Terms of service

1. About these Terms and Conditions
2. Placing an Order
3. Supply of Products
4. Prices
5. Methods of payment for the Products and / or Services
6. Delivery, Risk and Ownership of the Products
7. Return of Products and Cancellation of Services
8. Password and Authorization
9. Software
10. Software Support
11. One (1) year limited conventional warranty
12. Our Responsibilities
13. How to Contact Us
14. Export Controls
15. Data Protection
16. Causes of Force Majeure
17. Applicable Law and Jurisdiction
18. Miscellaneous
19. Definition of Terms
1. About these Terms and Conditions
1.1 The following terms and conditions of sale ("Agreement") apply between PCube Srl Unipersonale, with registered office at Via Friuli Venezia Giulia 8, 30030 Pianiga (VE) Italy, if the purchase is made at the PCube headquarters, also remotely by telephone, email or if the purchase is made on the PCube online store ("Pcube Shop") and the Customer, in relation to the supply of hardware, software, manufacturer accessories ("Products") and PCube services ("Services") by PCube to the Customer.
In this Agreement, "Pcube" and "We" refer to PCube Srl Unipersonale and "Customer" to the Customer. No further terms and conditions will be applied, including, by way of example, any terms and conditions indicated in the orders placed by the Customer, unless PCube expressly accepts these terms and conditions in writing with the signature of an authorized signatory. The Customer and PCube will be the only subjects entitled to the rights provided for in these Terms.
2. Placing an Order
2.1 By submitting an Order to PCube, the Customer makes an offer to purchase the Products and Services chosen under the Conditions and Terms indicated here. We reserve the right to accept or not accept the offer, or any associated order, at our sole discretion.
2.2 PCube offers different ways of placing orders:
2.2.1 Order outside the Shop: you can place an Order by sending it to PCube Srl by post, email or fax to the addresses listed in these Terms. The order may also be our quote signed by you and completed with your billing and shipping details. Please ensure under your sole responsibility that at the time of transmission of the Order, this (i) is duly signed by an authorized representative of the Customer, (ii) that it bears the official stamps of the Customer or that it is printed on the letterhead of the Customer. Orders placed in any other way, including, by way of example, orders placed by phone or by email without an attached document corresponding to the aforementioned requirements, are not valid and will not be accepted. Following receipt of the order, we will make the appropriate assessments and any requests for clarification will not in themselves constitute acceptance of your order. If the Order is accepted, we will notify you of the acceptance by issuing a specific Order Confirmation with its confirmation number. If the Order is not accepted, we will inform you by email, by telephone or by ordinary mail. The price of the Products and Services will be that communicated in our order confirmation. VAT and any other taxes or contributions required by law will be at your expense, according to the percentage indicated in the order confirmation. We will send you the order confirmation complete with payment instructions to the email address you have provided.
2.2.2 Order at the PCube office: you can place an order by going to the PCube office, bringing with you the Order printed on company letterhead and the items to be purchased ("Order Form"), the business card of the person placing the order and a photo ID of the same person as the business card. If the order at the PCube is accepted, we will issue the relevant order confirmation with payment instructions as described in point 2.2.1.
2.2.3 Online order: you can place an order by filling out the Order Form in the PCube Shop online store, entering your data and user ID and password and clicking on the appropriate button to send the cart. Alternatively, you can send an Order by fax to the number: 041 8633051. When placing an Order, we will automatically assign you a Web Order Number through the online Shop. Please note that the Web Order Number is indicated for reference only, and does not in itself constitute acceptance of your Order.
By placing an Order, you will have made an offer to purchase the Products and / or Services chosen under the Conditions and Terms indicated here. We reserve the right to accept the offer or not at our sole discretion.
If the Order is accepted, we will notify you of the acceptance by issuing our Order Confirmation or by accepting the payment in the case of the online store. The Order Confirmation will be sent only and exclusively via the email you indicated in the order.
While we undertake in any way to provide you with the Products and / or Services listed in the Order Confirmation, situations may arise where we will not be able to provide such Products and / or Services because, for example, (i) the Products or Services are discontinued or no longer available, or (ii) we are unable to procure the related components, or (iii) an error has occurred in the price indication in the online shop or at PCube. In such circumstances, we will contact you to inform you and possibly suggest alternative Products or Services to purchase. If you do not want to accept our suggestions, we will cancel the Order and refund the amounts if paid by you. Except as provided for in clause 11.4, the reimbursement of such sums will represent in its entirety our responsibility towards you in the event of non-delivery of the Products and / or Services ordered by you.
The information contained in any advertising material, brochure or other written document or on any website provided to you by our agents, employees or collaborators are to be considered an invitation to negotiate and none of such information constitutes an offer by us to the supply of Products and / or Services.

