.at has the right to maintain the Site and the User does not have any right for any compensation.
While accessing the Site, or using its services, you should not:
- Post or transmit false, inaccurate, misleading, defamatory, or libellous Content (including but not limited to during the registration process);
- Violate any laws, regulations, good manners, third party rights, this Terms and Conditions or our policies, such as third party's intellectual property rights;
- Fail to deliver payment for the products and items purchased by you;
- Manipulate the billing process of Nextcube.at, or fail to deliver the payment or fee owed to Nextcube.at;
- Undermine the feedback or ratings systems;
- Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;
- Distribute viruses or any other technologies that may harm Nextcube.at and the Site, or the interests or property of other users;
- Use any automated means to access Site and collect any data from Site through automated means (included but not limited to harvesting bots, robots, spiders, scripts or other automatic devices or programs) or and you cannot use framing techniques to enclose any of the data or content to the Site or otherwise affect the Site.
- Otherwise create any liability to the Site Nextcube.at.
Nextcube.at reserves the right to limit, terminate and deny the right to use or access the Site of any User for any reason whatsoever, including, but not limited to, infringing any third party's intellectual property right, breaching these Terms and Conditions, breaching the good manners, defame or affect or may affect the good name of Nextcube.at in any means and/or incurring any liability to Nextcube.at. Each User hereby also agrees that in no event shall Nextcube.at be liable to any User or any third party for any User's inability to use or access the Site.
Article 3 ACCOUNTS, PASSWORDS AND SECURITY
In order to make purchases the Site may require you to open an account (including setting up a Nextcube.at username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify Nextcube.at immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Nextcube.at or any other user of or visitor to the Site due to someone else using your Nextcube.at username, password or account as a result of your failure to keep your account information secure and confidential.
You may not use anyone else's Nextcube.at username, password or account at any time without the express permission and consent of the holder of that Nextcube.at username, password or account. Nextcube.at cannot and will not be liable for any loss or damages arising from your failure to comply with these obligations.
Each User represents warrants and agrees that (a) such information, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site, is true, accurate, current and complete, and (b) will maintain and promptly amend all information to keep it true, accurate, current and complete.
Article 4 REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Nextcube.at reserves the right (but not the obligation) to remove or edit any content.
In case that the User writes his own text or adds other Content to the Site he shall not violate or encourage violation of any laws, rights and / or legitimate interests of third parties; he cannot induce the activity in any way dangerous or life-threatening and / or health threatening; he cannot circumvent and / or be contrary to the rules of decency, and good manners; must not contain vulgar, violent, racist or other generally unacceptable content and not unduly interfere with the rights or legitimate interests of any third party.
Nextcube.at reserves the right, without prior notice and without any refund of applications to eliminate the Content that even marginally or partially does not fulfill the provisions set out in these Terms and Conditions, which may damage the good reputation of Nextcube.at, its products and / or services and / or which publication and / or dissemination within the application could be compromised and / or violated Nextcube.at imposed by law and / or contractual obligations, rights and / or legitimate interests. Nextcube.at also reserves the right, without any compensation to request the removal of such posts that even a marginally or partially break the provisions set out in these Terms and Conditions, which may damage the good reputation of Nextcube.at, its products and / or services and / or the publication and / or dissemination by could be at risk and / or violated Nextcube.at imposed by law and / or contractual obligations, rights and / or legitimate interests.
You are fully responsible for all Content added to the Site for their compliance with laws, rights and legitimate interests of third parties and the provisions hereof. Nextcube.at is not responsible for such Content.
Article 5 PURCHASING ON THE SITE
User agrees that all activities that occur under your Nextcube.at ID (including, without limitation, clicking to accept any additional agreements or rules, subscribing to or making any payment for any products, sending e-mails using the latest e-mail account or sending SMS messages) will be deemed to have been authorized by you.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.
Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to Nextcube.at. All prices include VAT. (where applicable) at the current valid rate. Nextcube.at reserves the right to express the price including VAT.
Nextcube.at has the right to correct the mistakes on the page, including the mistakes in the price. In case there was a mistake in writing in the price the Nextcube.at cancels the order and notifies the cancellation to the User. In case the payment was already transferred by the User, Nextcube.at returns the payment within 30 days. In this case the User has the right to place a new order on the Site.
