Terms & Conditions

 

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, GunDogsDirect “Our Site”. Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately. These Terms and Conditions do not apply to the sale of goods.

1. Definitions and Interpretation

  • 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

    “Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
    “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
    “User” means a user of Our Site;
    “We/Us/Our” means GunDogsDirect gundogsdirect.co.uk.

 

2. Information About Us

  • 2.1 Our Site, GunDogsDirect is owned and operated by GunDogsDirect Ltd

 

3. Access to Our Site

  • 3.1 Access to Our Site is free of charge.
  • 3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
  • 3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site or any part of it at any time and without notice. We will not be liable to you in any way if Our Site or any part of it is unavailable at any time and for any period.

 

4. Accounts only for the GunDogsDirect Shop

  • 4.1 Certain parts of Our Site including the ability to purchase goods from us may require an Account in order to access them.
  • 4.2 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
  • 4.3 We recommend that you choose a strong password for your Account, consisting of for example a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
  • 4.4 You must not use anyone else’s Account.
  • 4.5 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 17.
  • 4.6 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
  • 4.7 If you close your Account, any User Content, e.g. reviews, comments etc. you have created on Our Site will be deleted.

 

5. Intellectual Property Rights

  • 5.1 With the exception of User Content see Clause 6, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content including User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
  • 5.2 Subject to sub-Clause[s] 5.3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
  • 5.3 You may:
    • 5.3.1 Access, view and use Our Site in a web browser including any web browsing capability built into other types of software or app;
    • 5.3.2 Download Our Site or any part of it for caching;
    • 5.3.3 Print pages from Our Site;
    • 5.3.4 Download extracts from pages on Our Site; and
    • 5.3.5 Save pages from Our Site for later and/or offline viewing.
  • 5.4 Our status as the owner and author of the Content on Our Site or that of identified licensors, as appropriate must always be acknowledged.
  • 5.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us or our licensors, as appropriate to do so.
  • 5.6 When you use GunDogsDirect you are allow us to share your advert details with our sister company www.gundogsuk.co.uk

 

6. Links to Our Site

  • 6.1 You may link to Our Site provided that:
    • 6.1.1 You do so in a fair and legal manner;
    • 6.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
    • 6.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
    • 6.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
  • 6.2 You may link to any page of Our Site provided you comply with the remainder of this Clause 7.

 

OR

 

  • 6.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at info@Gun Dogs Direct for further information.
  • 6.4 You may not link to Our Site from any other site the main content of which contains material that:
    • 6.4.1 is sexually explicit;
    • 6.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
    • 6.4.3 promotes violence;
    • 6.4.4 promotes or assists in any form of unlawful activity;
    • 6.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
    • 6.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    • 6.4.7 is calculated or is otherwise likely to deceive another person;
    • 6.4.8 is intended or is otherwise likely to infringe or to threaten to infringe another person’s privacy;
    • 6.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4;
    • 6.4.10 implies any form of affiliation with Us where none exists;
    • 6.4.11 infringes, or assists in the infringement of, the intellectual property rights including, but not limited to, copyright, trade marks and database rights of any other party; or
    • 6.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

7. Links to Other Sites

  • Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

8. Disclaimers

  • 8.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. [Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
  • 8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
  • 8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees whether express or implied that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Sale of Goods Terms and Conditions <>.

9. Our Liability

  • 9.1 The provisions of this Clause 8 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Sale of Goods Terms and Conditions <>.
  • 9.2 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort including negligence, for breach of statutory duty, or otherwise, arising out of or in connection with the use of or inability to use Our Site or the use of or reliance upon any Content included on Our Site.
  • 9.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees whether express or implied that may apply to Our Site or any Content included on Our Site.
  • 9.4 Our Site is intended for non-commercial use only.
  • 9.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site including the downloading of any Content from it or any other site referred to on Our Site.
  • 9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
  • 9.7 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

10. Viruses, Malware and Security

  • 10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
  • 10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
  • 10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
  • 10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
  • 10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  • 10.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

 

11. Acceptable Usage Policy

  • 11.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
    • 11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
    • 11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
    • 11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
    • 11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • 11.2 When submitting User Content or communicating in any other way using Our Site, you must not submit, communicate or otherwise do anything that:
      • 11.2.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • 11.2.2 promotes violence;
      • 11.2.3 promotes or assists in any form of unlawful activity;
      • 11.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
      • 11.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • 11.2.6 is calculated or is otherwise likely to deceive;
      • 11.2.7 is intended or otherwise likely to infringe or threaten to infringe another person’s right to privacy;
      • 11.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2;
      • 11.2.9 implies any form of affiliation with Us where none exists;
      • 11.2.10 infringes, or assists in the infringement of, the intellectual property rights including, but not limited to, copyright, patents, trade marks and database rights of any other party; or
      • 11.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • 11.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
      • 11.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
      • 11.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
      • 11.3.3 issue you with a written warning;
      • 11.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • 11.3.5 take further legal action against you as appropriate;
      • 11.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      • 11.3.7 any other actions which We deem reasonably appropriate and lawful.
    • 11.4 We hereby exclude any and all liability arising out of any actions including, but not limited to those set out above that We may take in response to breaches of these Terms and Conditions.