3. Supply of Products
The supply (excluding installation) of the Products and / or Services indicated in your Order Confirmation will be carried out according to the Terms and Conditions set out in these terms of sale.

4. Prices
4.1 The Price of the Products and / or Services will be that indicated in the Order Confirmation.
4.2 The VAT will be at your expense, according to the applicable percentage indicated in the Order Confirmation. VAT exempt subjects must highlight it, and send information relating to the exemption, at the same time or before sending the order.

5. Methods of payment for the Products and / or Services
5.1 The Products and / or Services purchased may be paid for in the manner highlighted from time to time in our order confirmation or in our quotes or in the checkout of the online store.
5.2 Payments must be made in legal tender currency as indicated in the relevant order confirmation, in our quotes, in the checkout or on the invoice.
5.3 If payment is made by credit card, at the time of placing the Order you must take care to indicate the necessary data of your credit card. The relative charge will be made in the manner provided for in the payment conditions. We will not start the production of your Products or the supply of the same or even the performance of the Services until the issuer of your credit card has authorized the use of the same for the payment of the Products ordered. You will be notified of any failure to receive the aforementioned authorization. In any case, we reserve the right to verify the identity of the credit card holder by requesting adequate documentation.
5.4 At our discretion, shipments will be made on the basis of the credit conditions that will eventually be applied by us when the Order is accepted. If PCube considers that the credit conditions established at the discretion of PCube from time to time are applicable, payments must be made no later than the deadline indicated in the order confirmation or invoice. We reserve the right, upon written notice, to declare you forfeited the benefit of the term in the event of a breach of any of the obligations assumed towards us, including failure to pay within the established term. We also reserve the right, both in general and with respect to any specific order, to vary, change or limit the amount or duration of the credit granted. The amounts not paid on the due date will be increased by a percentage of default interest (calculated daily for each day of delay in payment) applied to the default interest pursuant to Legislative Decree. n. 231 of 9 October 2002.
5.5 Should we have reasonable grounds to believe that (i) you will not make the payment relating to an Order Confirmation in accordance with clause 5 above, or on the basis of the agreed credit conditions; and / or (ii) that you will not respect the maximum amount relating to the agreed credit possibly granted, we may postpone or refuse delivery relating to this Order Confirmation.
5.6 We will send you the Order Confirmation, the payment request and a copy of your Invoice to the email address indicated in your Order.

