Terms and Conditions
TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please email us at firstname.lastname@example.org.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
2. We are Baby to Three Limited, a company registered in England and Wales under number 11724823 whose registered office is at Flat 1, 56 The Chase, London, SW4 0NH with email address email@example.com; (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer's order for the Services from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation;
9. Services means the services, including any Goods, of the number and description set out in the Order.
10. Individual Appointments means Services involving only one client and their family/caregiver(s)
11. Group Sessions means Services involving two or more clients and/or their families/caregiver(s)
12. Group Course means a block of Group Sessions in a defined period of time pertaining to a particular therapy type, or topic
13. Professional Engagements means any Services beyond the scope of Individual Appointments or Group Sessions
14. Bookings means any agreed, scheduled Service
15. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
16. The Fees for Individual Appointments conducted as a home visit are for home visits within London TfL Zones 1 and 2; for locations beyond this, extra fees may apply.
17. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
18. All Services are subject to availability.
19. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
20. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
21. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
22. You are unable to access Baby to Three Limited’s Individual Appointments, Group Sessions or Group Courses if your child is registered with and/or under the care of a Wandsworth borough GP. At the time of your initial appointment, this will also be checked with you.
Basis of Sale
23. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
24. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
25. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.
26. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
27. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Fees and Payment
28. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
29. Baby to Three Limited’s Fees and charges do not incur VAT.
30. Payment of a 50 percentdeposit for Individual Appointments and Group Sessions must be made at the time of Booking, with the balance due at the time of the Service. Payment for other Professional Engagements must be made within 14 calendar days from invoice, provided on the day of Service. Payments will be accepted either via credit or debit card, or via bank transfer.
31. We will deliver the Services, including any Goods, to the Delivery Location at the agreed time, or within the agreed period or, failing any agreement:
a. in the case of Individual Appointments, Group Sessions and Professional Engagements, rescheduling within a reasonable timeframe and at mutual convenience; and
b. in the case of Group Courses, reoffering the specific course at the next reasonably available time
c. in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into.
32. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate and agreed amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
33. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
34. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
35. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
36. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
37. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
38. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
39. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we reserve the right to invoice the reasonable costs of the time and travel for, or for the booking in full.
40. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
41. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
42. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Rescheduling and cancellation
43. Once a Booking for Services with a deposit has been received, the deposit is non-refundable.
44. In the event that a Booking requires rescheduling by the Customer, two occasions of rescheduling made more than 24 hours before the booked appointment are permissible.
45. Once a third Booking rescheduling attempt is reached the deposit is considered forfeited and the Booking is cancelled, with a new Booking and deposit required.
46. Cancellations of Group Sessions are non-refundable, however one (1) make-up session will be offered if we are informed via email to firstname.lastname@example.org no later than 24 hours before the scheduled Group Session Booking.
47. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
48. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
49. It is not a failure to conform if the failure has its origin in your materials.
50. We will supply the Services with reasonable skill and care.
51. We will provide the following after-sales service: Baby to Three Limited will liaise with other health professionals regarding client care, however any additional documentation or liaison required (i.e. reports, emails or phone calls beyond the scope of the original agreement for the Individual Appointment, Group Session, or Professional Engagement) are chargeable at a pro-rata hourly standard sessional rate.
52. In relation to the Services, anything we say or write to you, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
53. The Contract continues as long as it takes us to perform the Services.
54. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
55. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
56. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
58. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
59. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
60. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
61. For any enquiries or complaints regarding data privacy, you can contact the Director at the following e-mail address: email@example.com.
Successors and our sub-contractors
62. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
63. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel below.
64. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
65. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
67. We try to avoid any dispute, so we deal with complaints as follows: In the event of a dispute with services or their related activities delivered by Baby to Three, contact should be made directly via email to firstname.lastname@example.org to agree upon a resolution. All complaints will be addressed, with liaison towards resolution, within 5 working days.
68. We aim to follow these codes of conduct, copies of which you can obtain as follows:
a. HCPC Standards of Proficiency for Speech and Language Therapists available from https://www.hcpc-uk.org/globalassets/resources/standards/standards-of-proficiency---speech-and-language-therapists.pdf.