1.1 These terms and conditions (“Terms”) set out the basis on which you may browse and use www.bumpandbliss.com (the “Website”).
1.2 The Website is owned and operated by Bump & Bliss Limited (“we”, “us” or “our”), a company registered in England and Wales with registered number 09074558, with its registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, UK. If you would like to contact us for any reason please email firstname.lastname@example.org.
1.3 By browsing and using the Website (including purchasing any Products or Services made available through the Website), you are agreeing to be legally bound by these Terms.
1.4 We reserve the right to change these Terms from time to time at our sole discretion. The current Terms will be displayed on the Website. Your continued use of the Website will signify your acceptance of any adjustment to these Terms.
1.5 These Terms do not govern the relationship between us and our Providers. If you are a Provider, please refer to the Provider terms here.
2.1 In these Terms, the following definitions shall have the following meanings:
“Gift Certificate” means a gift certificate issued by us and purchased via the Website which can be redeemed to purchase a Voucher.
“Provider” means the third party companies and individuals who offer their goods and services via the Website;
“Service” means a service offered for sale by a Provider via the Website; and
“Voucher” means a voucher you can purchase via the Website to redeem for Provider Services.
3. Access and use of the Website
3.1 Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice to you.
3.2 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
3.3 You are responsible for making all arrangements necessary for you to have access to the Website.
4. Vouchers and Gift Certificates
4.1 The use of each of the Vouchers and Gift Certificates is subject to these Terms and additional terms and conditions specific to each Voucher, if any. Prior to purchasing a Voucher from the Website we strongly recommend that you read the terms and conditions applicable to the Voucher and Provider goods and service you intend to purchase.
4.2 Unless otherwise stated, the Vouchers may only be redeemed and the goods and Services are only available in the United Kingdom.
4.3 Our list of Providers may vary from time to time and is subject to change. We cannot guarantee that Providers listed on the site at the date of purchase of a Gift Certificate will still be listed at the date the recipient wishes to redeem the Gift Certificate.
5. Purchasing from the Website
5.1 We reserve the right to reject any offer to purchase made via the Website at our sole discretion.
5.2 All prices on the Website are displayed in Pounds Sterling and expressed inclusive of VAT, unless expressly stated otherwise. All prices together with any additional and applicable processing or delivery charges may be subject to change by a Provider from time to time.
5.3 Your order to purchase a Voucher or Gift Certificate from the Website will be placed when you click the [BOOK or PLACE ORDER] button or when you confirm your payment details to one of our customer services team.
5.4 You must pay for your order using a credit or debit card. Our payment services provider accepts most major credit or debit cards. Any currency conversion or bank or other charges incurred during the payment process will be borne by you. You assume all liability for and shall promptly pay any and all such charges. Except to the extent otherwise required by law and as provided specifically in these Terms, you agree that all purchases made by you through the Website cannot be returned or exchanged and are non-refundable.
5.5 By placing an order, you authorise us to immediately charge your payment card for the purchase price in full and we are entitled to rely on your placing of an order as an instruction to us to take your payment.
5.6 We will confirm our acceptance of your order by sending you an e-mail that confirms your purchase and contains your Voucher or Gift Certificate. The contract of sale between you and us will only be formed when we send you this confirmation (“Confirmation Date”). If you have purchased a Voucher we will also send confirmation of your purchase to the Provider.
5.7 Vouchers or Gift Certificates may not be redeemed for cash, have no equivalent cash value and may not be resold.
5.8 Note that the expiration date and other terms for each Voucher may vary according to the Provider. Additional Provider terms will be notified to you prior to making your Booking either via the Website or by the Provider directly.
6. Redemption of your purchase
6.1 Voucher: In order to redeem your Voucher you must contact the Provider directly to book a time and date for your service or place your order, quoting the unique redemption code (your “Booking”). You may only redeem the entire value of the Voucher for the Provider service you have selected at purchase or, with the Provider’s agreement, a different Provider service of equal value; no partial redemptions are permitted. Changes to your Booking or cancellations after your Booking are subject to the Provider’s terms of service.
6.2 Gift Certificate: Gift Certificates may only be redeemed through the Website for Vouchers. In order to redeem a Gift Certificate, the recipient must activate it by entering the unique gift certificate code at the check-out when placing an order for a Voucher. [The recipient may only redeem the entire value of the Gift Certificate in one Voucher purchase; no partial redemptions are permitted. A Gift Certificate shall expire within [12 months] of its Confirmation Date.
