Terms & Conditions

Last Updated Date: 27 April 2021

Please read these terms and conditions carefully before purchases any of Our Service or Goods

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just get in touch with us via this form.

Application

1. These Terms and Conditions will apply to the purchase of the Services and Goods by you the Customer (or you).

2. natural fertility matters of the U.K. are the Supplier (or us or we).

3. These are the terms on which we sell all Services and Goods to you. By purchasing any of the Services, you agree to be bound by these Terms and Conditions.

4. You can only purchase the Services and Goods from us if you are at least 18 years old.

Definitions

For the purposes of these Terms and Conditions:

5. Customer means a person, or at most 2 related persons (usually in a personal relationship), purchasing of Services and Goods from us.

6. Contract means the legally binding agreement between you and us for the supply of Services or Goods;

7. Customer Address means the address that any physical Goods the Customer has purchased will be delivered to.

8. Supplier Premise means the physical premise, or an online meeting and conference facility, where the Supplier will deliver the Services to the Customer.

9. Electronic communication means any electronic exchange of information that is used by us to communicate with the Customer. These will include emails, text messages, phone calls, online meetings, and conference facilities.

10. Goods mean any goods that we supply to you with the Services, of the number of units and description as set out in the Order;

11. Order means the Customer’s order for the Services or Goods from the Supplier that the Customer has submitted using the Website or via an electronic communication to the Supplier;

12. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

13. Services mean the services advertised on the Website, including any Goods, of the number and description set out in the Order. They will include one-off Services and Subscription-based Services. All of our Services are personalised for each Customer.

14. One-off Services mean Services to be delivered once only.

15. Subscription-based Services mean multiple one-off Services to be delivered across a number of months.

16. Website means this website, https://www.naturalfertilitymatters.com/.

Links to Other Websites

17. Our Service and Goods may contain links to third-party websites or services that are not owned or controlled by the Supplier.

18. The Supplier has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

19. You further acknowledge and agree that the Supplier shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

20. We strongly advise the Customer to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Services & Goods

21. The description, fees and additional terms and conditions for each of our Services and Goods are as set out on the Website.

22. In the case of any Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

23. All Services and Goods which appear on the Website are subject to availability.

Customer’s Responsibilities

24. You must support us in all matters relating to the Services and Goods, by providing us with all information that we request of you, so as to enable us to deliver the Services and Goods to you.

25. Failure to comply with the above, or if you fail to remedy it following our request, we can terminate our Services or Goods to you with immediate effect on written notice to you.

Personal Information

26. We retain and use all information strictly under our Privacy Policy on the Website.

27. We may contact you by using electronic communication and you expressly agree to this.

Basis of Sales

28. The description of the Services and any Goods in the Website does not constitute a contractual offer to sell the Services or Goods.

29. The Customer can submit an Order either by

• booking an appointment for one-off Services on the Website,

• ordering Goods available on the Website

• accepting an invitation to any of our subscription-based Services sent to you via electronic communication.

30. We reserve the right to reject any submitted Order.

31. A Contract will be created for the ordered Services or Goods when you receive electronic communication from us confirming the Order, or when you accept to pay for the Order (Order Confirmation). You will receive the Order Confirmation within a reasonable time after the Order has been accepted by us. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors.

32. Any quotation of Fees (as defined below) is valid for a maximum period of 30 calendar days from its date unless we explicitly withdraw it at an earlier time.

33. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

34. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer.

Fees & Payments

35. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges are those advertised on the Website at the date we accept the Order or such other price as we may agree in writing.

36. Fees are not subject to any VAT.

37. Fees can be settled online via Payment links, or Bank Transfers, as per the details provided by us.

Delivery of Services

38. We will deliver the Services at the Supplier Premise on the appointment date time that we agree with the Customer.

39. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees, and will require mutual agreement.

Delivery of Goods

40. We will deliver any Goods to the Customer Address within the agreed period or, failing any agreement without undue delay and, in any event, not more than 30 calendar days after the day on which the Contract is entered into.

41. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract of the Good at an end if:

• we have refused to deliver the Goods, or if delivery on time is essential, considering all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

• after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

• if you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

42. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from canceling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such canceled or rejected Goods.

43. If the Goods have been delivered and you treat the Contract at an end, you must return the Goods in their original unused conditions to us and we will pay the costs of this.

44. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

45. You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

46. If you fail, through no fault of ours, to take delivery of the Services at the Customer Address, we may charge the reasonable costs of storing and redelivering them.

47. The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.

Risk & Title

48. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

49. You do not own the Goods until we have received payment in full.

50. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return the Goods, or allow us to collect them.

Cancellation of Contract of Services or Goods

51. The Customer can cancel a Contract for One-Off Services before the Services is due to be delivered by sending us an electronic communication. The Customer will not be charged.

