Terms of Sale/Returns

Payments

a. Prices and currencies displayed at checkout are final. Teracube does not charge extra transaction fees. You agree that Teracube shall not be held liable for any fees in addition to those displayed at checkout.

b. If you are paying for your order with an international credit or debit card, the price displayed in your card statement may vary based on exchange rates. Your bank or card issuer may also charge additional foreign conversion charges and fees, which may increase the overall cost of your purchase. Please contact your bank or card issuer regarding any fees incurred.

c. The personal information you provide when making a purchase will be processed electronically by Teracube for the payment of the order and for anti-fraud control.

d. Payments on Teracube.com are handled by third party payment partners and transmitted using the Secure Sockets Layer protocol (SSL) with 2048-bit encryption. Teracube does not store or have access to your payment details. Your credit/debit card information is retained via our third-party payment partner’s servers.

Cancellations

a. Teracube makes every effort to supply the Products listed in your Order Confirmation. In some situations, however, we will need to cancel your order. For example, if (1) the item is no longer in stock; (2) the item is no longer being produced; (3) there is a price fluctuation; or (4) a Third Party notifies Teracube that cancellation is necessary; or (5) if there is a reasonable suspicion of fraud.

b. Incomplete shipping address information or failure to update required shipping details via email/call when asked, may result in order cancellation.

c. If this is the case, Teracube will cancel your order, notify you of the cancellation, and timely refund the money you have paid toward the Order.

d. Unless provided for otherwise under applicable law, refund of money you have paid toward an order will be the extent of Teracube’ liability for any canceled order.

Return and Replacement Policy

a. Teracube phones and accessories are made to the highest standards and undergo rigorous testing. If you are not satisfied with your Teracube product for any reason, you may request a return within thirty (30) calendar days of delivery. Once we have approved your request, we receive your product, and such product passes inspection, we will give you full refund in accordance with the price you paid for the product. We are not able to refund any express shipping fees paid.

b. Hardware purchased directly from Teracube is covered by a Limited Warranty on workmanship and materials, commencing from the date of delivery and for the duration of:

Item

Type

Duration

Teracube One  (incl. Battery)
Return and Replacement
Warranty
30 Days*
4 Years
Charger, Data Cable, Earphones
Return and Replacement
Warranty
30 Days*
12 Months
Screen Protectors, Case
Return and Replacement
Warranty
30 Days*
30 Days

*Must be in undamaged condition and with the original packaging.

*The return shipping fee for the Return/Replacement items will be covered by Teracube in United States and Canada.

*This warranty is only redeemable within the original region of purchase.

c. In accordance with relevant consumer law, any goods that are not (1) of satisfactory quality; (2) fit for their given purpose; or (3) as described, may be returned free of charge within 30 days of delivery. Please submit a ticket (support.myteracube.com) or email us (support@myteracube.com) describing the problem with your device. In order to be eligible for a refund, you must contact us within 30 days and describe in detail how the goods were defective, damaged, or materially different.

d. We may choose not to accept returns in certain situations, including, without limitation, the following circumstances:

      i.    Defects or damages caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear or incorrect installation after purchase.

      ii. Price fluctuations being the sole reason for return.

      iii.  Customized customer contracts.

e. In all cases, we will inspect the product(s) and verify any fault. To qualify for a replacement or refund, devices must be in undamaged, ‘as new’ condition and with the original packaging. We reserve the right to refuse a refund if the product returned is reasonably deemed to have been damaged.

f. Please contact Teracube customer service to request a return at support.myteracube.com. Without a verified customer return request, the returned package will be declined. Return requests cannot be canceled once they have reached “shipped” status.

g. Once you’ve contacted Teracube customer service and requested a return:

      i.    You will receive and be required to submit a Return Merchandise Authorization (RMA) form. Print out the RMA form and place it inside of the shipping package you’re returning.

      ii.   You must send all items from your original shipment including devices, accessories, and documentation. Do not send additional add-ons such as your SIM card, cases, screen protectors, or headphones. If such items are shipped to us by mistake, we are not able to return them.       

      iii.    Before returning any unit for service, be sure to back up your data. You are responsible for the personal information stored in your phone – please erase all personal and sensitive data on the device before sending it to Teracube. Teracube will not be responsible for any disclosure of data still on the returned or serviced device.

      iv.    During service, data stored on the device may be deleted and reformatted. Teracube is not and shall not be held responsible for the loss of any software programs, data or other information contained on or accessible through the product. Recovery and reinstallation of third-party software programs, data and information are not covered under warranty.

