Terms and Conditions
5. Right to refrain from execution for non-stock-items, Delivery and Lead Times
cube8 reserves the right to refrain from execution of an order if we don't have the product(s) ordered in stock and if they are also not available either at the publisher or the supplier. In this case we will inform you speedily about the lack of availability of the given product(s) and will refund you the full sum of the missing product(s) the on the spot. Orders will normally leave – depending of product availability – our shipping dock with 2 – 3 working days. Articles which are not in stock will be ordered without delay and come in as fast as possible. cube8 endeavors to fill your order(s) in one single batch. This could mean that we have to order missing products ourselves in order to send you your order in a single package. If missing products cannot be procured in a timely fashion, cube8 will send you all available products from stock and missing articles will follow in an extra delivery - as soon as possible - free of the additional shipping charges for you.
6. Cancellation Policy, Return Shipping Charges and Withdrawal Consequences
cube8 deems Orders and other Contracts in general as commited orders. Nevertheless the customer has the right to cancel the order and return all purchased items within a time-period of 14 days based on the rules and regulations of the Fernabsatzgesetz (FernAbsG) (off-premises-contracts law) beginning with the day that the customer receives the ordered items purchased. Compliance with this period of cancellation only requires a timely dispatch of the revocation notice (proof: postmark date). The revocation notice is to be send in writing either by way of normal mail to cube8 GmbH, Buecklestr. 13, D-78467 Constance, by fax to +49 (0)7531 - 2842218, via e-mail to firstname.lastname@example.org or by returning the items purchased to the above mentioned address. Please do not mail in the items you return via un-paid, forward mail (Gebühr bezahlt der Epfänger) as we will refuse reception due to expensive postage. The postage for the returned items have to be paid by the customer and you will be reembursed if the sales value of the returned items is at least or is in excess of 50,00€, if the return is within the scope of the above mentioned rights of the customer to return these items within the mentioned period. If the sales value of these products to be returned is below 50,00€ the costs or sending them back to cube8 is to be covered by the customer. Return Packages from customers that are based on incorrect delivery, damage or the like cube8 will only receive with proper postage. The Shipping Cost will, of course, be covered by cube8. In the event of an effective withdrawal any mutually received benefits are to be refunded or returned. If you are unable to release the rendered service either in full or in part or only in deteriorated condition, you may be liable to pay compensation in this respect. This does not apply if such deterioration of the products delivered can be attributed solely to its examination - as would have been possible at a retail location. Further, you may avoid the obligation for compensation by not using the merchandise as an owner and by refraining from any actions, which could affect its value. The customer has no right to return digital or non-digital deliveries of audio- and/or videorecordings (Compact Discs (CD), Digital Versatile Discs (DVD), Music- and Videocassettes) after the customer has opened the sealed packaging. The above described right to cancel is only eligible if the customer is not placing the respective order due to his commercial or self-employed activity.
7. Terms of Payment
All itmes have to be paid in advance. All Items contained in any order will remain the full property of cube8 until they have been paid in full in any given situation (according to german §449 BGB). cube8 is entitled to withdraw from the contract in any cases of breach of contract, especially the delay of payment and retains also the right to require to surrender and return of the respective goods delivered. The published prices provided by cube8 are subject to change at any time. Methods of Payment available are: bank withdrawal from a german bank account, CreditCard (MasterCard, Visa) or by Invoice.
The customer is obliged to check the merchandise in regards to any possible transportation damage and completeness upon reception. Objections of any kind regarding the received order are to be made known to cube8 immediately (in written form via either fax or email only) upon discovery. Should the delivered items fall short of cube8 standards of quality, cube8 will decide on how to proceed from thereon out in the following various possible manners: defects removal, replacement items, product price refund or any proceeding agreed upon between the customer and cube8.
