STANDARD TERMS OF THE INTERNET GUN CLUB

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE INTERNET GUN CLUB (IGC) OFFERS ACCESS TO ITS WEB SITE OR ANY PUBLICATION THAT IGC MAY PRODUCE OR CIRCULATE FROM TIME TO TIME.

BY TICKING THE "I ACCEPT" BOX WHEN APPLYING FOR MEMBERSHIP OR BY USING THIS SITE YOU ACCEPT THE TERMS AND CONDITIONS BELOW.

THIS AGREEMENT SETS OUT THE ENTIRE EXTENT OF ANY CONTRACTUAL OR OTHER BINDING TERMS AGREED OR TO BE AGREED BY IGC AND ANY OTHER PARTY TO THE EXCLUSION OF ANY IMPLIED OR ORAL TERMS OR ANY OTHER TERMS AT ALL EXCEPT SUCH TERMS AS MAY BE AGREED IN WRITING FROM TIME TO TIME.

CERTAIN TERMS USED IN THESE STANDARD TERMS OR ON THIS WEB SITE OR IN SUCH PUBLICATION HAVE THE MEANINGS ASCRIBED TO THEM IN THE "GLOSSARY".

THROUGHOUT THIS AGREEMENT USE OF THE SINGULAR INCLUDES THE PLURAL AND USE OF THE MASCULINE INCLUDES THE FEMININE.

