“The Cube Company” is a simplified joint stock company with a capital of 1.933 euros, located 8, Boulevard Louis XIV 59 000 Lille registered with the Lille Trade and Companies Register under number 833 510 886, Mr Olivier FINET is the chairman of the company board.
The Cube Company can be reached at: firstname.lastname@example.org
Company offices are at: The Cube Company 225, Rue des TEMPLIERS, 59000 Lille, France Company Web site: www.cubeyourlife.com
The Company has designed an application “Cube your Life” which purpose is to supply a Cube and games to play together every where The present General Sales and Use Terms and Conditions (GSUTC) shall come into force on the date of their on-line publication and shall apply as of the first use of the Website. They constitute a binding agreement between you and “Cube your Life” and “The Cube Company” These GSUTC are accessible at any time on the Website and shall prevail, if necessary, upon any other version or any other document signed by both parties.
Each term hereafter beginning with a cap letter shall have the meaning granted to it in its definition.
Seller: merchant or initial provider.
User: any adult person or legal entity which accesses visits or uses the products or one of its functionalities. Company: “Cube your Life” and “The Cube Company” designer and owner of the products
Products: goods or Services delivered by “Cube your Life” and “The Cube Company” or his affiliates and sellers. Party: shall cumulatively or alternatively refer to the User, the Company or the Seller.
Article 1 – Object
Access to and use of the website are subject to the following conditions. Please do not use this website unless you agree with these conditions. This website has been developed by “The Cube Company” and is administered by the same. We reserve the right to discontinue or to make partial or complete modifications to this website or to the General Conditions of Use, to our General Terms and Conditions, and to our Conditions of Sale and Delivery. Please note that we may make such changes at our own discretion and without prior announcement. We must therefore ask you, next time you visit this website, to view the conditions again and to note any changes or amendments that may have been made.
The object of the website “Cube your Life” is, without limitation, to allow the User via a remote communication to ask the Company to carry out a delivery of good or perform a service.
To this effect, the Company website is acting as an intermediary between the User and the Seller.
Should a problem arise resulting from the delivery of a defaulting product or the performance of a service that does not comply with the order, the User shall contact the concerned Seller, without prejudice to his withdrawal right according to the law in force.
Article 2 – Conditions of registration to the Website and modalities of the orders
2.1. Before placing an order, the User shall register on the Website www.cubeyourlife.com by using the form at disposal and fill in.
In order for his registration to be validated, the User shall accept the present GSUTC by clicking on the designated button.
2.2 The User’s order shall be validated and his credit card debited only after he gives his express agreement on the price corresponding to the requested good or service. Any contestation on this point shall take place in the framework of a possible exchange and guaranties as mentioned below.
In certain cases, in particular default payment, wrong address or any other issue concerning the User’s account, the Company shall reserve its right to block the User’s order until full resolution of the problem.
In the event of unavailability of the ordered good or impossibility to perform a service, the User shall be informed by “Cube your Life”.
The User shall be informed that the products and services are offered to the sale within the limit of their availability.
The unavailability of a good or service shall in no event give rise to any indemnity. Generally speaking, the User shall accept and acknowledge that the effectiveness of the service is not guaranteed by the Website.
In the event that the service cannot be provided, the User shall be informed concomitantly to his request.
In light of the large number of requests placed via the Website, if the service cannot be performed or the good delivered immediately, the User shall be placed on a wait list and served according to the availability of the ordered goods.
The User is informed and accepts that his personal data – last name, first name, e-mail, telephone, gender, address – be communicated to the Seller.
The Company shall confirm to the User the summary of the order, thus confirming the express commitment of the Parties.
Article 3 – Electronic signature
The provision on line of the User’s credit card number and the final validation of the order shall evidence the agreement between the parties in accordance with the provisions of Law regarding payability of amounts due under the purchase order and acceptance of transactions carried out.
In case of a fraudulent use of his credit card, the User is invited to contact “Cube your Life” and “The Cube Company” immediately when he notices such fraud.
Article 4 –Means of payment and evidence of the transaction
The Company uses the secure payment service provided by his bank.
