Terms and Conditions of Supply of www.designedto.co.uk

 

1.            INTRODUCTION
 

www.designedto.co.uk (“site”) is owned and operated by Jenni Norfolk with the business address at 83a Old Turnpike, Fareham, PO16 7HF

Please read these terms and conditions carefully before placing an order. By purchasing services and/or products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase services or products from this site.
 

2.            CHANGES TO TERMS
 

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this site and purchase of services or products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to any existing provision of services, we will notify you of the changes.

 

3.            PRIVACY POLICY AND ACCEPTABLE USE POLICY

 

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy

 

4.            AGE RESTRICTION
 

You shall not purchase any services or products from our site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
 

5.            ACCEPTANCE OF ORDER
 

5.1       These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.

5.2       If there is any conflict between these Terms and any term of the order, the order will take priority.

 

6.            ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

 

7.            REPRESENTATIONS

 

7.1       You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2       You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

7.3       Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

 

8.            PROVISION OF SERVICES & REFUNDS

 

8.1       We will supply the services to you from [the date set out in the order OR the date agreed between us in writing] until the agreed completion date [set out in the order or agreed between us in writing].

8.2       We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control. See clause 15 below for our responsibilities when an Event Outside Our Control happens.

8.3       We will need certain information from you that is necessary for us to provide the services, for example, but not limited to - a complete booking form questionnaire. We will contact you in writing about this should further information be required. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.

8.4       We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.

8.5       If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

8.6       If we design a product for you or supply a product to you as part of the services (such as a custom class, online content, downloadable audio tracks  or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any proposal we make in connection with the product for you.

8.7       Digital Products - In relation to digital content not on a tangible medium, you may cancel the contract at any time up to 14 days after the day on which the contract is entered into, however - you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set, and you acknowledge that you will lose your cancellation rights once you have logged-in and accessed the Digital Product.

8.8       Live Classes, Sessions, Events or Workshops - There is no entitlement to refund or transfer of payments for services in the event:

1. that you are unable to attend part of or the entire event or course booked.

2. that any live (online or in-person) event is cancelled due to any ‘Circumstances beyond our control’/Force Majore

8.9       Live Classes, Events or Workshops - Where the following events occur, refund or transfer of payments for services may be agreed on an individual basis:

1. In the unfortunate event you should suffer a miscarriage or loss, the customer will be entitled to a refund on request.

2. In the event a live in person or online event is cancelled for any reason (other than in the case of a ‘Circumstances beyond our control’) the customer will be entitled to a refund on request.

3. If your pregnancy health care provider requests you cease attending classes due to medical reasons, you will be credited with sessions for use postnatally (within 6 months of baby being born). If there are no suitable Postnatal Services a refund for the missed classes may be requested upon receipt of a doctors or midwives note.

4. If your doctor or health visitor provider requests your baby or toddler cease attending classes due to medical reasons, on production of a medical certificate you will be refunded the remaining classes of the term.

8.10     Individual custom contracts of service, including but not limited to 1:1 education, teaching  and support - you are entitled to a 14-day cooling off period (this begins the day after the order placement date),  with the entitlement to a full refund minus any reasonable costs for work conducted/services offered within the 14 day cooling-off period, where it has been agreed that services begin within that 14-day cooling off period.

 

 

9.            IF THERE IS A PROBLEM WITH THE SERVICES

 

9.1       In the unlikely event that there is any defect with the services:

a)         please contact us and tell us as soon as reasonably possible;

b)         please give us a reasonable opportunity to repair or fix any defect; and

c)         we will use every effort to repair or fix the defect within 7 days.

9.2       As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

9.3       Before we begin to provide the services, you have the following rights to cancel our services:

a)         you may cancel any order for Services as per clauses 8.7, 8.8, 8.9, 8.10 by emailing designed_to_@outlook.com or calling 07834417920. We will confirm your cancellation and any associated refunds where relevant in writing to you;

b)         however, if you cancel an order for services and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

9.4       If the Contract is of an indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:

a)         we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;

b)         we go into liquidation or a receiver or an administrator is appointed over our assets;

c)         we change these Terms under to your material disadvantage;

d)         we are affected by an Event Outside Our Control.

 

 

10.         YOUR HEALTH

 

10.1     We are not medical professionals and cannot advise on whether you should join the classes or not. If you have any concerns at all about your health and undertaking the classes, you should consult your doctor or other medical professional. You should notify us at the outset of any medical conditions that you have or any concerns that you have about participating in the classes. If we have concerns about your health and/or ability to participate in the classes, we may require you to leave the class. You agree that you are voluntarily participating in the classes with the risk that there may be personal injury or illness arising from such participation.

