The present terms and conditions (hereinafter “Terms and Conditions”) regulate the legal relationship concluded between the trader Morning Ideas s.r.o. with its registered seat: Klincová 35 Bratislava 821 08 and the users of www.boomingadgets.com trading platform in possession.
The present Terms and Conditions describe the terms and conditions applicable to your access and use of the web site. This document is a legally binding agreement between you as the user of the web site (referred to as “you”, “your” or “User” hereinafter) and Morning Ideas s.r.o. (referred to as Seller).
Please review the following basic rules that govern your use and access to the web site. Please also note that your use or access of the web site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions, although you may “bookmark” a particular portion of this web site and thereby bypass this agreement.
BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THIS WEB SITE.
Seller reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time, without prior notice, by updating this posting. Any posted changes are effective immediately and your continued use of Boomingadgets contents and services constitutes your agreement that you’ve read these entire Terms and Conditions acceptance that you respect them in their entirety. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of this web site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Boomingadgets grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
I APPLICATION OF TERMS AND CONDITIONS
If Boomingadgets has posted or provided a translation of the English language version of the Terms and Conditions, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Site.
II THE USE OF THE SITE
By accepting these Terms and Conditions through your use or access of the Site, you represent that you are (a) a person with full legal capacity and able to form a legally binding contract, or in case you do not have a full legal capacity, that you received a consent from your parents or any other legal representative and therefor you are bound by these Terms and Conditions and (b) permitted to receive any products. If you do not agree to (or cannot comply with) this Section, do not use this Site.
All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms and Conditions and the User is responsible for all damages caused to Boomingeadgets or to any other User or to any other third party.
All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. The Contents on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from Boomingeadgets , is strictly prohibited.
Boomingeadgets can stop the operation of the Site or its part any time, can change the Content of the Site or its parts without any prior notice. The Site does not have to be available all the time. Boomingeadgets has the right to maintain the Site and the User does not have any right for any compensation.
While accessing the Site, or using its services, you should not:
- Post or transmit false, inaccurate, misleading, defamatory, or libellous Content (including but not limited to during the registration process and in Boomingeadgets blog);
- Violate any laws, regulations, good manners, third party rights, this Terms and Conditions or our policies, such as third party’s intellectual property rights;
- Fail to deliver payment for the products and items purchased by you;
- Manipulate the billing process of Boomingeadgets , or fail to deliver the payment or fee owed to Boomingeadgets ;
- Undermine the feedback or ratings systems;
- Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;
- Distribute viruses or any other technologies that may harm Boomingeadgets and the Site, or the interests or property of other users;
- use any automated means to access Site and collect any data from Site through automated means (included but not limited to harvesting bots, robots, spiders, scripts or other automatic devices or programs) or and you cannot use framing techniques to enclose any of the data or content to the Site or otherwise affect the Site.
- Otherwise incur any liability to the Site or Boomingeadgets.
Boomingeadgets reserves the right to limit, terminate and deny the right to use or access the Site of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching these Terms and Conditions, breaching the good manners, defame or affect or may affect the good name of Boomingeadgets in any means and/or incurring any liability to Boomingeadgets. Each User hereby also agrees that in no event shall Boomingeadgets be liable to any User or any third party for any User’s inability to use or access the Site.
III ACCOUNTS, PASSWORDS AND SECURITY
In order to make purchases on the Site may require you to open an account (including setting up a Boomingeadgets ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Boomingeadgets immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Boomingeadgets or any other user of or visitor to the Site due to someone else using your Boomingeadgets ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Boomingeadgets ID, password or account at any time without the express permission and consent of the holder of that Boomingeadgets ID, password or account. Boomingeadgets cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Each User represents warrants and agrees that (a) such information, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information to keep it true, accurate, current and complete.
IV REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Boomingeadgets reserves the right (but not the obligation) to remove or edit any content.
In case that the User writes his own text or adds other Content to the Site he shall not violate or encourage violation of any laws, rights and / or legitimate interests of third parties; he cannot induce the activity in any way dangerous or life-threatening and / or health threatening; he cannot circumvent and / or be contrary to the rules of decency, and good manners; must not contain vulgar, violent, racist or other generally unacceptable content and not unduly interfere with the rights or legitimate interests of any third party.
Boomingeadgets reserves the right, without prior notice and without any refund of applications to eliminate the Content that even a marginally or partially does not fulfill the provisions set out in these Terms and Conditions, which may damage the good reputation of Boomingeadgets , its products and / or services and / or which publication and / or dissemination within the application could be compromised and / or violated Boomingeadgets imposed by law and / or contractual obligations, rights and / or legitimate interests. Boomingeadgets also reserves the right, without any compensation to request the removal of such posts that even a marginally or partially break the provisions set out in these Terms and Conditions, which may damage the good reputation of Boomingeadgets, its products and / or services and / or the publication and / or dissemination by could be at risk and / or violated Boomingeadgets imposed by law and / or contractual obligations, rights and / or legitimate interests.
