Website sales terms and conditions
1. These Terms
1.1 What these terms cover
These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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
2.1 Who we are
We are Sleep Superstars a trading name of Baby Sleep Ltd a company registered in England and Wales. Our company registration number is 12916081 and our registered office is at 154 Brent Street, London NW4 2DR. Our registered VAT number is 365 1546 91.
2.2 How to contact us
You can contact us by e-mailing us at [email protected]
2.3 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 or postal address you provided to us in your order.
2.4 “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.
3.3 Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our rights to make changes
4.1 Updates to digital content
We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5. Providing the products
5.1 When we will provide the products
a) If the product is a one-off purchase of digital content. You confirm that
(i) you expressly consent to the supply of the product; and
(ii) in doing so you will forego your cancellation rights, as soon as we accept your order.
b) If the products are ongoing services or a subscription to receive goods or digital content.
We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable).
6. Your rights to end the contract
6.1 You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 8;
(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2.
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 (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days after the 14 day cancellation period has expired; or
(e) you have a legal right to end the contract because of something we have done wrong.
7. Our rights to end the contract
7.1 We may end the contract if you break it
We may end the contract for a product 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 2 days of us reminding you that payment is due.
8. If there is a problem with the product
8.1 How to tell us about problems
If you have any questions or complaints about the product, please contact us. You can write to us at [email protected]
8.2 Summary of your legal rights
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
|a) If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:|
|b) If your digital content is faulty, you’re entitled to a repair or a replacement.|
|c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.|
|d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.|
9. Price and payment
9.1 Where to find the price for the product
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the product you order.
9.2 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.4 When you must pay and how you must pay
We accept payment with PayPal, Apple Pay and Stripe. For digital content, you must pay for the products before you download them.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, 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.
10.2 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 in relation to the products.
10.3 When we are liable for damage to your property
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.4 We are not liable for business losses
We only supply the products for domestic and private use. If you use the products 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.
11. How we may use your personal information
12. Other important terms
12.1 Personal use
Any services or goods supplied to you are for your personal use only and any use of our services or goods for commercial use, or re-sale, or other non-personal use, is not permitted under these terms.
12.2 We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation.
12.3 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.
12.4 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.
12.5 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.
12.6 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 products, we can still require you to make the payment at a later date.
12.7 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 products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13. Intellectual property rights
Unless otherwise specified, copyright of information and or products provided on this website and within products, such as but not limited to our Superstars Sleep Plan and our Superstar Resource Pack, is owned by Baby Sleep Ltd. You may not alter or modify this information in any way, including the removal of this copyright notice.
13.2 Baby Sleep Ltd retains all rights
Baby Sleep Ltd retains all rights (including copyrights, trademarks, patents, database rights, graphic images, logos, as well as any other intellectual property right) in relation to all information provided on or via this website. You may not copy, download, publish, distribute or reproduce any of the information contained on this website in any form, including in ‘chat rooms’ and ‘forums’ without the prior written consent of Baby Sleep Ltd. However, you may print out and/or download information contained on this website for your own personal and non-commercial use.
13.3 Links to third party websites
Links to some third party websites have been included on the website. Baby Sleep Ltd has not been involved in the design of those third party websites and has no control over the content or privacy policies of such third party websites. The content of third party websites can change at any time without notice to Baby Sleep Ltd. The inclusion of links on this website does not imply that we have verified or endorsed the content of such linked third party websites.
13.4 Personal use only
The Superstar Sleep Plan, Superstar Resource Pack and access to the Sleep Support Hub is for your own personal use only. You may not allow our Superstar Sleep Plan, our Superstar Resource Pack or anything in our Sleep Support Hub to be copied by any other person and you may not make copies of our Sleep Superstar Sleep Plan, our Sleep Superstar Resource Pack or anything contained within the Sleep Support Hub.
14. No medical advice
The products, website content, user content, and your product data (together the Data) are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a doctor or other qualified health provider with whom you have such a relationship if you have questions regarding any medical condition or if you or your child are experiencing any symptoms of or believe you may have any medical condition, regardless of any information contained within the Data. You should not ignore professional medical advice or delay in seeking it because of any information contained within the Data. Furthermore, you should not interpret any information contained within the Data as recommending any specific treatment plan, product or course of action. You should always consult your Doctor or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your Doctor or other qualified health provider. If you believe you or your child are experiencing any negative effects or illness from using the Data, you should immediately stop such use and contact your Doctor or other qualified health provider as well as Baby Sleep Ltd at the address specified in clause 2.2 above. We do not guarantee the accuracy, completeness or timeliness of any information contained within the Data.
15. Social media competitions
The following terms apply to any social media competitions that we may participate in including, those on Facebook and Instagram.
15.1 Competitions are open to residents of the United Kingdom aged 18 years or over.
15.2 There is no entry fee and no purchase necessary to enter a competition.
15.3 By entering a competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
15.4 Entrants must follow the route to entry, details and rules of how to enter, as set out in the specific social media competition post.
15.5 Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
15.6 The closing date for entry is as set out in the social media competition post. After this date, no further entries to the competition will be permitted. No responsibility can be accepted for entries not received for whatever reason.
15.7 We reserve the right to cancel or amend the competition and these terms and conditions without notice if circumstances arise outside of its control or in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by us.
15.8 We are not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
15.9 The prize is as set out in the social media competition post. The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
15.10 Winners will be chosen at random by the us, from all entries received and verified by us.
15.11 The winner will be notified by DM on Instagram or by Messenger on Facebook within 10 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15.12 We will notify the winner how the prize can be collected.
15.13 Our decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
15.14 We have the right, at our sole discretion and at any time, to change or modify these terms and conditions. Such change shall be effective immediately upon posting to this webpage.
15.15 Any competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the English courts.
15.16 The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.