6. Delivery, Risk and Ownership of the Products
6.1 All products will be shipped to the agreed delivery address indicated in our Order Confirmation. The delivery dates indicated in the Order, in the Order Confirmation, in any of our other communications (both oral and written) or in the online store, will be considered only as estimates of delivery times. Any failure to deliver on a specific date will not give rise to any of our liability towards you. In the event of a delay with respect to the expected delivery, for example for transport reasons or production delays, you will be informed we will be at your side to keep you updated.
6.2 Delivery will take place during working days and usual working hours unless otherwise specified.
6.3 We will not deliver any Product and will not provide any Service to an address or recipient that has not been expressly indicated by you.
6.4 We may make partial shipments of the products you have ordered, which can be invoiced separately and paid pro rata for the amount due. Any delay in delivery of any product will not release you from the obligation to accept subsequent remaining deliveries.
6.5 Unless otherwise agreed in writing, all shipments will be considered correct and undamaged unless at the time of delivery you accurately specify, on our copy of the delivery note, any shortcomings or errors in the delivery or inform us in writing of such deficiencies or errors, within fourteen (14) days from the date of delivery of the goods shipped. Failure to communicate by you will constitute a waiver of any claim. Any communications in this regard must include the Order Confirmation Number and the Transport Document number and the exact description of the differences between the order and the shipments received, with reference to the number and type of Products shipped. In the event of finding incomplete shipments, it will be our discretion to arrange for a replacement shipment or to proceed with a refund for the goods not received by crediting your account within (30) days of receiving your written communication.
6.6 The risk of loss or damage to the Products will be transferred to you upon delivery to the address indicated in the Order Confirmation. For orders collected at PCube, the risk of loss or damage to the Products will be transferred to you at the time of collection.
6.7 Regardless of the aforementioned terms of delivery and transfer of risk, the ownership and the right to regain possession of the Products purchased from PCube remains with the latter until full payment of the price of the Products, any packaging and transport costs and of any default interest. In the normal course of your business, you may sell the Products subject to shipment or collection. If the requested payment has not been made, the Products will be returned to us at your expense. For this purpose, you grant us irrevocable permission to enter the premises where the Products are located and, at our discretion, to act on behalf of PCube. In the event of non-payment, PCube will suspend the provision of the Services, including, by way of example, after-sales technical assistance and training courses.

7. Return of Products and Cancellation of Services
Please note the following.
• For Products purchased from subjects with a VAT number, there is no return or replacement.
• For Products purchased from subjects without a VAT number, there is no return in the case of products ordered "made to measure" and the return is also provided on condition that you return the Products together with the original purchase invoice and packaging within fourteen ( 14) calendar days from receipt of the same. The reimbursement may be subject to deductions in the amount after a check of the return by PCube. For example, opening the box will result in a decrease in value of 30%, any missing parts and damage will be quantified by PCube with a written statement that will be sent to the Customer for approval before the relative refund.
• There is no return for the Software Products, not even for subjects without VAT number.
• You can cancel the after-sales technical assistance service, with automatic renewal or not, but no refund will be due for this.
The Products can be returned exclusively to the PCube headquarters.
The provisions will not limit your legal warranty rights.
8. Password and Authorization
8.1 The online shop requires you to enter your login and password for registration. The account will be generated automatically without any explicit authorization from PCube.

9. Software
9.1 The Software is licensed under the terms and conditions of the software license agreements applied by the respective manufacturers. The aforementioned license agreements are sent together with the Software or are provided during the Software download operation in accordance with the provisions of clause 9.3 below.
9.2 It will be your responsibility to ensure that any Software or Product ordered by you is suitable for your needs and compatible with your systems and places of activity.
9.3 You will also have the right to purchase any downloadable software with download indicated in the online store, using your password and User ID. This Software can only be paid for by credit card. Once the issuer of your credit card has notified us of the authorization to use it for payment, you will be provided with instructions to begin downloading the Software. If, during this operation, the transfer is interrupted for any reason, you will have to start a new download procedure. If you are unable to complete the download and / or install the software, you can purchase the relative assistance service from PCube.

10. After sales assistance
10.1 Except as otherwise provided, in the online shop or in our Order confirmation, we will provide you at no additional cost a telephone and email support service for the products purchased for a period of up to 90 days from the date of purchase (date indicated on the invoice).
10.2 The telephone support service may consist of help and telephone assistance in relation only to problems relating to the set-up and installation and verification of the correct functionality of the product.
10.3 The telephone support service is available from 09:00 to 12:30 and from 14:00 to 17:30 on all Business Days. The telephone number of the telephone support service is 041 8633009, supporto@pcube.it is the relative email address.
10.4 The support provides that you can send a single question that we will try to resolve if possible at the first answer and if not, we will contact you, in the way we consider most appropriate, to suggest a solution. You can only send another question after the first question has been closed.

