Terms and Conditions of Birthing Pool and Stool Hire.

Please Note: By ordering your pool on-line or by phone having seen our website you are agreeing to these terms and conditions.

Your Contract for Our Service. We want You to enjoy using Our birth pool and related equipment. As part of that it is important that you are fully aware of what has been agreed. The Pool Booking Form and these Conditions together form Our agreement with You. The Pool Booking Form sets out the details of what it is that We are going to be providing to You and the costs of this. These Conditions set out the detail of issues such as payment arrangements, amendments, what happens if You need to cancel and so on. This Contract contains a right to cancel (see Section 5) and limits our liability (see Section 8). Please read these Conditions carefully. We have tried to make them easy to understand, but We do understand that You may feel uncertain about reading a legal document. We assure You that Our staff are here to help, and will be more than happy to assist You with any query You may have.

1 Definitions and Interpretation
To make these Conditions easy to understand Samantha Jayne Birthing Pools has explained some of the words. If a word begins with a capital letter then this means the word is defined in this Section. Therefore, in these Conditions the following words have the following meanings:“Cancellation Form” means the form set out in Attachment 1 to these Conditions; “Conditions” means these conditions; “Contract” means the contract between You and Us for the provision the Service, consisting of these Conditions and the Pool Booking Form.“Section” means a numbered section of these Conditions;“Pool Booking Form” means the order form filled out by You and Us including the details of the type of birth pool and any related items You want to hire from Us and the prices You will be charged for any items you order;“Service” means the provision of a birth pool or such other related items as set out in the Pool Booking Form; ““We”, “Us”, “Our”” means Samantha Jayne Birthing Pools, our address being 40 Links Avenue, Felpham, Bognor Regis. PO22 7BX . Tel: (07801) 899 747 “You, Your” means the person(s), who purchases the Service from Us.
2 Forming the Contract, 2.1 When You place an order on-line, or by telephone we will send You an email or ring You, if no email is provided confirming receipt of Your order and containing the details of Your order. Your order represents an offer to Us to purchase the Service which is accepted by Us when we send email confirmation to You or ring you, with the effect that We are committed to provide You Our birth pool and any related items as set out in the Pool Booking Form, and You are committed to pay Us for this Service in accordance with the Conditions. 2.2 We reserve the right to accept or reject Your request for Us to provide the Service to You at Our discretion. If We reject Your order We shall return your monies immediately by first class post or directly on to your card if already taken. 2.3 Any quotation or estimate made by Us is given subject to these Conditions. Quotations will be valid for 14 days from the date on the quotation or the duration of the offer, although this will not affect Our right not to accept any order under Section 2.2.
3 Pool Booking Information, 3.1 You need to tell Us if details on the Pool Booking Form are incorrect as soon as You notice, otherwise We cannot do anything about it and will not be liable to You for such inaccuracies until You tell Us about them. 3.2 Our employees and agents are not authorised to make any representations concerning the Service which are not made in any visual or written sales literature issued by Us. If You are told something which is not contained in writingin these Conditions or the Pool Booking Form, or You think there is a mistake in Your Conditions or Pool Booking Form,then please contact Us on 07801 899 747 for confirmation to ensure that it is correct.
4 Contract Price and Payment Terms, 4.1 The prices for the Service and any applicable delivery charges and payment terms shall be set out in the Pool Booking Form/website (or as subsequently amended in accordance with these Conditions); 4.2 You acknowledge that the birth pool prices provided in the Pool Booking Form are based on a per birth basis for a rental period of up to 5 weeks or until you give birth. (Valley cushions and stools, and other hire items differ depending on thier individual hiring conditions.  Weekly hire in all cases though shall mean per seven days, starting from the date the item was sent to you.  Any days over those seven days will be considered as another full week.  This includes postage time from you to us.  4.3 Nothing in these Conditions will operate to create any form of credit agreement between You and Us. 4.4 No payment shall have been received by us (for the purposes of this Contract) until We have received cleared funds or any payment by cheque has cleared.