9. Copyright/Intellectual Property
cube8 retains all copyrights and all intellectual property to all texts, every graphics design, text samples, audio samples, reviews and further information displayed on its website. Any copying and/or reproducing of the entire site or parts thereof is only allowed in order to place an order with cube8. All other used, displayed and mentioned Trademarks, Product Names, Publishing House Names, Labels or Company Names or Logos respectively are the sole property of there legitimate owner. Copying and Usage in any shape or form outside of the cube8-Online/Webshop of Bookcovers, audiosamples, CD- and/or DVD-Covers, product illustrations or their representations, every graphics design and design elements of a general nature, Productinformation and/or specifications as well as software-options as well as special and common features of the Online/Web-Shop, which are the property of cube8 is only permitted after the request of a written consent by cube8 is granted and layed out in writing.
Personally identifiable data is information, which can be used to retrieve the identity of the customer. This information includes the true name of the customer, address, postal address and the telphone number. Information which is not related to the true identity of the customer (mostly used in website statistics) are not part of the personal identifiable data and cannot be traced to them. Principally the customer is able to use the cube8 online-offerings without revealing his identity. When ordering items cube8 does need the customers true name and if needed, additional customer data (e.g. Company, Address, Telephone-Number for inquiries concerning the order placed) for delivery and invoicing. This information is being handled by cube8 secure servers in Germany and cube8 company computers. Access to these is only granted to qualified authorized personnel supervising the websites technical and commercial operations. In connection to customer access to the above mentioned servers they maintain data for reasons of backup, which potentially could identify a person (e.g. IP-Address, Date, Time and webpages visited). cube8 does not utilize any person-related data in that respect. The right to statistical evaluation of anonymous data sets remains reserved.
cube8 will only pass on person-related data to third parties if the execution of the ordered services by the customer (e.g. order and delivery of goods provided, newsletter-dispatches) requires it to do so. When the customer-order for goods or services commences, appropriate data needed to process the order will be passed on to Service-Providers (e.g. German Mail (Deutsche Post), DHL, GLS, DPD, ups, FedEx, Bank or CreditCard/POS-Payment Service Providers – based on given consent to withdraw the required funds in the respective payment for execution). The amount of transferred data in these matters is being kept to a required minimum. Please do note that in all other cases the customer´s person-related data will not be passed on third parties without the customer´s explicit consent. If cube8 is required by given law or court order to submit above mentioned customer data to law enforcement entities or authorized receipients concerning the matter.
The customer retains the right to disclosure of his information as well as revision, supension, and deletion thereof stored with cube8 at any time, free of charge. In order to do so the customer can reach customer services via the personnel mentioned on “Contact Us” page provided. This data will be corrected, deleted or blocked based on demand by the customer in writing (either via email, Fax or snail mail (postal mail)). Data related to Invoicing and Bookkeeping will not be effected by cancellation or deletion of the customer´s records.
On cube8´s website “Cookies” (small text files, which are stored locally on your computer) are being used for the sole purpose of providing user functions in relation to the shopping basket.
The Stock-Level-Meter/Lead Time Display can not be realized in real-time for technical reasons. In rare ocasions it can therefore happen that an item listed “in stock” is no longer available for immediate delivery or becomes completely unavailable at worst.
cube8 takes every effort to keep the article data, cover imaging, product description, playlists/audio samples, authors and artists correct, complete and continually up to date. Nevertheless, cube8 will not and cannot be held responsible for the accuracy, correctness and completeness of this data at any time.
Review derive from, as noted respectively, cube8 customers, publishing houses or media publishers, cube8 and/or its personnel. In general these reviews reflect the opinion of the review´s author, which is the reason that cube8 is particularly interested that a true full clearname is provided with the review. cube8 retains the right to remove unfitting reviews, which roughly looses the focus on the topic which the article reflects or stands for, without prior notice.
Disclaimer / External Links on our Site/Shop
A couple of Links point to targets outside of the sphere of influence of the cube8-Online-Shop. Despite inspection at the time of placing these links on our site to our best knowledge and belief, cube8 is not liable for the content of these external links. Should cube8 customer´s encounter dubious, offensive, illicit and/or illegal content on pages that cube8 is linking to externally, cube8 would like the customer to tell us about it at the earliest convenience, so that appropriate measures can be taken as soon as possible.
Should one part of these Terms and Conditions be void or invalid, it will not affect the efficacy of the remaining parts. These Terms and Conditons do not apply for resellers.