OUR TERMS

1. THESE TERMS
   1. What these terms cover. These are the terms and conditions on which we supply our services to you. 
   2. Why you should read them. Please read these terms carefully before you confirm your booking to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. 
2. INFORMATION ABOUT US AND HOW TO CONTACT US
   1. Who we are. We are Charlotte Wells trading as Saving Sleep a sole trader established in England and Wales.
   2. How to contact us. You can contact us by visiting the ‘contact’ page on our website: savingsleep.co.uk/contact or by the phone or email address provided to you after making a booking.
   3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your booking. 
   4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
   1. How we will accept your booking. Our acceptance of your booking will take place when we call or write to you to accept it, at which point a contract will come into existence between you and us. 
   2. If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service or because we are unable to meet a deadline you have specified. 
4. OUR SERVICES
   1. Services we provide.  The services we provided are set out on our website and range from consultations which are customised to you and to seminars for groups which provide generic sleep information and top tips.  Although we have made every effort to accurately describe our services on our website, we will provide you with confirmation when we accept your booking. Subject to clause 6 below, if there is any change to the service described on our website and what is confirmed in our acceptance of your booking you may want to end the contract (see clause 9.2).
5. YOUR RIGHTS TO MAKE CHANGES
   1. If you wish to make a change to the service you have booked please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9, Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
   1. Minor changes to the services. We may change the services:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor adjustments and improvements.
   2. More significant changes to the services and these terms. In addition, as set out on our website or told to you in the course of email exchanges, we may make changes to the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
7. YOUR OBLIGATIONS AFTER MAKING A BOOKING
   1. Your agreements. When making a booking with us, you are agreeing to the following at all times:
      1. To follow safe sleeping practices in line with SIDS recommendations as set out by the Lullaby Trust;
      2. To check with your/your child’s medical practitioner if your child has any conditions which prevents your child from being sleep trained safely and to notify us of any conditions in writing;
      3. To disclose all medical conditions to us in writing that your child has had or currently has;
      4. To permit us to use information relating to your child being used in case studies (but no information will be used that can identify your child and all names will be changed);
      5. To implement the sleep plan provided by us within 1 month of the consultation date;
      6. To use the sleeping plan for your/your child’s benefit only and not to disclose or share the sleeping plan to any third party;
      7. That the sleeping plan is our suggestion as to how to try and successfully improve your child’s sleeping behaviour and it is your sole decision as to reliance and whether you implement the sleeping plan or not; and  
      8. To use your judgment as your child’s carer as to whether it is safe in any given situation to implement the sleeping plan when we are not physically present.
   2. PROVIDING THE SERVICES
      1. Scope of the services.  All advice and guidance provided by us is based on professional experience and for information purposes only and is intended for use with common early childhood sleep issues that are wholly unrelated to medical conditions.  It should not be taken as a substitute for medical advice or treatment from your doctor, paediatrician or healthcare professional. Always seek qualified medical advice regarding any matters that may require medical attention or diagnosis and before following the advice and using the techniques described in the sleeping plan.  You should stop implementing the sleeping plan and/or our recommendations if your child is unwell and you should consult a doctor.  If your child is sick, has a temperature or is otherwise unwell in any way, they must be attended to and implementing the sleeping plan and techniques is not advised.  In these circumstances medical attention must be sought as sleep training is not recommended for an unwell child.
      2. When we will provide the services. We will supply the services to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11.
      3. Responding to you.  When providing our services, we endeavour to respond to any emails, messages or telephone calls from you within 24 hours but we do not work on Sundays or Bank Holidays and therefore any communications to us on these days will not be viewed and/or responded to until the next working day.
      4. We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received. 
      5. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services (if applicable) as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange attendance we may end the contract and clause 2 will apply.
      6. If you do not implement the sleep plan. If you do not implement the sleep plan as provided by us within 1 month of the consultation date, a further fee may be payable to us for the re-evaluation and any amendments to the sleeping plan that might be needed. We may also suspend or terminate the contract with you if we are of the opinion that you are ignoring the advice given or are not ready to continue.  
      7. We do not guarantee success.  We cannot guarantee the sleep plan will be successful.  The sleep plans are designed to help your child sleep well within a specific time frame and the level of success will be significantly enhanced by following the recommended sleep solutions and sleep plan constructed by us for you.  Not following the sleeping plan and recommendations, or only implementing part of the sleep plan will reduce the likelihood that your child will be successfully sleeping. Similarly, in a family environment it is critical that all family members involved with your child’s sleeping plan (for example grandparents, nannies, helpers) follow the plan as devised.  We do not accept any responsibility or liability if the sleep plan provided does not achieve the success or result you desire.  
      8. When you own goods. If a sleeping plan is provided, you own the sleeping plan once we have received payment in full.
      9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, you must disclose to us any medical conditions that your child has or complete daily sleep logs depending on the sleep package purchased. If so, this will have been told to you over the telephone or on our website or told to you in the course of email exchanges. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information or you fail completely to provide the information, such as daily sleep logs, we may either suspend (see clause 8.10), end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 
      10. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service:
          1. to deal with problems or make minor changes;
          2. to update the service to reflect changes in relevant laws and regulatory requirements;
          3. to make changes to the service as requested by you or notified by us to you (see clause 6).
          4. if you do not implement the sleep plan or fail to provide us where appropriate any information requested.
      11. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract after deducting any amounts due for work we have undertaken.
      12. We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We can also charge you interest on your overdue payments (see clause 13.5).  
      13. Reasons you may reschedule the services.  We understand that there are sometimes emergency situations where a consultation date agreed needs to be rescheduled by you.  At our sole discretion, we may agree not to end the contract (see clause 11.1(c)) and reschedule the consultation date to a later date. 
   3. YOUR RIGHTS TO END THE CONTRACT
      1. You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, how we are performing and when you decide to end the contract:
         1. If what you have bought is misdescribed you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back), see clause 12;
         2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
         3. If you have just changed your mind about the service, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; 
         4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
      2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
         • . we have told you about an upcoming change to the services which is not a fault of yours and you do not agree to (see clause 2);