GENERAL TERMS

1. IGC is involved in the provision of information and various facilities related to shooting sports and the advertisment of Items that may be offered for sale by Users of its web site. IGC is not a party to any agreement arranged through its web site or other Publications nor is IGC a party to any relationship or agreement the creation of which was facilitated by use of its facilities.
2. IGC accepts no responsibility for any errors, omissions, discrepancies or changes that may occur to the text contained on this site, and Users must accept these and other terms before using these facilities.
3. Any information contained on this site may be modified at any time at the absolute discretion of IGC. Users shall be deemed to have had notice of any and all modifications to these terms and conditions where such modifications have been published or otherwise circulated in a manner that would enable a reasonably competent User to have had notice of any modification. Such modifications shall be deemed to have been accepted when a User uses or continues to use IGC's services after such modification has been made irrespective of the User's actual notice.
4. IGC reserves the right at their absolute discretion, without giving any reason, to refuse admission to their web site.
5. IGC may withdraw any facilities from its web site or such other Publication and vary the description of any facility without in any case giving previous notice or any reason. Any variation by IGC shall not in any way incur any liability or responsibility whatsoever by IGC.
6. Such fees as may be charged by IGC for its services may be modified or varied at the absolute discretion of IGC. Notice of such modification or variation shall be in accordance with Clause 3 of this agreement.
7. Any sums received by IGC from any person may be appropriated by IGC and applied to any amounts owed by such person to IGC on any account whatever and payment to IGC of a sum of money for a specific purpose shall not give rise to any trust or settlement.
8. Any payment to IGC for any purpose shall be made by such method as shall be specified by IGC themselves. Such specification may from time to time and at the absolute discretion of IGC be varied. Notice of such variation or modification shall be in accordance with Clause 3 of this agreement.
9. Notwithstanding unauthorised use of its facilities, the authorised use of the facilities of IGC are available only to Members and each such Member shall be a person able to form legally binding contracts under applicable law.
10. IGC does not act as agent for any party and has authority to act on behalf of itself only. IGC has no authority whatever to contract, make representations, or imply terms, or any authority at all to act on behalf of any party to any agreement entered into subsequent to use of IGC's facilities.
11. Where any person has an action against IGC or IGC owed a duty or liability to any person such duty or liability shall be owed by and such action shall lie against IGC only and IGC's directors, officers, servants or agents shall owe no duty or liability to any person other than IGC and no liability shall lie against any of IGC's directors, officers, servants or agents.
12. IGC is independent from any transaction made between any parties, whether the parties were introduced via IGC or not. IGC does not act as agent, partner, joint venture partner, employee, employer, franchisor or franchisee or in any other legal capacity in relation to parties who may contract with one another having been introduced by IGC. IGC will have no contractual involvement in any dealings between any parties, other than the contract to provide information and facilities via its web site.
13. The general notices elsewhere in IGC publications and on the IGC web site to the effect that all statements made by IGC are statements of opinion and are not to be relied upon as statements or representations of fact should be noted by all Users of IGC's facilities.
14. It should also be noted that on the IGC web site or such other Publications statements of opinion made by third parties are not the opinions of IGC.
15. Members should note that there are above average risks in dealing world-wide, in dealing with under-age persons, and in dealing with persons acting under false pretences. IGC accepts no responsibility for any loss or damage caused to any party dealing in such circumstances and / or with such persons.
16. IGC its servants or agents shall not under any circumstances be liable for any loss of profit or any other special, incidental or consequential damages whether foreseeable or not however caused.
17. IGC’s web site may provide pages for the use of Members and links or references for Users to other sources of information. IGC is not responsible in any way for any information contained in such sources nor is it responsible in any way for any transaction that may result from any party's dealings with such other sources.
18. Persons submitting information for inclusion on IGC's web site or other Publications for any purpose warrant that such information shall:
    1. not infringe any copyright, patent, trademark, trade secret or other proprietary right or right of publicity or privacy;
    2. not violate any law, statutory provision or other regulation in force at the time of submission of the information;
    3. not be defamatory, trade libellous, unlawfully threatening or harassing;
    4. not be offensive, obscene or contain child pornography, or be harmful to minors in any way;
    5. not contain viruses or other information, electronic or otherwise, or any computer program which may cause the loss or damage, permanent or otherwise, of any information stored on any computer, or otherwise be harmful to computer hardware or software of other users and / or IGC;
    6. not link to any services which are prohibited under this agreement, or which compete with the services provided by IGC without IGC's express permission in writing. Further to this Clause IGC will not be responsible for any breach of this term and IGC will not be expected to examine information submitted to it for any purpose.
19. Any person submitting any information to IGC grants a world-wide, perpetual, irrevocable licence to exercise the intellectual property rights in such information. No action will lie in respect of any intellectual property rights to information submitted, against IGC its servants or agents. The foregoing does not in anyway purport to restrict any statutory rights under the Data Protection Act 1984.
20. No Member using the IGC web facilities shall disclose the password they use to access IGC's web site to any third person whosoever that may be, and no Member using IGC facilities shall use their password or identification details or any facility or information obtained from or through IGC for any unlawful or unauthorised purpose.
21. IGC may issue a warning, temporarily suspend, indefinitely suspend, Blackball or terminate the membership of any Member and / or IGC may terminate access by any User to facilities or information contained on its web site or in other Publications and IGC reserves the right to exercise this power at their absolute discretion.
22. Any person submitting information for inclusion on IGC's web site or such other Publications for any purpose shall fully indemnify IGC in respect of any claim made against IGC or any of its members or staff for breach of any intellectual property right whether such breach is a direct or indirect consequence of the inclusion of the information. Any person submitting information shall also indemnify IGC for any loss or damage caused either intentionally or otherwise by breach of contract, tort (including defamation), breach of statutory duty, or any other act which exposes or may expose IGC to any claim against it or any other loss or damage howsoever caused.
23. Use of IGC's web site is subject to Users indemnifying IGC for any loss or damage as a result of fraudulent or improper use.
24. Any controversy or claim arising out of or relating to this agreement shall be settled according to the laws of England and Wales, and shall be adjudicated in the territory of England and Wales, notwithstanding that any party to any contentious issue is a national of any other jurisdiction and / or subject to any other laws and / or jurisdictions. This agreement shall be governed in all respects by the laws of England and Wales irrespective of any clause to the contrary in any other party's contractual terms.
25. In the event that any provision or provisions in this agreement are struck out for any reason, the remaining provisions shall be enforced and enforceable, and shall not be affected in any way by the fact that another provision has been struck out.
26. IGC excludes any liability whatever for any loss or damage howsoever caused as a result of any User using its facilities in any manner.
27. Acceptance of this agreement shall be deemed to have taken place in the jurisdiction of England and Wales irrespective of the jurisdiction in which any User was present at the time of the acceptance.
28. Notwithstanding unauthorised use of IGC's web site, on ticking the 'I Accept' box an applicant for membership shall be deemed to have made an offer to IGC which IGC may accept or refuse at its sole and absolute discretion and in any case where IGC accepts the offer made there shall be no binding agreement prior to that acceptance.
29. Acceptance of this agreement shall be deemed to have taken place when IGC sends a personal identification number by email to the email address given by the applicant or when any person uses this web site or such other Publication.

