TERMS & CONDITIONS
Baby and Me Lifestyle Discount Scheme terms and conditions of membership
- Your renewal date is the expiry date shown on your physical membership card.
- When you accept the terms & conditions you agree to go ahead with the service.
- Your 14-day cooling off period starts the day after you agree to go ahead with the service, this does not apply to subsequent renewals.
- You will receive your membership card within 30 days [clause 8.1 and 8.2]
- We Limit our liability to you [clause 10]
1.1 This document sets out the terms and conditions on which we provide access to the baby and me lifestyle discount scheme (membership).
Please read these terms and conditions carefully and make sure that you understand them, before ordering a membership from our site. You should understand that by ordering a membership, you agree to be bound by these terms and conditions.
1.2 You should print a copy of these terms and conditions for future reference.
1.3 We will use your personal data in the provision of your Membership to you, in accordance with clause 1.6.
1.4 Please understand that if you refuse to accept these terms and conditions you will not be able to activate your Membership.
1.5 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you ordered a membership from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
1.6 Purpose of the processing and the legal basis for the processing of personal data
For us to fulfil our contractual and customer obligations, there is a requirement to collect specific personally identifiable information relating to our customers. There are a couple of legal bases for the processing of such personally identifiable information. If you sign up on our website or one of our landing pages, then personal information is processed on the basis that we have a legitimate interest in doing so. For marketing communications, if you are an existing member we use the legitimate interest legal basis to provide marketing communications. However, you will always have the option of unsubscribing from these emails. If you are a new customer, you will be required to provide consent by checking an ‘opt in’ box. If you provide this consent, you will always have the option to unsubscribe from marketing. If you do not provide this consent you will only receive transactional emails and emails that you are required to be made aware of (e.g. updates to terms etc).
1.7 We have a legitimate interest in further processing the information which is provided you at the point of sale for marketing purposes. We may also use your information for other specific legitimate purposes such as:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have either explicitly consented to or we believe you have a legitimate interest in.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties, such as but not limited to participating retailers to use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by e-mail, post or telephone.
- Information about us
2.1 The Membership is operated by Baby & Me Card Ltd 11716728 a company registered in England whose registered office is at Unit 19 The Tangent, Weighbridge Road, Shirebrook, NG20 8RX
- Your status
3.1 By placing an order for a membership you warrant that you are legally capable of entering into binding contracts and you are at least 16 years old.
3.2 We can only deal with the member about a membership so any contact with us regarding the membership should only be made by the member.
- How the contract between you and us is formed
4.1 The contract between us will only be formed when you accept the terms and conditions of the membership. This acceptance confirms you agree to go ahead with the service.
5.1 Please note your membership is continuous and is renewed automatically at the end of each membership period. If you are a member issued with an annual membership and have supplied an email address, we will send you an electronic reminder towards the end of your membership term to advise you of the details of the new subscription. Your renewal date is the expiry date shown on your physical and digital membership card. We will not be liable for any non-receipt of communication from us, including non-receipt of the renewal reminder. You are required to inform us if you change your correspondence address (both email and postal).
5.2 If you do not want to renew your membership you should contact us by e-mail Hello@babyandmecard.c.uk at any point within your membership period and no later than 5pm on the working day preceding the expiry date of your current membership.
- Consumer rights
6.1 The 14-day cooling-off period starts the day after you agree to go ahead with the service. This does not apply to subsequent renewals. From time to time certain promotions may have different requirements regarding the cancellation period.
6.2 To cancel your membership during the cooling off period, you should contact us by telephone [INSERT NUMBER] or by e-mail [INSERT E-MAIL ADDRESS]. Upon cancellation, you will receive a confirmation email; it is recommended that this is kept for your own personal records.
6.3 If you cancel your membership within the cooling off period, you will be entitled to a refund of your membership, less a pro-rata charge for the period of cover. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiry of the cooling off period.
- Price and payment
7.1 The price of the membership will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Prices include VAT.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
7.4 Payment must be by credit or debit card, or by such other method as we may agree from time to time. We will charge your credit or debit card when your order is placed.
7.5 Where a physical card has been purchased there is an admin charge for a replacement card should you require one.
- Your membership and use at Participating retailers
8.1 You will receive your membership card within 30 days of your contract being formed (clause 4.0), unless there are exceptional circumstances.
8.2 Once your order has been accepted, we aim to dispatch your welcome pack within 7 days. If you do not receive your welcome pack, you must contact us within 30 days to request a replacement. If you do not contact us within 30 days any replacement card that is issued will be subject to an administration fee and be issued with the original expiry date (only applicable for physical card orders).
8.3 Participating retailers may exclude certain products and sale items. Discount is based on full priced items. only at retailer discretion will the discount be on sale items.
8.4 Offers advertised on our website are only available to members who present a valid membership. Such offers may not be available in conjunction with any other offers that participating retailers may be running.
8.5 The expiry date of each membership will vary and will always be checked by the participating retailer. Expired memberships are not accepted by participating retailers.
8.6 Memberships and any discount codes provided to members are strictly non-transferable and can only be used by named members. Any attempted misuse of the memberships may result in confiscation and termination of your membership.
8.7 We will use reasonable endeavours to update our site to show the particulars of participating retailers and the terms of their availability. Participating retailers may, however, be entitled to withdraw or to change the terms and conditions of their availability after you have become a member and we shall have no liability for any such withdrawals or changes in terms and conditions or availability.
8.8 Members will have the benefit of any additional retailers which join at a later date and any increase in availability of participating retailers.
8.9 Any printed marketing material is intended as a guide about retailers who are participating at the time of publication and, therefore, may not include all participating retailers at any one time.
8.10 Participating retailers may check the validity of your membership and refuse to accept its validity.
- Our liability
10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, our liability to you will be limited to the membership fee.
10.2 Subject to clause 10.3, we will not be liable for any losses that result from our failure to comply with these terms and conditions that fall into the following categories:
10.2.1 Loss of income or revenue;
10.2.2 Loss of business;
10.2.3 Loss of profits; or
10.2.4 Loss of anticipated savings.
10.3 Nothing in this agreement excludes or limits our liability for:
10.3.1 Death or personal injury caused by our negligence;
10.3.2 Fraud or fraudulent misrepresentation;
10.3.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
10.3.4 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.4 Where you receive services and/or purchase goods from any participating retailer, any losses or liability arising out of, or in connection with, such services and/or goods shall be the relevant participating retailer’s liability. We accept no liability for any faulty or defective goods. We will not become involved in any dispute between you and any retailer.
10.5 We do not give any warranty for any goods or services accessed through, or displayed on, our site.
11 Written communication
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.1 All notices given by you to us must be given to Baby & Me Card Ltd at Hello@babyandmecard.co.uk
. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.1 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
14.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15 Third party rights
15.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
16 Entire agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
17 Law and jurisdiction
17.1 This agreement shall be interpreted in accordance with the English law and subject to the exclusive jurisdiction of the English Courts.