Nextcube.at reserves the rights to change its prices according to the law and business practice. The prices are basically in EURO (EUR). The price can be shown for information purposes in other currencies than EURO. Nextcube.at cannot be held responsible for any exchange rate fluctuation. The price in EURO is the price of the product; other currencies are only for the information of the User. Please pay attention to the details of the transaction, because your total price may include insurance, shipping costs and other expenses, which you are responsible for paying.
Article 6 TERMS OF PAYMENTS
When you confirm a transaction on the Site, you agree to be bound by and pay for that transaction.
The Goods are to be leased at a fixed price, which is not subject to change during the period of the Contract. The total amount of the Contract is agreed in Euro and payable in advance as agreed by the two parties.
The Contract price is determined by the seller at a fixed price, which shall not be subject to change during the term of this Contract.
All taxes and fees, including customs fees and duties, which are connected with the fulfillment of obligations hereunder in the Buyer’s country shall be paid by the Lessee. All other charges in Seller's country shall be paid by the Seller.
This duration of the lease will be from the date of payments of the goods and shall be effective for … . (….) months (hereinafter referred to as the “Lease Term”).
After expiration of the Lease Term upon agreement of the Parties, the ownership of the goods passes to the lessee.
- If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
- You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
- Even though we use terms like purchase, buy, sell, and order to talk about transactions related to Credits, you don't receive an ownership interest in those items.
- In addition, any order whose amount exceeds certain amount set by Nextcube.at, Nextcube.at can request additional identification and evidence of delivery address by email or by other means. These security measures are a testament to our willingness to protect buyers against potential fraud. Until the additional identification requirements are fulfilled Nextcube.at does not have the duty to send the order. In case the condition of additional identification of the User is not fulfilled within next 15 days Nextcube.at is entitled to cancel the order. Terms of payments to Nextcube.at are the following: (Unless special terms of payments are not made in writing)
- Bank transfer
- Payment through PayPal
- COD (Cash on Delivery)
- Credit Card
Not all payment methods are available for all products that are sold on our website.
The payment by credit card and cash on delivery are restricted to a certain total amount, so those might not be available for higher amounts.
The credit card option is available only from an IP address coming from an EU country.
The payment on delivery can be complete only with cash, cannot be made by check.
If you choose Bank Transfer as your payment method, Nextcube.at gives you unique payment instructions for your order. Once we receive the payment, which typically takes two to three business days from the time you place the order, the order is approved. If your payment takes more time than three business days, you are obliged to send as a proof of the payment so your order does not get cancelled for not providing the payment. Also the product can be sold out during the time between placing the order and receiving the payment by Nextcube.at.
In case the payment (when choosing Bank transfer, PayPal od Credit Card) is not at the bank account of the Nextcube.at within next 5 days after placing the order, it means that the User cancelled the order and does not want anymore the order to be delivered.
The goods will be delivered within 30 days after the payment is received by Nextcube.at or in case of choosing COD 30 days after the order was placed. Nextcube.at is not responsible for delays of the transportation or for delays due to the not correct address of the User.
Article 7 LIST OF AVAILABLE PRODUCTS
Current list of available products on the Site is consistent with the quantitative status of the products in the seller’s warehouses.
Availability for a particular product buyer will be checked at the moment of placing an order (this will be the most recent information – as quantities are updated on daily basis).
For any changes or mistakes that can occur outside of our influence and knowledge, Nextcube.at will not be considered responsible.
If it happens that the ordered product is not available in the moment when the buyer places an order, the buyer will be informed of this by phone or email. If ordered product is still not available buyer has the right to request cancelation of an order.
Nextcube.at has the right to cancel the order in cases when the goods are not available in stock.
Article 8 PACKING – SHIPPING – DELIVERY – DELIVERY EXPENSES
Nextcube.at is an official partner of GLS – the world's largest shipping company. The shipments will be charged according to the current charges and fees of the professional Courier company.
The Goods shall be shipped in package fitting the character of the supplied goods. The packaging must protect the goods from any damage or corrosion and shall provide for storage at temperatures range from -45 and up to +35 degrees Celsius without termination of the quality warranty.