TERMS APPLICABLE TO ADVERTISING IN ADDITION TO THE ABOVE

30. The term 'Buyer' shall have the meaning given in the Glossary to these Terms.
31. The term 'Seller' shall have the meaning given in the Glossary to these Terms.
32. The term 'Item' shall have the meaning given in the Glossary to these Terms and shall include any Item for sale or transfer under this facility.
33. On submitting an Advertisement the Seller shall give a full and accurate description of the Item and in submitting such description shall have regard to and comply with the requirements and guidelines of IGC for the submission of advertisements as stated on the web pages and in the forms thereon for submission of advertisements.
34. Any information submitted for inclusion on IGC's web site or in such other Publications for any purpose shall not be fraudulent or involve the sale of counterfeit or stolen items. In this connection and for clarification the attention of Members is drawn to the further provisions of Clause 18 above. Further to this Clause IGC will not be responsible for any breach of these Terms and IGC will not be expected to examine all or any of the information submitted to it for any purpose.
35. IGC will not act as or for either the Seller or the Buyer of any Items advertised or sold via this web site or such other Publications. IGC is not a party to any agreement arranged through its web site or such other Publications nor is IGC a party to any relationship or agreement the creation of which was facilitated by use of its facilities.
36. The Seller accepts and warrants that IGC acts as agent only to the extent that an Item for sale or transfer is advertised. IGC may accept and publish or reject and refuse to publish or subsequent to publication may withdraw an advertisement from publication at any time and at its sole discretion.
37. IGC accepts no responsibility for any errors, omissions, discrepancies or changes that may occur to the text contained in this site, and Users must accept these and other terms before using this service.
38. Any information contained in any advertisement on the site may be modified at any time at the absolute discretion of IGC.
39. The price of any Item advertised through IGC may be stated in any currency and an approximate conversion of such price may also be stated in pounds sterling, and / or United States dollars. It is the responsibility of the Buyer of any item to calculate the exact price in the currency in which he will pay for the Item. IGC accepts no responsibility for any miscalculation of price or currency conversion, nor does it accept responsibility for any other matter related to the price or value of an Item advertised on its web site or in any of its publications.
40. IGC may withdraw any advertisements in respect of any Item from its web site or such other Publications and vary the description of any Item without in any case giving previous notice or any reason. Any variation by IGC shall not in any way incur any liability or responsibility whatsoever or otherwise render IGC liable for any misrepresentation, mistake or other misunderstanding and no variation shall be deemed to be an acceptance of any such liability or responsibility mistake or other misunderstanding.
41. Sales or transfers involving live or dead plants or animals or parts thereof or products derived from the same or herbicides insecticides poisons and any other similar chemical or compound or constituent thereof or weapons of any kind including but not limited to edged pointed and blunt weapons, firearms and ammunition, parts or any accessory connected with weapons firearms and ammunition including but not limited to bullets, parts of bullets, cartridge cases, primers, propellants and their constituents, explosives and their constituents may require the contracting parties to obtain official documentation authorising use, possession, transfer or other dealing with the items referred to in this Clause. Such documentation may include a firearms certificate or licence or permit, shotgun certificate or licence or permit, import or export licence or permit, or licence or permit allowing possession or use. It shall be the responsibility of those parties contracting to ensure that all relevant official documentation and formalities are complied with and IGC accepts no responsibility for any party’s failure to obtain or comply with any necessary authorisation.
42. IGC makes no representation whatever regarding or concerning any Item that is included or advertised for sale or transfer by any third party on its web site or in such other publication and any and all representations concerning any Item are made by the parties alone and are not made by IGC.
43. IGC will not inspect or otherwise examine, value, describe, have in its possession, hold, secure or otherwise deal with or exercise any control over any Item advertised via its web site or in such other Publications. IGC is therefore not in a position to make any representation whatever relating to any Item that may be advertised, nor is it in a position to deliver up or otherwise deal with Items advertised, sold or transferred, or to withhold such Items from any party.
44. Where an agent or carrier is instructed by any party to collect and transport an Item, such Item shall not be released to the agent or carrier unless such agent or carrier produces documentation evidencing his authority to act on behalf of his principal in the carrying and transportation of the Item. It is the principal’s duty to ensure that the agent or carrier is permitted under any applicable laws, rules or regulations to collect and transport the Item. In such circumstances the person releasing the Item shall be responsible for obtaining evidence of the agent's authority and if he is unable to prove that such evidence was produced to him prior to the release of the Item he shall be liable for any loss or damage to the Item howsoever caused.
45. Any person acting on behalf of another shall be deemed responsible for payment and collection of an Item purchased or otherwise acquired under this facility. Any such person acting on behalf of another shall have the actual authority of his principal and shall comply with all legal and licensing formalities required to be complied with in order for a transaction of the nature proposed to take place, and any such person acting on behalf of another shall ensure that he has fulfilled the requirements of these Terms prior to acting on behalf of his principal.
