Terms and Conditions
Please read these Conditions carefully as they apply to the supply of Services by us to you.
If you are uncertain as to your rights under these Conditions or you want an explanation about them, please contact us using our contact details above. If you do not agree with these Conditions, you cannot proceed to purchase the Services.
You must be over 18 years of age and resident in the United Kingdom to proceed with an order.
The Key Details Form and these Conditions together form the agreement between us and you. If there is any conflict or inconsistency between the Key Details Form and these Conditions, the terms contained in the Key Details Form shall take precedence.
Any special requirements you have or any variations to these Conditions that you require must be agreed by us in advance of the agreement being formed and detailed in the “Any Special Terms” box on the Key Details Form.
You are not permitted to transfer your rights and obligations under these Conditions without our written authority. This authority will not be refused without good reason.
Online Booking Process
If you are purchasing the Services online then you must fill out the Booking Form and read and agree to these Conditions prior to placing an order. We will treat each order for the Services as an offer by you to purchase the Services in accordance with these Conditions.
You will pay the Price online. We accept payment by PayPal, and bank transfers.
Subject to “Bullet3 in Cancellation of a Service”, once we have received your payment in cleared funds, we will send you an email without undue delay to confirm we accept your order. The agreement between us becomes binding when we send this confirmation email.
This confirmation email will attach the Key Details Form and these Conditions, so that you have a copy for your reference.
Telephone and Face to Face Booking Process
If you are purchasing the Services face to face or over the telephone then we will provide you with a Booking Form attaching these Conditions.
Upon receipt of the Booking Form, Unique Births will send out a Key Details Form.
To place an order for the Services you must sign and return the Key Details Form and pay the Price. We accept payment by PayPal and bank transfer. If you are purchasing face to face, we also accept payment in cash.
We will treat each order for the Services as an offer by you to purchase the Services in accordance with these Conditions.
Subject to condition 27, once we have received your payment in cleared funds, we will send you confirmation without undue delay (either by email or post, depending on your preference) that we accept your order. The agreement between us becomes binding when we send this confirmation.
This confirmation will attach the Key Details Form and these Conditions, so that you have a copy for your reference.
Price and Payment
Payment of the Price is required in full when you place your order.
At our discretion we may agree to split payments but all payments must have been made within 24 hours of the date of the start of the services (first session date).
If we need to vary the Price to take account of any errors or omissions in the prices displayed on our website or in any confirmatory correspondence, we shall notify you and allow you an opportunity to cancel your order without any cost to you. If we have already started the Services, we will allow you to discontinue them and pay us only for work already carried out.
All Services will be performed at your premises, a public place, a private venue or at medical facilities as agreed with you.
We will provide the Services with reasonable care and skill.
We are committed to meeting the highest quality standards in the delivery of the Services. We take any problems that do arise very seriously indeed. In the event that you have any cause for complaint with regard to the Services please contact us using the contact details set out above.
Some of the Services require you to practice positions and massage. Please check with your health professional to confirm that you can participate in physical skills practice before booking.
Photography and or video recordings may be taken during your session, and used for marketing purposes. If you do not wish to be featured then your refusal must be provided in writing within 7 days of the session ending.
Cancellation of a Service
If you can no longer make a Service you have booked, and you give us at least three weeks’ notice any payment you have made to us is fully refundable.
If you can no longer make a Service you have booked, and you give us less than three week’s notice, we will try to reschedule your Service. However, you will not be entitled to reschedule that Service and you will not be entitled to any refund if we cannot reschedule your Service. The position set out in the previous sentence will apply unless we can book another client into the Service you cannot make, in which case you will be permitted to reschedule the Service or be entitled to a refund.
All group Services require a minimum of participants to run. If for any reason these numbers are not reached, we will give you a minimum of one week’s notice and offer you either an al ternative Service of a full refund of any payment made to us.
In the unlikely event we need to cancel any Service that you have booked with us, we will give you a minimum of one week’s notice. We will offer you either an alternative Service of a full refund of any payment made to us.
Cancellation of the Agreement
We reserve the right to decline any orders placed, prior to us accepting the orders, for any reason.
If we decline an order, we will notify you in writing and refund in full all monies paid. If we cancel the agreement at any time after the Services have commenced, we will notify you in writing and refund the portion of the Price which relates to any Services paid for but not performed.
You have a right to cancel our agreement without penalty and without giving any reason. This right can be exercised by sending us at our postal or email address set out above a notice of cancellation within seven working days beginning on the day after our agreement with you is made, which is when we send confirmation of your order.
Where we are unable to perform the Services within 30 days of the date you requested we shall inform you and repay any sum paid by you as soon as possible and in any event within 30 days of us informing you that we cannot perform the Services.
If you exercise your right of cancellation, this will also cancel any related credit agreement.
Limits of Liability
The Services constitute emotional and practical information, support and advice only. In no circumstances will medical care, advice or assistance be given or offered.
Any medical issues arising must be referred to a medical professional. Subject to conditions in the "Cancellation of the Agreement" Section, we will not accept any liability for any medical issues experienced by you or your baby.
Nothing in these Conditions seeks to limit or exclude our liability if something we do causes death or personal injury through our negligence or if we cause damage to your property and that cause is our fault. We are also not seeking to exclude or limit our responsibility for loss caused by our Services being negligent.
Other than the liability we have accepted in the "Cancellation of the Agreement" Section, we will not be liable for any losses that you suffer as a result of any breach of the contract between us except those losses which are reasonably foreseeable by both of us at the time we enter into a contract with you. In addition, since the Services are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours that you may incur as a result of any breach of our agreement.
As a consumer you have certain statutory rights regarding statements made in public by us, the performance of the Services, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations. In certain circumstances you may cancel your contract with us. Nothing in these Conditions affects those statutory rights.
You also have certain statutory rights under the Electronic Commerce (EC Directive) Regulations 2002 because we are advertising and selling services online. If we do not comply with these Regulations you have certain remedies. These Conditions do not affect your remedies under those Regulations.
39. These Conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations. If you would like a copy of these Regulations, they can be obtained from the Department of Business, Enterprise and Regulatory Reform.
The Service Provider reserves all copyright and any other rights (including Intellectual Property) which may subsist in the products of, or in connection with, the provision of the Services or facilities. The Service Provider reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
Law and Jurisdiction
These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.