The Seller shall execute a packing list for each package stating contents of the container, quantity, model, position number according to the Contract specification, net weight, gross weight, Contract number, and transport number. One copy of the packing list in waterproof envelope shall place in the container carrying the equipment.
Upon receiving the product, the supervision whether the delivered product fully corresponds with the ordering it is solely the buyer’s responsibility. Nextcube.at highly recommends to check the condition of a package, if there are any damages or shortages in the shipment in general.
The Buyer is obliged to check the content of the package and the condition of the goods on delivery, in order to report possible faults or damages of the ordered products and the packaging itself to the courier. In case the Buyer has any comments or thinks the content was damaged during the transportation he is obliged to report this to the courier immediately when signing the transport document during delivery. Nextcube.at is not responsible for any damage caused by the transporter. The Buyer is obliged to enforce the potential damage from the transporter and/or Courier writing the note in the transport documents signed right after the delivery. Further complaints will not be taken into consideration.
In case of any damages, missing content or a part of an order, you are obliged to write everything clearly in email and send to the warranty@............... within next 3 days after the delivery.
Shipping and delivery of our products, delivery expenses and a risk during this period is the responsibility of the buyer.
From the moment when the parcel leaves the premises of the seller, Nextcube.at cannot be held responsible for the delivery time, damages and/or other circumstances that may occur during the transport process.
Nextcube.at offers a possibility to the buyer to insure the entire shipment from the seller to the buyer’s designated address. In the instance that the package is being returned to the seller (for any reason) back from the buyer the insurance does not apply for the return parcel.
Information about the estimated delivery time can be found on the Site when ordering. The estimated delivery time is only informative and not binding. Nextcube.at delivers all order within next 30 days after Nextcube.at received the payment or in case of COD payment after the order is placed.
Nextcube.at will in cases when the payment gets confirmed until CET 12 AM try to process the order the same day if the product is available in the warehouse. Estimated delivery time of ordered products is calculated from the moment when the preparation of the package starts. Preparation of orders is conducted from Monday to Friday.
In case that the ordered product is out of stock, delivery time is extended and Nextcube.at gives the possibility to its buyer to delete or cancel their order.
Every shipment is delivered to the address specified the buyer when placing an order; Nextcube.at reserves the right to ask for proof of address in order to prevent fraud or abuses of any type. Before sending the relevant proof Nextcube.at will not start with the preparation of the Order and in case when the relevant proof is not provided within the next 5 days after the request, the order will be automatically cancelled.
Upon reception of the package the buyer is obligated to make sure that there are no damages on the goods delivered. Otherwise, the buyer is responsible to send a written complain at the local transportation company office within the time defined by law.
From the moment when a product leaves the warehouse, the risk is transferred to the buyer as defined with this contract. Nextcube.at is not responsible for any delays occurred during the delivery of products. In this case the buyer has the right to terminate or cancel the order, however the buyer will have to accept the new terms of delivery. In any case the buyer does not have the right to demand compensation or interest or money refund for any delays.
In the case that the ordered product is not delivered within the specified time period, Nextcube.at has to start an investigation with the transport company that was responsible for delivering the shipment. During this period Nextcube.at will not make any decisions regarding to this specific buyer order.
Article 9 RECLAMATION POLICY
In case of dead on arrival (DOA) you have the right to return the goods within a period of 3 days. Product is considered as DOA if it shows symptoms of a hardware failure, preventing basic operability upon its first use after unpacking the product from the box. If you believe that your product is DOA, please contact Nextcube.at support centre within next 24 hours of the delivery of the package. Nextcube.at support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own cost and risk. After receiving Nextcube.at will determine whether the product is DOA and offer you one of the following options:
- Replacement: The same product that you ordered will be shipped to you at Nextcube.at expense. Also, Nextcube.at will cover buyers returning shipping costs up to 20 euros.
- Refund: you will be refunded completely including return shipping (excluding insurance). Return shipping costs are refundable up to 20 euros.
Quality of product reclamation
If you are making reclamation concerning the quality of the product (problems with display, slots, hardware buttons, etc.) within next 14 calendar days after the delivery of the Product, you are obligated to contact Nextcube.at support centre in written form. Nextcube.at support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. You are responsible for all damages which will occur on the Product. The return package should include all package content and written details of the reason for return. After receiving the Product Nextcube.at will determine condition of the product and offer you one of the following options:
- Replacement: The same product that you ordered will be shipped to you at Nextcube.at expense.