5 Cancellation Rights, 5.1 In the unfortunate event that You wish to cancel the Service or any part of it then please tell Us as soon as possible or in any event no later than 7 days before the date which You are to receive the pool. 5.2 Please note that You will be responsible for the costs of returning Our birth pool and any related items to us unless we delivered them to you in error, or if the item was faulty. If we do not receive Our birth pool or any if the other items back from You, we may arrange for collection of Our birth pool or other item from your residence at Your cost.
5.3 As soon as We receive notice of Your cancellation of this Contract or any part of it, We will issue within 30 days of receipt of this notice a refund for the monies spelled out in our commitment to you in 5.3a If you deliver your baby and choose to keep the pool longer than your 5-week hire period, you will be charged £50/week for each additional week you keep the pool.
Will I get a refund if I do not use the pool?
We are aware that from time to time people may not be able to use the birth pool as they had intended and we try to reflect this as fairly as we can through our returns policy. Obviously,once you have received one of our pools, it means that we were not able to let someone else use it, so the hire charge will still apply, even if the pool goes unused during its time with you,i.e. not set-up at all. We will however refund you for unopened extra liners and disposable plastic sheets etc you may have purchased. There will be no refund for other hired items that are not used such as TENS, birth mats or balls.
If you have not yet received your pool, and we have not shipped it, we will refund your balance but not the deposit as we may have lost bookings whilst it was booked out to you.
5.4 The deposit will be refunded on the safe return of all items ordered as part of the Service. Any damage to Our birth pool and any of the other items shall be taken from the deposit. Should the deposit not cover the damage we will endevour to recover the extra costs.5.5 Cancellation of one or more parts of the Service will not affect any remainder of the Service.
6 Health & Safety, 6.1 You must, upon receipt of Our birth pool and any other related items, read carefully any safety warnings and follow clearly any guidelines on how to use these products. If You are in any doubt about the use of Our birth pool and any other related items, the meanings of any warnings, or whether your intended use of Our birth pool or any other related items are safe, We urge You to contact the manufacturer for clarification prior to use. We will not be held responsible for any negligent use or misuse of Our birth pool and any related items. Nothing in the Conditions or Pool Booking Form should be thought to supersede, or to alter, or take precedence over manufacturers’ instructions.
7 Obligations on You, 7.1 You must: ensure that all births are attended by experienced birth professionals;
take full responsibility for the manner in and purpose for which Our birth pool is used; only use Our birth pool indoors; return Our birth pool undamaged;pay for the replacement or repair of Our birth pool in the event that it is damaged or not returned whilst in Your possession; comply with Our reasonable instructions and respond promptly when requested to do so by Us, in relation to the Service; co-operate with Our reasonable instructions (including, without limitation providing the details to Us) to assist Us in resolving problems relating to the Service; and promptly notify Us of any change of address and of any delay in delivery.  7.2  You must notify us within 24 hours of any items received damaged or missing to enable us to replace them as soon as possible.  This may not be immediately depending on the missing/damaged item as we cannot stock each and every part of our pools.  Delivery of damaged/missing item will be as soon as possible and will not affect the hire cost to yourselves.  7.3  You must sign for any parcels/boxes/packets as "damaged" at time of delivery, regardless of condition, and notify us within 24 hours, if you even suspect damage/see damage to the packaging.  Not to do so may imply the damage was caused by you and not the delivery company and may be taken from your deposit.
8 Exclusion and Limitation of Responsibility. 8.1 We shall be responsible for the death or personal injury arsing from Our negligence, or if We have deliberately lied to You about anything before You entered into this Contract, which then caused You to enter into the Contract. Nothing in these Conditions shall exclude that liability. 8.2 Nothing in this Contract shall affect Your statutory rights. If you wish to obtain further information about Your rights, You should speak to Your local Citizens Advice Bureau or Trading Standards Office. If you have any questions about the suitability of a birthing pool, antenatal advice or otherwise please speak to your doctor or mid-wife.
YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTIONS 8.3, 8.4 AND 8.5.
