T&C’s

LIFE THROUGH DESIGN
Terms and Conditions

1. Definitions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Consultation Process: the process prior to any contract being entered into for the Services as set out in clause 2.5; including but not limited to, our provision to you of our audio visual brochure and any initial consultations offered by us. This process is free of charge but may be subject to a confidentiality agreement;
Contract: any contract for the sale of Products and/or Services as set out in the Order;
Event Date: the date the Services are booked for as set out on the Order;
Event Outside Our Control: is defined in clause 12.2;
Goods: the literature and/or presentation materials that We are selling to you as set out in the Order;
Order: your order for the Goods and/or Services;
Product: the products We create and provide for you as part of the Services, as set out in the Order;
Services: the services that We are providing to you as set out in the Order;
Terms: the terms and conditions set out in this document; and
We/Our/Us: Life Through Design (t/a Intelligent Parenting) a company registered in England with company number 05812010 whose registered office is Heal House Coach House, High Street, Paulton Bristol BS39 7NW.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.
2.2 We may amend these Terms from time to time as set out in clause 3. Every time you wish to order Products or Services, please check these Terms to ensure you understand the terms which will apply at the time. Every time you place an Order, the Terms in force at the time of your Order will apply. These terms were most recently updated in April 2015.
2.3 Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.4 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Order.
2.5 These Terms will become binding on you and Us when:
(a) In the case of Goods purchased on Our website, when We contact you to tell you that We are able to provide you with the Goods in accordance with your Order;
(b) In the case of an Order for Services, following the Consultation Process and when you have paid to Us the 50% deposit pursuant to clause 10.7.
at which point a contract will come into existence between you and Us.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7 The images of the Goods on Our website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
3. Changes to order or terms
3.1 We may revise these Terms from time to time to reflect the changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause ??, We will give you written notice of any changes to these Terms before they take effect. You can then choose to cancel the contract in accordance with clause 13.2(c) or 14.3(c).
3.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clauses 13 and 14.
4. Confidentiality
4.1 Both you and Us shall keep secret and confidential any information relating to the processes and methodologies associated with our Services or any other information of a confidential nature communicated to each other during the course of the Consultation Process and the Services.
4.2 The provisions of this clause 4 will remain in force notwithstanding completion of the Order or earlier termination of the Order.
5. Delivery of goods
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow for extra time for deliveries to the Scottish Highlands and Islands.
5.2 We will contact you with an estimated delivery date. Delivery is estimated to take 2 – 3 days from the date the contract comes into existence pursuant to clause 2.5. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 12 for Our responsibilities when this happens.
5.3 If you have purchased and paid for the Goods in electronic format delivery will take place immediately by way of an instant download.
5.4 All orders within mainland UK incur a delivery charge of £1.25. All other Orders incur a delivery charge of £4.75.
5.5 All deliveries will need to be checked and signed for upon arrival.
5.6 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.
5.7 If we miss the delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply:
(a) We have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told Us before we accepted your order that delivery within the delivery deadline was essential.
5.8 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 5.7, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel your Order if We do not meet the new deadline.
5.9 If you do choose to cancel your Order for late delivery under clause 5.7 or clause 5.8, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.
5.10 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us and the Goods will be your responsibility from that time.
5.11 You own the Goods once We have received payment in full.
6. If the goods are faulty
Where you are contracting as a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. Third-party manufacturer’s guarantee of goods
7.1 The Goods come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods.
7.2 This guarantee is in addition to, and does not affect, any legal rights you might have as a consumer in relation to the Goods that are faulty or not as described. Advice about your legal rights as a consumer is available from your local Citizens’ Advice Bureau or Trading Standards office.
8. Providing services
8.1 We will supply the Services to you on the Event Date as agreed between Us and as set out in the Order.
8.2 We will make every effort to complete the Services on that date. However, there may be delays due to an Event Outside Our Control. See clause 12 for Our responsibilities when an Event Outside Our Control happens.
8.3 We will need certain information from you that is necessary for Us to provide the Services, for example, your contact details, the contact details of the relevant contact in your finance department and the address of the venue together with the contact details of the relevant contact there. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If We suspend the Services under this clause 8.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay any invoices We have already sent you.
8.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices We have already sent you.
8.5 If you do not pay Us for the Services when you are supposed to as set out in clause 10.7, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 10.10). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 10.9.
8.6 If We design the Product for you, We will own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings or illustrations We make in connection with the Product for you.
