IntroductionYou
may only use our website www.gundeals.co.uk (hereafter referred to as the GDUK website) and services on the
following terms which we advise you to read very carefully. By
using the GDUK website you agree to be bound by these terms. We value your
custom and have gone to considerable effort to create terms that are
fair to you and us (GDUK). If you do not believe that our terms and conditions are fair, please feel free to make constructive recommendations to
us by contacting admin@gundeals.co.uk with TERMS as the subject line.
We
reserve the right to make reasonable changes to these terms as well as
any changes caused by circumstances beyond our reasonable control at
any time and except in cases of emergency we will endeavour to provide one month’s
notice of any changes by posting them on the GDUK website., you are advised
to check the latest terms from time to time. Changes will apply from the date on which they are published.
General interpretationThe headings in these terms are provided for clarity and are not intended to form part of the terms nor effect their interpretation.
If you are more than one legal entity, each individual or legal entity accepts liability jointly and severally under these terms.
References made in the masculine form shall be deemed to include the feminine and neuter
forms and vice versa and any reference to the singular shall be deemed to include the plural
and vice versa.
The terms and conditions of use on the GDUK website are to be interpreted exclusively in
accordance with English Law and any disputes regarding these terms will
be subject to the exclusive jurisdiction of English courts of law. We
make no representation that the GDUK website and any content thereof complies with the
laws of other countries.
It is a condition of membership of the GDUK website that you are over 18 years of age. By completing the membership application form, you warrant to us that you are over 18 years of age.
Listing displayWe
will, subject to compliance with these terms, display any listing
accepted by us on our website within 24 hours after you have submitted
it to us unless we have decided to amend it or refuse it. You may
cancel the order at any time before it appears on the website by
contacting
admin@gundeals.co.uk The relevant time of cancellation will be the time the email is
received in our account. By ordering a listing however, because the
service starts within 24 hours, private sellers lose the extended right
of cancellation within seven working days.
Once you have booked
your listing, if you submit a listing which breaches any of these
terms, you will still be liable for our listing fee even if the listing
is not displayed as a result. Once you have paid your fee and we have
accepted your listing, it may not be cancelled. We will remind you, by
email, from time to time, to ask if you have sold your item. Please
respond, to keep our website up-to-date.
We are committed to
this website being the most effective way of selling guns online in the
UK and in order to do that the site needs to be up-to-date and active.
So, if you sell the item you are listing or decide to withdraw it from
sale, please tell us immediately. We ask you to make sure you remove
your listing as soon as you have sold or withdrawn it please.
If users report to us that you have sold or withdrawn an item, we will email you to ask if it is true.
Duration of listingYou pay us a fee according to the rates and for the period appearing on our website at the time of your placement of the order and renewals are at the rate and period applicable at the time of renewal.
Our right to withdraw listingsWe
reserve the right to amend, reject or withdraw your listing at any
time, with or without justification, even after we have approved your
listing. If there is no reasonable legal justification (which includes
but is not limited to reasonable suspicion of breach of these terms),
we will credit you with a reasonable proportion of the listing fee
payable (proportionate for the period it is withdrawn) but if it is
withdrawn with reasonable justification, no such credit will be given.
We also reserve the right to refuse you as a customer at the outset or
at any time without notice or justification.
Our roleWe
are facilitators to allow people to make legal sales and purchases of
guns. We are in no way responsible for the transactions effected
between buyers and sellers and cannot become involved in any disputes
between you. However, we are committed to having a respectable website
that is effective for all users and we reserve the right to refuse
listings to individuals or businesses that flagrantly breach our terms
or abuse our users.
Service availabilityRegardless
of the above clause, whilst we agree to use reasonable endeavours to
ensure a properly functioning, accessible Website, you will appreciate
that it is technically impossible to guarantee access to our website
100% of the time or error-free functionality and we will not accept any
responsibility for losses resulting from any temporary interruption of
or other problems with service. If any errors come to your attention,
please notify us immediately and we will endeavour to remedy the
problem as soon as reasonably possible.
We need to maintain and
improve the site from time to time to ensure you get the best service
we can offer. We promise that except in emergencies, scheduled downtime
will be at off-peaks times.
Service accessibilityOur
Website is designed to be viewable by Microsoft Internet Explorer
Version 4, 5, 5.5 and 6 and we do not guarantee performance using any
other browser and we are not responsible for the effectiveness of
non-text content for your listing. In any event, if you have set your
browser to block cookies or reject Java Script, it may affect your use
of our Website.
Listing feesAll listings are to
be paid for in advance at the prevailing rate displayed on our website
from time to time (unless otherwise expressly agreed in writing) and
that fee is due in respect of each listing.
Payment termsAll listings
are invoiceable and payable when the listing period ends, or when the listing sells, whichever is sooner. All monies due
are due in pounds Sterling net and any overdue monies bear interest at
the rate of 8% above the base rate of HSBC Bank plc from the date of
invoice. You have no right of set-off, deduction or counterclaim in
respect of any monies due to us.
Payment methodPayments can only be made by NOCHEX, Cheques, Postal Orders or BACS transfer.
Your obligation to submit content onlineYou
must submit your copy for the listing on our website online – please do
not include a website address (“URL”) in your listing. Listings with
URLs will be withdrawn immediately and you will not be entitled to a
refund of your listing fee.
