Services Terms & Conditions

BACKGROUND:

Please read these Service Terms and conditions carefully before placing an order with Us. These Service Terms and conditions, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Services are sold by Us to consumers through this website, doitlikeamother.co.uk (“Our Site”).

These Service Terms and conditions explain who We are, how Our Services will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

You will be required to read and accept our Terms of Use which includes these Service Terms and conditions when ordering Services. If you do not agree to comply with and be bound by our Terms of Use and these Service Terms and conditions, you will not be able to order Services through Our site. These Service Terms and conditions, as well as all Contracts, are in the English language only.

The following documents may also apply to your use of Our Site:
• Our Terms of Use, available at https://doitlikeamother.co.uk/terms-conditions/, apply to your use of Our Site. These terms are also referred to below in Part 4.
• Our Privacy Policy, available at https://doitlikeamother.co.uk/privacy-policy/. This is also referred to below in Part 14.

1. Definitions and Interpretation
   1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

   1.2 Each reference in these Terms and Conditions to “writing” and any           similar expression includes electronic communications whether sent by         e- mail, text message, fax or other means.

2. Information About Us
   2.1 Do It Like A Mother Ltd, is a Limited Company registered in England under number 12357559 whose main trading address is 861 London Road, Westcliff on Sea, Essex, SS0 9SZ

3. The Contract
   3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
   3.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
   3.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation.
   3.4 We shall ensure that the following information is made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
   3.4.1 The main characteristics of the Services;
   3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 12);
   3.4.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
   3.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
   3.4.5 The duration of the Contract, where applicable;

4. Access to Our Site and Use of Our Site

4.1 Access to Our Site is free of charge.

4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3 Use of Our Site is subject to Our Website Terms of Use, available at https://doitlikeamother.co.uk/terms-conditions/. Please ensure that you have read them carefully, that you understand them, and that you agree to them.

5. Orders
   5.1 All Orders for Services made by you will be subject to these Terms and Conditions.
   5.2 You may request to change or move your Order up to 48 hours before We begin providing the Services by contacting Us.
   5.3 If it is possible to change your Order We will inform you of any change to the Price in writing.
   5.4 If you wish to cancel your Order you must inform us as soon as possible and at least 7 days before the Service is provided unless the services have already been provided. If you have already made any payments to Us under Clause 6 (including, but not limited to the Deposit), subject to sub-Clause 6.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.  If you request that your Order be cancelled, you must confirm this in writing.  If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 11.
   5.5 We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible.  If you have made any payments to Us under Clause 6 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation.  Cancellations will be confirmed in writing.

6. Price and Payment
   6.1 The Price of the Services will be that shown on Our Site in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
   6.2 If We provide a Special Price which is different to the Price shown in Our Site, the Special Price will be valid for the date shown or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
   6.3 Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
   6.4 We accept the following methods of payment:
   Card payments through Stripe and Paypal
   6.5 Credit and/or debit cards will be charged at the point of the Order being placed.
   6.6 Where an invoice is issued, if you do not make payment to Us by the due date as shown on the invoice, We may charge you interest on the overdue sum at the rate of 8% per annum above the base lending rate of The Bank Of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
   6.7 The provisions of sub-Clause 6.6 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

7. Providing the Services
   7.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the parenting and pregnancy industry, and in accordance with any information provided by Us about the Services and about Us.
   7.2 We will provide the Services on the date(s) confirmed in Our Order Confirmation.
   7.3 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 10 for events outside of Our control.
   7.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
   7.5 If the information or action required of you under sub-Clause 7.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
   7.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 7.5, We may postpone the Services (and will inform you of that postponement in writing).
   7.7 In certain circumstances, for example where We encounter a technical problem, We may need to postpone the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before postponing the Services.
   7.8 If you do not pay Us for the Services as required by Clause 6, We may postpone the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing.  This does not affect Our right to charge you interest under sub-Clause 6.7.

8. Problems with the Services
   8.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.
   8.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.

9. Our Liability
   9.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
   9.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale).  By making your Order, you agree that you will not use the Services for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
   9.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation except where a declaration or policy has been agreed to at the time of purchase.
   9.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
   9.5 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

10. Events Outside of Our Control (Force Majeure)
    10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    10.2 If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      10.2.1 We will inform you as soon as is reasonably possible;
      10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
      10.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 11.2.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;

11. Cancellation
    11.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 5.4.
    11.2 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 6.  If you cancel because of Our breach under sub-Clause 11.2.1, you will not be required to make any payments to Us.  You will not be required to give notice in these circumstances:
      11.2.1 We have breached the Contract in any material way and have failed to remedy that breach within 30 days of you asking Us to do so in writing; or
      11.2.2We enter into liquidation or have an administrator or receiver appointed over Our assets; or
      11.2.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 10.2.4); or
      11.2.4 We change these Terms and Conditions to your material disadvantage.
    11.3 We may cancel your Order for the Services before the Services begin under sub-Clause 5.5.
    11.4 Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 7 days written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 6.
    11.5 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.  If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 6.  We will not be required to give notice in these circumstances:
      11.5.1 You fail to make a payment on time as required under Clause 6 (this does not affect our right to charge interest on overdue sums under sub-6); or
      11.5.2 You have breached the Contract in any material way and have failed to remedy that breach within 30 days of Us asking you to do so in writing; or
      11.5.3 We are unable to provide the Services due to an event outside of Our control.
    11.6 For the purposes of this Clause 11 (and in particular, sub-Clauses 11.2.1 and 11.5.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 11.2.1 and Us under sub-Clause 11.5.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

12. Communication and Contact Details
    12.1 If you wish to contact Us, you may do so by email at hello@doitlikeamother.co.uk
    12.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
      12.2.1 Contact Us by email at hello@doitlikeamother.co.uk; or
      12.2.2 Contact Us by post at Do It Like A Mother Ltd, 861 London Road, Westcliff on Sea, Essex, SS0 9SZ.

13. Complaints and Feedback
    13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    13.2 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
      13.2.1 In writing, addressed to Charli Davies, Do It Like A Mother Ltd, 861 London Road, Westcliff on Sea, Essex, SS0 9SZ.
      13.2.2 By email, addressed to Charli Davies, hello@doitlikeamother.co.uk

14. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy, available from https://doitlikeamother.co.uk/privacy-policy/.

15. Other Important Terms
    15.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    15.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

16. Governing Law and Jurisdiction
    16.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
    16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    16.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.