You are fully responsible for all Content added to the Site for their compliance with laws, rights and legitimate interests of third parties and the provisions here of. Boomingeadgets is not responsible for such Content.
V PURCHASING ON THE SITE
User agrees that all activities that occur under your Boomingeadgets ID (including, without limitation, clicking to accept any additional agreements or rules, subscribing to or making any payment for any products, sending e-mails using the latest e-mail account or sending SMS messages) will be deemed to have been authorized by you.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.
Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to Boomingeadgets . All prices include VAT. (where applicable) at the current valid rate. Boomingeadgets reserves the right to express the price including VAT.
Boomingeadgets has the right to correct the mistakes on the page, including the mistakes in the price. In case there was a mistake in writing in the price the Boomingeadgets cancels the order and notifies the cancellation to the User. In case the payment was already transferred by the User, Boomingeadgets returns the payment within 30 days. In this case the User has the right to place a new order on the Site.
Boomingeadgets reserves the rights to change its prices according to the law and business practice. The prices are basically in DOLLAR AND EURO (EUR). The price can be shown for information purposes in other currencies than EURO OR DOLLAR. Boomingeadgets cannot be held responsible for any exchange rate fluctuation. The price in DOLLAR is the price of the product; other currencies are only for the information of the User. Please pay attention to the details of the transaction, because your total price may include insurance, shipping costs and other expenses, which you are responsible for from time time for paying.
VI TERMS OF PAYMENTS
When you confirm a transaction on the Site, you agree to be bound by and pay for that transaction.
- If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
- You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
- Even though we use terms like purchase, buy, sell, and order to talk about transactions related to Credits, you don’t receive an ownership interest in those items.
- In addition, any order whose amount exceeds certain amount set by Boomingeadgets , Boomingeadgets can request additional identification and evidence of delivery address by email or by other means. These security measures are a testament to our willingness to protect customers against potential fraud. Until the additional identification requirements are fulfill the Boomingeadgets does not have the duty to send the order. In case the condition of additional identification of the User is not fulfilled within next 15 days the Boomingeadgets is entitles to cancel the order. Terms of payments to Boomingeadgets are the following: (Unless special terms of payments are not made in writing)
- Bank transfer
- Payment through PayPal
- Bitcoins automatic pay
- Credit Card/Mastercards/visacards/debitcards
Not all payment methods are available for all products that are sold on our website.
The payment by card and cash are restricted to a certain total amount, so those might not be available for higher amounts.
If you choose Bank Transfer as your payment method, Boomingeadgets gives you unique payment instructions for your order. Once we receive the payment, which typically takes two to three business days from the time you place the order, the order is approved. If your payment takes more time than three business days, you are obliged to send as a proof of the payment so your order does not get cancelled for not providing the payment. Also the product can be sold out during the time between placing the order and receiving the payment by Boomingeadgets.
In case the payment (when choosing Bank transfer, PayPal od Credit Card) is not at the bank account of the Boomingeadgets within next 5 days after placing the order, it means that the User cancelled the order and does not want anymore the order to be delivered.
The goods will be delivered within 10 days after the payment is received by Boomingeadgets. Boomingeadgets is not responsible for delays of the transportation or for delays due to the not correct address of the User.
VII LIST OF AVAILABLE PRODUCTS
Current list of available products on the Site is consistent with the quantitative status of our products in our warehouses.
Current warehouse availability for a particular product buyer will be able to check in the moment of placing an order (this will be the most recent information – quantities will be updated on daily basis).
For any changes or mistakes that can occur outside of our influence and knowledge, Boomingeadgets will not be considered responsible.
If it happens that the ordered product is not available in the moment when customer places his order, the customer will be informed of this by phone or email. If ordered product is still not available customer has the right to request cancelation of an order.
Boomingeadgets has the right to cancel the order in case when the goods is not any more at the warehouse.
VIII SHIPPING – DELIVERY – DELIVERY EXPENSES
Boomingeadgets is an official partner of GLS – the world’s largest shipping companies. The shipments will be charged according to the current and valid charges and fees of these professional Courier companies.
Upon receiving the product, the supervision whether the delivered product fully corresponds with the ordering it is solely your responsibility. Boomingeadgets is highly recommending you to check the condition of a package, if there are any damages or shortages in the shipment in general.
