TERMS & CONDITIONS (T&Cs) o TERMS of USE
- ABOUT US
- AGREEMENT AND CHANGES TO THESE TERMS
- AGE OF CONSENT
- WEBSITE & SOFTWARE PROPERTY RIGHTS
- LINKS TO xyzbag.com
- USER CONTENT & COPYRIGHT RULES
- LIMITATION OF LIABILITY AND INDEMNITY
- INTELLECTUAL PROPERTY & DATA SECURING
- ORDERING PROCESS
- PAYMENT METHOD
- GIFT CARDS & COUPONS
- DELIVERY
- WARRANTY, INSPECTION, RETURNS AND REFUNDS
- DEPICTION & CHARACTERISTICS OF THE PRODUCTS
- PERMITTED USE OF THE PRODUCTS
- EMAIL ADDRESS & PERSONAL DATA
- LEGAL DISCLAIMER
- KEEPING THESE TERMS
- LAW AND JURISDICTION
We are a company registered in Italy with registration name XYZCUBE S.A.S. di NICOLA ANNALISA & C., VAT number 11353260018, and registration number 1206614
The address of our registered office is Turin (To) Via Tommaso Grossi 18.
You can contact us by email at info@xyzbag.com, by phone at +39 0110448346 or by fax at +39 1782756241.
By the website xyzbag.com (“the Site”), our company (“we”, “XYZCUBE”or “XYZCUBE S.A.S”) provides services by which the customer (“User”, or “You”) can personalize a 3d printed handbag or other handbags manufactured trough different industrial processes, usually related to prototyping technologies.
2. AGREEMENT AND CHANGES TO THESE TERMS
All services are governed by the following Terms and Conditions -that You must take the time to read and understand- and by the other information given in the website and by email. By registering in.com, You accept that You are entering into a contract with us under these Terms. People who register for xyzbag.com and simple visitors who do not become Users, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access xyzbag.com. XYZCUBE S.A.S. reserves the right to change, modify, add or remove portions of the Terms and Conditions of Use at any time. Accordingly, it is suggested that You review these Terms periodically for changes. The modifications shall be effective immediately upon posting the modified version on the Site, and the use of this service connotes that You have accepted any changed Terms.
You must be at least 13 years of age to use this site. Persons under the age of 16 may not purchase goods or services from the Site. By placing an order for goods or services through the Site You warrant that You are legally capable of entering into binding contracts and You are at least 16 years old. If the User is located in a country in which 16 is under the age of majority, then User represents he/she has the legal consent of a legal guardian to enter this agreement.
4. WEBSITE & SOFTWARE PROPERTY RIGHTS
Unless stated otherwise, all features (such as images, sounds, documents, logos, databases, etc..) on this website are protected by copyright or by other intellectual property rights belonging to XYZCUBE S.A.S. or other third parties. These rights remain property of XYZCUBE S.A.S. or other third parties. The license You have to use the website is strictly limited to what is necessary to benefit from the services. All trademarks, trade names, company names, domain names, logos, photographs, images or other distinctive signs used on the website to identify the website, XYZCUBE S.A.S. or other third parties are the sole property of XYZCUBE S.A.S. and / or third parties and You can not use them in any way.
Some software programs are available on the website to create your customized product or for other reasons. These software programs are property of XYZCUBE S.A.S., and they can only be used for private usage. Any other download, copy, permanent or temporary reproduction of software, in whole or in part, is prohibited. Also prohibited are the translation, adaptation, shaping or other transformation of software as well as any form of distribution or provision to the public, free or at a cost.
Anyone interested in activating links to xyzbag.com and other publicly accessible xyzbag.com web pages are asked to contact XYZBAG through the section Contact or by email at info@xybag.com. Contact is necessary to activate the consent request to a hypertext link to xyzbag.com. The activations of the above links are allowed or forbidden by XYZCUBE at its sole discretion. at its sole discretion.
6. USER CONTENT & COPYRIGHT RULES
Images, texts, sentences and any other material uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with xyzbag.com are treated as “User Content” for the purposes of these Terms.
Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload, make use or order product, or otherwise deal with User Content through xyzbag.com, if You do not have the right to do so.