4.1 The confidential data such as the 16 digit credit card number, the expiry date as well as the CVV code shall be directly transmitted onto the server of the banking establishment. The Company does not have access to such data. Confirmation of the order results from the acceptance of the offer. The acceptance of the offer shall entail acceptance of the order. Your order shall be binding upon you once you click on the word “order”.
4.2 Any request for an invoice shall be directly sent to the Company. In order to secure the transactions and to prevent frauds in distance sales, the Company may carry out controls on the orders. The Company reserves its rights to postpone the treatment of any order or delivery in case of refusal of payment authorization from the officially accredited organisms or in case of non-payment.
The Company also reserves its right to refuse to deliver an order from a User who failed to totally or partially pay the previous order and with whom a payment litigation is pending.
The Company implemented a checking procedure of the orders so as to ensure that nobody is fraudulently using someone else’s bank data.
In the scope of this checking, the User may be requested to send to the Company by fax or e-mail copy of his ID, as well as justification of his domicile. The order shall then be validated only upon receipt and checking by the Company of the supporting document sent.
4.3. The computerized records, stored in the Company's computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the Parties.
The filing of purchase orders and invoices shall be done on a reliable and durable support that can be produced as evidence.
Article 5– Price of subscription to the service
5.1 The access to and use of the Service are subject to prior subscription. The price of the products or services shall be communicated to the Users, once the order process has started via the website.
The price indicated corresponds to the User’s request; it includes additional costs related to the good or service, such as for example, delivery, packaging, processing.
The Users shall be debited only after giving their express agreement on the nature of the good or service ordered and its related price.
The prices include VAT at the applicable rate on the date of the order. Any change in the applicable VAT rate shall be automatically reflected on the price of the on-line goods or services.
Payment of the entire price shall be made when ordering. At no time shall the sums be considered as down-payment or deposit.
Should one or several taxes or contributions, including environmental taxes, be created or amended, upwards or downwards, this modification may be reflected on the sales price of the goods or services.
5.2 The delivery Service is currently available worldwide.
Article 6 – Information about the goods
The Service offers the supply and delivery of goods or services are those described on the company website.
All trademarks on this website are the property of “The Cube Company”, unless otherwise noted or in any other way perceivable as third party rights. Any unauthorized use of these trademarks or other materials is expressly prohibited and constitutes a violation of copyright, trademark law or other industrial property rights.
Article7 – Modalities of delivery or performance of a service
The delivery of a good or performance of a service shall be carried out only after confirmation of payment by the Company’s banking establishment.
7.1 In the event of delivery of a good The ordered goods shall be delivered by a Carrier, according to the size and weight of the ordered goods and at the Company’s sole initiative. The goods shall be delivered at the address indicated by the User, who will ensure its accuracy.
Any order sent back to the Company in the event of a wrong delivery address shall be re-sent at the User’s costs.
The User may, at his request, obtain an invoice at the invoicing address rather than the delivery address, by validating the relevant option on the order form.
At the time of delivery, should the original packaging be damaged or torn or opened, then the User shall check the condition of the items.
If they have been opened or damaged, the User shall refuse the package and write down the following "package refused because open or damaged".
The User shall state in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged parcel, broken products, etc.).
This checking shall be deemed to be done when the User, or a person he has duly authorized, signs the delivery note.
The User shall then confirm these reserves by registered mail to the carrier no later than two working days following receipt of the item (s) and send a copy of this letter by fax or simple mail to the professional at the address mentioned in the legal notices of the Website.
Should the goods need to be returned to the Company, they must be subject to a return request sent to the Company on the day of delivery or at the latest on the first working day following delivery.
Any claim made outside this period shall not be accepted. The return of the good shall only be accepted for goods in their state of origin (packaging, accessories, instructions ...).
7.2 For the performance of a service:
The service shall be performed at the address indicated by the User on the order form; the User shall ensure its accuracy.
Any unsuccessful delivery due to an incorrect or incomplete address shall be invoiced to the User.
The User may, at his request, obtain the sending of an invoice to the billing address rather than to the delivery address, by validating the relevant option on the order form.