The Buyer is obliged to check the content of the package and the condition of the goods on delivery, in order to report possible faults or damages of the ordered products and the packaging itself to the courier. In case the Buyer has any comments or thinks the content was damaged during the transportation he is obliged to report this ti the courier immediately when signing the transport document. Boomingeadgets is not responsible for any damage caused by the transporter. The Buyer is obliged to enforce the potential damage from the transporter and/or Courier writing the note in the transport documents signed right after the delivery. Further complaints will not be taken into consideration.
In case of any damages, missing content or a part of an order, you are obliged to write everything clearly in email and send to the email@example.com within next 3 days after the delivery.
Shipping and delivery of our products, delivery expenses and a risk during this period is on you.
From the moment when the parcel leaves our warehouse, Boomingeadgets cannot be held responsible for the delivery time, damages and/or other circumstances that may occur during the transport process.
Boomingeadgets offers a possibility to you to insure the entire shipment to your address. In order that package is being sent (for any reason) back from the customer to us, insurance is not included for that parcel.
Information about the estimating delivery time can be found on the Site when ordering. The estimated delivery time is only informative and not binding. Boomingeadgets delivers all order within next 10 days after MobileShop received the payment.
Boomingeadgets will in cases when the payment gets confirmed until CET 12 AM try to process the order the same day if the product is available in the warehouse. Estimated delivery time of ordered products is calculated from the moment when the preparation of the package starts. Preparation of orders is conducted from Monday to Saturdays.
In case that the ordered product is out of stock, delivery time is extended and Boomingeadgets gives at a possibility to its buyer to delete or cancel their order.
Every shipment is delivered to the address specified by you when placing an order, Boomingeadgets is keeping the right to ask for proof of address in order to prevent frauds or abuses of any type. Before sending the relevant proof the Boomingeadgets will not start with the preparation of the Order and in case when the relevant proof is not provided within next 5 days after the request, the order will be automatically cancelled.
Upon reception of the package you are obligated to make sure that there are no damages on the package. Otherwise, you are responsible to make a written record with your complain at your transportation company office within the time defined by law.
From the moment when a product leaves the warehouse, the risk is transferred to the other party defined with this contract. Boomingeadgets is not responsible for any delays occurred during the delivery of products. In this case you have the right to terminate or cancel your order, however you may accept the new terms of delivery, but in no case you do not have the right to demand compensation or interest or money refund for any delays.
In the case that the ordered product is not delivered within the specified time period, Boomingeadgets has to start an investigation with a transport company that was responsible for delivering the shipment. During this period Boomingeadgets will not make any decisions regarding to this specific customer order.
IX RECLAMATION POLICY
In case of dead on arrival (DOA) you have the right to return goods within a period of 3 days. Product is considered as DOA if it shows symptoms of a hardware failure, preventing basic operability, upon its first use after unpacking the product from the box. If you believe that your product is DOA, please contact Boomingeadgets support centre within next 24 hours of the delivery of the package. Boomingeadgets support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own cost and risk. Note: If you do not send within the deadline set for you by Boomingeadgets support centre, you will lose the right to return the device to us. After receiving Boomingeadgets will determine whether the product is DOA and offer you one of the following options:
- Replacement: The same product that you ordered will be shipped to you at Boomingeadgets expense. Also, MobileShop will cover customers returning shipping costs up to 20 euros.
- Refund: you will be refunded completely including return shipping (excluding insurance). Return shipping costs are refundable up to 20 euros.
Quality of product reclamation
If you are making reclamation concerning the quality of the product (problems with display, slots, hardware buttons, etc.) within next 14 calendar days after the delivery of the Product, you are obligated to contact Boomingeadgets support centre in written form. Boomingeadgets support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own cost and risk. Note: If you do not send within the deadline set for you by Boomingeadgets support centre, you will lose the right to return the device to us. You have a legal obligation to take reasonable care of the products while they are in your possession. You are responsible for all damages which will occur on the Product. The return package should include all package content and written details of the reason for return. After receiving the Product Boomingeadgets will determine condition of the product and offer you one of the following options:
- Replacement: The same product that you ordered will be shipped to you at Boomingeadgets expense.
- Refund: you will be refunded excluding insurance costs.
- Service: you will be forwarded to the closest service centre (official brand service, official Boomingeadgets service or other). The service will be provided free of charge.