     

    12. Privacy and Cookies
    Use of Our Site is also governed by Our Cookie and Privacy Policy

    13. Changes to these Terms and Conditions

    • 13.1 We may alter these Terms and Conditions at any time. [If We do so, details of the changes will be highlighted at the top of this page.] Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
    • 13.2 In the event of any conflict between the current version of these Terms and Conditions and any previous versions, the provisions current and in effect shall prevail unless it is expressly stated otherwise.

     

    14. Contacting Us
    To contact Us, please email Us at info@gundogsdirect.co.uk or using any of the methods provided on Our contact page.

    15. Communications from Us

    • 15.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    • 15.2 From time to time we may send you marketing emails. If you do not wish to receive these you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 working days for your new preferences to take effect.
    • 15.3 For questions or complaints about communications from Us including, but not limited to marketing emails, please contact Us at <> or via <>.

     

    16. Data Protection

    • 16.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
    • 16.2 We may use your personal information to:
      • 16.2.1 Reply to any communications you send to Us;
      • 16.2.2 Send you important notices, as detailed in Clause 16;
      • 16.2.3 Send you emails containing product information and special discounts.
    • 16.3 We will not pass on your personal information to any third parties.

     

    17. Law and Jurisdiction

    • 17.1 These Terms and Conditions, and the relationship between you and Us whether contractual or otherwise shall be governed by, and construed in accordance with, English law.
    • 17.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith whether contractual or otherwise shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • 17.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith whether contractual or otherwise shall be subject to the exclusive jurisdiction of the courts of England and Wales.
    • If you are advertising dogs on GunDogsDirect you must follow the goverment guide line for breeders https://www.gov.uk/government/publications/animal-activities-licensing-guidance-for-local-authorities/dog-breeding-licensing-statutory-guidance-for-local-authorities If its found you are in breech of these guide lines your adverts will be removed.
  • GunDogsDirect Safe Deposit Service 
    • This is an escrow serviced supplied by TrustShare and managed on our behalf. Should you have enquires about deposits paid you should aim you questions to the TrustShare customer service team.
    • Buyers Deposit Service GunDogsDirect have introduced the Safe Deposit Service providing you the buyers security and peace of mind when purchasing a new gundog. Here is some information on what we recommend is safe practice when purchasing a new gundog. 1. Search the GunDogsdirect website for the gundog you want. 2. When you have selected the gundog you want make contact with the breeder/seller over the phone or via email to ensure the gundog is still available. 3. Arrange a viewing in person to view the gundog, if this is not possible arrange a video link so that you see the breeder and the gundog in question. Here you are free to ask the breeder/seller all the question you want to ensure you are totally satisfied with your selection. 4.ONLY when you are totally happy with the gundog you have selected and you have seen the gundog in person do we advice that you pay the deposit via the GunDogsDirect Safe Deposit Service which can be found on the advert under the contact details. 5. A point to note, is that all deposits are non refundable unless the gundog is in poor health on the day of delivery or the beeder/seller agree’s to refund his or her’s deposit. So please make sure you are committed to purchasing a new gundog before you start this process! 6. Emails from the GunDogsDirect Safe Deposit Service will be sent to both parties promoting you both on how funds are released to the breeder/seller, please follow the simple instructions as you go along. 7. When it’s time to collect your new gundog use the emails sent by the deposit service to release the deposit to the breeder/seller and pay any outstanding balance in person. 8. Congratulations on purchasing your new gundog, you have successfully used the GunDogsDirect Safe Deposit Service. 9. When you the buyer use the GunDogsDirect Safe Deposit Service you are subject to our decisions should you wish to dispute the return of your deposit. If you are not in agreement with this point we ask that you do not use the GunDogsDirect Safe Deposit Service. A dispute must be raised within 24 hours of collection of the dog otherwise you waiver your right to dispute the return of the deposit and GunDogsDirect will not take responsibility. 10. If you the buyer wish to pull out of the purchase of the gundog at any stage after paying your deposit you can do so but you will lose the right to claim back your deposit unless of the following a the dog is of ill health and you have a vet's note within 24 hours of collection to prove your claim, so not fit for sale. or b the breeder/seller agree's to refund the deposit back minus any escrow fees. Again if you are not in agreement of these two terms please do not use the service. Should you have any further question please don't hesitate to contact info@gundogsdirect.co.uk