The User shall ensure to give access to the Company, especially if he is not personally present on the day of the performance of the service.
Any claim submitted after this period shall be rejected.
The complaint shall be made, at “Cube your Life” and “The Cube Company”
Any claim not made according to the rules defined above and within the time limits, shall not be taken into account and shall release the Company from any liability vis-à-vis the User.
Upon receipt of the claim, the Company shall allocate an exchange number to the concerned good(s) and shall communicate it to the User by e-mail.
The exchange of a good shall take place only after allocation of the exchange number.
In case of an error in the delivery or an exchange, any product to be exchanged or refunded shall be returned to the Company in its whole and in its original packaging at the following address:
The Cube Company 225, Rue des Templiers, 59700 LILLE, France
Return costs shall be borne by the Company.
Article 8 - Obligations and liability of the Company
8.1 The Company undertakes to use all the necessary care and diligence to supply quality service.
8.2. However, the Company only has an obligation of means under which the services or deliveries of goods shall be executed in strict compliance with the professional rules in force, as well as, if necessary, only in accordance with the terms of the order. The Company shall not be held liable for the Seller’s actions.
8.3. The civil and criminal liability of the Company shall not be engaged in case of fault attributable to the User. Are considered as faults, without limitation, the following: Improper use of the products or service Unauthorized disclosure or use of the created account
8.4. The User agrees (i) that it is technically impossible to offer a Service free of any defect and that the Company cannot commit itself to this end, (ii) that defects may render the Service temporarily unavailable, and that (iii) the operation of the Site may be affected by events and / or problems over which the Company has no control.
The Company may, at any time, modify or discontinue, temporarily or permanently, all or part of the Site to perform maintenance and/or make improvements and/or modifications to the Site. The Company assumes no liability for any modification, suspension or interruption of the site.
8.5. International Users
This website is checked, operated and updated by “The Cube Company” registered and located in France. It is intended for international use. However “The Cube Company” gives no guarantee that the details presented on this website are correct worldwide, and, in particular, that products and services will be available with the same appearance, in the same sizes or on the same conditions throughout the world. Should you call up this website or download contents, please note that it is your own responsibility to ensure that you act in compliance with local legislation applicable in that place.
Products mentioned on this website may come in different packaging, in different package sizes, or with different lettering or markings, depending on the country. Our products are sold in accordance with the current version of our General Conditions of Sale and Delivery.
Article 9 - Obligations and liability of the User
9.1 The User alone shall be liable for the use of the Service, the information transmitted, their exploitation and their update. The User alone shall be liable for the use made of his account. Any access or use of services made from the User’s account shall be deemed to have been made by him.
The User especially agrees:
- To provide reliable and accurate information;
- To send to the Company all the information and documents required for the performance of the Service
9.2 The User alone shall bear the consequences of any fraudulent use of his account.
9.3 It shall be up to the User to pay to the Company the sum corresponding to the amount of his order.
Otherwise, the Company shall reserve the right to suspend the Service without notice.
9.4. The Company shall reserve the right to exercise controls on the compliance to these provisions of the use of the service by the User.
10.5. The User shall agree to not disclose any information relating to the service this information is confidential.
Article 10 – User’s guarantees
10.1 The Seller providing the goods ordered through the Site guarantee the compliance of such goods ordered. The User shall therefore make a request only to the Seller under the legal warranty of compliance provided for in Articles of the Consumer Code or the warranty on account of latent defects of the thing sold as per Articles of the Civil Code. In case of implementation of the legal warranty of compliance, it is recalled that: The User shall have a period of one(1) year, from the delivery of the good to take an action; Given the specific nature of the Company's business, the User may request the replacement of the delivered goods, subject to the cost conditions provided for in the Consumer Code; The User shall be exempt from reporting evidence of the lack of compliance of the good for the six months following the delivery of such good; In addition, it is recalled that: The legal warranty of compliance shall apply independently of the commercial warranty indicated below; The User may decide to implement the warranty on account of latent defects of the thing sold against the manufacturer, pursuant to the Civil Code. The sold goods are also covered by a commercial warranty to guarantee their compliance and ensuring the reimbursement of the purchase price, the replacement or the repair of the good, by the seller of such good. This warranty shall not cover defects caused by an abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
Article 11 - Right of withdrawal
11.1 In accordance with the provisions of the Consumer Code, the User shall have a period of fourteen working days from the date of receipt of his order, to return any item that does not suit him and request the exchange or the refund without penalty, except for the return costs that are borne by the User.