Delivered product reclamation
If you are making reclamation for receiving different product model than ordered, do not open nor use the delivered product. In that case contact Boomingeadgets support centre within next 3 calendar days from delivery of the product. You are obligated to contact Boomingeadgets support centre in written form. Boomingeadgets support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own cost and risk. Note: If you do not send within the deadline set for you by Boomingeadgets support centre, you will lose the right to return the device to us. You have a legal obligation to take reasonable care of the products while they are in your possession. You are responsible for all damages which will occur on the Product. The return package should include all package content and written details of the reason for return. Boomingeadgets support centre after receiving will offer you the following options:
- Replacement: The product that you ordered will be shipped to you at Boomingeadgets expense.
- Refund: you will be refund completely including return shipping costs (excluding insurance). Return shipping costs are refundable up to 20 dollars.
This policy is not applicable in case where customer is responsible for misinterpretation of official information or when package is opened and used despite obvious misplacement. In this case, customer will be treated by Return policy.
Refunds for orders paid by Cash On Delivery are strictly not accepted .
If all of these conditions are not fulfilled, Boomingeadgets will not accept your reclamation.
X RETURN POLICY
In the case of returns, customer is responsible for returning the product to us in its original condition and for postal costs or other costs incurred when returning the product.
You are obliged to return the goods to us in the same condition, not used, and original package as they arrived (for example: headphones, cables, instructions etc.) without changed references and product serial numbers, and to take reasonable care ensuring that the goods are received by us and are not damaged in transit. Labels and all text on the labels as well as stamps from producers must be intact. You are responsible for all damages which occur on the product until the product is received by Boomingeadgets . If you fail to comply with this obligation, we may have a right of action against you for compensation.
Boomingeadgets reserves the right to make refunds after 10 days from receiving the sender’s address on his own expense.
You have the right to return the goods, or replace it with another product for any reason within 10 days from delivery of the product. If the ordered product is returned in identical (undamaged condition) Boomingeadgets will refund a full amount of the purchase price to you. Open, used or products in impaired condition will be assessed additionally. Depending on their condition the refund will be proportionally reduced. Boomingeadgets tries to describe all products as accurately as possible. Also, Boomingeadgets cannot guarantee that all data given on the product description are 100% accurate, complete, reliable and error free. For any questions about products that you are interested in, please contact our customer service in order to avoid any misconceptions (about colours, package content, languages, network coverage, etc.). If you purchased a product and it still deviates from desired, you can return the product in unused condition with all complete documentation provided with the device. In this case Boomingeadgets will refund money to all its customers in the value of returned equipment but without shipping costs in both ways – this is customer’s responsibility.
Return Postal Address:
***Regarding correct postal address for returning the product please contact our customer service.
XI WARRANTY AND SERVICE AFTER PURCHASE
Products sold through the Site are classified into two warranty categories:
US-WARRANTY – 12- 24 months of “manufacturer warranty” (depend of manufacturer)
In the United states Union, with original invoice you are entitled for one year service in an authorized service centre. In a case of improper functioning of the product or malfunction, product is sent directly to the authorized service centre.
If an authorized service centre refuses to accept a product on service, product will be sent back to you at your own expense.
SELLER WARRANTY – 24 months of free warranty provided by our web shop.
Seller Warranty is warranty provided due to some limitations in warranty of manufacturer or others limitations. Warranty itself is guarantee for all possible hardware failure, preventing basic operability within 24 months. Seller Warranty covers same issues as US warranty. Boomingeadgets has network of service centres in some countries. In case that there is not provided service centre in customer’s country, customer needs to contact Customer Support at firstname.lastname@example.org , and our agent will provide you all necessary shipping details to the closest service centre. Shipping costs to service centre (one way) will be covered by customer.
For information regarding warranty and service after purchase, please contact our Customer Support, Monday through Saturday, 08:30AM to 10:30PM CET.
WARRANTY DOES NOT COVER (in both cases of US WARRANTY and SELLER WARRANTY):
- Replacements of accessories (batteries, headphones, charger, cables, CDs, memory cards etc.).
- Damages and other consequences that can happen if the product is used inadequately and inappropriately. Clients are advised to take their time and read carefully the instructions for proper use of all products.
- If products are stored improperly, and not according to manufacturer instructions.
- Damages and other consequences that may come as a result of repairs or any other involvements from an unauthorized service centre.
- Damages and other consequences resulting from external influences (such as all kind of accidents or natural disasters).
- Damages of waterproof devices caused by submergence in salt or chlorinated water.
- Mechanical damages, damages caused by vis major, damages caused by not taking relevant care of the goods
- Damages which the customer was informed about before the delivery of the product
- Damages caused by using the product in unsuitable conditions
- Damages caused by water
- Damages caused by using an non-official supplements to the product, damages caused by non-professional assembly
Boomingeadgets is NOT liable in the case of the producer or official service centre refuse to accept the warranty from any of the reasons stated above.
