Wucube.com Terms of Sale
1. Information about us and how to contact us
1.1 We are PDF ENERGY LIMITED (“PDFenergy”) (we or us) trading as Wucube.com. We are a company registered in England and Wales with company number 09252768. Our registered office is at Alston Oak House, Harlow Road, Sawbridgeworth, Hertfordshire, CM21 0AJ. Our U.K VAT number is 704128371.
1.2 You can contact us by writing to us at email@example.com and you may find a contact form to do so here: wucube.com/customer-services.
1.3 When we use the words “writing” or “written” in these terms, this includes emails.
2. Our contract with you
2.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.2 Please read the Terms of sale carefully and make sure that you understand them before ordering any Products from our Site.
2.3 By ordering any of our Products through our Site you agree to be bound by these Terms of sale.
2.4 By purchasing products and in any way making use of the products and information offered by PDFenergy, you agree to hold, but not limited to, PDFenergy, the owners, operators, contributors and participants of this site, harmless for any loss associated with such use, misuse or abuse.
2.5 You should print a copy of the Terms of sale for future reference.
2.6 Please understand that if you refuse to accept the Terms of sale, you will not be able to order any Products from our Site.
2.7 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we send you the Dispatch Confirmation.
2.8 If we are unable to accept your order, we will inform you of this either by phone or in writing and will not charge you for the product. This might be because the product is out of stock, we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If you have paid for the product, we will refund you the full amount including any delivery costs charged as soon as possible.
3. Our products
3.1 Products and packaging may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
3.2 The Products are as described as accurately as possible in our catalogues or brochures or included on our websites (including the Site). You shall decide before placing any Order, that the Products to be ordered are suitable for your requirements and we accept no liability in respect of that decision.
3.3 We reserve the right to amend the specification for any of the Products if required by any applicable statutory or regulatory requirements.
3.4 You are specifically advised that the products and materials are intended for experimental, educational and entertainment purposes only. You accept full responsibility for their use.
3.5 In no event shall our company be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of the products, above the price payable for the Products.
4.1 The costs and methods of delivery will be as displayed to you on the individual product pages and finally at the ‘checkout’ page.
4.2 During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
4.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
4.4 We shall ensure that each delivery of the Equipment is accompanied by an appropriate proof of delivery.
4.5 We shall not be liable for any delay in delivery of the Equipment that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment.
5. Your rights to cancel
5.1 The Wucube guarantee offers a 100% satisfaction promise, so if you don’t like any of your purchases for whatever reason, simply return them within 28 days and we’ll give you a replacement or your money back. The Wucube guarantee is in addition to your statutory rights (see below).
5.2 We are under a legal duty to supply products that are in conformity with the contract. If what you have bought is faulty or miss-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back).
6.1 We will refund you the price you paid for the products including delivery costs, by the method you used for payment, or any other method determined by us.
6.2 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
7. Price and payment
7.1 The price of the product will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product stated is correct. However please see below for what happens if we discover an error in the price of the product you order.
7.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
7.3 We accept payment with all major credit and debit cards. You must pay for the products prior to completing your order.
8. Limitation of liability
8.1 The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
(a) any breach of the Contract; and
(b) any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising out of or in connection with the Contract.
8.2 Except as set out in the Supply Terms, all warranties, conditions and other terms implied by statute or common law are excluded from the Contract to the fullest extent permitted by law.
8.3 Nothing in the Supply Terms shall exclude or limit our liability for:
(a) fraud, fraudulent misrepresentation or willful default;
(b) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979.
8.4 Subject to clause Above 8.3:
(a) we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise for consequential or indirect loss or damage of whatsoever nature; and, whether direct or indirect: loss of profits; or loss of business; or depletion of goodwill or similar losses; or loss of anticipated savings; or loss of contract; or loss or corruption of data or information; whatsoever or howsoever arising.
(b) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price payable for the Products which are the subject of the claim.
(a) Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force.
(b) If we decide to change these terms, we will post the new version on the website. Any orders placed after this time will be subject to the new version.
(c) If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
(d) These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Website terms and conditions
This website (Wucube.com) and other PDFENERGY LTD websites which link to this page are owned by PDFENERGY LTD (“PDFenergy”).
Use of our websites
If you have purchased a license, subscription or otherwise entered into an agreement with us, you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated on the relevant website.