Shall In case of performance of a service, the period of fourteen working days run from the date of validation of the order.
Only the goods returned in their whole, in their complete and intact original packaging and in perfect condition for resale may be taken back. Any good that has been damaged, or which original packaging has been damaged, shall not be refunded or exchanged.
In accordance with Articles of the Consumer Code a withdrawal form is at the User’s disposal on the Website.
11.2 After having communicated his decision to withdraw, the User shall return the whole good, not disassembled and in its original packaging at the following address: The Cube Company 225, Rue des Templiers, 59700 LILLE, France
This right of withdrawal shall be exercised without penalty, it being understood that the return costs are borne by the User.
In case of an exchange, the reshipping costs shall be borne by the User. In such event, the Company shall refund the User the full amount paid, including the delivery costs, without undue delay and no later than fourteen days following the date on which it was informed of the consumer's decision to withdraw. The Company may, however, defer repayment until recovery of the goods or until the User has supplied evidence of the shipment of such goods, whichever is the earliest.
1. Short Description:
References to “ “Technical and Organizational Security Measures”: means measures aimed at protecting Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of Personal Data over a network, and against all other unlawful forms of processing.
2. Collection of Personal Data:
«Cube your Life” and «The Cube Company» collects and stores Personal Data relating to Data Subjects having interactions with «Cube your Life” and «The Cube Company» in accordance with Data Protection Legislation and to which «Cube your Life” and «The Cube Company» is in a contractual and/or commercial relationship for the provision or supply of services and/or products.
Personal Data collected and stored by «Cube your Life” and «The Cube Company» may include, but are not limited to identification data (such as name, family name, date and place of birth, gender, picture);
- Contact information (such as phone numbers, address, email address);
- Other relevant personal details (nationality, citizenship);
- Types of services received/provided or of products bought/sold;
- Financial and banking information (notably linked to account number); and
- Any other Personal Data reasonably related to the conduct of «Cube your Life” and «The Cube Company’s” business.
Most of the Personal Data we process is information that is knowingly provided to us directly by Data Subjects. However, please note that in some instances, we may process Personal Data received from a third party with the Data Subjects’ knowledge. Purpose of the processing of Personal Data.
Personal Data shall mainly be processed for the following purposes:
- the performance of any contractual obligations towards the Data Subjects;
- for compliance with legal obligations such as, for instance, compliance with applicable commercial law and laws on anti-money laundering, Economic Sanctions, 2 tax identification (where appropriate), as well as compliance request from or requirements of regulatory and enforcement authorities;
- for the purposes of the legitimate interests pursued by us or by third party that are necessary for «Cube your Life” and «The Cube Company» to carry out its daily activities, for instance, for client/customer and third party providers relationship management, managing accounts and credits, providing products and services, vendor management, transmitting or executing payment instructions and transactions, to communicate efficiently with our investor and shareholder base, for fraud and other criminal activity prevention, payment verification, to enforce contacts with our clients, to implement changes in our corporate structure or ownership, to create statistics and tests, to manage risk, litigation (including disputes and collections), accounting and audits. «Cube your Life” and «The Cube Company» makes sure that only the Personal Data that are necessary to achieve the above-listed purposes are processed.
Update of Personal Data.
«Cube your Life” and «The Cube Company» will endeavour to keep the Personal Data in our possession or control accurate. Data Subjects providing Personal Data are therefore responsible for promptly informing «Cube your Life” and «The Cube Company» of any change to their Personal Data.