8.3 Except as set out in clauses 8.1 and 8.2 We shall not be liable for any losses which were not reasonably foreseeable at the time of entering into the Contract incurred as a result of Our failure to comply with this Contract or Our negligence. 8.4 We shall be under no liability for: (a) any failure to provide the Service in accordance with the Contract as a result of any of Your acts or omissions including (without limitation) Your failure to comply with Your obligations in Section 7; or (b) any failure to provide the Service in accordance with the Contract unless You notify Us in writing of such a claim (with detailed particulars of the circumstance giving rise thereto) within 3 months of such failure coming to Your notice; or (c) any failure to provide the Service in accordance with the Contract as a result of Our compliance with any instruction or direction given by You if We have informed You before We comply with Your instruction that, in Our opinion, that instruction or direction will inhibit performance of the Service; or (d) any loss You suffer as a direct result of Your failure to comply with clear instructions or health and safety that was given to you at the time that the Service was provided.
8.5 Except as set out in clauses 8.1 and 8.2 above, our responsibility to You if We do not comply with this Contract or are negligent shall be the value of the charges set out in the Pool Booking Form. 8.6 The price of the Service has been calculated on the basis that We will exclude or limit its liability as set out in the Contract.
9 Your information We will record the personal details You have given Us and retain data relating to the use of the Service by You. Your data will be used principally to provide You with the Service but will also be used for the following purposes: accounting, billing and audit, credit or other payment card verification, credit checks (both by Us and those carried out by credit checking organisations) security, administrative and legal purposes, systems testing, maintenance and development and customer relations.
10 Who has rights under this Contract. 10.1 The Contract between You and Us is personal to You. You may not transfer the Contract to anyone else. No one other than You or Us will gain any rights under the Contract. 10.2 We may transfer the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
11 Interruptions to Service beyond Our control In certain cases We may not be able to provide the Service, or carry out some of Our other duties under the Contract, because of something that is beyond Our reasonable control. This could include war, an act of terrorism, widespread goods, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not Our fault. If this happens then We will not be responsible for so long as the effects of the event continue for any failure to provide the Service or any part of it.We will continue to try to provide such Service as is possible despite any such events and to have the Service fully available again quickly. You will not be eligible for a refund if the couriers we use do not deliver on time, or deliver items damaged/missing, this service is not guaranteed. You may speak directly with them however if you wish.
12 Notices. If You need to contact Us (for example to cancel the Contract or change Your address) then please write to Samantha Jayne Birthing Pools, 40 Links Avenue, Felpham, West Sussex, PO22 7BX marked for the attention of Samantha Jayne Finlayson. We will contact You at the address set out in the Pool Booking Form / on-line form or any change of address which You notify Us about.
13 General. 13.1 If You or Us do not immediately enforce part of this Contract, or enforce one breach of it, this will not prevent either You or Us from enforcing the particular breach or a later breach. 13.2 If at any time any one or more of the Sections of this Contract becomes void or unenforceable for any reason under any applicable law, then that Section shall be removed from the Contract for so long as it remains void or unenforceable, but the remaining Sections of the Contract shall not in any way be affected or impaired as a result of that removal.
14 Disputes and complaints. 14.1 Our objective is to ensure You are delighted with the Service which we provide. Unfortunately, problems and misunderstandings do sometimes arise. If You are unhappy at any time with any aspect of the Service please raise Your concerns with us as soon as possible on Tel: (07801) 899 747or email sj@samanthajayne.co.uk who will investigate and discuss this with You. 14.2 Any dispute or claim that either You or Us may bring in relation to or in connection with these Conditions will be decided on the basis of English law by the English courts alone (unless You object and ask for a different jurisdiction or law to apply).

Samantha Jayne is trading as Samantha Jayne Birthing Pools.

Please Note: By ordering any item including birthing pools and stools on-line you are agreeing to these terms and conditions.