Terms & Conditions

These terms and conditions apply to the use of this website at www.outofthebluegifts.com. Please read through them carefully before placing your order.

Using this website indicates that you accept these terms regardless of whether or not you choose to order from us. These terms and conditions govern your access to, and use of the website. If you do not accept, or wish to be bound by these terms, please do not use this website. Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail at admin@outofthebluegifts.com or call us on 0131 446 9900.

Your use of the Site is subject to these Terms of Use.

USAGE RESTRICTIONS.

Unless otherwise noted, all design and content featured on the Site - including navigational buttons and images, artwork, graphics, photography, text, and the like - are subject to copyrights, trademarks, trade dress and/or other intellectual property rights that are owned, controlled or licensed by or to Out Of The Blue. All such rights are reserved.

The content the Site, and the Site as a whole, is intended solely for the personal, non-commercial use by users of our Site. Any use of our Site and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of Out Of The Blue.

You may download, print or store any of the page contents displayed on the Site, provided that you (1) only use these materials for your personal, non-commercial use, (2) do not post the content on any website/media network or broadcast the content in any media; or (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site.

1. INTRODUCTION
1.1 This website is operated by Out Of The Blue, whose registered address is, 213 Morningside Road, Edinburgh, EH10 4QT. VAT registration number 369279694.
1.2 Most areas of the Website can be accessed without registration. Certain areas of this Website however, are only accessible if you register.
1.3 These terms and conditions are binding and may be updated from time to time.

2 ORDERING
2.1 You are deemed to have placed an order once having completed the online checkout process. As part of the checkout process you will be given the opportunity to check your order and to correct any errors, an order acknowledgement will then be sent to you, detailing the products you have ordered.
2.2 Acceptance of an order occurs once the order has been dispatched and a dispatch confirmation has been sent by email. The purchase contract is made once the order has been dispatched.
2.3 The contract is not finalised if you receive notification that the order has not been accepted or if the order has been cancelled.
2.4 An order may be refused where:
2.4.1 Goods are unavailable;
2.4.2 Authorisation cannot be obtained for your payment;
2.4.3 There has been a pricing or product description error; or
2.4.4 Any of the eligibility criteria as set out in the terms and conditions has not been met.
 
3. PRICING
3.1 All prices include VAT (where applicable) at the current rates.
3.2 Where Out Of The Blue charge separately for packaging, postage and other relevant charges, the appropriate rates will be shown on the checkout page before completing your order.

4. CANCELLATION POLICY
You may cancel the order prior to dispatch by calling 0131 446 9900. Once dispatched, you may return the goods in accordance with our policy as laid out in the Delivery and Returns section of our website.

5. DELIVERY AND RETURNS
Full policy details can be found in the Delivery and Returns section of our website.

6. LINKS TO AND FROM OTHER WEBSITES
6.1 If links to third party websites are used then you automatically leave this Website. We are not responsible for third party websites, their content or availability. We therefore do not endorse or make any representations about them, 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 this Website, you do so entirely at your own risk.

7. DISCLAIMER
7.1 While we endeavour 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 reserve the right to 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.
7.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. 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.

8. LIABILITY
8.1 Out Of The Blue exclude all liability and responsibility for any 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 damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), 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 infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence.
8.3 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.
8.4 You agree to indemnify Out Of The Blue fully 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 the use by any other person using your registration details.

9. GOVERNING LAW AND JURISDICTION
9.1 These terms and conditions shall be governed by and construed in accordance with Scottish Law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish courts.
9.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

PRIVACY POLICY
Out Of The Blue is committed to preserving the privacy of all visitors to our website at www.outofthebluegifts.com. By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.

INFORMATION THAT WE COLLECT FROM YOU
When you visit, register or order products or services on www.outofthebluegifts.com you may be asked to provide certain information about yourself including your name and contact details which may be stored. We don’t take your Credit or debit card information; this is taken by Protx, a service which provides secure online credit card and debit card payment solutions for thousands of online and mail order businesses across the UK.

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at info@outofthebluegifts.com.

The only information we may collect is any orders placed and contact details given. We do not hold any payment details.

USE OF YOUR INFORMATION
Your information will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

In particular, we may use your information to contact you to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.

DISCLOSURE OF YOUR INFORMATION
The information you provide to us may be accessed by or given to third parties who act for us for the following purposes approved by you: a. Fulfil and deliver orders. b. Process credit card payments. c. We may also pass aggregate information on the usage of our website to maintain and manage our website, but this will not include information that can be used to identify you.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

COOKIES
Cookies are small amounts of information which we may store on your computer.
Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies by following the relevant instructions which can be found at www.aboutcookies.org. In that case, you may not be able to use certain features on our site.

SECURITY AND DATA RETENTION
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.