6.3 We are not responsible for any Voucher or Gift Certificate used without your permission or for any lost or stolen Vouchers or Gift Certificates. We may, in our sole discretion, cancel and replace a lost or stolen Voucher or Gift Certificate (if it has not already been redeemed) with a new Voucher or Gift Certificate if you provide us with the email address(es) to which the original version was sent.
7. Right to cancel
7.1 As a consumer, you are entitled to cancel the contract for a Voucher or Gift Certificate at any time during the 14 days after the Confirmation Date (“Cancellation Period”) and receive a refund to the credit card or payment method used to make your purchase, subject to this section 7.
7.2 To cancel a contract, you must inform us of your decision. You may use the cancellation form set out at the end of these Terms or contact us by telephone on 02036424442, or email to email@example.com. Cancellation notices received by email are effective from the date of sending.
7.3 You acknowledge that redemption of a Voucher (by making a Booking) within the Cancellation Period applicable to that Voucher will result in your right to cancel your contract with us for that Voucher being lost.
7.4 If you are cancelling a Gift Certificate that we have already posted to you, we may request that you return it to us by first class post at your own cost.
7.5 In the absence of cancellation in accordance with the applicable cancellation requirements, where any Voucher for a Service purchased is not redeemed, in whole or in part, no refund of the purchase price will be issued in respect of the period unused.
8.1 Should you wish to register a complaint regarding any aspect of the Website, please call us on + on 02036424442 or email firstname.lastname@example.org
8.2 Complaints will be handled on a case-by-case basis.
9. Your Account
9.1 If you are 18 years of age or older, you may be required to create an account with us through the Website (“Account”) in order to use the Website, leave reviews or comments, or to purchase, gift, or redeem (as applicable) Vouchers and Gift Certificates.
9.2 When registering for an Account, you must provide true, accurate, current, and complete data about yourself and keep this information up to date. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security related to your use of the Website.
9.3 We reserve the right to suspend or terminate your Account at any time without notice to you if we believe in our reasonable opinion that you have breached or failed to comply with any of these Terms.
10. Uploading content to the Website
10.1 From time to time the Website may include functionality that enables you to upload content such as feedback directly on to the Website, such as reviews or message boards (“Functionality”).
10.2 When using any Functionality on the Website you agree that you will not submit or upload any content:
10.2.1 that is untruthful, inaccurate, confidential, defamatory, infringing, obscene, offensive, racist, indecent, threatening or is otherwise unlawful or objectionable;
10.2.2 that you do not own or do not have the permission of the owner or any other relevant person who may have rights in or connected to the content you are uploading;
10.2.3 that includes any personal data if uploading it to the Website would be a breach of the Data Protection Act 1998 or any other applicable data protection or privacy legislation; or
10.2.4 if submitting it to the Website would infringe the intellectual property rights or any other rights of another person.
10.3 As between you and us you will own any content or material you upload to the Website. You agree that we shall have the indefinite, royalty-free and worldwide right to copy, distribute adapt and use your content for any purpose or otherwise make it available to the public.
10.4 The views expressed by other users on the Website do not represent our views or values. We will not be responsible, or liable to you or any third party, for any content posted by you or any other user of the site.
10.5 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, their right to privacy, or any other legal rights.
11. Notice and takedown procedure
11.1 We do not actively monitor content that users of the Website upload directly onto the Website. We do not therefore accept any responsibility or liability for any such content on the Website.
11.2 If you become aware that other members of the Website have posted content which is inaccurate, inappropriate, offensive or does not comply with any of the provisions of the Terms you may notify us by contacting us at email@example.com.
11.3 We have the right to edit or remove any posting or content you upload to the Website at any time for any reason and without notice in our sole discretion.
11.4 For the avoidance of doubt any decision we make in connection with the removal of any content from the Website is final and we accept no liability to you in respect of any such decision.
12. Intellectual Property
12.1 We are the owner or the licensee of all intellectual property rights in the Website and in any material available on it.
12.2 You must not use any content from the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
12.3 You are not permitted to imitate the Website or the Website’s presentation and structure without our express written consent.
12.4 If you copy or use any part of the Website or the content made available through it in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13. Data Protection and Privacy
14. Links to and from the Website and third party material
14.1 You may not create a link to any page of the Website without our prior written consent. Any link to a page of this website is made at your own risk.
