Terms and Conditions
The Good Birth Company Limited - Your Contract for Our Service
We want You to enjoy using Our birth pools and related equipment. As part of that it is important that You are fully aware of what has been agreed. Your order transaction and these Conditions form Our agreement with You. The order transaction sets out the details of what it is that We are going to be providing to You and the costs of this. These Conditions set out the detail of issues such as payment arrangements, amendments, what happens if You need to cancel and so on.
This Contract contains a right to cancel (see Section 5) and limits our liability (see Section 8).
Please read these Conditions carefully. We have tried to make them easy to understand, but We do understand that You may feel uncertain about reading a legal document. We assure You that Our staff are here to help, and will be more than happy to assist You with any query You may have.
1.Definitions and Interpretation
To make these Conditions easy to understand The Good Birth Company Limited has explained some of the words. If a word begins with a capital letter then this means the word is defined in this Section. Therefore, in these Conditions the following words have the following meanings:
"Conditions" means these conditions;
"Contract" means the contract between You and Us for the provision the Service, consisting of these Conditions and your order transaction.
"Section" means a numbered section of these Conditions;
"Service" means the provision of a birth pool or such other related items as set out in your order transaction;
" "We", "Us", "Our"" means the Good Birth Company Limited whose registered number at Companies House is 05062047 and whose correspondence address is Moseley Exchange, 149-153 Alcester Road, Birmingham, B13 8JP (Telephone Number: +44 800 035 0514) (Fax Number: +44 121 314 3393)
"You, Your" means the person(s), who purchases the Service from Us.
2. Forming the Contract
2.1 When You place an order and your payment has been cleared into our bank account, you are accepting the Conditions and we are committed to providing you with the Service on a timely basis.
2.2 Any quotation or estimate made by Us is given subject to these Conditions. Quotations will be valid for 14 days from the date on the quotation, although this will not affect Our right not to accept any order under Section 2.2.
3.1 You need to tell Us if details on our website are incorrect as soon as You notice, otherwise We cannot do anything about it and will not be liable to You for such inaccuracies until You tell Us about them.
3.2 Our employees and agents are not authorised to make any representations concerning the Service which are not made in any visual or written sales literature issued by Us. If You are told something which is not contained in writing in these Conditions or our website, or You think there is a mistake in Your Conditions , then please contact Us at www.thegoodbirth.co.uk/contact or leave a message at 0121 314 3387 for confirmation to ensure that it is correct.
4. Contract Price and Payment Terms
4.1 The prices for the Service and any applicable delivery charges and payment terms shall be set out on this website (or as subsequently amended in accordance with these Conditions);
4.2 Nothing in these Conditions will operate to create any form of credit agreement between You and Us.
4.3 No payment shall have been received by us (for the purposes of this Contract) until We have received cleared funds or any payment by cheque has cleared.
5. Cancellation Rights
5.1 In the unfortunate event that You wish to cancel the Service or any part of it then please tell Us as soon as possible.
5.2 We want you to be satisfied with our products and service--so satisfied that you tell your friends about us! Therefore, if you were not able to use your products or are unhappy with them for any reason, you may return it to us for a full refund within 90 days of purchasing it. We ask that it be in its original packaging, has not been inflated or used and is fit for re-sale. If you are dissatisfied with the kit portion only of Birth-Pool-in-a-Box, again, you may return that portion only and we'll refund you for the kit only. Please enclose your receipt, a note with your name and address for a refund. We are unable to refund any portion of the postage and packaging costs. If your pool or kit arrive to you damaged in any way, we will be happy to provide a replacement for you at no charge.
6. Health & Safety
6.1 You must, upon receipt of the birth pool and any other related items, read carefully any safety warnings and follow clearly any guidelines on how to use these products. If You are in any doubt about the use of the birth pool and any other related items, the meanings of any warnings, or whether your intended use of Our birth pool or any other related items are safe, We urge You to contact Us for clarification prior to use. We will not be held responsible for any negligent use or misuse of the birth pool and any related items. Nothing in the Conditions should be thought to supersede, or to alter, or take precedence over manufacturers' instructions.