9. If there is a problem with the services
9.1 In the unlikely event that there is any defect with the Services or Product:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to remedy any defect in the Product; and
(c) We will use every effort to remedy any defect as soon as reasonably practicable.
You will not have to pay for Us to remedy a defect with the Services or Product under this clause 9.1.
9.2 Where you are contracting as a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
10. Price and payment
10.1 The price of the Goods and/or the Services will be set out in Our price list in force at the time you place your Order. Our prices may change at any time, but price changes will not affect Orders that you have already placed.
10.2 These prices include VAT (where applicable). However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
10.3 The prices for the Goods exclude delivery costs, which will be added to the total amount due.
10.4 We shall be entitled to charge you for any expenses incurred in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses. These costs will be added to the total amount due.
10.5 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on Our site, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
10.6 Where We are providing Goods to you, you must make payment for Goods in advance by Paypal online at the time of ordering.
10.7 Where we are providing Services to you, the following payment terms will apply:
(a) you will be required to make a deposit payment of 50% of the price (plus a sum in respect of VAT thereon) of the Order within 10 days of the date of the Order was placed to secure the Event Date;
(b) you are required to pay the balance of the Order price 20 days prior to the Event Date. Failure to pay the balance will result in Us not providing the Service and the deposit will not be refundable. Interest will be charged pursuant to clause 10.9.
10.8 Notwithstanding clause 10.7, where the completion of Services is delayed or prevented due to an Event Outside Our Control, we reserve the right to raise interim invoices reflecting the cost of any Services carried out.
10.9 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc 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.
10.10 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 10.9 will not apply for the period of the dispute.
11. Our liability to you
11.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
11.2 We only supply the Goods and/or Services or Product for private use. You agree not to use the Goods and/or Services or Product for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987
11.4 For the avoidance of doubt, we shall have no liability to you, whether contractual, tortious or statutory, during the Consultation Process.
12. Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects the Event Date, a new Event Date must be booked within 30 days of the Event Outside Our Control occurring.
12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 13 and 14. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 15.
13. Your rights to cancel and applicable refund (Services)
13.1 Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) subject to (b), (c) and (d) below, you may cancel any Order for Services prior to the Event Date by contacting Us with your Order reference number, name and the date your Order was placed. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 13.1(a) up to 10 days before the Event Date, We may, at Our discretion, refund one third of the Order price to you;
(c) if you cancel an Order for Services under clause 13.1(a) within 10 days of the Event Date, no refund will be given;
(d) However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
13.2 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 30 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
14. Your rights to cancel and applicable refund (Goods)
14.1 Before the Goods are delivered, you have the following rights to cancel an Order for, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
(a) Subject to (b) and (c) below, you may cancel any Order for Goods within 7 calendar days of placing an Order by contacting Us with your Order reference number, name and code of any Product and the date your Order was placed. We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 14.1(a) and you have made any payment in advance for Goods that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts and any delivery charges to you;
(c) unfortunately, if you cancel an Order for Goods under clause 14.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
14.2 Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
14.3 Once We have begun to provide the Goods to you, you may cancel the contract for Goods with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 30 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
15. Our rights to cancel and applicable refund
15.1 We may have to cancel an Order before the Event Date or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. If this happens:
(a) We will promptly contact you to let you know;
(b) if you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you.
15.2 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 10.6 or 10.7. This does not affect Our right to charge you interest under clause 10.9; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
16. Disclaimer
In the event that you ask us to carry out any Services that do not comply with the law, we may terminate the Services with immediate effect. In these circumstances any refund is at Our discretion.
17. Information about us and how to contact us
17.1 We are a company registered in England and Wales. Our company registration number is 05812010 and Our registered office is at Heal House Coach House, High Street, Paulton, Bristol BS39 7NW.
17.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 07810 328600 or by e-mailing Us at support@intelligent-parenting.co.uk.
17.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail, by hand, or by pre-paid post to Life Through Design Limited, Heal House Coach House, High Street, Paulton, Bristol BS39 7NW. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
18. How we may use your personal information
18.1 We will use the personal information you provide to Us to:
(a) provide the Goods and/or Services;
(b) process your payment for such Goods and/or Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
18.2 We will not give your personal data to any third party.
19. Other important terms
19.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
19.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 7.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
19.3 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.
19.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
19.5 We own all intellectual property rights (including copyright) relating to the Consultation Process, Product and Services that we provide to you. The provision of the Consultation Process, Product and Services does not amount to an assignment or licence of any intellectual property rights or copyright.
19.6 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.