14.2 We reserve the right to withdraw linking permission without notice.
15.1 Except as expressly provided in these Terms, the Website and any of its content is provided on an "as is" basis. We do not make any representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) in relation to the Website or any content, Providers, or Services provided through it.
15.2 Information on the Website is not intended and should not be relied upon as medical or any other kind of advice. You are responsible for informing a Provider about any medical information related to the Provider Service.
15.3 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
15.4 We do not guarantee that the Website will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Website or any content provided through it will be free from errors or omissions. Descriptions and photographs for Provider services are for informational and illustrative purposes only.
15.5 You acknowledge and agree that the applicable Provider;
15.5.1 is solely responsible for honouring the Vouchers and we are only the seller of the Vouchers for the Provider;
15.5.2 is solely responsible for the Services advertised on the Website and provided in connection with the use or redemption of a Voucher and terms of its Voucher; and once a Booking is made, is your sole recourse for the cancellation of the Booking.
15.6 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Please check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
15.7 Nothing in these Terms is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
16. Limitation of Liability
16.1 You understand and you acknowledge that we will not be liable to you in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
16.1.1 loss that was not caused by our breach;
16.1.2 loss that was not foreseeable at the time you enter into the contract with us;
16.1.3 loss of profit, loss or damage to data, loss of reputation or goodwill, loss of opportunity or anticipated savings; or
16.1.4 indirect, special, consequential or punitive losses of any kind
arising out of your use of or inability to use the Website or your purchase and/or use of any Service.
16.2 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
16.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Website or any content on it, or Services provided through it, whether express or implied.
17.1 You agree to indemnify us in full (including our parent, subsidiary and affiliate companies and our officers, directors, agents and employees) against any loss or liability, cost (including reasonable legal fees), expense, or damages arising out of or in relation to your breach of:
17.1.1 these Terms;
17.1.2 any other terms and conditions applicable to the Services;
17.1.3 any rights of a third party; or
17.1.4 any law.
18.1 These Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
18.2 You may not assign, sub-license or otherwise transfer any of your rights or obligations in these Terms to any other person without our written consent. We may transfer our rights and obligations under these Terms to another organisation and we will notify you in writing if this happens.
18.3 We shall not be liable to you for our failure to perform any obligation under these Terms or any other terms and conditions applicable to the Services, which is due to reasons, events or other matters beyond our control including without limitation any act of god, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control.
18.4 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
18.5 If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.
18.6 These Terms, including their subject matter and formation, are governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
MODEL CANCELLATION FORM
To Bump & Bliss Ltd, at firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following [voucher] [gift certificate]*
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper).
[*] Delete as appropriate.
2. Contacting us
2.1 For the purpose of the Data Protection Act 1998, Bump & Bliss Ltd will be the data controller in respect of any personal data that you submit to us or that we collect from you when you use our website. We are a private limited company registered in England and Wales with company registration number 09074558. Our registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, UK. For more information about us please visit www.bumpandbliss.com
3. The information that we collect from you
3.1 We will collect any information that you provide to us when you make a purchase or register with us through our site. This information may include your name, email address and phone number and, if you register an Account, your user name and any information you provide as part of your account, such as by publishing reviews on our site.
3.2 If you are pregnant, information about your pregnancy and related health matters may be considered sensitive personal data under the Data Protection Act 1998. By using our website to book pregnancy and baby services, you consent to our collection and other processing of this information in connection with the services we provide.
3.3 By providing any information to us about any person other than yourself (a “Third Party”), (for example, for a Gift Certificate) you will be deemed to have knowledge of how that information will be used, and as authorised to disclose such information to us, and to consent to the use of such information on behalf of a Third Party.
3.4 We will collect any information contained in any correspondence between you and us. For example, if you contact us, we may keep a record of that correspondence. We may also ask you for information when you report a problem with our website or any content or services made available through it.
3.5 Any information that you post directly onto our website will be collected by us and stored on our servers for the purposes of making the website and the content contained within it available to our users. We do not collect, store or use any personal information contained in any such posts for any other purpose. Please note that any materials or information that you post directly to our website may be visible to other users of the site. We advise you to be selective about what information you post on the website.