3. Disclosure of Personal Data
Personal Data will not be shared with third parties, except as provided below. We may disclose Personal Data to the following categories of recipients:
- subcontractors and external services providers (Example: shared service providers, Cloud service providers etc);
- professional advisors;
- public authorities and administrations;
- affiliated companies of «Cube your Life” and «The Cube Company». «Cube your Life” and «The Cube Company» may disclose Personal Data in the following circumstances:
- in the event of a legal request and/or investigation when, in our opinion, such disclosure is necessary to prevent crime or fraud, or to comply with any statute, law, rule or regulation of any governmental authority or any order of any court of competent jurisdiction;
- if we outsource some or all of the operations of our business to third party service providers, as we do from time to time: in such cases, it may be necessary for us to disclose Personal Data to those service providers. Sometimes the service providers may process some Personal Data on behalf of and under the instructions of «Cube your Life” and «The Cube Company». We restrict how such service providers may access, use, disclose, and protect that data;
- in case of business transfers or in the event of the sale or acquisition of companies, subsidiaries, or business units: in such transactions, Personal Data may be part of the transferred business assets but remain subject to the protections in any pre-existing privacy statement;
- when we believe release is appropriate or necessary to conduct the company’s business, comply with the law, enforce or apply our policies and other agreements, or protect the rights, property or safety of «Cube your Life” and «The Cube Company», our employees, or others. In such circumstances, «Cube your Life” and «The Cube Company» ensures that Personal Data is kept secure from unauthorized access and disclosure.
4. Transfer of Personal Data.
Being a global company, «Cube your Life” and «The Cube Company» processes Personal Data in several countries and from different origins, and may transfer information in compliance with the Data Protection Legislation and any other applicable law. «Cube your Life” and «The Cube Company» may share data in the normal course and scope of business with other affiliated companies as well as with other third parties listed above. Data Subjects are informed that certain data recipients may be located outside the territory of the European Union in countries that do not offer a level of protection equivalent to the one granted in the European Union (“Third Countries”). Data transfers to affiliated companies and third parties located in Third Countries will, depending on the nature of the transfer: - be covered by appropriate safeguards such as standard contractual clauses approved by the European Commission, in which case the Data Subject may obtain a copy of such safeguards by contacting us; or - be authorized under the Data Protection Legislation, as the case may be, as such transfer is necessary for the performance or execution of a contract concluded at the Data Subject’s interest or for the establishment, exercise or defence of legal claims or for the performance of a contract between the Data Subject and us.
5. Data Subjects’ rights in relation to the processing of their Personal Data
In accordance with applicable law, Data Subjects are granted the following rights with regards to the processing of their Personal Data:
- the right to request access to their Personal Data stored by «Cube your Life” and «The Cube Company»;
- the right to update or correct any of their Personal Data, if the Personal Data is incorrect or incomplete;
- the right to oppose to the processing of their Personal Data, on grounds related to their particular situation;
- the right to request from «Cube your Life” and «The Cube Company» the erasure of their Personal Data, to the extent such Personal Data (i) are no longer necessary in relation to the initial purpose(s) for which they were collected, (ii) consent has been withdrawn and there is no other means of legitimating the processing of Personal Data, (iii) the Data Subject objects to the processing of the Personal Data, (iv) the Personal Data is unlawfully processed;
- the right to request the restriction of the processing of Personal Data, if such Personal Data is found to be inaccurate or unlawful, is no longer needed for the purposes of the processing, or should a court decision on a complaint lodged by a Data Subject be pending;
- the right to data portability;
- in the event of a dispute between the Data Subject and «Cube your Life” and «The Cube Company» regarding the processing of Personal Data which failed to be resolved by the parties in an amicable manner, the right to lodge a complaint with the French Data Protection Authority (the Commission Nationale Informatique et Liberté - CNIL). Data Subjects not residing in France can contact their local Data Protection Authority.
«Cube your Life” and «The Cube Company» will respond to individual complaints and questions relating to privacy and will investigate and attempt to resolve all complaints. «Cube your Life” and «The Cube Company» undertakes to handle each request by a Data Subject free of charge and within a reasonable timeframe.
