Gander Market Terms & Conditions of Service

Introduction & Scope

Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for the website available at the URL www.gandermarket.co.uk (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

The Site and the provided services are delivered by Gander Market Ltd (hereinafter referred to as “Gander Market”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Gander Market and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

All terms hereon refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our users in the most appropriate manner, whether by formal communication of a fixed duration, or any other means, for the express purpose of meeting of our customer’s needs in respect of provision of Gander Market’s products and services.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Henceforth, by accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.

 

Services Offered

Gander Market is an online store where users can purchase quality products sourced directly from our first rate selected providers. Accordingly, Gander Market agrees to furnish its online marketplace platform services (the “Services”) to: (i) the visitors that browse the Site; (ii) buyers and sellers of goods registered into the Site; and (iii) any other users that have opened an account, all subject to the following Terms.

Please remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. Therefore if you elect to proceed with a transaction that involves the products or services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

 

Purchase Terms

All our sellers will undertake their reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, Gander Market cannot fully guarantee such information. Accordingly, the products and services provided via the Site may or will be discontinued, and their specifications, availability, eligibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of Gander Market.

The receipt of the order is recorded and confirmed by our platform, with the sending of an e-mail to the address indicated by the buyer during registration. Please keep the email until you receive the purchased product(s).

​While products offered on-line via our Site will usually be priced based upon the merchandise prices indicated by sellers, it is possible that you may encounter difference in prices due to promotional events and updated pricing at different times.

​Please be advised that the colour of actual products may or will vary to the one displayed on your monitor. We strive to display the colours of the products shown on the Site as accurately as technically feasible, but nonetheless we cannot guarantee that your monitor will any colour accurately.

​Gander Market does not make any representation or warranty regarding subjective elements of the products offered via the Site (e.g. this beer is not as tasty as the other type I tasted; its colour, texture, smell, flavour).

​Gander Market does not make any representation or warranty regarding the texture or colour of the products sold, nor for the craftsmanship, merit and other subjective characteristics of the products offered via the Site.

​Any and all product guarantees such as weight, amount, alcoholic content and other measurable characteristics of the products sold will be the responsibility of the sellers.

​There may be occasions where a product that is listed by sellers has been incorrectly listed (e.g. typographical error, hand error or system error). In such case, the seller hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed. If the payment processing method of the buyer has already been charged, the seller may cancel the order and issue a refund or credit in the amount of the incorrect price.

Shipping Terms

The products sold through our platform are offered by third party sellers, who will offer delivery and set charges for such services on a case by case basis. For the avoidance of doubt, we do not offer delivery services ourselves.

Some of our items may be available for in-store pickup for certain products. In this case, buyers will be able to select same day pick-up or a future date and time to be indicated by each seller.

​Upon placing an order, payment must be received and processed by Gander Market prior to order processing and shipping. There are no listing or registration fee, payment is collected from the buyer when he/she makes a purchase.

​Once payment clears, the seller may proceed to shipping. It is made note that all items are subject to availability, and the seller must inform buyers if the selected products are out of stock, and in such case to propose substitute items or a full refund of the price paid.

​Before placing a final order for purchased items, buyers will be able to review the amount and type of shipping and handling fees for their order. All dates displayed are estimated, since sellers may use third party couriers to ship their products. All buyers should take into account that Gander Market will not be responsible for any delays, additional expenses, customs fees and any problems caused by a third party logistics providers.

​Shipping fees are determined by numerous factors, such as dimensions, delivery address and type of shipping. Please contact each seller and send them all required information, such as your address, country and zip code for better results.

​In the future, we may implement a calculator for shipping times and cost, through which buyers may decide before each completed order, as well as to keep them updated via parcel tracking technology integrated into the Site. Notwithstanding, all shipping times are cost are the responsibility of the sellers.

​Depending on the buyer’s place of residence, the seller may collect taxes on orders placed. All of our users should be reminded that tax obligations are not optional.

​As a final notice for this section, our sellers may not be able to ship items to certain regions, and therefore they should reject orders with delivery addresses in such regions.

 

Refund Terms

​Once the buyer has successfully made a purchase, the seller is responsible to deliver the product. All purchases have an automatic cool-off period of 7 days, counted from the date where the product was received by the buyer, as indicated by the courier service. After such period, all purchases are automatically accepted and will remain final. After the refund cooling off period, money from the purchase will be transferred to the seller’s account.

​Disputes regarding the delivery of products or services should be made through our platform before the automatic cooling-off period of 7 days. After such period, the buyer will need to contact the seller.

​For the avoidance of doubt, should the seller be unable to deliver the agreed purchase (i.e. if seller runs out of stock, closes down its business or for other reason), Gander Market will not be responsible. We are only a digital platform that allows buyers and sellers to contact and transact among themselves, and buyers ought to undertake their own due diligence prior to any final purchase.

