Terms and conditions of use

FEL Communications Limited t/a MicBooster.com

TERMS AND CONDITIONS

Taxes and duties

If your order is delivered outside the UK, it may be subject to import taxes, customs duties and charges in the destination country. These charges are payable by the customer. We have no responsibility for them.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Refunds

We will make refunds as necessary but we reserve the right to charge an administration fee equal to any fee charged to us by our payment providers. PayPal charge a fee when they process a payment. They do not refund this fee to us if the transaction is refunded to the customer. For example to refund £100 the cost to us is £5.20 for most international customers. For domestic customers the cost is £3.20. Fees correct at 31st March 2020

You can read about this controversial move by Paypal here and on Paypal’s own pages.

Delivery

Unless otherwise agreed in writing, the Goods will be delivered to the Buyer at the address for delivery specified in the Buyer’s order or otherwise agreed with the Seller (or in the absence of a specified address or agreement, to the invoice address of the Buyer).

Any delivery dates given to the Buyer by the Seller are given for guidance purposes only. Although the Seller will use all reasonable efforts to meet delivery dates, it shall not be liable to the Buyer for any loss or damage, whether direct, indirect or consequential for any delay in delivery, in whole or in part, howsoever caused.

All Goods must be inspected by the Buyer immediately on delivery. If any Goods are damaged or lost or if there has been short delivery, the Buyer must endorse the consignment note supplied by the carrier accordingly and submit a detailed written claim to the Seller within 2 (two) working days of delivery of the Goods.

Except as otherwise provided in these Conditions, the risk of loss or damage to the Goods shall pass to the Buyer upon delivery of the Goods.

 

Ownership of  Goods

Notwithstanding delivery and the passing of risk in Goods, the Seller shall retain title to and ownership of the Goods until it has received payment in full of all sums due for all Goods supplied to the Buyer. If payments received from the Buyer are not stated to refer to a particular invoice the Seller may appropriate such payments to any outstanding invoice.

Even though title has not passed, the Seller shall be entitled to sue for the price of the Goods once payment has become due.

Until such time as property in the Goods passes to the Buyer:

• (a) the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected, insured and identified as the Seller’s property;
• (b) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or of any third party where the Goods are stored and repossess the Goods.

Intellectual Property

FEL Communications Ltd retains copyright in respect of all photographs, drawings, plans and specifications issued by it to the Buyer and the Contract shall not be deemed to transfer to the Buyer any of the Seller’s copyright, patents, designs, trade marks or other intellectual property rights.

“MicBooster”, “Clippy” and “Pluggy” are unregistered trademarks of FEL Communications Ltd.

Price of the Goods

The price payable for the Goods shall be as stated in the Seller’s price list current at the date of acceptance of the order, as set out on the Website (in the case of orders submitted via the Website only) or as set out in a quotation issued by the Seller to the Buyer relating to the Goods. All prices quoted are valid for 30 (thirty) days only or until earlier acceptance by the Buyer, after which they may be altered by the Seller without giving notice to the Buyer.

The Seller reserves the right by giving notice in writing to the Buyer at any time before delivery to increase the price for the Goods to reflect any increase in cost to the Seller which is beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuations, currency regulation, alteration of duties, significant increase in the cost of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specification which is requested by the Buyer, or which is due to any failure by the Buyer to give the Seller adequate information or instructions.

The price of the Goods is exclusive of the cost of delivery, packaging, insurance, VAT, customs duties and all other taxes, duties and expenses in respect of the Goods, all of which shall be added to the price for the Buyer’s account, unless otherwise stipulated in writing by the Seller.

The Seller shall be entitled to invoice the Buyer for an administration service charge where the value of the goods ordered falls below the minimum order value ruling at date of order. This charge will be the difference between the value of the goods and the minimum order value ruling at date of order.

The Seller shall be entitled to invoice the Buyer for the price of the Goods at any time following delivery of the Goods unless the Buyer wrongfully fails to take delivery of the Goods in which event the Seller shall be entitled to invoice the Buyer for the full amount at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.

Information including prices payable for Goods on the Website is an “invitation to treat” and not a contractual offer from the Seller which the Buyer may accept. The Seller reserves the right to correct any errors in that information without any liability to the Buyer. In no circumstances will the Seller be contractually bound to supply the Buyer with Goods on the basis of any incorrect information, even if that information is repeated in the Buyer’s order.

 

Cookies

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our FEL Communications Limited’s use of cookies in accordance with the terms of FEL Communications Limited’s cookies policy.

 

License to use website

 

Unless otherwise stated, FEL Communications Limited and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

You must not:

 

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without FEL Communications Limited’s express written consent.

 

You must not use this website for any purposes related to marketing without FEL Communications Limited’s express written consent.

 

Restricted access

 

Access to certain areas of this website is restricted. FEL Communications Limited reserves the right to restrict access to areas of this website, or indeed this entire website, at FEL Communications Limited’s discretion.

 

If FEL Communications Limited provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

 

FEL Communications Limited may disable your user ID and password in FEL Communications Limited’s sole discretion without notice or explanation.

 

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to FEL Communications Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to FEL Communications Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or FEL Communications Limited or a third party (in each case under any applicable law).

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

FEL Communications Limited reserves the right to edit or remove any material submitted to this website, or stored on FEL Communications Limited’s servers, or hosted or published upon this website.

 

Notwithstanding FEL Communications Limited’s rights under these terms and conditions in relation to user content, FEL Communications Limited does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied. FEL Communications Limited makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, FEL Communications Limited does not warrant that:

 

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

 

Limitations of liability

FEL Communications Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

l  to the extent that the website is provided free-of-charge, for any direct loss;

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if FEL Communications Limited has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit FEL Communications Limited’s liability in respect of any:

 

l  death or personal injury caused by FEL Communications Limited’s negligence;

l  fraud or fraudulent misrepresentation on the part of FEL Communications Limited; or

l  matter which it would be illegal or unlawful for FEL Communications Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

Other parties

You accept that, as a limited liability entity, FEL Communications Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against FEL Communications Limited’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect FEL Communications Limited’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FEL Communications Limited.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify FEL Communications Limited and undertake to keep FEL Communications Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by FEL Communications Limited to a third party in settlement of a claim or dispute on the advice of FEL Communications Limited’s legal advisers) incurred or suffered by FEL Communications Limited arising out of any breach by you of any provision of these terms and conditions.

 

Breaches of these terms and conditions

 

Without prejudice to FEL Communications Limited’s other rights under these terms and conditions, if you breach these terms and conditions in any way, FEL Communications Limited may take such action as FEL Communications Limited deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

FEL Communications Limited may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

FEL Communications Limited may transfer, sub-contract or otherwise deal with FEL Communications Limited’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions constitute the entire agreement between you and FEL Communications Limited in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

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This document was created partly using a Contractology template available at http://www.freenetlaw.com.