11. One (1) year limited conventional warranty
11.1 All New Hardware Products are guaranteed against defects in the materials used and construction for a period of one year from the date of purchase. The terms and conditions of the guarantee, which must be considered as an integral part of this Agreement, are available for your consultation on the websites of the respective manufacturers. These warranty terms and conditions are also contained in the purchased Hardware package. It is possible to view the limited warranty of Hardware products, including any limitations and exclusions, before proceeding with the purchase, by clicking on the appropriate link indicated. This limited warranty covers Hardware products only and does not cover Software, Services or other Products. For information regarding the warranties applicable to the Software, you will need to refer to the relevant Software licenses.
One-year limited warranty for new products.
You can send your Hardware product under warranty to the PCube headquarters or directly to a Manufacturer's service center (see point 11.2). We will not be in any way responsible for any problems that may be caused by a Manufacturer's assistance service.
If you intend to contact us in relation to the warranty, you can do so in the ways, on the days and times relating to after-sales assistance indicated in point 10.3, indicating the serial number of your hardware.
11.2 Products with assistance provided directly by the Manufacturer
For products where applicable, all warranty claims, where relevant, must be made in accordance with the terms and conditions of any standard manufacturer's warranty provided with the purchased Products. In relation to any warranty issued by the manufacturer, all possible warranty claims must first and foremost be addressed both directly to the manufacturer. Should the request reach us, we will in any case make every reasonable effort to resolve any problems in your interest, possibly making a connection with the Manufacturer.

12. Our Responsibilities
12.1 These conditions and terms represent in their entirety our obligations and responsibilities in relation to the supply of the Products (and the execution of the warranty and telephone assistance services) and the execution of the Services.
12.2 We will not be bound by any other warranties, conditions or terms other than those expressly set forth in this Agreement.
12.3 Any warranties, conditions or other terms relating to the Products or Services that may be related to the Agreement or contained therein by law, according to usage or otherwise (including, without limitation, any implied conditions with regard to quality, fitness for purpose , to reasonable attention and expertise) are expressly excluded here. In particular, PCube will not be absolutely required to ensure that the Products are suitable for your purposes.
12.4 These contractual provisions may in no case exclude or limit our liability (i) in the event of death or personal injury attributable to our negligence (ii) in the event of willful misconduct or in the event of (iii) any breach of obligations determined by law mandatory in force in your country, or (iv) in case of any liability which by law cannot be excluded.
12.5 Except as provided in the previous clause 12.4., We will not be liable, in relation to this Agreement, in the event of loss of revenues, profits, contracts, data or for any other direct or indirect damage of any kind, arising or otherwise connected to contractual or non-contractual (including negligent), or other types of non-fulfillment.
12.6 Except as provided in the previous clause 12.4., The maximum limit of overall liability to be borne by us under this Agreement, whether contractual, unlawful (including negligence) or for any other reason, may in no case exceed the amount owed by you to PCube in relation to the Products and / or Services in question.

13. How to Contact Us
It is possible to contact us in the following ways:
• by phone at the toll-free number 041 8633009 from 09:00 to 12:30 and from 14:00 to 17:30 from Monday to Friday, or
• by email: info@pcube.it; or
• by ordinary post, writing to: PCube Srl Unipersonale, Via Friuli Venezia Giulia 8/12 - 30030 Pianiga (VE) - Italy
Where you contact us in relation to your Order, you must always indicate our order confirmation or relative invoice.

14. Export Controls
By this Agreement you undertake to comply with all Export Laws. In particular, you undertake to (i) not export the Products to any country in violation of the Export Laws and (ii) not to export the Products to countries where a particular government authorization or license for export is required, without having previously obtained the necessary licenses and authorizations. You expressly acknowledge and guarantee that you are not a citizen or resident, or domiciled in a country to which the export of the Products is not prohibited by any legislation that regulates the export.