​In the case of a successful refund, the buyer will receive the full price of each order back, less our service fees and any merchant fees. In such case, the seller would not receive any amount at all. Once the refund is approved, Gander Market will transfer the refund within 15 days from the date our systems approve it or when the merchant approves them, whichever occurs later.

​Buyers should include a description of the items in question, including the reason refund, their name, address, account information, payment details, products along with images of the shipping package, the product and any defects or shipping damages. Buyers should keep in mind that they will generally have to pay for the shipping and/or insurance on the shipment back to seller.

Mediation Services

​Any and all final disputes among our users who purchased third party products and the appertaining sellers shall be solved by them. Notwithstanding the foregoing, Gander Market offers mediation services for situations that include, but will not be limited to: (i) customers who are not satisfied with the product purchased, therefore alleging that the characteristics, nature and/or quality of a product is not what such customer may reasonably expect from the seller; and/or (ii) sellers who ascertain that they effectively sold a product with specific characteristics, nature and qualities. The mediation services must be solicited within the seven days cool off period, counted from the date where the product was received by the buyer, as indicated by the courier service. Hereinafter, each mediation instance shall be called a “Dispute”.

​Gander Market will not take part in a Dispute other than as a mediator, and will make use of the means available via the Services in order to achieve an amicable resolution among the users. If the Dispute parties cannot reach resolution between themselves (having used all reasonable attempts to do so), the Dispute may be escalated to Gander Market by either party, and we will undertake our commercial efforts to offer a non-binding recommendation for the settlement of the Dispute.

 

Consumer Protection Terms.​

Under the Consumer Rights Act, all products sold in the United Kingdom must be of satisfactory quality, fit for purpose and as described. Henceforth, all products sold by our sellers in the UK to UK customers must meet the following standards:

Satisfactory Quality. Products shouldn’t be faulty or damaged when buyers receive them. Sellers should ask what a reasonable person would consider satisfactory for the goods in question.

Fit for Purpose. The goods should be fit for the purpose they are supplied for, as well as any specific purpose sellers have made known to the buyer before he/she agreed to buy the goods.

As Described. The goods supplied must match any description given to the buyer, or any models or samples shown to buyer at the time of purchase.

If a seller has been unable to resolve a complaint made by a buyer within eight weeks, such user will be free to address the complaint to the Citizens Advice consumer helpline: 0808 223 1133, textphone: 18001 0808 223 1133, lines open Monday to Friday, 9am to 5pm (closed on bank holidays), website: www.citizensadvice.org.uk/ Each complaint will be investigated by the Delivery Centre Manager under the direction of the chair of the local Citizens Advice Delivery Centre, or by the chair if you are complaining about the Delivery Centre Manager. They will aim to respond in full to your complaint in four weeks.

Gander Market does not provide consultation or counsel regarding such alternative dispute resolution means. For more information, our users can also visit the Customer Dispute Resolution website at www.cdrl.org.uk, and may also contact Customer Dispute Resolution Ltd (Company No. 09189773) 286 Euston Road, London NW1 3DP. The engagement of Customer Dispute Resolution Ltd is not of exclusive nature, and our users are free to choose another dispute resolution provider. Consumer Dispute Resolution Limited (CDRL) is a leading alternative dispute resolution (ADR) provider and is approved under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, by the Civil Aviation Authority, Chartered Trading Standards Institute and Ofcom.

Payment Terms

We use payment platforms provided by globally accepted third-party payment processors. Accordingly, the processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Gander Market is not responsible for any and all errors, fees and currency conversions fees by such payment processors, which include, but are not limited to: Stripe.​

Such third party payment transaction processors have enacted their own terms of use, user agreements and privacy policies, which will govern their provision of services to you in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data. Your purchase transaction data will only be stored only as long as it results necessary to complete your transaction with us. After such order or transaction is complete, your purchase transaction information will be deleted.

All amounts payable are inclusive of value added tax chargeable for the time being (VAT).

Disputes & Charge-backs

Buyers must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

When a chargeback is issued, you are immediately liable to Gander Market for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Gander Market as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.

If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.

 

User Support

You can always contact our team with questions about our Services, and we will strive to answer them and work together in order to resolve any such doubts. You must provide us with full details of your service query so that we can clearly asses your concerns.

​If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible.

Intellectual Property Rights

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Gander Market are the property of –or otherwise are licensed to– Gander Market or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United Kingdom and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in Gander Market or our Services, in whole or in part.

​For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United Kingdom and other applicable jurisdictions.

​You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Gander Market and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Copyright Infringement

For copyright takedown notices and the protection of intellectual property rights within Gander Market, you can get in touch with us as indicated in our contact section. If you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.