Access to PDFENERGY LTD websites
We try to ensure that website availability is uninterrupted and that transmissions will be Error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.
Accounts and passwords
Intellectual property rights
The content, layout, design, data, databases and graphics on this website are protected by UK and other international intellectual property laws and are owned by PDFenergy. Unless expressly permitted in writing in a license agreement, and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor, shown in public.
The trademarks and logos which are displayed on the websites are the trademarks of PDFenergy Limited. Any use including framing, metatags or other text utilizing PDFenergy Limited’s trademarks or other trademarks displayed is strictly prohibited without our express written consent.
Permission for use of our intellectual property
Any request for permission to use our content or images, or other use of our intellectual property not authorized under a subscription, should be made to PDFenergy Limited.
Our websites contain links including hyperlinks which may take you outside PDFenergy’s websites. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside PDFenergy’s websites.
You may not establish a link to any PDFenergy website which suggests a form of association, approval or endorsement on our part, unless we have expressly agreed to this in writing. We reserve the right to withdraw any linking permission upon notice to you or by amending these terms and conditions.
You are permitted to use one of the popular ‘offline browsers’ that allow you to download content from a site and read it later, but this permission extends to only a small proportion of content, strictly for your personal non-commercial use.
Disclaimers and limitations of liability
- General disclaimers
Description or reference to a product or publication does not imply endorsement of that product or publication, unless it is owned by PDFenergy. In this case, it is subject to the disclaimers and limitations of liability herein and within any license or other agreement with you, the latter of which shall prevail in the event of a conflict. To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy.
We try and ensure our websites are available for use 24 hours a day, 7 days a week, other than for a small period for scheduled down time. However, we do not warrant that at other times our websites shall be available. To the fullest extent permitted by law, we shall be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make any of our websites inaccessible to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PDF ENERGY LTD EXPRESSLY EXCLUDES:
- ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;
- ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;
- ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND
- OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF
NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS.
You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:
- fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, racist, abusive, threatening, defamatory, invasive of privacy, in breach of confidence, infringes any intellectual property rights, or is otherwise injurious to third parties; or is objectionable; or which consists of or contains software viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
- to cause annoyance, inconvenience or needless anxiety
- to impersonate any third party or otherwise mislead as to the origin of your content
Governing law and jurisdiction
To the fullest extent permitted by law, these terms will be governed by the laws of England and shall be governed and construed in accordance with the laws of England whose courts shall have exclusive jurisdiction, unless as at the date of formation of any agreement with you either i) the laws of England would not be upheld in the Courts in the users stated country location; ii) an English judgement could not be enforced in the user stated country location; or iii) it would take six months or more for PDFenergy to enforce an English judgement in the users stated country location, then it is hereby agreed that this Agreement shall be governed by the laws of the subscriber’s stated country (or state if applicable) and their courts. Notwithstanding any of the above, this clause is governed by the laws of England.
Date of last update: August 2015
WUCUBE LIMITED WARRANTY
The warranty obligations of PDFENERGY LTD (09252768) for this product (“Wucube”) are limited to the terms set forth below:
WHAT IS COVERED
This limited warranty covers defects in materials and workmanship in this product.
WHAT IS NOT COVERED
This limited warranty does not cover any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of nature. This limited warranty does not cover any damage, deterioration or malfunction resulting from any unauthorized tampering with this product, any repairs attempted by anyone unauthorized by PDFENERGY to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product. This limited warranty does not cover any accessories used in conjunction with this product.
Without limiting any other exclusion herein, PDFENERGY LTD does not warrant that the product covered hereby, including, without limitation, the technology and/or integrated circuit(s) included in the product, will not become obsolete or that such items are or will remain compatible with any other product or technology with which the product may be used.
LENGTH OF COVERAGE
This limited warranty lasts for five (5) years from the date of original purchase of this product.
However, the exposed metallic surfaces of the product (“Wucube”) may fade or discolor over time, this is purely cosmetic requiring re-polishing, so are limited to a one (1) year warranty.
WHO IS COVERED
Only the original purchaser of this product is covered under this limited warranty. This limited warranty is not transferable to subsequent purchasers or owners of this product.