1. we have told you about an error in the price or description of the service you have booked and you do not wish to proceed;
2. there is a risk that supply of the services may be significantly delayed because of events outside our control; or
3. you have a legal right in accordance with UK legislation to end the contract because of something we have done. 

2. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For services bought online or over the telephone or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 
3. When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.
4. How long do I have to change my mind? For services booked, you have 14 days after the day we confirm we accept your booking. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract 

11. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
    1. Tell us you want to end the contract. To end the contract with us, please call or email us on the contact details that we will provide you when confirming your booking.  Please provide details of your booking, your name, home address and where available, your phone number and email address.
    2. How we will refund you.  We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
    3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.  If you exercise the right to change your mind less than 48 hours prior to any schedule consultation date agreed, a deduction of 50% will be applied to any refund. This is to cover services that would have been undertaken by us in preparation of the consultation with you.
    4. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
12. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:
       • . you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;

1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, medical information and conditions about your child; or
2. you do not allow us access to your premises to supply the services.
3. you do not implement the sleep plan, follow advice given or keep daily sleep logs where appropriate.

1. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
2. We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will refund any sums you have paid in advance for services which will not be provided.

13. IF THERE IS A PROBLEM WITH THE SERVICE
    1. How to tell us about problems. If you have any questions or complaints about the service, please contact us. 
    2. Summary of your legal rights. See the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.

13. PRICE AND PAYMENT
    1. Where to find the price for the service. The price of the service will be the price as shown on the website or told to you over the telephone or told to you in the course of email exchanges. We use our best efforts to ensure that the price of the service advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the service you book. 
    2. We will pass on changes in the rate of VAT. If applicable, if the rate of VAT changes between your booking date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect. 
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the service’s correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the service’s correct price at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
    4. When you must pay and how you must pay. We accept payment by bank transfer only.  Details for making the payment will be set out on our invoices. You must make an advance payment of 100% of the price of the services, before we start providing them.  Invoices provided to you are payable immediately.
    5. We can charge interest if you pay late. If you do not make any payment to us within 3 days of receipt of our invoice, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England 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 judgment. You must pay us interest together with any overdue amount. 
    6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights as summarised at clause 2. 
    3. We are not liable for business losses. We only supply services for private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.  You can find our Privacy Policy on our website: savingsleep.co.uk/privacy-policy. 
16. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for services not provided. 
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
    7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.