7. Obligations on You
7.1 You must:
* ensure that all births are attended by experienced birth professionals;
* take full responsibility for the manner in and purpose for which Our birth pool is used;
* only use the birth pool indoors;
* comply with Our reasonable instructions and respond promptly when requested to do so by Us, in relation to the Service;
* co-operate with Our reasonable instructions (including, without limitation providing the details to Us) to assist Us in resolving problems relating to the Service; and
* promptly notify Us of any change of address and of any delay in delivery.
8. Exclusion and Limitation of Responsibility
8.1 We shall be responsible for the death or personal injury arising from Our negligence, or if We have deliberately lied to You about anything before You entered into this Contract, which then caused You to enter into the Contract. Nothing in these Conditions shall exclude that liability.
8.2 Nothing in this Contract shall affect Your statutory rights. If you wish to obtain further information about Your rights, You should speak to Your local Citizens Advice Bureau or Trading Standards Office. If you have any questions about the suitability of a birthing pool, antenatal advice or otherwise please speak to your doctor or midwife.
YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTIONS 8.3, 8.4 AND 8.5.
8.3 Except as set out in clauses 8.1 and 8.2 We shall not be liable for any losses which were not reasonably foreseeable at the time of entering into the Contract incurred as a result of Our failure to comply with this Contract or Our negligence.
8.4 We shall be under no liability for:
(a)any failure to provide the Service in accordance with the Contract as a result of any of Your acts or omissions including (without limitation) Your failure to comply with Your obligations in Section 7; or
(b)any failure to provide the Service in accordance with the Contract unless You notify Us in writing of such a claim (with detailed particulars of the circumstance giving rise thereto) within 3 months of such failure coming to Your notice; or
(c)any failure to provide the Service in accordance with the Contract as a result of Our compliance with any instruction or direction given by You if We have informed You before We comply with Your instruction that, in Our opinion, that instruction or direction will inhibit performance of the Service; or
(d)any loss You suffer as a direct result of Your failure to comply with clear instructions or health and safety that was given to you at the time that the Service was provided.
8.5 Except as set out in clauses 8.1 and 8.2 above, our responsibility to You if We do not comply with this Contract or are negligent shall be twice the value of your order transacton.
8.6 The price of the Service has been calculated on the basis that We will exclude or limit its liability as set out in the Contract.
9. Your information
We will record the personal details You have given Us and retain data relating to the use of the Service by You. Your data will be used principally to provide You with the Service but will also be used for the following purposes: accounting, billing and audit, credit or other payment card verification, credit checks (both by Us and those carried out by credit checking organisations) security, administrative and legal purposes, systems testing, maintenance and development and customer relations.
10. Who has rights under this Contract
10.1 The Contract between You and Us is personal to You. You may not transfer the Contract to anyone else. No one other than You or Us will gain any rights under the Contract.
10.2 We may transfer the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
11. Interruptions to Service beyond Our control
In certain cases We may not be able to provide the Service, or carry out some of Our other duties under the Contract, because of something that is beyond Our reasonable control. This could include war, an act of terrorism, widespread goods, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not Our fault. If this happens then We will not be responsible for so long as the effects of the event continue for any failure to provide the Service or any part of it. We will continue to try to provide such Service as is possible despite any such events and to have the Service fully available again quickly.
If You need to contact Us (for example to cancel the Contract or change Your address) then please complete a case form at www.thegoodbirth.co.uk/contact. We will contact using the details you provide.
13.1 If You or Us do not immediately enforce part of this Contract, or enforce one breach of it, this will not prevent either You or Us from enforcing the particular breach or a later breach.
13.2 If at any time any one or more of the Sections of this Contract becomes void or unenforceable for any reason under any applicable law, then that Section shall be removed from the Contract for so long as it remains void or unenforceable, but the remaining Sections of the Contract shall not in any way be affected or impaired as a result of that removal.
14. Disputes and complaints
14.1 Our objective is to ensure You are delighted with the Service which we provide. Unfortunately, problems and misunderstandings do sometimes arise. If You are unhappy at any time with any aspect of the Service please raise Your concerns with a member of Our staff as soon as possible. If the problem is not resolved to Your satisfaction then please ask to be contacted by a supervisor who will arrange for one of Our senior staff members to investigate and discuss this with You.
14.2 Any dispute or claim that either You or Us may bring in relation to or in connection with these Conditions will be decided on the basis of English law by the English courts alone (unless You object and ask for a different jurisdiction or law to apply).