4. Use of your information
4.2 In addition to the specific uses set out in section 3 above, we may use your information for the following purposes:
4.2.1 to ensure that content from our website is presented in the most effective manner;
4.2.2 to provide you with Vouchers and Gift Certificates you purchase from our site;
4.2.3 to send you general (non-marketing) commercial communications, such as information about the website and services provided to you by us at that time;
4.2.4 to provide customer service in relation to your use of the website, to contact you, to deal with enquiries and complaints relating to the use of the website and to notify you about changes to our services;
4.2.5 to develop, improve and personalise the website so as to improve your user browsing experience;
4.2.6 to provide third parties with statistical information about our users but this information will not be able to be used to identify any individual user;
4.2.7 to provide you with marketing communications by post and/or electronic means (such as email, SMS and/or MMS) about our products, services, events, special discounts and offers, which you have requested to be sent or which we feel may interest you, where you have not opted out of being contacted for such purposes; and
4.2.8 to provide you with marketing communications by post and/or electronic means (such as email, SMS and/or MMS) about our other group companies’ and/or carefully selected third parties’ products, services, events, special discounts and offers, which you have requested to be sent or which may be of interest to you, where you have expressly consented to be contacted for such purposes.
5. Disclosure of your information
5.2 If you purchase a Voucher (or redeem a Gift Certificate for a Voucher) through our site, we will notify the applicable Provider and provide it with certain related information about your purchase or redemption, including your name, email address, and the amount of the Voucher.
5.3 To purchase Gift Certificates or Vouchers or other products or services, we may require credit or debit card account information. By submitting your credit or debit card account information through our site, you expressly consent to the sharing of your information with third-party payment processors, and other third-party service providers to the extent necessary for these services, processing payments and/or for the purpose of detecting fraud, and you further agree to the following terms. These third parties may also store your credit or debit card information, for your future use on our site. Your CVV number will not be stored and must be re-entered for each order.
5.4 We may also disclose your personal information to:
5.4.1 any third party so that they can provide you with, marketing communications by post and/or electronic means (such as email, SMS and/or MMS) about their own products, services, events, special discounts and offers, which you have requested to be sent or which may be of interest to you, where you have expressly consented to be contacted for such purposes;
5.4.2 any third party to whom disclosure is necessary to enable us to provide you with any services or products that you have requested through the site which may be provided by such third parties;
5.4.3 any person to whom disclosure is necessary to enable us to enforce our legal rights, or to protect the rights, property or safety of our employees or where such disclosure may be permitted or required by law.
5.5 You should note that any public elements of the website will be visible to other users of the website anywhere in the world. You should therefore be careful when submitting information about yourself directly on to the site and only submit information that you are happy to be public information.
6.2 Some cookies that we use are necessary for our website to function properly and to enable you to move around the site and use its features. In addition we may also use so called “functional” cookies that allow our website to remember choices you have made in relation to the website so as to provide a more personalised and enhanced user experience.
6.3 We may also use an analytics service provider for website traffic analysis and reporting. Analytics service providers generate statistical and other information about website use by using cookies, which are stored on users' computers. The information generated relating to the website may be used to create reports about the use of the website and the analytics service provider will also store this information.
7. Third party content, websites and contributors
7.1 Our website may contain content and links to other websites and microsites that are operated by third parties. In addition, advertisements contained on our website may operate as links to that advertiser’s website, and such advertisers and third parties may also use and place cookies on your computer.
8. Security and data retention
8.1 We employ appropriate technological and operational security measures to protect against any unauthorised access to or any unlawful processing of any personal information about you that we hold. We will retain your information for as long as is necessary to provide any services to you or for a reasonable period or as long as the law otherwise permits.
8.2 Data transmission over the internet is inherently insecure, and although we employ appropriate technological and organisational security measures to protect your data from unauthorised access we cannot guarantee the security of any data sent over the internet.
9. International data transfers
9.1 Our servers are situated in the European Union, however we collect data from wherever users are situated. The information that we collect will therefore be transferred to the European Union from any other country in which you may be located and will be subject to UK data protection laws rather than the laws of the country in which you are resident.
9.2 We do not transfer personal data collected via our website outside the European Economic Area (unless (a) you have consented; (b) it is necessary to provide the services you have requested; or (c) it is otherwise required or permitted by law).
10. Your rights
10.1 You are entitled to know what personal data we hold about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. In certain limited circumstances you may also be entitled to request that we delete certain information that we hold about you.
10.2 If you have any questions about the personal information that we hold about you or would like to make any requests in relation to it, please contact us using the contact information provided in section 2 above. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you and we may also require you to provide us with appropriate identification before we comply with this request.
10.3 You may request that we cease sending you any marketing information at any time by notifying us in writing or following any “unsubscribe” instructions included in any marketing communications which we send to you.