Returns

a.To return an item, please submit a ticket at https://support.myteracube.com.

Force Majeure and Limitation of Liability

a. Neither party will be responsible for any delay or failure to comply with these terms if the delay or failure arises from any cause beyond their reasonable control (wars, natural disasters, extreme weather conditions, etc.).

b. Teracube shall also not be held liable for any losses due to the fault of third parties, including, without limitation, packages that are lost or stolen in transit; damages caused by incorrect or improper usage of the products; or other losses or damages attributable in full or in part to third parties.

No Waiver

We retain the right to take action at any time in the event of failure to comply with these terms.

Intellectual Property

a. Certain trademarks belong to third parties and may not be used without permission. Please see their respective websites for more information.

b. Nothing herein shall be construed as granting a license to any trademarks, copyrights, patents, design patents, mask works, trade dress, or any other forms of intellectual property of either Teracube or its licensors. Teracube expressly reserves all rights.

Personal Data

a. By making a purchase via myteracube.com, you consent to your Personal Data being transferred, stored (both electronically and manually) by Teracube to the Teracube and its business partner(s) located outside of the US for the purposes of processing payment, fulfilling your order, and maintaining records of purchase and customer relationship. You hereby agree that such usages shall constitute legitimate business needs for Teracube.

b. For the purposes of this Agreement, “Personal Data” may include, but is not limited to name, birthdate, passport or ID number, home address, contact information, likeness or appearance. Your Personal Data shall be retained by Teracube and its partners only as long as it may be needed.

c. Teracube undertakes to ensure that it and its partners will take appropriate measures to protect your Personal Data and use your Personal Data only for the purposes described in this Agreement.

d. You further agree that Teracube shall not be held liable for the misuse of your Personal Data by any third party arising from or relating to your usage of this website.

Disclaimer

a. EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE IN THESE TERMS OF SALE OR AS REQUIRED UNDER APPLICABLE LAW, TERACUBE PROVIDES ITS GOODS AND SERVICES ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TERACUBE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES – EXPRESS, IMPLIED OR OTHERWISE – INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ABSENCE OF HIDDEN DEFECTS.

Limitation of Liability

a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR PAYMENTS EXPLICITLY OUTLINED IN THIS AGREEMENT, EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR A PARTICULAR PRODUCT OR SERVICE.

b. Except for Teracube’s warranty obligations and cases of death or serious bodily harm, fraud or fraudulent misrepresentation, or any other damage that cannot be excluded under applicable law, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PART BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFITS, REVENUES, OR INCOME, LOSS OF USE, LOSS OF DATA , COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR INDIRECT, SPECIAL, ECONOMIC, PUNITIVE, INCIDENTAL, INDIRECT, COVER, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Void Where Prohibited

These Terms are void where prohibited:

a. If any provision or part-provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

b. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

Export Control

a. The Products may be subject to export controls. You shall comply with applicable export control laws of the United States, the European Union and its member states, United Nations Organization and any other country/region not in conflict with U.S. law with respect to the export, re-export, transfer, sale, or resale of the products.

b. You shall under no circumstances make the products available, directly or indirectly, in any region subject to sanctions or export restrictions or export, directly or indirectly, to any regions requiring an export license without first obtaining such license or other required governmental approval.

Miscellaneous

a. Severability. Each term and provision of these Terms of Sale shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.

b. Inurement. These Terms of Sale will inure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

c. No Assignment. You may not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

d. No Waiver. The waiver by either party of a breach, default, delay or omission of any of the provisions of these Terms of Sale by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions

e. Force Majeure. neither Party shall be liable for delay in performing obligations or for failure to perform obligations hereunder if the delay or failure results from: force majeure, an Act of God, or any governmental act, fire, earthquake, explosion, accident, industrial dispute, civil commotion, acts of terrorism or anything beyond the reasonable control of either Party and not involving any fault or negligence of the Party affected (a “Force Majeure Event”).

f. Governing Law and Dispute Resolution. Disputes shall be governed by the U.S laws and the American Arbitration Association (AAA) in accordance with the AAA Rules in force at the time.

Changes

a. We reserve the right to update this document at any time without prior notification.

This document was last updated on 24th March, 2020