The Nest Club – Terms and Conditions of Booking and Purchase
This page sets out the terms and conditions (the “Terms”) for: (i) booking our courses and events online; and (ii) booking and purchasing the services and products of third-party providers (“Partners”) online. Please read these Terms carefully before booking with us or purchasing any of our Partner’s products or services. If you agree and accept our Terms, at the time of booking/purchase you will be asked to check a box to confirm that you do so.
Within these Terms “TNC”, “we” or “us” or “our” means Nest Birth and Beyond Ltd t/a The Nest Club (company number: 11478832) and “you” and “your” means you, our client or potential client who is booking a place on one of our courses or events or purchasing one of our Partner’s products or services.
The Booking Process – TNC Courses and Events
1. We advertise our courses and events on our website at www.thenestclub.co.uk (the “Website”). When you click on the ‘book now’ button this becomes a contractual offer between us and you. A contract will be formed between us on the date that your order has been accepted and completed (the “Contract”). The booking process is set out below:
a. select the relevant course/event, location, date and time of the course/event, then proceed to the checkout;
b. if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
c. once you are logged in, you must confirm your order and your consent to our Terms;
d. you will then be asked to either enter your credit or debit card details to pay for your booking. We may also accept payment via PayPal (such payments will be also be subject to PayPal’s terms and conditions);
e. before you place your order, you will have the opportunity to check that it is correct and amend any errors before completing payment; and
f. after you have completed the booking process we will send you a confirmation of your booking via email.
2. If we are unable to accept your order, we will inform you of this via email and will not charge you for the courses/events selected.
Prices for TNC Courses and Events
3. The TNC courses are provided by suitably trained course leaders and experts affiliated to the TNC.
4. Prices for our courses and events are quoted on our Website, but do not include VAT (although this is outlined at the end of booking process). It is always possible that, despite our best efforts, some of the courses we sell may be incorrectly priced. We promise that we will always verify prices as part of the online booking procedure so that the correct price is stated when you pay.
5. With the exception of condition 6 below, payment must be made in full before your booking can be finally confirmed. Payment must be made on our Website with a credit or debit card. If we have not received payment in full in cleared funds before the event or course date, we will decline the booking and you will not receive any booking or payment confirmation from us. Prices can change at any time, but changes will not affect bookings that have already been made on the date of the change.
6. We may offer payment for our courses/events/workshops in instalments via PayPal. To discuss our payments in instalments option, please contact email@example.com. If you choose the option to pay by instalments, the course/event/workshop will be booked once we receive payment of the first instalment in full in cleared funds before the start date. After you have completed the booking process, we will send you a confirmation of your booking via email. Such payments will also be subject to PayPal’s terms and conditions.
7. We reserve the right to change the date or venue of a course/event/workshop, or cancel at any given time (where we have a valid reason to do so) but we will give reasonable notice of the change to you. If we do need to cancel a session where a place has been paid for, we will issue a full refund.
8. For certain courses listed on our Website, the price includes a place for your birth partner. We will require details of your birth partner at the booking stage. For the avoidance of doubt, if you attend a course alone (without a birth partner) this does not reduce the price payable for the course.
Your Cancellation Rights
9. You may cancel your course, event or workshop booking at any time by contacting us by email or phone. A full refund will be given if you cancel at least 8 weeks before the course start date. If you cancel between 4 and 8 weeks before the start date, a 50% refund will be given. If you cancel less than 4 weeks before its start date (unless there are exceptional circumstances) no refund will be given. If you have paid by instalments, the same cancellation conditions apply. You will be entitled to a refund of any instalments, in accordance with the above cancellation periods.
10. There may be certain circumstances, such as not reaching the minimum number of participants, where TNC will require to cancel a course, event or workshop. A full refund of any fees paid will be given in this situation.
11. If, for any reason TNC requires to change or reschedule a course/event/workshop, or a session, you will be given as much notice as possible. In the rare case that a venue needs to be changed, a new venue will be found nearby. In this situation no refund will be offered.
12. Please note that once payment has been made, your space is non-transferrable. This means that if for some reason you cannot attend and are not entitled to a refund, you cannot put the money towards anything else with TNC, including events, other courses/workshops, Products or our Partners’ products or services.
13. If you cancel a booking and are entitled to a refund, we will usually refund using the same method originally used by you to pay for your purchase. We will process the refund as soon as possible and, at the most, within 14 days of the date we received your valid notice of cancellation.
Purchase of Our Products
14. Placing an order and its acceptance: Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the products specified in the order (“Products”) subject to these Terms.
15. Correcting input errors: Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
16. Acknowledging receipt of your order: After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in condition 17.
17. Accepting your order: Our acceptance of your order takes place when we send the email to you to accept it, at which point the contract between you and us will come into existence.
18. If we cannot accept your order: If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
19. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images.
20. The packaging of our Products may vary from that shown on images on our site.
Products – Returns and Refunds
21. You may cancel the contract and receive a refund, if you notify us as set out in condition 22 within 14 days of your decision to cancel the contract.
22. To cancel the contract, you can email us at firstname.lastname@example.org. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your intention to cancel by email, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on that day within the 14-day period.
23. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products and will refund you on the credit card or debit card used by you to pay.
24. If Products have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
Delivery, Transfer of Risk and Title
25. Delivery is complete once the Products have been delivered to you at the delivery address provided by you and the Products will be at your risk from that time. Occasionally our delivery to you may be affected by a force majeure event. See condition 68 (Force Majeure) for our responsibilities when this happens.
26. You own the Products once we have received payment in full, including payment of all applicable delivery charges.
Price of Products and Delivery Charges
27. The prices of the Products will be as quoted on our Website at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
28. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
29. The price of Products excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
30. The price of the Products does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
31. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
a. where the Product’s correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Products to you; and
b. if the Product’s correct price is higher than the price stated on our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
32. Please note that when you decide to purchase our Partners’ products (“Partner Products”) the resulting legal contract is between you and that Partner. Your contract with us shall compromise of these Terms (where applicable), the email confirmation of your order and the applicable details on the Partner Product webpage and you agree to be bound by all such provisions.
33. You should carefully review the Terms, the email confirmation of your order and the applicable details on the Partner Product webpage in relation to the order. If there is any conflict or inconsistency between the Terms and the email confirmation of your order or the applicable details on the Partner Product webpage, the Terms shall prevail to the extent of the conflict or inconsistency.
34. We cannot give any undertaking, that Partner Products you purchase from Partners through our Website will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Partner. Where you order Partner Products through our Website we may disclose your customer information related to that transaction to the relevant Partner.
35. We do not review or control, and are not responsible in any way for, listings provided by Partners and at no time do we possess any items offered for sale by Partners through our Website.
Delivery of Partner Products
Your shopping basket on our Website displays the Partner Products you have selected, the Partner who shall provide them and details of postage and packing. The delivery costs for each Partner vary according to the delivery methods they offer. Any delivery times quoted are in working days. Your order will be fulfilled by the Partner and it is their responsibility to deliver your Partner Products to you.
Return of Partner Products
36. For most Partner Products, you have 28 days to notify the Partner if you want to return or exchange the item and another 14 days to send them back. The return period will expire 28 days from the day on which you receive the Partner Products.
37. How to cancel your order, or return or exchange a Partner Product:
a. Contact the Partner to let them know that you wish to cancel your order, or return or exchange a Partner Product by contacting the Partner directly.
b. If you have already received your Partner Product, package the item up and send it back to the Partner within 14 days of letting them know that you want to cancel your order and return the Partner Product (we recommend you use a signed-for delivery service with proof of postage). Please note that you will have to bear the direct cost of returning the Partner Product.
c. As the Partner’s payment agent, we will process the refund directly to your payment card, in no more than:
i. 14 days after the day the Partner Product is received by the Partner;or
ii. if earlier, 14 days after the date you provide evidence that you have returned the Partner Product to the Partner;or
iii. if there were no goods supplied, 14 days after the day on which you informed the Partner or us (via Step 1 above) about your decision to cancel your order.
38. Please don’t destroy or throw away any Partner Product and, where relevant, the external packaging, even if it’s faulty, before you’ve spoken to the Partner and agreed that doing so won’t affect any refund you may be entitled to.
39. Please note that you are liable for any diminished value of the Partner Product resulting from the handling of the Partner Product in any way other than what is necessary to establish the nature, characteristics and functioning of the Partner Product while you are responsible for it (this includes, in the context of a return, when the Partner Product is in transit back to the Partner).
40. All Partner Services shown on our Website are subject to availability and the images and/or descriptions of the Services on our Website are for illustrative purposes only and actual Partner Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on our Website is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It is each Partner’s responsibility to ensure that all of its Partner Services listed on our Website are available and accurately described.
41. It is your (or the person receiving the Partner Services) sole responsibility to communicate in advance any issue and/or special needs directly to the Partner that might affect or be affected by any Partner Services (for example without limitation, allergy information and health issues). TNC may ask for this information when you book the Partner Services and we will then pass this information on to the Partner. If you (or the relevant recipient of the Partner Services) fail to disclose any such information to the applicable Partner, neither TNC nor the relevant Partner shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Partner Services that could reasonably have been avoided if you (or the recipient of the Partner Services) had disclosed that information directly to the Partner prior to receiving the Partner Services.
Booking Partner Services
42. Our Website allows you to book a range of services from a variety of our Partners (“Partner Services”). Those Partner Services are provided by our various Partners and not by us. The provision of the Partner Services booked via our Website is the responsibility of the Partner who provides them.
43. When you pay for Partner Services via the Website, your payment will be received by us acting as agent on behalf of the Partner and our receipt of the correct payment will discharge your debt to that Partner.
44. When you purchase Partner Services, it will create two binding legal contracts:
a. a contract between you and TNC (under which TNC has certain responsibilities to you in relation to the purchase or booking) (the “TNC Contract”). The TNC Contract is made in accordance with these Terms; and
b. a contract between you and the relevant Partner in respect of the provision or supply of the Partner Services which you book through our Website (the “Partner Contract”).
