Terms & Conditions [last updated 12.04.2021]
These Terms and Conditions (“Terms”) govern the placing of orders with Timeqube sp. z o.o. (“we”, “ us”, or “Timeqube”) for our storage products and other accessories (“Products”). Please read these Terms carefully before submitting your order of any Timeqube Products. By submitting your order, you agree to be legally bound by these terms. Company information is provided at the end of this Terms and Conditions Document.
When placing a Pre-Order for Timeqube Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Timeqube shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to [email protected] e-mail address.
Additionally any and of all communications regarding pre-order cancellation, refund or complaint is to be sent to [email protected] e-mail address.
You acknowledge and agree that Timeqube may decline or delay reservations to avoid over-subscription or as it deems appropriate, provided that it will make efforts to inform you within 2 months prior to the expected delivery date.
Payment and Refunds
You will be charged the full Price of the Products at the time of placing the Order. If Timeqube is unable to commence shipping the Products on or before the six-month (6 month) anniversary of your placing the order, Timeqube shall process a full refund to you. Allow 30 business days from date of request for full refund to be processed. Your placing of a order constitutes your express agreement to Timeqube of charging the full Price of the Products at such time.
Timeqube will manufacture Products in batches according to the order in which the order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to manufacture and use Products for a variety of purposes, such as in-house and third-party testing and fit evaluation prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Product reservations offer for sale to the public (for instance, by auctioning off) a limited number of Products.
Standard shipping priority excludes the case of customers paying an extended express shipping rate fee. The express means that the particular order will be shipped as soon as possible using one, but not limited to, of the following carriers: UPS, FedEx, DHL, TNT.
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Timeqube does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Timeqube is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Right to Cancel section below.
Timeqube will ship the order products as soon as possible, but waives the right to complaint on the service rendered by the shipping company of choice. Any delays and other issues that may arise are the sole responsibility of the shipping company of choice. In such cases, the customer will be provided information regarding the status of the package and Timeqube will contact the shipping company on a best effort basis in order to resolve the issue.
We provide a 24 month warranty regarded from the date you received the product. If your Timeqube stops working within the warranty period the user is to notify Timeqube using [email protected] email address.
The warranty doesn’t cover Timeqube being drowned in liquids, dropped from heights or any other damage that may arise from improper use of the device.
We reserve the right to deny replacement on a per-case basis.
The purchase price (“Price”) for both individual and business customers based outside of the European Union is equal to the net price of the product and the net shipping cost. Any taxes and other government charges & levies demanded by the local regulatory authorities outside the European Union are the sole responsibility of the buyer.
The Price for business customers based inside the European Union and at the same time outside Poland is equal to the net price of the product. This price is available only if the customer provides a valid VAT-EU number. The necessary taxes and other government charges & levies demanded by the local regulatory authorities inside the customer’s country are the sole responsibility of the buyer on the basis of a “reverse charge” type payment to local authorities.
The Price for individual customers based inside European Union or inside Poland is equal to the net price of the product and the 23% VAT calculated based on the number of products in the virtual shopping cart. Any VAT disclosure obligations or alike demanded by the local regulatory authorities inside the customer’s country are the sole responsibility of the customer.
The Price for business customers based inside Poland is equal to the net price of the product and the 23% VAT calculated based on the number of products in the virtual shopping cart. The customer is obliged to provide a valid NIP (i.e. Polish VAT) number in order to be eligible for an VAT invoice. Any VAT disclosure obligations or alike demanded by the local regulatory authorities inside the customer’s country are the sole responsibility of the customer.
With regard to exporting consumer goods to individual consumers, an EU-VAT levy must be included on our side.
The only case when export with a 0% EU-VAT rate is possible, it concerns other business within the EU which bears a valid EU-VAT number.
Additionally, as a company based in the EU, Timeqube is not responsible for any additional fees/levies put by the local authorities in other economic areas. Such fees are the matter of the relationship between the area-appropriate tax/customs office and the final consumer.
If the Price goes up after order placement, your order is secure at the Price you have paid during the ordering process.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by
you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us at [email protected], Timeqube sp. z o.o., Sienna 64 street, 00-825 Warsaw, Poland of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than – (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Timeqube disclaims any warranties, express or implied, with respect to the prototype product displayed by Timeqube whether before or after you have placed the order. You understand and agree that the product, its design and technical features are currently under development and that the product available for purchase by you may be materially different from the prototype product. If for any reason you are unhappy with the final version of the product, your sole and exclusive remedy will be to cancel your order as described in Right to Cancel section above.
Limitation of Liability
Under no circumstance will Timeqube be held liable for any incidental, special or consequential damages arising out or related to this agreement. In the event Timeqube is held liable for any damages arising out or related to this agreement, your sole and exclusive remedy will be the full refund of your purchase without interest.
Timeqube is excused from performance under this Terms and Conditions, if such nonperformance results from any act of God, strikes, war, terrorism, riots, acts of governmental authorities, shortage of raw materials or any other cause outside the reasonable control of Timeqube.
Changes to the Terms
Timeqube reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your order as described in Right to Cancel section above.
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of Poland. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in Poland, the place were this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.
Timeqube sp. z o.o.
Sienna 64, 00-825
VAT: PL-5272871763, National Court Registry: 0000757654, REGON: 381827891, Registered in Warsaw
Contact e-mail address: [email protected]