In these terms and conditions (updated 7 July 2010):
“Blue Canyon””, “we”, “our “and “us” means Blue Canyon Limited (Company Number 280177), whose registered office is at 5-9 St. Patrick Square, Edinburgh, EH8 9EZ, UK.
“Use” and “you” means any user of the website including any user who makes a purchase through the website (a “Buyer”).
References to the term “:dispatched”: means the point at which an item or goods leave our warehouse and is handed to the courier.
References to the term “dispatch date(s)” means the date when the order is handed by our warehouse to our courier.
1. While we endeavor to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
2. The material on this website is provided as is without any conditions, warranties or other terms of any kind. Accordingly to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including , without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
1. We, and any other party (whether or not involved in the creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them , exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption without limitation negligence) contract or otherwise ) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer equipment, software, data or other property on account of your access to, the use of, or browsing this website or your downloading of any material from this website or any other websites linked to this website.
2. Nothing in these terms and conditions shall exclude or limit our liability for
(i) death or personal injury caused by negligence (as such term is defined by the unfair contract terms Act 1977);
(iii) misrepresentation as to fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
3. If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
4. You agree to the indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or use by any other person using your registration details.
GOVERNING LAW AND JURISDICTION
1.These terms and conditions shall be governed by and construed in accordance with English law , Disputes arising in connection with these terms and conditions shall be a subject to the exclusive jurisdiction of the English courts.
2. We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom , you do so at your own risk and you are responsible for the compliance with local laws.
1. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
2. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
3. Only the parties to these terms and conditions may seek to enforce them under the contracts (rights of third parties).