10.2     It is vital that you inform us of any medical conditions that you or your child  may have which might affect their time in class. All information is treated sensitively and in confidence. Such conditions may be (for Mother) pre-existing medical conditions or conditions which arise during pregnancy which include, but are not limited to: high blood pressure, low blood pressure, bleeding, spotting, history of miscarriage, placenta praevia, back or hip issues. Such conditions (for Baby) may be pre-existing medical conditions which include, but are not limited to: Hip Dysplasia, Hearing/Eyesight issues, Down Syndrome/Spina Bifida, Reflux, Colic, Torticollis.

10.3     It is your responsibility to keep us up to date with any conditions you may have and advise us of any new conditions or complications. If you, your baby or child  is unwell or if you are unsure whether to attend a class or not you must inform us BEFORE you come to class so that we can  assess any risks to the other mums and babies in class (in the case of in-person classes) and advise if you should attend or not. You may be asked to consult a GP before coming to class.

10.4     Never bring your baby or child  to an in-person class with an infectious disease such as conjunctivitis or chicken pox. In the instance of sickness and diarrhoea your child must be clear from all symptoms for at least 48 hours.

 

11.         HEALTH & SAFETY

 

11.1     Whilst you are waiting for your in-person class please keep noise to a minimum so that all lessons can take place in a calm atmosphere. Do not enter the studio whilst the current class is in progress; please wait to be invited in by your teacher.

11.2     Please be respectful of other mums in your in-person class by ensuring that any personal belongings are neatly stored at the side of the room so that they are not a trip hazard and please make sure your mobile phone is on silent.

11.3     Please ensure you notify us if your contact number or emergency contact number changes. We can only notify you in the event of a cancelled class, if they have up-to-date contact information for you.

11.4     All property taken to class is left at your own risk. No responsibility is accepted for the loss or damage of any personal possessions before, during or after class.

11.5     To respect the ‘open and honest’ nature of classes no observers, family members, partners or friends are permitted into classes without prior agreement.

11.6     We have a no photography policy in any class to protect the privacy of the parents and babies unless you gain permission from your class teacher and have written consent from all of the parents (and on behalf of all babies) photographed in class. Such images are not to be shared via any public platform such as Facebook or other Internet sites unless you have written permission from your teacher and the parents which feature in the picture.

11.7     We forbid the right to film, reproduce or share any part of our lessons in any form (i.e. you- tube, internet sites, DVDs, photography etc.) and anyone suspected of filming, observing or photographing the lessons for this purpose will be asked to leave the course.

11.8     You agree to comply with the rules and policies of all class venues, especially in relation to Health and Safety and fire regulations. You agree to reimburse us for any loss that we suffer as a result of your actions or inactions at a third party venue.

11.9     In the case of online group sessions delivered via Zoom, Google Meet or other similar online video conferencing platforms, it is your responsibility to ensure that you are within a private setting, free from all other distractions, non-class participant persons or interruptions. 11.10           We reserve the right to remove participants from in-person or online classes if the focus, safety, confidentiality and privacy of other participants is in doubt.

 

 

12.         OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

 

12.1     We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:

a)         we will promptly contact you to let you know;

b)         if you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you;

c)         where we have already started work on your order for services, we will not charge you anything and you will not have to make any payment to us.

12.2     Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

12.3     We may cancel the contract for services at any time with immediate effect by giving you written notice if:

a)         you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b)         you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing.

 

13.         PRICE AND PAYMENT

 

13.1     Prices of the services and products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

13.2     Our prices are inclusive of VAT.

13.3     Despite our best efforts, there may be incorrect prices on some of the services or products. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

13.4     Payment for services is to be made in advance by credit or debit card [or Paypal where offered] except where agreed otherwise in writing between us.

13.5     If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Starling Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.

 

14.         LIMITATION OF LIABILITY

 

14.1     We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

14.2     Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

14.3     Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a)        fraud or fraudulent misrepresentation;

(b)        death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(c)        defective products under the Consumer Protection Act 1987;

(d)        breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)        breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).

 

15.         CIRCUMSTANCES BEYOND OUR CONTROL

 

15.1     If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

15.2     Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

15.3     If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

15.4     you will be notified as soon as reasonably possible; and

15.5     the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.

 

 

16.         NOTICE

 

16.1     Any notice to us should be in writing and sent to us by e-mail at designed_to_@outlook.com

16.2     Any notice to you will be in writing by e-mail to the address you provided us with on the Order.

 

17.         MISCELLANEOUS

 

19.1     We may assign our rights and obligations under these Terms to any other person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

19.2     You cannot transfer your rights and obligations under these Terms to any other person without our written approval.

19.3     This contract is only between you and us. No other third person shall have any rights to enforce any terms.

19.4     Each paragraph of these Terms are separate and distinct from each other. If any court or relevant authority determines any paragraph of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

19.5     Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

19.6     English law governs these Terms and contracts between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.  However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

 

20.         CONTACT US

 

20.1     For any questions or queries you can contact us at 07834417920 or email us at designed_to_@outlook.com