46. Any statements or representations made in relation to an Item advertised or offered under this facility are, unless stated to the contrary, statements of the Seller alone and are not statements or representations made by IGC. Any such statements or representations made by any Seller in relation to any Item advertised or offered for sale are statements or representations of opinion only and are not to be taken as statements or representation of fact unless otherwise stated.
47. The general notices elsewhere in IGC publications and on the IGC web site to the effect that all statements made by IGC are statements of opinion and are not to be relied upon as statements or representations of fact should be noted by all Users. Such statements are the opinion of one who has had no opportunity to inspect the Items and who has no special knowledge of the Items.
48. Neither IGC nor the Seller makes or gives, neither has IGC, nor any person employed by IGC, any authority to make or give any representation or warranty to any person in respect of any Item.
49. In consideration for services provided by IGC its servants or agents a party may be required to make payment to IGC of a sum as agreed between IGC and the relevant party.
50. The IGC site acts inter alia as a venue for Sellers to advertise their Items for sale or transfer and for Buyers to buy or acquire Seller's Items. IGC is not involved in any transaction between Buyers and Sellers.
51. As a result of Clause 50 of this agreement IGC has no control over the Items advertised, the truth or accuracy of any statements, the ability of Sellers to sell or transfer Items or the ability of Buyers to buy items. IGC cannot and does not control whether Sellers will complete the sale or transfer of Items advertised and subsequently offered, nor can IGC nor does IGC control whether Buyers will complete the purchase of Items they have offered to buy.
52. If a dispute arises between the Seller and the Buyer and the Buyer has inspected the Item prior to the sale IGC will not act as arbitrator.
53. If a dispute arises and the Buyer has not inspected the Item prior to the sale and both parties agree to appoint IGC as arbitrator in the dispute IGC may at its sole discretion act as arbitrator. Where IGC acts as arbitrator and both parties agree they may further agree to be bound by the decision of IGC, but in the absence of such agreement to be bound the agreement to appoint IGC as arbitrator shall in no way prejudice either party's recourse to the Courts of England and Wales. In this event IGC shall be at liberty to pass to both parties copies of any relevant correspondence received in connection with the advertisement.
54. Where a Buyer has not inspected an Item prior to the sale and has received and subsequently inspected the Item that was the subject of a sale under this facility, and the Buyer reasonably considers that he has a contractual right to reject the Item, the Buyer must communicate his rejection promptly and in any case within 5 days of delivery. Under such circumstances the Buyer shall within 48 hours of his rejection of the Item and, except where the Item was inaccurately described or mis-described, at his expense deliver or arrange for delivery of the Item to the Seller packed in the same packaging or packaging of higher quality than that in which the Item was received. A Buyer may not reject an Item that was the subject of a sale via this facility if the item is used by him or anyone acting with or without his authority save where express written permission from the Seller has been given in respect of such use. The Buyer shall insure and bear the cost of insuring the Item at the value he paid for it less the cost of packaging, delivery and insurance.
55. In the case of an offer where the Buyer has inspected the Item prior to a sale and the Buyer reasonably considers that he has a contractual right to reject the Item, the only grounds for rejection shall be that the Seller knowingly and recklessly described the Item inaccurately or misleadingly. The Buyer shall deliver or arrange for delivery of the Item to the Seller packed in the same packaging or packaging of higher quality than that in which the Item was received. A Buyer may not reject an Item that was the subject of a sale via this facility if the Item is used by him or anyone acting with or without his authority save where express written permission from the Seller has been given in respect of such use. The Buyer shall insure the Item at the value he paid for it less the cost of packaging, delivery and insurance. The Buyer shall communicate his rejection promptly and IGC shall not be notified.
56. Where a Buyer has any contractual or other right to reject the Item but fails to communicate his rejection promptly and in any case within 5 days of receipt of the Item and / or to return the Item to the Seller promptly and in any case within 48 hours of his rejection the Buyer shall be deemed to have affirmed the transaction notwithstanding that he had a contractual or other right to rescind the contract and reject the Item. The Buyer shall promptly inspect or ensure that he has made arrangements for the prompt inspection of an Item that he has purchased. In the event that the Buyer fails to promptly inspect or make arrangements necessary for the prompt inspection and / or return of an Item he shall not be entitled to an extension of the relevant periods for inspection and /or of an Item.
57. In the event that upon receipt by the Seller the Item is damaged or in a condition inferior to that in which it was conveyed to the Buyer there shall be a rebuttable presumption that the Buyer is responsible for such damage or loss of condition and the Buyer shall promptly and fully compensate the Seller for such damage or loss of condition. This presumption may be rebutted inter alia by evidence as to the condition of the goods at the time of receipt by the Buyer.
58. Where an Item has been mis-described and the Buyer properly rejects the Item the Seller shall accept such rejection and title to the Item shall revert to the Seller. The Buyer shall be entitled to a reimbursement of the purchase price together with any reasonable costs and expenses of the transaction.

GLOSSARY