15. Data Protection
By placing the Order, you accept and acknowledge that PCube may store, process and use the data contained in the Order for the purpose of executing your Order. Some of the information you provide to us will be transferred by us to the companies we use to ship the Products. PCube will protect such information according to the Rules for the Protection of Privacy for PCube users, which can be consulted at the website www.pcube / it / privacy. We work with other companies that help us provide you with the Products and Services. For example, we may forward your information to the companies that will handle the delivery of the Products, or to ensure that you can take advantage of discounts or special conditions on purchases. Furthermore, if you have requested a loan to pay for the purchased Products, some of the information you will provide us will be forwarded to the companies that will finance your purchase. We may also occasionally share your information with carefully selected third-party companies, whose products can be purchased from PCube, in order to be able to inform you from time to time about other products and services that may be of interest to you. For more information on how your personal information is protected, we invite you to consult the Privacy Policy for PCube users, available on the website www.pcube / it / privacy. If you intend to access your personal information in our possession, if you want to modify it, or if you do not wish to receive information from us or from third-party companies, you can contact us in the manner described in the privacy document.

16. Causes of Force Majeure
We will make every effort to perform all obligations assumed under this Agreement. In any case, we will be exonerated from any responsibility in case of delays or failures caused by circumstances beyond our control. In case of delay, we will perform the obligations assumed as soon as reasonably possible.

17. Applicable Law and Jurisdiction
This Agreement will be governed by Italian law and any dispute arising from or in any case connected to this Agreement or to any order transmitted on the basis of the same will be subject exclusively to the jurisdiction of the court of VENICE.

18. Miscellaneous
18.1 In the event that one or the other party fails to assert any of the rights due to it under this Agreement, this will not constitute a waiver of the rights themselves. Such failure to exercise will in no way entail the renunciation of asserting these rights subsequently.
18.2 Any invalidity or ineffectiveness of any of the clauses of this Agreement, will in no case affect the validity or ineffectiveness of the other contractual clauses, which will remain in force and will be interpreted in such a way as to reflect as much as possible the will of the parties based on of this Agreement.
18.3 If (a) a trustee, administrator, liquidator, judicial administrator, or similar official is appointed for you or in relation to the management of your assets, if you proceed to a transfer of assets to creditors, if your company is subject to bankruptcy proceedings or to other insolvency proceedings, or is placed in liquidation or dissolved, or an application is presented or a provision is issued for the cessation of the activity or the cessation of the activity is threatened or any action is taken against you due to debts or events similar or analogous to those described above occur; or (b) if you default on any obligation under this Agreement or any other agreement between you and us, we may at our discretion suspend further deliveries; and / or terminate the Agreement immediately without notice.
18.4 Neither this Agreement nor any Order may be assigned by you, nor can you delegate to third parties the fulfillment of your obligations under this Agreement without prior written authorization from us which cannot reasonably be denied. We may assign the Contract to third parties without your consent provided that the aforementioned assignment takes place in favor of a company that is entitled to manage the products and services you have purchased.

19. Definition of Terms
19.1 In the context of these Terms and Conditions:
"Accessory" means any accessory of the product, such as a vice for a CNC machine or a tray for the material of a 3D printer;
"Agreement" means these terms and conditions;
"Customer" means a legal entity (defined by us from time to time) admitted to purchase the Products and Services from time to time available on the Shop on Line site or at PCube;
"Order Confirmation" means the order confirmation issued by us containing the acceptance of your Order on the website or at PCube;
"Invoice" means the invoice issued by us for the price of the products or services;
"Business Day" means any day other than Saturday, Sunday or a public holiday in Italy;
"Hardware" means any Product which is not a Software, a Service or an Accessory;
"Export Laws" means all laws, regulations, European Union and Italian provisions applicable to exports, re-exports, transfers and resale of products;
"Information Form" means the registration form available on the PCube site which must be duly completed and sent to PCube by the Customer;
"Order Form" means the order form in electronic format on the website;
"Web Order Number" indicates the order number to be automatically assigned to your Order;
"Order" means the order made by you in accordance with these Terms and Conditions;
"Product" means any product on the Website that is provided to you under these terms and conditions and which may include the provision of the Services;
"Services" means any chargeable service (with the exception of warranty and telephone support services) present on the Website that is provided to you under these terms and conditions;
"Website" means our website for Customers with domain and subdomain respectively https://www.pcube.it and https://shop.pcube.it
"Software" means any Software Product including, but not limited to, operating systems, bundled software, standalone software and transferable software.