45. All Partner Services available for purchase on our Website are offered by TNC on behalf of our Partners. Accordingly, TNC takes and concludes your bookings as an agent for its Partners. Therefore, we are not responsible or liable to you for the actual Partner Services that are booked through the Website.
46. We are appointed as the agent of the Partner to conclude bookings on its behalf and the Partner Contract will be formed when we send you a written confirmation (usually by email) (“Order Confirmation”).
Cancellations and Rescheduling
47. If you wish to reschedule your Partner Service details (time/date) (in whole or in part) after you have received an Order Confirmation, you must contact the Partner directly. Please note that the Partner’s ability to accommodate your request will be subject to the Partner’s availability during the time you wish to reschedule. If the Partner is unable to accommodate your request to reschedule your Partner Service whether or not you are eligible for a refund will be as determined by the relevant Partner and the Partner Contract.
48. Please note, you may not be able to reschedule the details of the Partner Service (time/date) (in whole or in part) where your request to reschedule your appointment is outside the permitted notice period for rescheduling, as determined by the relevant Partner and the Partner Contract.
49. If you wish to cancel an Order before you have received an Order Confirmation, please notify us immediately by emailing email@example.com. If you wish to cancel a Partner Contract (i.e. if you wish to cancel an Order after you have received an Order Confirmation), please refer to that Partner’s cancellation policy.
Price and Payment
50. Prices and any applicable delivery and/or processing charges for the Partner Products and Partner Services will be as quoted on our Website but may be subject to change by TNC or our Partners at any time (in which case the Website will be updated accordingly). However, it is possible that, despite our best efforts, some of the pricing and other information shown for certain Partner Products and/or Partner Services is incorrect. If the Partner Product or Partner Service’s correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If your Order has been accepted and you have been sent an Order Confirmation before the pricing error was realised, if the pricing error is obvious and could reasonably have been recognised by you as a pricing error, we will provide you with the option of reconfirming your Order at the correct price, failing which the Order will be cancelled.
51. The Partner has full responsibility for accounting for VAT on the total value of the Order, where applicable. TNC does not charge you VAT on Orders as the Partner Products and Partner Services are provided by the Partner, not by TNC. Therefore, TNC is unable to provide you with a VAT invoice in respect of your Order. You will require to contact the Partner directly to obtain a VAT invoice, where applicable.
53. Payments made through the Payment Facility are processed by third party payment services providers. Therefore, we cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.
54. If you pay for Partner Goods and/or Partner Services via the Payment Facility, TNC will collect the payment in its capacity as the agent of the relevant Partner. Once TNC has successfully received your payment for the Services, this will discharge your debt to the Partner on whose behalf TNC has collected the payment.
55. We reserve the right to withdraw access to our Website and/or cancel any Order in the event that you fail any fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
Resolving Partner Issues/Complaints
56. We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Partners, the Partner Products or the Partner Services, please either:
a. speak to the Partner yourself to try and resolve the issue; and/or
b. email us at firstname.lastname@example.org, and we’ll do our best to help.
57. If you do not resolve the complaint with the Partner, the Partner (in their sole discretion) may offer you an alternative Partner Service, Partner Product or a refund, depending on what is stated in the Partner Contract.
58. Please do bear in mind that, while we take all complaints about our Partners very seriously and will always do what we can to help to resolve them, we are not responsible to you for the Partner Products or the Partner Services and we are under no obligation to provide you with a refund or credit note in the event you are dissatisfied with the Partner Product or the Partner Services you received from our Partners.
59. How to contact us. You can contact us by telephoning us at 0207 164 6610 or by writing to us at email@example.com or at The Nest Club, 85 Great Portland Street, London, W1W 7LT.
60. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Our Responsibility for Loss or Damage Suffered by You
61. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
62. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
63. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these Terms.
64. The limitations and exclusions of liability set out in this section, and elsewhere in these Terms are subject to the preceding paragraph and govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
65. We will not be liable to you in respect of any losses arising out of a force majeure event (referred to in condition 68 below).
66. We warrant that the services provided under these Terms will be provided with reasonable skill and care.
67. You warrant and represent to us that:
a. you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms;
b. the information provided to us is accurate and complete;
c. you will be able to attend the course, event or workshop at the time and in the place advertised; and
d. you are at least 18 years of age.
68. A force majeure event means any event which is beyond our reasonable control. Where a force majeure event gives rise to a failure or delay in us performing our obligations under these Terms, those obligations will be suspended for the duration of the force majeure event.
70. Contracts under these Terms may only be varied by an instrument in writing signed by both you and us. We may revise these Terms from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
71. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
72. No waiver of any provision of these Terms, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms.
73. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these Terms, at any time, providing, where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these Terms.
74. Each contract under these Terms is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
75. These Terms contain the entire agreement and understanding of the parties in relation to the events or courses booked on our Website, and supersede all previous agreements and understandings between the parties in relation to an course booked on our Website; and each party acknowledges that no representations not expressly contained in these Terms have been made by or on behalf of the other party in relation to the booking of an event or course on our Website.
76. These Terms will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these Term