- Refund: you will be refunded the cost excluding insurance costs.
- Service: you will be forwarded to the closest service centre (official brand service, official Nextcube.at service or other). The service will be provided free of charge.
Delivered product reclamation
If you are making reclamation for receiving different product model than ordered, do not open nor use the delivered product. In that case contact Nextcube.at support centre within next 3 calendar days from delivery of the product. You are obligated to contact Nextcube.at support centre in written form. Nextcube.at support centre will provide you the shipping instructions to return the product to immediately, in the same condition in which you receive it, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. You are responsible for all damages which will occur on the Product. The return package should include all package content and written details of the reason for return. Nextcube.at support centre after receiving will offer you the following options:
- Replacement: The product that you ordered will be shipped to you at Nextcube.at expense.
- Refund: you will receive a full refund including return shipping costs (excluding insurance). Return shipping costs are refundable up to 20 euros.
This policy is not applicable in case where buyer is responsible for misinterpretation of official information or when package is opened and used despite obvious misplacement. In this case, buyer will be treated by Return policy.
Refunds for orders paid by Cash On Delivery are strictly made through PayPal accounts. However, the cost of COD service is nonrefundable for all types of reclamation.
If all of these conditions are not fulfilled, Nextcube.at will not accept your reclamation.
Article 10 RETURN POLICY
In the case of returns, the buyer is responsible for returning the product to the seller in its original condition and for postal costs or other costs incurred when returning the product.
You are obliged to return the goods to the seller in the same condition, not used, and original package as they arrived (for example: headphones, cables, instructions etc.) without changed references and product serial numbers, and to take reasonable care ensuring that the goods are received by the seller and are not damaged in transit. Labels and all text on the labels as well as stamps from producers must be intact. The buyer is responsible for all damages which occur on the product until the product is received by the seller. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Nextcube.at reserves the right to pay any refunds after 30 days from receiving the sender's package on his own expense.
You have the right to return the products, or replace them with another product for any reason within 14 days from delivery of the product. If the ordered product is returned in identical (undamaged condition) Nextcube.at will refund a full amount of the purchase price to you. Open, used or products in impaired condition will be assessed additionally. Depending on their condition the refund will be proportionally reduced. Nextcube.at tries to describe all products as accurately as possible. Also, Nextcube.at cannot guarantee that all data given on the product description are 100% accurate, complete, reliable and error free. For any questions about products that you are interested in, please contact our customer service in order to avoid any misconceptions (about colours, package content, languages, network coverage, etc.). If you purchased a product and it still deviates from desired, you can return the product in unused condition with all complete documentation provided with the device. In this case Nextcube.at will refund money to all its buyers in the value of returned equipment but without shipping costs in both ways – the buyer’s will bear the responsibility and the cost of the shipping.
The buyer shall be liable for any damage to the Goods of the seller caused intentionally or through gross negligence. The buyer will have to repair the Goods at his own expense.
The seller shall be liable for any defect Goods and provide the buyer a refund or a non-defected good in accordance with the Term and Conditions.
Return Postal Address:
***Regarding correct postal address for returning the product please contact our customer service.
Article 11 WARRANTY AND SERVICE AFTER PURCHASE
Products sold through the Site are classified into two warranty categories:
EU-WARRANTY – 12- 24 months of "manufacturer warranty" (depend of manufacturer)
In the European Union, with original invoice you are entitled for one year service in an authorized service centre. In a case of improper functioning of the product or malfunction, product is sent directly to the authorized service centre.
If an authorized service centre refuses to accept a product on service, product will be sent back to you at your own expense.
SELLER WARRANTY – 24 months of free warranty provided by our web shop.
Seller Warranty is warranty provided due to some limitations in warranty of manufacturer or others limitations. Warranty itself is guarantee for all possible hardware failure, preventing basic operability within 24 months. Seller Warranty covers same issues as an EU warranty. Nextcube.at has a network of service centres in some countries (France and Slovenia). In case that there is no service centre in the buyer’s country, the buyer needs to contact Customer Support at warranty@............., and our agent will provide you all the necessary shipping details to the closest service centre. Shipping costs to service centre (one way) will be covered by buyer.