52. The Customer cannot cancel a Contract for One-Off Services if the Services has already delivered to the Customer, who will be required to pay for the Services.

53. Beyond the Cooling-Off Period (see next section) the Customer can cancel a Contract for a Subscription-based Services by providing 1 month notice period to the Supplier via electronic communication:

• the Customer will be required to pay the Minimum Spend for the relevant Subscription-based Services as originally agreed with the Customer in the Order Confirmation.

• subject to discretion solely by the Supplier, an amount lower than the Minimum Spend may be charged instead if your circumstances change significantly.

54. Beyond the Cooling-Off Period (see next section) the Customer cannot cancel a Contract for Goods already received by the Customer.

55. We will acknowledge and respond to a cancellation request raised at any time without delay.

The Cooling-Off Period

56. Within the Cooling-Off Period, the Customer can cancel a Contract a Subscription-based Services or Goods already received by the Customer without giving any reason.

57. The Cooling-Off Period will expire 14 calendar days from the day the Contract was entered into, or confirmed.

58. To exercise the right to cancel, you must inform us of your decision to cancel this Contract, before the Cooling-Off period has expired, via electronic communication.

59. We will acknowledge and respond to a cancellation request within the Cooling-off Period without delay.

60. We will not begin the supply of a Service (being part of a Subscription-based Services) before the end of the Cooling-Off Period unless you have made a request for our Service. The request may be initiated by you to us using any form of electronic communication.

61. Except as set out in the next paragraph, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Services supplied during the Cooling-Off Period

62. Where a Service is supplied (as part of subscription-based services) before the end of the Cooling-Off Period in response to your express request to do so, you must pay an amount for the service already delivered.

63. We will determine a refund amount based on the fees for the equivalent One-Off Services as advertised on the Website. We will seek an agreement with you on the calculated amount before we issue any refund.

64. You will not be required to pay for any Service that you receive, in full or in part, in this Cooling-Off Period if you did not request explicitly for this Service within the Cooling-Off Period.

Deduction for Goods supplied during the Cooling-Off Period

65. You can request to cancel any Goods received within the Cooling-Off Period without any reason.

66. You will be responsible for returning any unused units of the Goods that remain in their original sealed format and can be re-sold.

67. You will be responsible for any additional postage and package for returning them to us.

68. We will determine a refund amount based on the number of unused units that have been returned to us. We will seek an agreement with you on the calculated amount before we issue the refund.

69. We will not reimburse you any used units of Goods and you are not required to return them.

70. You must return any unused units of Goods to us without delay, and in any event not later than 14 calendar days from the day on which you communicate to us your cancellation of this Contract, to the Supplier Premise.

71. The deadline is met if you send back the Goods before the period of 14 calendar days has expired.

72. You agree that you will have to bear the cost of returning the Goods.

73. We will confirm the Supplier Premise via electronic communication.

Refund

74. We will make the refund to your bank account, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

75. We will make the refund without undue delay, and not later than:

• 14 calendar days after the day we receive back from you any returned and unused units of Goods, or

• (if earlier) 14 calendar days after the day you provide evidence that you have sent back the Goods, or

• 14 calendar days after the day on you informed us of your decision to cancel this Contract for any subscription-based contract.

Conformity

76. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

77. Upon delivery, the Goods will:

• be of satisfactory quality;

• be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

• conform to their description.

78. It is not a failure to conform if the failure has its origin in your materials.

79. We will supply the Services with reasonable skill and care.

80. In relation to Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract.

81. Anything you consider is subject to anything that was written to you by us; or expressly agreed between us in writing, at any point in time with or without a Contract.

Our sub-contractors

82. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties under the Contract.

83. Only the Supplier can transfer the benefit of this Contract to any sub-contractors who perform its duties.

Circumstances beyond the control of either party

84. In the event of any failure by a party because of something beyond its reasonable control:

• the party will advise the other party as soon as reasonably practicable; and

• the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel).

Privacy

85. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

86. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy on the Website.

87. For the purposes of these Terms and Conditions:

• ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

• ‘GDPR’ means the UK General Data Protection Regulation.

• ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

88. We are a Data Controller of the Personal Data we process in providing the Services and Goods to you.

89. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

• before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

• we will only Process Personal Data for the purposes identified;

• we will respect your rights in relation to your Personal Data; and

• we will implement technical and organisational measures to ensure your Personal Data is secure.

90. For any enquiries or complaints regarding data privacy, please get in touch with us via the form on the Website.

Excluded Liabilities

91. The Supplier is not liable for

• loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or

• loss (e.g. loss of profit) to your business, trade, craft, or profession which would not be suffered by a Customer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

92. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

93. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

94. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.

95. We aim to follow these codes of conduct, copies of which you can obtain as follows: IIRRM Code of Ethics available on https://iirrm.org/code-of-ethics/.