You always shall ensure that your User Content does not:
● infringe anyone’s copyright; in particular, You must ensure that You either own the copyright in an Image, text or sentence that You upload to xyzbag.com or that You are fully licensed by the copyright owner to upload the Content and to make any subsequent use of it (such as by including images, texts or sentences in a personalized Product);
● infringe any other rights, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
● contravene any applicable law or regulation;
● include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
● contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
● misrepresent the User’s identity in any way or impersonate any person;
● include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
● contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
● harass, upset, embarrass, alarm or annoy any person;
● give the impression that it emanates from us, if this is not the case;
● advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
● interfere with the proper work of XYZCUBE S.A.S.. This means that You, and not XYZCUBE S.A.S., are the solely responsible for all Content that You input in our configurator and that You upload for sale. We reserve the right to review, and if necessary remove without notice any image, sentence or other User Content which appears to breach the above Content Rules, not generate the product or produce the product without the part that risks infringing the rights of third parties or the above User Content rules, and also to cancel your account at its sole discretion, either because that content breaches this Agreement or any applicable laws. XYZCUBE S.A.S. has no obligation to review the User Content and can in no way be held responsible for User Content. Opinions expressed in the User Content are not necessarily our views and do not reflect our opinions. If we don’t remove your Content in violation with the above-mentioned rules, it doesn’t mean we agree with it, expressly or tacitly.
If You believe that your intellectual property rights or any other right have been infringed by a user of our service, please contact us to info@xyzbag.com.
7. LIMITATION OF LIABILITY AND INDEMNITY
In no event XYZCUBE S.A.S. shall be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, loss of income, loss of profits, loss of contracts or any other damages whatsoever, even if XYZCUBE S.A.S. has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you. The maximum aggregate liability under these terms and conditions whether in tort (including negligence) or otherwise shall in no circumstances exceed the fee received from for the relative order.
You agree to defend, indemnify and hold XYZCUBE S.A.S. and XYZCUBE S.A.S.’s officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, and costs of litigation arising out of or based on Content You submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Agreement or your violation of any rights of a third party.
8. INTELLECTUAL PROPERTY & DATA SECURING
Intellectual property
In order to fulfill your personalized product, if You upload, transfer, post, communicate, transmit, send in any other way a content on or to xyzbag.com or our system in whatever form (including but not limited to your photos, your images, sentences, text etc.), You grant to XYZCUBE S.A.S. and to any visitor of the website a nonexclusive, worldwide and royalty-free, fully paid, sublicensable and transferable license to use, execute, reproduce, display, perform, modify, create or have created derivative works of, transmit and distribute, internally and/or externally, and sublicense, in any medium or distribution technology, without accounting to You, including the right to grant any or all of the foregoing rights and licenses to others.
By purchasing one of our products, You grant a non-exclusive, royalty-free, unlimited in the time, worldwide license to XYZCUBE S.A.S. to display the design of the product You purchased and/or a reproduction of this design for marketing purposes. XYZCUBE S.A.S. will have the right to reproduce, take photographs/picture and reproduce them on any support (CD, DVD, internet, folder, etc.) for marketing purposes. XYZCUBE S.A.S. shall never reproduce the design for which You grant a license to XYZCUBE S.A.S. in order to directly sell it.
Please note that If You get (download, copy or obtain in any other way) one of the samples that we show on our website for marketing or other purposes, and You upload it in the configurator as a User Content, You are subject to the same rules above mentioned in points 6) and 7) of these Terms.
Data securing
It’s your clear duty and interest to preserve your original content on your system. XYZCUBE S.A.S. will not backup the content that You send us (uploading, transferring, posting, sending, communicating, transmitting). In the same way, XYZCUBE S.A.S. will not be liable for any loss or deterioration of your content.
The website is available only in English and the orders can be placed only in English. To order one of our products, the website will lead You step by step through the ordering process, that happens as follow:
● You create, select or specify the model You want to personalize and have it produced by XYZCUBE. Once the desired product has been chosen and personalized, it is placed in the “shopping cart”. You can continue your selection of products, modify your shopping cart or proceed with the payment of the order;
● You choose the country where the product will be delivered. Depending on your choice, You have a view of the total costs of your order (delivery and taxes included);
● the prices displayed in the Website are valid only for the moment that they are displayed. XYZCUBE S.A.S. reserves the right to change the prices without prior notice. Such changes however will have no effects on orders completed before the posting of a new price on the website.
● You choose the payment process You prefer (cf point 10), execute the payment and confirm the order. You must ensure that the information You submit in your order is accurate and complete, because after the payment it will be impossible to bring any modification if we don’t allow You to do so;
● after You have placed your order and executed your payment, XYZCUBE S.A.S. will send You an email summarizing your order details;
● this email means that a binding agreement will exist between us, except if there is an inability to process your order;
● afterward, XYZCUBE S.A.S. will verify the technical possibility to realize your personalized product. Please note that in this phase, we could discover that we can’t process your order, due to a file You have uploaded or to any other technical reason; in this case, within 2 days from the payment, XYZCUBE S.A.S. will inform You about the technical reasons and, if it will be impossible to process your order, we will revoke and/or cancel any quotation order and reimburse You the amount paid;
● after the technical control, if positive, we will send You a confirmation email with the details of your order. XYZCUBE S.A.S. will maintain records of orders and allow You to have access to them for an indefinite period. We recommend that You print a copy of the confirmation email.
