Terms and Conditions

TERMS & CONDITONS OF TRADING

1. INTRODUCTION
1.1 The terms contained in this document apply to all transactions for the purchase of products and services from the website. By ordering any Services from our Site you are indicating your acceptance to be bound by these Terms of Trading. They form a legal agreement between you and us and can only be amended with our consent.
1.2 We reserve the right to change these Terms of Trading from time to time without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.

2. ORDERING
2.1 You may place an order to purchase a Service advertised for sale on our Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Place Order” button on the checkout page.
2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 After submitting an order to us, you will be sent an order acknowledgement email with your order reference and details of the products you have ordered.
2.4 If your order includes a Service and/or Product which is not available from stock, we will contact you by email or by telephone to ask you how you wish to proceed. You will have the option at this point to wait until the Service and/or Product is available or cancel your order.

3. PRICES AND PAYMENT
3.1 The prices of Services and Product advertised for sale on our Site are as set out on our Site. All prices are in pounds (£) sterling, inclusive of VAT, and all shipping charges.
3.2 Prices may change at any time prior to (but not after) acceptance of your order.
3.3 Payment in full is due prior to dispatch of your order and can be made by most major credit or debit cards, detail will be taken on acceptance of your order, when delivery is arranged.

4. DELIVERY AND SHIPPING
4.1 Subject to availability, we will use all reasonable endeavours to deliver the Services you have ordered as soon as possible after your order is accepted by us. [We will only deliver all Services comprised in your order in one delivery].
4.2 We will deliver directly to the address specified in your order.
4.3 Deliveries are made Monday to Friday (excluding bank and public holidays) normally between the hours of 8am and 5pm. Saturday deliveries are available at an additional cost. On the day of delivery, you will receive a text message confirming your delivery window. All deliveries require a signature to confirm receipt.
Under no circumstances should you amend your delivery arrangements once confirmed. DO NOT arrange to collect your equipment from a local collection point without first contacting Mermaid at Heart Ltd. for advice. We reserve the right to recall our equipment or suspend delivery if arrangements are changed without our prior knowledge. The equipment remains the property of Mermaid at Heart Ltd at all times.
4.4 Once delivered, the Services ordered will become your responsibility and, except in relation to Services that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.

5. CANCELLATION AND RETURNS
5.1 You may cancel your order (or any part of it) without giving any reason at any time, prior to dispatch.
5.2 You may return the product(s) at anytime by simply contacting us to arrange the return.
5.3 For hygiene reasons we ask you to return the equipment within the 3 days following the birth of baby. Please call during our opening hours to arrange the collection of the equipment. Someone should be at the address on the day of collection, a text will be sent on the day of collection confirming when to expect the courier to call.
5.4 Before arranging the return of the equipment you should ensure that all equipment is packed into the box provided to ensure adequate protection during transportation, as per the supplied handbook.
The lid should be securely closed and sealed either with the supplied cable ties or a suitable alternative, you should ensure that all hire equipment is packed in the box and that the box is securely sealed. You are responsible for the safe return of the hire equipment all losses and damages will be billed at cost price. (see 11.8)
One collection, only, is included in the hire charge. If, on the arranged day, the courier calls and receives no reply or is turned away without collecting the equipment, then an addition fee will be due for any subsequent collection/s.
5.5 Our policy on cancellations and returns does not affect your statutory legal rights.

6. FAULTY SERVICES
6.1 If any Service you purchase is damaged or faulty when delivered to you we may offer an exchange if reported to us within 72 hours of receipt. In accordance with your legal rights, if you believe a Service is faulty, you should notify us to arrange for replacement and return of the faulty Service(s).
6.2 Our policy on faulty Services does not affect your statutory legal rights.

7. SERVICE INFORMATION
7.1 We have taken reasonable steps to display as accurately as possible the detailing of our Services in the images that appear on our Site. However, as the actual colours and detailing you see onscreen will depend on your screen, we cannot guarantee that your screen’s display of any colour or other detailing will exactly reflect the colour or detailing of the Service(s) upon delivery.
7.2 Any information on our Site regarding sizing of Services is included as a guide only. If you are in any doubt as to the size of any Service you require, we recommend that you contact us prior to placing an order.