In the case of the warranty being declined, the producer or services will make you an offer for the repair of the product. In the case of you refuse this offer; the producer has the right to require its administrative expenses to be covered by you. In the case of you accept the offer; you are obligated to pay a total cost of the repair to the producer.
In case when US warranty doesn’t cover repair service – your issue will be handled by the Seller warranty. You have to contact Boomingeadgets customer support, and our support team will provide you all instructions where to send the product. After receiving the product, Boomingeadgets will determine condition of the product and offer you one of the following options:
Service: you will be forwarded to the closest service centre (official brand service, official Boomingeadgets service or other).
Replacement: The same product that you ordered will be shipped to you at Boomingeadgets expense.
Refund: You will be refunded completely including return shipping (excluding insurance), up to 20 dollars for shipping.
Choosing one of the following options is the right of the Boomingeadgets.
General reclamation procedure
The customer may report the defect of the product in written form describing the defect. In the complaint protocol the customer shall provide his contact address, telephone number and e-mail address. Boomingeadgets is not responsible for any inaccuracies provided by the customer in the reclamation and is not responsible for the impossibility of delivery the product to the customer in case of providing false or inaccurate address.
The customer is obliged to send all documents connected to the product together with the product. Until Boomingeadgets does not have all documents the reclamation procedure is not started. If the customer fails to deliver the missing documents or missing parts of the product the reclamation will be considered to be unjustified.
If the product is intended to contain passwords, the customer is obliged to notify the appropriate passwords in reclamation, or remove them before the delivery of the product. If it does not, the date of starting reclamation procedure will be postponed until the day of delivery of access codes and passwords to the product.
Boomingeadgets is not responsible for damage to data and programs in the goods in case of reclamation. In this context, the customer is advised to make a backup copy of all data and programs of the product sent for reclamation.
Note: If the product isn’t sent back to us within the deadline set by Boomingeadgets support centre, the customer loses the right to return the device to us. This applies to both types of warranty.
BOOMINGADGETS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
BOOMINGADGETS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BOOMINGADGETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BOOMINGADGETS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BOOMINGADGETS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MOBILESHOP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Boomingadgets reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
XIII LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Boomingadgets be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Boomingadgets has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms and Conditions, Boomingadgets is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Boomingadgets liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Boomingadgets (but not including the purchase price for any products), or (2) 100.00 USD.
You agree to indemnify and hold Boomingadgets, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Boomingadgets by any third party due to or arising out of or in connection with your use of the Site.
XV VIOLATION OF THESE TERMS AND CONDITIONS
Boomingadgets may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Boomingadgets rights or property, or the rights or property of visitors to or users of the Site, including Boomingadgets customers. Boomingadgets reserves the right at all times to disclose any information that Boomingadgets deems necessary to comply with any applicable law, regulation, legal process or governmental request. Boomingadgets also may disclose your information when Boomingadgets determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Boomingadgets may preserve any transmittal or communication by you with Boomingadgets through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Boomingadgets determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Boomingadgets, its employees, users of or visitors to the Site, and the public.
You agree that Boomingadgets may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Boomingadgets, for which monetary damages would be inadequate, and you consent to Boomingadgets obtaining any injunctive or equitable relief that Boomingadgets deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Boomingadgets may have at law or in equity.
You agree that Boomingadgets may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Boomingadgets does take any legal action against you as a result of your violation of these Terms and Conditions, Boomingadgets will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Boomingadgets. You agree that Boomingadgets will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.
XVI AMENDMENT OF THE TERMS AND CONDITIONS
Boomingadgets reserves the right to amend, delay, or to definitely terminate the service provided through the Site, and these Terms and Conditions at any time, and furthermore to change or delete the contents of the Site at any time without prior notification.
XVII GOVERNING LAW, MISCELLANEOUS
These Terms and Conditions shall be interpreted and performed in accordance the law, especially the provisions of the Commercial Code No. 513/1991 Col. And if the buyer is considered as a consumer the provisions of Civil Code No. 40/1964 Col applies. The competent courts shall have exclusive jurisdiction for any dispute arising in connection with these Terms and Conditions. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The present Terms and Conditions are written in English languages. These Terms and Conditions constitute the only terms between Boomingadgets and the customers and the relationship between them shall only be regulated by these terms. The present Terms and Conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings. To the extent that anything in or associated with the content of the Site is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence, unless prohibited by law. The headings of Sections and subsections of these Terms and Conditions are only for convenience of reference and are not intended to affect the interpretation or construction of any provision of these Terms and Conditions. If Boomingadgets fails to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of its right to enforce such provision.
Last update: 9 November 2020.