As an alternative, through our website we also offer the opportunity to have a complete personalization. This type of process will happen as follow:
● You can contact us, send an image or a logotype -in this case, it will be submitted to the rules of the User Content mentioned in point 6) and 7)-, and / or write us a concept or an idea;
● we evaluate the feasibility of your personalization, and we’ll send You an email with the price for it;
● next, You will be required to make a down payment by bank/wire transfer, necessary to confirm the design process. The advanced payment will be deduct from the total price of the product;
● after receiving the payment, in few days we’ll send you a draft preview of the final product, asking for the confirmation of the order and the payment of the total price;
● if You don’t like the preview, You are not obliged to buy the product. Please note that in this case, the down payment You made will not be given back. If You like the preview, You can simply accept the purpose and make the full payment;
● after the acceptance and the payment of the total price, we will normally proceed with your order.
You can make your payment by bank transfer, by credit card or via Paypal.
● If You choose to pay by bank transfer, You will receive the payment instructions via email from XYZCUBE after the confirmation of your order;
● If You choose to pay via Paypal, You will be redirected to paypal.com website and You will be subjected to the rules of Paypal;
● if You choose to pay by credit or debit card, we accept Visa, Mastercard, Diner’s Club and other types of credit and debit card. To help ensure that your shopping experience is safe, simple and secure, XYZCUBE use GestPay, a payment gateway provided by Banca Sella.
In some cases (payment with credit card), You will be redirected to the third party website.
For more information about GestPay, please directly refer to the Terms & Conditions of the service (https://www.gestpay.it).
We are not responsible in any manner for any performance, effectiveness or other aspect of third party software or websites.
Please note that in any case we will not proceed with the order until we have received confirmation that the transfer of the entire amount indicated in the order confirmation form has been completed or the funds arrive on our bank account.
XYZCUBE S.A.S. may use a system of Gift Cards, that would be subject to the following terms and conditions:
● Gift Cards are valid for 12 months from the date of purchase;
● Gift Cards can be redeemed against all products on the Website;
● Gift Cards are nontransferable and may not be returned or redeemed for cash;
● If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your account page;
● If your order exceeds the value of the Gift Card and You have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card;
● Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch;
● XYZCUBE S.A.S is not liable for delivery of a Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser;
● XYZCUBE S.A.S is not responsible if a Gift Card is lost, stolen, destroyed or used without permission;
● XYZCUBE S.A.S reserves the right to cancel a Gift Card if we deem such action necessary.
● Promotion codes cannot be applied to the purchase of Gift Cards.
● Sales tax and shipping is applicable on any products purchased with an XYZCUBE Gift Card. XYZCUBE S.A.S. may also use a system of Coupons, identified with a number and subjected to the same general rules of the Gift Cards. To use your Coupon, please insert the number at the moment of the payment of your product.
XYZBAG S.A.S. may also use a system of Coupons, identified with a number and subjected to the same general rules of the Gift Cards.
To use your Coupon, please insert the number at the moment of the payment of your product.
Deliveries of products are made by international carriers or by international postal service. Prices, timing and other information given when You confirm your order depend on your country and other causes.
Delivery times mentioned on the website and in our communications serve purely as an indication and are a representation of average timing and does not bind XYZCUBE S.A.S in any way.
During the process, due to technical, logistic or delivery reasons, the approximate date indicated for the delivery could be postponed. These delays cannot, in any case, result in a form of compensation, refund or cancellation of an order.
If your order does not arrive within 60 days from the date of the order confirmation (cf point 8)), You then have two weeks to inform us. We will then either reproduce your product at no extra cost, or refund the total cost of production. XYZCUBE S.A.S. alone will make the choice between these two options. XYZCUBE S.A.S. cannot be held responsible for delays or delivery problems due to a third party, as all the risks during the transport are borne by You.