8. ORDERS FOR DELIVERY OUTSIDE THE UNITED KINGDOM
8.1 We do not accept orders outside England, Wales and some areas of Scotland*, this applies to Scottish Islands (HS1-19, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3), Southern Ireland, Northern Ireland, Channel Islands, Isle of Scilly, Isle of Man
8.2 Please contact us before ordering Services for delivery outside these areas. We will refuse to accept your order should you not contact us before ordering. Subject to us agreeing to and being able to deliver the Services outside the United Kingdom as they may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist. For deliveries outside the United Kingdom, you will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the Services are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.
8.3 Deliveries to these areas are subject to additional fees and charges, which will be confirmed at the time of ordering, and will be subject to your acceptance.
* We are unable to offer free Next Day Delivery and Collection to the following postcodes (because of the distance from the nearest delivering depot):
AB36-38, AB55-56 (Aberdeen), FK17-21 (Falkirk), IV1-39, IV52-54, IV63 (Inverness) KW1-14 (Kirkwall and Caithness), PA21-40 (Paisley), PH19-26, PH30-41, PH49-50 (Perth) A £15 surcharge will apply.

9. SECUTIRY
9.1 We understand that you may have concerns about security on the internet. Our Site uses a secure server in our 3rd party online ordering process to protect your personal information.
9.2 When you proceed to the checkout, no payment details will be taken, these will be entered directly by us onto the secure server of our payment service provider, we do store any payment details on our servers.
9.3 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
9.4 If you have any additional queries about security, please contact us.

10. OUR LIABILITY
10.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
10.2 You are responsible for the use you make of the Service(s) you order. To the extent not prohibited by law, we accept no liability for any loss or damage which is not reasonably foreseeable.
10.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
10.4 Nothing in this section or elsewhere in our Terms of Trading affects your statutory legal rights.

TERMS & CONDITONS OF HIRE

You will be asked to read the below conditions before confirming your agreement and booking your equipment. Ticking to confirm that you have read the document is confirmation that you understand and agree to the below conditions of hire.
Mermaid at Heart agrees to supply the equipment as specified, for use as stated, to the named person and guarantees its operation for the period of hire, subject to normal wear and tear. Please read before selecting the check box to confirm that you agree to the following:
I agree to hire from Mermaid at Heart Ltd, the equipment as specified, at the agreed charge, for the stated use and to comply with the conditions of hire as stated. I also agree that if no other arrangements are made, I will return it to Mermaid at Heart Ltd, clean, dry and in full working order in the agreed time*
*The hire period starts at your 37th week of pregnancy and ends 3 days after the birth of baby or 42nd week, whichever is soonest.
If there is a situation which prevents the return of the equipment at the end of the hire period, you should inform us and discuss the circumstances and to arrange extending the hire period. We will offer up to 7 days additional hire free of charge to support you. If we do not hear from you or someone on your behalf, within 72 hours of your hire expiring, you be charged £5 per day, for everyday outside this period.
For bookings placed in advance of the 35th week of pregnancy, we will contact you by email*, notifying you that we will endeavour to contact you over the coming week, if you can let us know when your planned healthcare appointments are we can schedule this call around these dates.
If you can no long proceed with your booking please let us know by replying to the email.
*A Flow chart will be attached for you to check that the supplied tap connectors will fit the tap you plan on using, it is your responsibility to ensure you have the correct fitting. Additional wider fitting tap connectors are available at an additional charge.
If booking after 36th week a Flow chart is available on request.
You will be contacted by telephone during your 36th week of pregnancy, to discuss your booking. Arrangements for delivery of your equipment can be made once you have been given the go ahead by your healthcare professional and will depend upon your own personal circumstance.
If after three attempts to contact you to discuss your booking we have not spoken to you your booking will be cancelled.