You must notify us of your claim with subject: “Takedown Request”. Once received, Gander Market will study and consider your claim and, if it believes or has reason to believe any content on Gander Market that infringes on another’s copyright, Gander Market may delete it, disable or otherwise stop displaying it. Please note that this procedure is exclusively for notifying Gander Market and its affiliates that your copyrighted material has been infringed.

Your copyright notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

Service Licenses

Limited License

Gander Market grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access the Services and our platform. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using our platform, in whole or in part. Gander Market does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to commercially exploit, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded content, in whole or in part.

User Generated Content License

Both buyers and sellers hereby grant Gander Market an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute; any content (e.g. test, data, tables, contact files, audio, video, logos, images, original audio file, text) you may upload, disseminate, deliver, create, transfer or otherwise any content delivered to Gander Market via the Services. You represent and warrant to Gander Market that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Gander Market as set forth herein. You may request us a copy of the user data submitted to us, and we will use our commercial efforts to provide you with a copy, within a reasonable timeframe.

Feedback License

You hereby grant Gander Market an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Gander Market.​

 

Updates & Amendments

Gander Market reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Parental Notice

Gander Market encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Gander Market does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you can only use the Site under the direct supervision of your parent or legal guardian. Users are prohibited from providing Gander Market with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.

Gander Market does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto. For more information, please read our Policy.

Prohibited Activities

As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:

Infringe these Terms, or allow, encourage or facilitate others to do so.

Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.

Republish, sell, rent or sub-license content or materials from the Site without our authorization.

Reproduce, duplicate or copy material from the Site without our authorization.

Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.

Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Gander Market or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.

Use the our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.

Undertake any action that will or may cause an unreasonable load on Gander Market’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Gander Market.

Intercept or monitor activity via our Site or Services, without our express authorization.

Otherwise reverse engineer, decompile or extract the proprietary code of the Site and our Services.

 

No Spam

​We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.

Term, Termination

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) Gander Market begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) Gander Market’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Gander Market to you from time to time; or (v) Gander Market’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.

User Privacy

By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.

Advertising, Opt-out

We may support the Site and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content the Site, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding certain advertisement opt-out.

Newsletters

The Site may allow you to create and/or subscribe to a newsletter service, which may be provided by us or through an authorized third party. Through such newsletter, buyers may receive information according to seller’s preferences.

As a user, you will receive a conspicuous communication indicating subscription therefore and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.

No Endorsement

The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is undertook by external third parties, and does not reflect Gander Market’s opinions, nor do Gander Market, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

You acknowledge and agree that Gander Market shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

 

Disclaimer of Warranty

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Gander Market, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

In no event shall Gander Market, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Gander Market, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

In no event shall Gander Market’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of £150.00 (One Hundred and Fifty British Pounds); and henceforth any award for direct, provable damages shall not exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

Indemnification

You agree and acknowledge to indemnify, hold harmless, and defend Gander Market, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Gander Market’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Gander Market’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Gander Market); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Generals

Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Gander Market’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.​

Force Majeure. Gander Market is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Gander Market’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

Entire Agreement. These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of these Terms, and these Terms supersede any and all prior oral or written communications, proposals, representations, and agreements. The Terms may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this section shall be void.

Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, Gander Market will be irreparably damaged, and therefore you agree that Gander Market shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

No Relationship. You and Gander Market are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

No Waiver. Failure by Gander Market to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

 

Applicable Law, Dispute Resolution

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in the United Kingdom.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Gander Market that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of these Terms. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This arbitration applies to you and Gander Market, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Gander Market should be sent to our address as indicated in our contact section. After the Notice is received, you and Gander Market may attempt to resolve the claim or dispute informally. If you and Gander Market do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The amount of the award shall also be limited by the Limitation of Liability section of these Terms, to the extent applicable.

Arbitration Rules. Arbitration shall be initiated through the London Court of International Arbitration (LCIA) Rules, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If the LCIA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.

​The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand British Pounds (£10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand British Pounds (£10,000.00) or more, the right to a hearing will be determined by the ADR Provider Rules.

​Any hearing will be held in a location within 100 kilometers of Gander Market’s business premises, unless you reside outside of the United Kingdom, and unless the parties agree otherwise. If you reside outside of the United Kingdom, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings, as detailed below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

​Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, reputable video conference based tools and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

​Time Limits. If you or Gander Market elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the ADR Provider Rules for the pertinent claim.

​Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Gander Market, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR

 

Provider Rules, and the Terms

The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Gander Market.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Gander Market shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Gander Market, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Forum. For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the United Kingdom.

​If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

 

Contact

If you have any questions or queries about us, the Site, our Services or these Terms, please contact us at:

hello@gandermarket.co.uk

Date of last effective update is 21 October, 2020.

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