13. WARRANTY, INSPECTION, RETURNS AND REFUNDS
Please note that the products we sell are completely and immediately made on the basis of your specifications, or anyway completely personalized and customized on the basis of your requests. For this reason, there is no right to return or possibility for cancelling your order after the payment and the confirmation (D.lgs 206/2005 art. 55)
XYZCUBE S.A.S. gives You the right to return the product only if it’s not in conformity with the order, always within the limitations of the printing technology (e.g. if the items are materially flawed or the design of the final product is materially different from the final design submitted by the customer). Our products are “sartorially” made; for this reason every piece could be slightly different from the others. Due to this proper quality, little and irrelevant imperfections will not be considered unconformities, and they will not give the right to return the entire product.
Upon delivery of the product, You have to submit the product to an accurate inspection. If, upon inspection, You verify that the product isn’t in conformity with your order, You should contact us as soon as possible at info@xyzbag.com and at the latest 14 days after your receipt of the product.
In the case You omit to exercise this control or decide to use the product in spite of the unconformity, You dismiss XYZCUBE S.A.S. from any liability for the possible consequences. You must not return products without having received an explicit request from us to do so. We will confirm whether You are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us.
Certain circumstances are beyond XYZCUBE S.A.S. control and may not be covered. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer.
Please preview your designs carefully and correct any mistakes prior to placing your order. We do not have to proof documents created by its customers prior to processing. Please note that XYZCUBE S.A.S. is not liable for any damage of the product related to its normal wear and due to the normal use (scratches, scrapings, spots, marks, etc.).
XYZCUBE S.A.S. is not liable for any damage of the product due to the improper use of it by the customer, as the use in particular weather condition or situation. The models should not come in contact with electricity, food or liquid and should be kept away from heat.
The materials we use for manufacturing the models make the models suitable only for decorative purposes and they are not suited for any other purpose. The models are not suited to be used as toys or to be given to children.
14. DEPICTION & CHARACTERISTICS OF THE PRODUCTS
XYZCUBE shall endeavor to ensure that the products and services sold through the website are depicted by photographs with the highest possible accuracy. However, due to the mode of presentation of these products on the internet network, it is possible that the perception of the customer of the photographic depiction of the products does not exactly correspond to the products themselves.
XYZCUBE declines every responsibility that, due to a particular configuration of a user’s computer or malfunction, the colors and characteristics of the products visualized on the Site could appear to be slightly different from the original.
15. PERMITTED USE OF THE PRODUCTS
The products purchased from XYZCUBE S.A.S are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit.
For this reason, we reserve the right to restrict multiple quantities of products being shipped to a single User or postal address.
16. EMAIL ADDRESS & PERSONAL DATA
If we ask You to provide information about yourself, You must ensure that the information is accurate and current, and in case it changes You may keep it always updated. When You order our products, You will be requested to submit your personal data and email address. You must ensure that they are accurate and that You have full access to your email. During the order process and before the delivery, we will be sending all the necessary communications to the email You submitted.
After the delivery and the end of the order process, we could continue to send You emails, such information about the product You ordered and other products. We will ask your specific agreement to send You our newsletter or advertising materials.
XYZBAG software and information
Save as expressly provided in these terms, XYZCUBE does not warrant that the use of the site will be uninterrupted or error free, as that any error or defects will be or can be corrected.
XYZCUBE does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. We are not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider.
XYZCUBE is not responsible if your credit-card payment is not processed by your credit-card company. The information and materials contained in this Site, including text, graphics, links or other items, are provided “as is”, “as available”.
XYZCUBE S.A.S does not warrant the accuracy, adequacy or completeness of the information and materials on this Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of noninfringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials. To the fullest extent permitted under law, in no event XYZCUBE S.A.S will be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if XYZCUBE, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Third party software and website
As a convenience to the users, XYZCUBE may make third-party software available through the Service, including by downloading, or provide links to third-party websites. Your use of such third-party software or websites will be subject to the terms and conditions imposed by the third party provider, and the agreement to use such software or websites will be solely between you and the third party provider. XYZCUBE S.A.S makes no representations or warranties concerning, and is not liable or responsible in any manner for any performance, effectiveness or other aspect of such software or websites. XYZCUBE may make certain third-party templates, images, products, tools and services available to users through the website. Such third-party templates, images, products, tools and services are provided “as is” without support or warranties of any kind. XYZCUBE S.A.S makes no representations or warranties concerning, and it not liable or responsible in any manner for any performance, effectiveness, claims or other aspect of third-party templates, images, products, tools and services.
We don’t separately file the Terms entered into by Users when they register for XYZCUBE S.A.S. You can access them HERE. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
The use of this website, these Terms and the sale of products are governed by and construed under the laws of Italy. All disputes will be submitted to the exclusive jurisdiction of the Court of Turin (Italy).