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, just phone us on 07957838261.
- These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
- Tracy Sealey trading as BirthSense of 7 River Close, Little Paxton, Cambridgeshire, PE19 6NX with email address [email protected]; telephone number (07957838261); (the Supplier or us or we).
- 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.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
- Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
- 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;
- Services means the services, including any Goods, of the number and description set out in the Order.
- BirthSense courses are services. Provision of the service is considered to have started from the point at which the course begins.
- Submission of a booking form does not constitute a guarantee of a course place: a booking is not considered finalised until we have received cleared payment of the full course fee. Until cleared payment has been received and confirmed by BirthSense, the course place will not be considered allocated, and may be booked by another client.
- The description of the course and any additional course materials is as set out in our website. Any description is for illustrative purposes only and there may be small discrepancies in content.
- BirthSense reserves the right to decline any booking
- All course places are booked subject to availability. Once the course is fully booked no further bookings will be accepted.
- On receipt of the cleared funds, a confirmation email will be sent to the client. BirthSense endeavours to send confirmation within five working days of receiving the cleared payment.
- Any deposits placed to reserve a place on a course are non-refundable.
- A course comprises a set number of sessions as defined in the course description and specified in the confirmation letter sent on booking. Payment is charged for a full course, not for individual sessions. We are unable to give refunds for any sessions missed or cancelled by the client.
- Should you miss a session we may be able to offer a make-up session on a future course, subject to availability and at the course leader’s discretion. If you know you cannot attend a particular session please speak to your course leader as soon as possible. Alternatively, your course leader may be able to offer you a private session which will incur an additional charge. Speak to your course leader about their private rates.
- Course dates and times may be changed in exceptional circumstances. If the new time and date is not convenient to you we will try to offer you an alternative course but if one is not available you will be given a refund for the session or sessions changed. No refund will be given for sessions already taken.
- In the unlikely event that the course venue is changed, a new venue will be found within three miles of the original but no refund is available in these circumstances.
Cancellations and refunds
- BirthSense and BirthSense practitioners reserve the right to cancel courses or sessions at short-notice, or to change course or session dates or times in the event of situations such as practitioner illness, childcare restrictions, or if the practitioner is working in the capacity of birth doula to a client.
- Any class cancelled by BirthSense or the BirthSense practitioner will be rescheduled if possible. If this is not possible or if alternative dates cannot be agreed, all monies paid by the client will be refunded and no further payments will be owed to BirthSense.
- All group courses require a minimum number of participants to run. If for any reason these numbers are not reached you will be notified. We will endeavour offer you an alternative arrangement, but if no acceptable alternative can be found or agreed upon you will be entitled to a full refund.
- Once a class has been booked and paid for, no refunds will be given for cancellations. We may be able to transfer your booking to another class where availability exists but this is at the sole discretion of your practitioner. Should you wish to request a transfer please contact your practitioner directly or email [email protected]
- Exceptions may be made to the above policy in extenuating circumstances. These are at the sole discretion of the practitioner. Should you wish to discuss a cancellation with us please contact your practitioner directly or email [email protected]
Disclaimers, Guarantees and Limitations of Liability
- All courses, sessions and products offered by BirthSense are designed to teach an individual to use their own natural abilities to bring their mind and body into a state of relaxation.
- The content of all BirthSense classes and products is in no way intended to be represented as medical advice nor as a prescription for medical procedure. BirthSense practitioners are not medical practitioners: each individual must seek the advice of their midwife, GP or other health-care provider to answer any questions about their pregnancy, labour, birth or the health of themselves or their baby.
- We do not offer any guarantees on our courses, sessions, products or services. Payment is made for provision of courses, sessions, products or services and not for the outcome. While our courses, sessions, products and services are intended to improve your pregnancy, birth or breastfeeding experiences, there are many aspects that can affect these processes and no way to tell how you personally will experience them. Your conception, the outcome of your birth, pregnancy or breastfeeding relationship are not dependent on the use of our goods and services, or your implementation of any of the techniques.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘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.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
- 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:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: [email protected].
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.”