WHAT PDFENERGY LTD WILL DO
PDFENERGY will, at its sole option, provide one of the following three remedies to whatever extent it shall deem necessary to satisfy a proper claim under this limited warranty:
- Elect to repair or facilitate the repair of any defective parts within a reasonable period of time, free of any charge for the necessary parts and labor to complete the repair and restore this product to its proper operating condition. PDFENERGY will also pay the shipping costs necessary to return this product once the repair is complete.
- Replace this product with a direct replacement or with a similar product deemed by PDFENERGY to perform substantially the same function as the original product.
- Issue a refund of the original purchase price less depreciation to be determined based on the age of the product at the time remedy is sought under this limited
WHAT PDFENERGY LTD WILL NOT DO UNDER THIS WARRANTY
If this product is returned to PDFENERGY or the authorized dealer from which it was purchased or any other party authorized to repair PDFENERGY products, this product must be insured during shipment, with the insurance and shipping charges prepaid by you. If this product is returned uninsured, you assume all risks of loss or damage during shipment. PDFENERGY will not be responsible for any costs related to the removal, installation or re- installation of this product from or into any location. PDFENERGY will not be responsible for any costs related to any setting up this product, any adjustment of user controls or any programming required for a specific installation of this product.
OBTAINING A REMEDY UNDER THIS WARRANTY
To obtain a remedy under this limited warranty, you must contact either the authorized PDFENERGY LTD (“Wucube”) reseller from whom you purchased this product or either of the following Websites. Please visit our web sites at www.wucube.com or www.pdfenergy.com and complete the Customer Service Contact Form.
In order to pursue any remedy under this limited warranty, you must possess an original proof of purchase from an authorized PDFENERGY (“Wucube”) reseller. If this product is returned under this limited warranty, a return authorization number, obtained from PDFENERGY (“Wucube”), will be required. You may also be directed to an authorized reseller or a person authorized by PDFENERGY LTD (“Wucube”).
If it is decided that this product should be returned directly to PDFENERGY, this product should be properly packed, preferably in the original carton, for shipping. Cartons not bearing a return authorization number will be refused.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PDFENERGY LTD SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF PDFENERGY LTD CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER APPICABLE LAW.
IF ANY PRODUCT TO WHICH THIS LIMITED WARRANTY APPLIES IS A “CONSUMER PRODUCT” UNDER THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C.A. §2301, ET SEQ.) OR OTHER APPICABLE LAW, THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES SHALL NOT APPLY TO YOU, AND ALL IMPLIED WARRANTIES ON THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE, SHALL APPLY AS PROVIDED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, PDFENERGY LTD ALSO EXCLUDES ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY CUSTOMER, OR FOR THE LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER INFORMATION OR FINANCIAL LOSS ARISING OUT OF OR IN CONSEQUENCE WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF PDFENERGY LTD OR ITS DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT PDFENERGY LTD’ OPTION. THIS LIMITATION OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. Some countries, districts or
States do not allow the exclusion or limitation of relief, special, incidental, consequential or indirect damages, or the limitation of liability to specified amounts, so the above limitations or exclusions may not apply to you.
IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET HEREINBEFORE, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
This limited warranty gives you specific legal rights, and you may have other rights which vary from country to country or state to state.
This limited warranty is void if (i) the label bearing the serial number of this product has been removed or defaced, (ii) the product is not distributed by PDFENERGY LTD or (iii) this product is not purchased from an authorized PDFENERGY LTD reseller. If you are unsure whether a reseller is an authorized PDFENERGY LTD reseller, Please visit our web sites at www.wucube.com or www.pdfenergy.com and complete the Customer Service Contact Form.
Should a court of jurisdiction not allow the entire exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, such implied warranties and such liabilities will be limited to the duration of the applicable express warranty.
GOVERNING LAW AND PLACE OF JURISDICTION
This Limited Warranty shall be governed by the laws of the United Kingdom, excluding all conflict of laws principles and excluding the United Nations Convention on the International Sale of Goods dated 11 April 1980. The ordinary courts at the PDFENERGY LTD registered office in Sawbridgeworth, United Kingdom shall be competent. PDFENERGY LTD shall, at its sole discretion, also be entitled to take legal action in the competent courts at the Customer’s place of business or domicile.
THANK YOU FOR YOUR PURCHASE
PDFENERGY LTD thanks you for purchasing a PDFENERGY LTD product.
We hope it will give you years of satisfaction.