IMPORTANT NOTE: By using this website (hereinafter called “The Site”) you agree to the following Terms and Conditions. Should you not agree with these Customer Terms and Conditions, please do not use any part of this site.
The Customer Terms and Conditions, and any documents referred to herein and aspects of The Company’s services may be updated from time to time. Details of such changes will be accessible on The Site. The customer should review these Terms and Conditions periodically.
1. The Company
The Site is operated by GutterSucker Direct (“The Company”).
2. Access to The Site
The Company reserves the right to cancel, withdraw or alter the provisions of this Site without prior notice. The Company accepts no liability should any provisions of The Site become unavailable for any period of time.
Any security information, username or password, used by the customer to gain access to The Site must be treated as private and confidential and must not be disclosed to any third party. The Company reserves the right to remove or disable any such username or password at any time should the customer fail to comply with any of the provisions stated herein.
3. Intellectual property rights
The Company owns or is the licensee to all right, title and intellectual property on and contained within The Site, including all rights under patent, copyright and trade trademark law and any and all other proprietary rights including all applications, renewals, extensions and restorations thereof. It is not permitted to modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of The Site.
It is not permitted to extract or otherwise utilize any of the content on or within The Site for commercial purposes without express written permission from The Company.
The Company respects the intellectual property rights of others and asks that its customers and clients do likewise. Any concerns regarding possible infringements of your intellectual property rights on The Site should be reported to GutterSucker Direct immediately.
4. Description of guttersuckerdirect.co.uk service
IMPORTANT NOTE: The purchase of goods and/or services via The Site results in a legal contract between you and the Seller. This contract comprises the Customer Terms and Conditions, the e-mail confirmation of your order and the relevant details on the product page as provided by the supplier. By making such a transaction you agree to be bound by said provisions.
GutterSucker Direct accepts no responsibility for the quality of goods and/or services you purchase from Sellers through The Site and disclaims this and any other warranties (whether express or implied) absolutely and to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through The Site we may disclose your customer information related to that transaction to the relevant Seller.
Whilst GutterSucker Direct makes every possible effort to ensure that all descriptions, images and origins supplied by Sellers are completely accurate, The Company will not be held responsible for this and does not hold stocks of, or have possession of, any items offered for sale on The Site by Sellers
5. Disclaimer of Warranties and limitation of liability
(a) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) Neither we nor our licensors are liable to you or any user for any use or misuse of The Site. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this Site, from inability to use The Site, or from the interruption, suspension or termination of The Site (including any damages incurred by third parties).
(e) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
6. How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
7. Payment methods
Purchases for goods and/or services you make with Sellers may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time). In accepting or otherwise processing your payments related to the purchase of items from Sellers, we act in the capacity of a commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.
8. Refusal of transaction
GutterSucker Direct may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. The Company will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
9. Delivery arrangements
Your shopping basket on The Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.
If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through The Site (see below for a description of non-cancellable items), please contact the Seller directly using the order enquiry facility on The Site in accordance with our Returns & Refunds Policy. Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy.
You may link to our home page on The Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. GutterSucker Direct expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action we deem appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. The Company reserves the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave The Site. The Company has not reviewed these third party websites and has no control over such sites or resources. The Company, therefore, does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to The Site, you do so entirely at your own risk. The Company accepts no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
12. Uploading material to The Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to The Site will be considered non-confidential and non-proprietary, and The Company has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The Company also has the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. GutterSucker Direct will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users and has the right to remove any material or posting a user makes on The Site.
13. Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. GutterSucker Direct will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
If GutterSucker Direct faisl at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
These Customer Terms and Conditions and any documents expressly referred to in them constitute the entire agreement between you and The Company and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Both agree that neither you nor The Company shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
17. Force majeure
Where The Company or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond The Company’s or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either The Company’s or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
18. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either GutterSucker Direct or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of GutterSucker Direct when acting as commercial agent of any Seller.
19. Law and jurisdiction
Contracts for the purchase of goods or services through The Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
General comments about The Site are welcome; please contact us at www.guttersuckerdirect.co.uk. Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them.