For information regarding warranty and service after purchase, please contact our Customer Support, Monday through Friday, 08:30AM to 02:30PM CET.
WARRANTY DOES NOT COVER (in both cases of EU WARRANTY and SELLER WARRANTY):
- Replacements of accessories (batteries, headphones, charger, cables, CDs, memory cards etc.).
- Damages and other consequences that can happen if the product is used inadequately and inappropriately. Clients are advised to take their time and read carefully the instructions for proper use of all products.
- If products are stored improperly, and not according to manufacturer instructions.
- Damages and other consequences that may come as a result of repairs or any other involvements from an unauthorized service centre.
- Damages and other consequences resulting from external influences (such as all kind of accidents or natural disasters).
- Damages of waterproof devices caused by submergence in salt or chlorinated water.
- Mechanical damages, damages caused by vis major, damages caused by not taking relevant care of the goods
- Damages which the buyer was informed about before the delivery of the product
- Damages caused by using the product in unsuitable conditions
- Damages caused by water
- Damages caused by using non-official supplements to the product, damages caused by non-professional assembly
Nextcube.at is NOT liable in the case where the producer or the official service centre refuse to accept the warranty from any of the reasons stated above.
In the case of the warranty being declined, the producer or service center will make you an offer for the repair of the product. In the case of you refusal to take this offer; the producer has the right to require its administrative expenses to be covered by you. In the case of you acceptance of the offer; you are obligated to pay a total cost of the repair to the producer.
In case when EU warranty doesn’t cover repair service - your issue will be handled by the Seller warranty. You have to contact Nextcube.at customer support, and our support team will provide you all instructions where to send the product. After receiving the product, Nextcube.at will determine condition of the product and offer you one of the following options:
Service: you will be forwarded to the closest service centre (official brand service, official Nextcube.at service or other).
Replacement: The same product that you ordered will be shipped to you at Nextcube.at expense.
Refund: You will be refunded completely including return shipping (excluding insurance), up to 20 euros for shipping.
Choosing one of the following options is the right of the Nextcube.at.
General reclamation procedure
The buyer may report the defect of the product in written form describing the defect. In the complaint protocol the buyer shall provide his contact address, telephone number and e-mail address. Nextcube.at is not responsible for any inaccuracies provided by the buyer in the reclamation and is not responsible for the impossibility of delivery the product to the buyer in case of providing false or inaccurate address.
The buyer is obliged to send all documents connected to the product together with the product. Until Nextcube.at does not have all documents the reclamation procedure is not started. If the buyer fails to deliver the missing documents or missing parts of the product the reclamation will be considered to be unjustified.
If the product is intended to contain passwords, the buyer is obliged to notify the appropriate passwords in reclamation, or remove them before the delivery of the product. If it does not, the date of starting reclamation procedure will be postponed until the day of delivery of access codes and passwords to the product.
Nextcube.at is not responsible for damage to data and programs in the goods in case of reclamation. In this context, the buyer is advised to make a backup copy of all data and programs of the product sent for reclamation.
Article 12 PRIVACY
What personal information we collect
When you create your Nextcube.at Username, register your products, purchase a product, we may collect a variety of information, including your name, mailing address, phone number, email address and contact preferences. Furthermore, Nextcube.at can be led to ask the Buyer for additional necessary documents, for example: proof of address, ID card, etc. Nextcube.at holds the right to require security measures as a testament to our willingness to protect buyers against potential fraud. If this condition is not filled, Nextcube.at keeps the right to cancel the order or postpone the delivery until the above condition is fulfilled.
When you share your content with family and friends using Nextcube.at products, send gift certificates and products, Nextcube.at may collect the information you provide about those people such as name, mailing address, email address, and phone number.
By registering as the User on the Site the user hereby voluntarily grants and consents in the storage of all personal data within the scope of the personal data Act. The user allow the Site to process the personal data that he/she voluntarily discloses through the Site for the purposes needed to deliver the products, for the marketing purposes to Nextcube Ltd. The buyer also certifies the accuracy, truthfulness and timeliness of the given relevant personal data.