11. CONDITIONS OF HIRE
11.1 We are confident that the equipment leaves our premises in perfect working order. Birthing Pools, Birth Stools, and Birth Balls are fully inflated for cleaning and for full inspection after every hiring. Tens Machines, Electrical Air Pumps, Emptying Pumps and RCD Safety plugs are also cleaned and tested after every hiring. We are confident that they leave our premises in good condition and perfect working order. You must follow all our assembly, filling, operating and safety instructions as provided in the handbook. Failure to do so will invalidate the guarantee.
11.2 It is the responsibility of you the hirer to ensure the safety of all those involved in the use of the equipment and to make sure that the building in which the equipment is placed is suitable for the purpose, e.g. is weatherproof and can take the weight of the equipment. Except in respect of death or personal injury caused by our negligence, we do not accept liability for any consequential loss or damage, costs, expenses or other claims for compensation whatsoever which may arise out of or in connection with the hiring and use of our equipment. In all other events our liability is limited to return of the hire charge.
11.3 Any fault or failure of the equipment must be reported to us immediately and no attempt to repair it without our authorisation. Any use of the equipment for purposes other than those stated in the contract will invalidate the guarantee.
11.4 The guarantee above covers the replacement of any faulty part. When equipment has left our premises, the faulty item must be returned to us for attention. If a fault causes the equipment to be unusable for the intend use, then a full refund will be made. However, the equipment must have been inflated and tested within 72 hours of receipt otherwise the refund is discretionary.
11.5 The equipment must remain at the address provided and, in your possession, unless otherwise agreed by Mermaid at Heart Ltd. You are responsible for the equipment during the duration of the hire period. None of the equipment should be stored outside. The equipment if for the sole use of the agreed hirer and must not be used by multiple people during the hire period.
11.6 If the equipment is cancelled after it has been dispatched the hire charge is not refundable and any partial refunds are at our discretion.
11.7 You are responsible for anticipating the date of your baby’s arrival. Refunds cannot be made if your baby arrives prior to the equipment, or if the equipment cannot be used in labour due to unforeseen medical or midwifery directed changes of circumstance. We do not offer partial refunds for equipment returned early or unused.
11.8 We wish to make it clear that the equipment has a capital value which means that if for any reason you cannot return it or it is returned unusable at the end of the hire period you are liable for these charges. Also, the hire period will extend until we have a replacement equipment ready to hire out. This also applies to damage or missing accessories such that we will charge you for the replacement parts at cost price. You are expected to take reasonable care of the equipment whilst in your possession. We operate an honesty policy, please notify us if you accidentally damage any of the equipment, please be aware that some damages will have to be paid for. If you fail to notify us of any loss or damage, we reserve the right to charge the full replacement cost, and in some cases, any loss of income and interest. A list of these charges can be found in the handbook.
11.9 As per our guide lines equipment must be cleaned of any stains/marks immediately and it must be fully dry before repacking. The emptying pump must be fully drained and packed away as directed in the handbook, to prevent damage. A charge will be levied for equipment returned wet or damaged, due to you not following our packing guidelines. All equipment will be inspected on return.
11.10 We make no claim as to the medical or other benefits from the use of our equipment and remind all those using them that it is their own decision as to whether the equipment is appropriate for their use or desire.

Throughout these conditions, the term equipment means the birthing equipment and all its subcomponents and accessories.

12. GENERAL
12.1 We will take any necessary steps to recover the equipment if you cannot be contacted or if the equipment is not returned within one month of your hire period expiring. We reserve the right to charge for the cost of replacement, loss if income and all additional expenses incurred.
12.1 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Trading.
12.2 If any part of these Terms of Trading is found to be unenforceable as a matter of law, all other parts of these Terms of Trading shall be unaffected and shall remain in force.
12.3 You and we agree that English law applies to these Terms of Trading and that any dispute between us arising out of or in connection with these Terms of Trading will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
12.4 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
12.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Trading, or if we delay in taking steps against you in respect of your breaking this agreement, 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 we can still require you to make the payment later, failure to pay may result in court action.
12.6 Removal of any additional fees and charges are at the discretion of the Company Director

13. HOW TO CONTACT US
13.1 Please feel free to contact us using the details set out on our Site.

V3.1018 – Published 22nd October 2018 12:00