Company offices are at: The Cube Company 225, Rue des Templiers, 59000 Lille, France
Company Web site: www.cubeyourlife.com
6. Data retention
«Cube your Life” and «The Cube Company» undertakes not to use the Personal Data for purposes other than those for which it has been collected and that such information shall not be stored for a period longer than necessary for the realization of such purposes. Retention periods shall, in any case, be compliant with any applicable law and proportionate to the purposes of the processing.
7. Technical and Organizational Security Measures
Ensuring that Personal Data is appropriately protected from data breaches is a top priority for «Cube your Life” and «The Cube Company». «Cube your Life” and «The Cube Company» implements adequate Technical and Organizational Security Measures, such as, depending on the equipment, password protection, encryption, physical locks, etc., to ensure a level of security appropriate to the risks represented by the processing and the nature of the Personal Data to be protected. Access to Personal Data is permitted to «Cube your Life” and «The Cube Company» employees and other related individuals for the sole purpose of performing their professional duties, such individuals being subject to a confidential obligation.
Internal training program «Cube your Life” and «The Cube Company» ensures its employees are having the necessary awareness and trainings to handle personal data in line with legal requirements. Privacy training programs are an integral part of professional development within «Cube your Life” and «The Cube Company».
Company offices are at: The Cube Company 225, rue des Templiers, 59000 Lille, France
Company Web site: www.cubeyourlife.com
Article 13 - Confidentiality
13.1 All the User’s data shall be used only in the framework of his commercial relationship with the Company. They shall result from the voluntary registration of an e-mail address or a postal address when placing an order.
Such data shall never be resold.
The Company informs the User that it may communicate his data to ensure the delivery of orders, some aspects of the after-sales service, and to carry out satisfaction surveys.
13.2 The Company undertakes to keep your personal data confidential and to deal with them in accordance with the Data Protection Act.
A statement has been filed with CNIL.
Commission Nationale de l’Informatique et des Libertés
3 Place de Fontenoy
TSA 80715 75334 Paris Cedex 07 France Phone : +33 1 53 73 22 22
The User may at any time request the deletion of his personal data at the following email address: email@example.com
Article 14 - Reservation of title
The User shall be the owner of the good only after payment of all sums due. Up until such date, the User shall not resell it or assign it without prior express authorization.
The Seller may subject such authorization to certain conditions in order to guarantee the payment of the amounts remaining due.
Notwithstanding any contrary provision, in the event of non-compliance by the User to one of the payment deadlines, the Seller, without waiving any of its rights, may require, by simple registered letter that the goods be returned to it at the User’s expenses until the latter meets his commitments.
This clause shall be accepted upon ordering with an extension of damage in case of recovery of the goods having suffered damages during the implementation.
Article 15 – Closure of the account
15.1 Closure of the account at your initiative
You may definitively close your account at any time, ipso jure and without any legal formality by sending an email to: firstname.lastname@example.org
The closure of your account shall be effective within a reasonable time after receipt of your request.
15.2 Closure of the account at the Company’s initiative
In the event of non-compliance with the present CSUTC, the Company shall be entitled to suspend or close your account at any time, ipso jure and without any legal formality, after a formal notice sent via e-mail remained without effect for a period of five (5) calendar days from its receipt.
15.3 Consequences of the closure of account
Any closure of your account shall result in the permanent removal, within a reasonable period of time, of the information communicated to the Company when opening or updating your account, of documents and other items uploaded onto your area and, where applicable, of any document or content that you have published, downloaded or made available on the Platform.
Notwithstanding the foregoing, the Publisher reserves the right to retain the aforementioned Documents, Information and other items on its servers for a reasonable period of time.
Article 16 - Force majeure
Any event beyond the control of the parties that cannot reasonably be foreseen and overcome shall be considered as an event of force majeure in accordance with the provisions of Article 1218 of the Civil Code.
Article 17 - Applicable Law and jurisdiction
The present GSUTC as well as all contractual information mentioned on the Website are written in French and governed by French law.
In the event of a litigation or dispute between the parties, the parties shall make their best efforts, in good faith, to reach an amicable agreement.
If no amicable solution can be found the courts of Lille shall have jurisdiction to rule on the litigation or difficulty.
Last update : April 2th, 2019