This consent may be revoked at any time through a notification by sending a letter to the headquarters of the mailing address: 12 Evripidou Street, 3031, Limassol, Cyprus or electronically by sending a notice to the email address info@N......................
Nextcube.at is able to process the personal data of the User until the consent to the usage of the data will be revoked. After the user’s appeal Nextcube.at ensures the blocking and disposal of the data provided that it does not prejudice the eventual mandatory processing or archiving of personal data under the specific legislation. Nextcube.at ensures that the transmission of personal data in the EU member states or states that are party to the Agreement on the European Economic Area shall take appropriate safeguards for the rights and legitimate interests of the persons concerned.
How we use your personal information
- The personal information we collect allows us to keep you posted on Nextcube.at's latest products announcements, software updates, and upcoming events. It also helps us to improve our services, content, and advertising.
- We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.
- From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Nextcube.at, you may not sign out of receiving these communications.
- We may also use personal information for internal purposes such as auditing, data analysis and buyer communications.
NEXTCUBE.AT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
NEXTCUBE.AT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NEXTCUBE.AT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEXTCUBE.AT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY NEXTCUBE.AT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NEXTCUBE.AT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Nextcube.at reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Article 14 LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Nextcube.at be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Nextcube.at has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms and Conditions, Nextcube.at is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Nextcube.at's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Nextcube.at (but not including the purchase price for any products), or (2) 100.00 EUR.
Article 15 INDEMNITY
You agree to indemnify and hold Nextcube.at, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Nextcube.at by any third party due to or arising out of or in connection with your use of the Site.
Article 16 VIOLATION OF THESE TERMS AND CONDITIONS
Nextcube.at may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Nextcube.at's rights or property, or the rights or property of visitors to or users of the Site, including Nextcube.at's buyers. Nextcube.at reserves the right at all times to disclose any information that Nextcube.at deems necessary to comply with any applicable law, regulation, legal process or governmental request. Nextcube.at also may disclose your information when Nextcube.at determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Nextcube.at may preserve any transmittal or communication by you with Nextcube.at through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Nextcube.at determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Nextcube.at, its employees, users of or visitors to the Site, and the public.
You agree that Nextcube.at may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Nextcube.at, for which monetary damages would be inadequate, and you consent to Nextcube.at obtaining any injunctive or equitable relief that Nextcube.at deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Nextcube.at may have at law or in equity.
You agree that Nextcube.at may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Nextcube.at does take any legal action against you as a result of your violation of these Terms and Conditions, Nextcube.at will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Nextcube.at. You agree that Nextcube.at will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.
By accepting these terms and conditions during the purchase of the goods you are entering into a contract with the seller. All the Appendices mentioned in this document constitute its integral parts. Amendments or supplements to this Contract shall be valid only if made in writing and signed by the contracting Parties.
The seller shall not be entitled to assign the fulfillment of this Contract to third parties without buyer’s written consent. Breach of this rule shall entitle the buyer to cancel its purchase immediately. In case one of the Parties to this Contract cannot fulfill their obligations in due time, such Party shall inform in this regard all the other Parties hereto it in writing. These terms and conditions are binding and do not require a formal signature by both parties. Acceptance of the terms and conditions by the buyer during the purchasing process forms a binding contract.
Article 17 AMENDMENT OF THE TERMS AND CONDITIONS
Nextcube.at reserves the right to amend, delay, or to definitely terminate the service provided through the Site, and these Terms and Conditions at any time, and furthermore to change or delete the contents of the Site at any time without prior notification.
Article 18 GOVERNING LAW, MISCELLANEOUS
These Terms and Conditions shall be interpreted and performed in accordance with the laws of the Republic of Cyprus. The competent courts of Cyprus shall have exclusive jurisdiction for any dispute arising in connection with these Terms and Conditions. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The present Terms and Conditions are written in English languages. These Terms and Conditions constitute the only terms between Nextcube.at and the buyers and the relationship between them shall only be regulated by these terms. The present Terms and Conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings. To the extent that anything in or associated with the content of the Site is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence, unless prohibited by law. The headings of Sections and subsections of these Terms and Conditions are only for convenience of reference and are not intended to affect the interpretation or construction of any provision of these Terms and Conditions. If Nextcube.at fails to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of its right to enforce such provision.