Your warranties regarding listing contentYou
warrant to us that all copy is accurate, up-to-date and not misleading
in any way and that it complies with the standards set by the
Advertising Standards Authority and that no content will breach any
third party intellectual property rights or be illegal, immoral,
offensive or defamatory. In particular, you warrant that any pictures
and text are your own copyright and you grant us an irrevocable,
perpetual, exclusive, worldwide, royalty-free licence to use such
images and text – this means that if you wish to advertise the item
elsewhere, you must take fresh pictures. We reserve the right to apply
a watermark to images on our website without giving you credit for the
fact that you took the picture.
You also warrant that all
material you upload to our website is free of any virus, worm, Trojan
horse or similar thing and will not materially adversely affect the
normal operation of any software or hardware of ours or of any visitor
to our Website.
Your warranty regarding right to sell & compliance with lawsYou
warrant that you will not offer anything for sale which is not or will
not on sale be yours to sell and free from any lien or other liability
– in other words, you warrant that the item being sold belongs to you
and is not subject to rights in favour of anyone else.
You may
not offer any item for sale that you are not legally entitled to
possess and if you do so and we withdraw your listing you will not be
entitled to a refund. If you have any doubt as to the item you wish to
list, please write admin@gundeals.co.uk
stating exactly what the item is, and we will respond with our decision
as to whether the item is acceptable. We reserve the right to prohibit,
withdraw, or otherwise delete, any item which we deem to be
unacceptable.
You warrant that you comply in all respects with
UK firearms laws and other laws governing the sale and keeping of items
listed by you. In particular, you warrant that you are of an age that
is entitled to make the listing under such laws and that in any event
you are aged 18 or over.
Your indemnityYou agree
to indemnify us (on a full indemnity basis) against any costs claims
and liability arising from any breach of this warranty. You are advised
to ensure that before you upload anything other than text to our
website, you make sure it has been passed through up-to-date virus
preventing software.
Our right to edit contentYou acknowledge that we are entitled to edit the content of any listing at our absolute discretion or refuse it for publication.
Customer confidentialityYou will at all times respect the privacy and confidentiality of a potential customer who contacts you through our website.
Username and Password UseYou
will be allocated your own unique username and password and you agree
to keep your username and password confidential and not to pass it on
to any third party for any reason whatsoever. You agree to accept
responsibility for anything done or omitted to be done by anyone using
your username and password should you breach these terms or permit
(accidentally or otherwise) a third party to gain access to your
account.
You agree to notify us immediately that you become
aware that someone may have unauthorised access to your account. You
may not use anyone else’s account at any time.
PrivacyYou
understand that by displaying the name or email address of a contact in
your listing, you are providing personal data to us. As such, you
warrant that you have the consent of the person whose name you have
given to appear in the listing in compliance with the Data Protection
Act 1998 and agree to indemnify us against any costs, claims and
liabilities arising from any breach of that Act in the supply of that
information. In particular, you warrant that you have informed all
people whose name, email address or other personal data you have
supplied that by consenting they are acknowledging that they are aware
that their personal data will be available worldwide including in
jurisdictions where there are no adequate data protection laws.
We,
in turn, agree not to use that information other than for the display
of the listing or any other Website for which we provide content from
time to time and to inform you of our other services and of
developments on our website. The terms of our privacy policy apply
No Liability for Viruses, etcWe
pass all content of our website through up-to-date virus protection
software before uploading it to our website. However, the nature of
virus, worms, trojans and other devices that may impact the use of your
computer system is that we cannot guarantee that our website and its
content are free of them and we cannot accept responsibility for any
loss arising from such things. You are therefore urged to make sure
that you have up-to-date virus protection software on all parts of your
system that may be affected by such an attack and to take appropriate
regular backups of your system to minimise any losses that may arise.
Exemptions and exclusionsNeither
you nor we are responsible for any breach of these terms insofar as
that breach is a result of something beyond our reasonable control but
both you and we agree that if that situation arises, we will do
everything we reasonably can to overcome that problem as soon as
possible.
We are not responsible to you for any indirect loss or
for any economic loss or damage arising from any breach of these terms
including but not limited to any delay in displaying a listing or any
failure to display an listing. Our liability under these terms is in
any event limited strictly to twice the amount payable for the
particular listing.
General provisionsWe may from
time to time link to other websites – please do not treat the existence
of any links as us endorsing that website. We endeavour not to link to
irresponsible websites but cannot intervene in disputes regarding the
nature or content of any linked sites or the effect of them on your
computer system. The terms of use and privacy policies of those sites
will apply to their use.
No representations made to you will
have any effect unless they have been confirmed in writing (obviously
this clause is not intended to cover any fraudulent
misrepresentations). As such, the terms of your order and these terms
constitute the entire agreement between us. Unless these terms have
been varied by us and confirmed in writing, no attempted variation is
effective.
If we do not strictly enforce our rights under these
terms at any time, we reserve the right to do so in future both in
respect of a particular breach and in respect of any future breach.
Our website terms of use apply to all use of our website.
There terms are not intended to benefit anyone other than you and us.
If you have any queries regarding any of our terms of business, please email us at admin@gundeals.co.uk