Terms of service

OUR TERMS

Age. You may only order Classes or purchase Products from our Website if you are at least 18 years’ old. By submitting an order through our Website you agree and confirm that you are at least 18 years’ old. If you are underage, please do not attempt to place an order for Classes or Products from our Website.

Contact Information

We are Whistle-Tot Lane and run as a sole trader by Lucy Porter. Address 1 Packman Green, Countesthorpe, Leicestershire LE8 5WS. You can contact use by telephone 07973954132 or writing to us via email at whistletotlane@gmail.com or postal address 1 Packman Green, Countesthorpe, Leicestershire LE8 5WS

If we need to contact you we will do so via correspondence and contact information you provide when making an order with us. This could include telephone, email or postal address.

Our contract with you

The website will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each step of the order process to ensure information you provide is correct and you are placing the correct order.

After you place an order on our Website, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

You will receive a confirmation of your order once it has been accepted. Sometimes, we may reject orders. This might be because the Class or Classes you have booked is/are full, a Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Classes and/or Product. If this happens, we will inform you as soon as possible in writing and will refund any sums paid.

Unfortunately, we do not accept orders from, or deliver Products to, addresses outside the UK.

Services

Once the order has been accepted. This shall entitle the named adult or nominated adult to attend the session at the date(s), time(s) and location(s) set out in your order with a child/ren under the age of 6. Children under the age of 9 months do not need an order to attend a session.

All sessions operated by us are strictly a leisure activity provided at a fixed date and time with limited capacity, you do not have the legal right to change your mind and receive a refund under the Consumer Contracts Regulations 2013.

Once we have confirmed your order a contract is in place between you and us, your order for sessions is non-refundable and you do not have the right to receive a refund or any credit for any sessions you do not attend.

You shall be responsible for your child’s safety and behaviour at a session and we have the right to remove you and your child from a session if in the opinion of the person delivering session your child’s behaviour is inappropriate, offensive, disruptive or could cause harm to themselves and others within the session.

We may make to minor changes to the sessions to reflect changes in relevant laws and regulatory requirements and/or to implement minor adjustments and improvements;

The theme and content of the sessions shall be at our sole discretion;

Due to circumstances outside our control, we may have to cancel a session or change the venue, date and or/time of a session in which case we will tell you in writing as soon as possible and you shall have the right to attend another session delivered by us or receive a refund if the session is not rearranged or you are unable to attend a rearranged session;

You shall cooperate with all reasonable instructions and directions issued by us (including, without limitation, in relation to health and safety matters),

You must not take photographs at any session which include any individuals under the age of 18 who are not your own children.

You must not attend a session with a child if that child is ill, has a contagious illness or a reasonable person would consider that child to have a contagious illness; and

If a nominated adult is attending the session in your place they must comply with the above terms.

Our Products

Products may vary slightly from their pictures. The images of any Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.

Minor changes to the Products. We may change our Products to reflect changes in relevant laws and regulatory requirements; and/or to implement minor technical adjustments and improvements.

Delivery costs and time. The costs of delivery of our Products will be as displayed to you on our website for equipment hire.

We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

When you become responsible for a Product. When hiring equipment from us a Product will be your responsibility from the time we deliver the Product to the address you gave us.

Your legal right to change your mind in relation to Products ordered on our Website

Your legal right to change your mind for Products. For all Products bought on our Website you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs.
The deadline for changing your mind. If you change your mind about a Product you must let us know no later than 14 days after the day we deliver your Product. If you have ordered more than one Product and delivery is split into several deliveries over different days, this period runs from the day after the last delivery.
How to let us know. To let us know you want to change your mind in relation to a Product and cancel the contract: -

please contact us using the details set out at clause 2.2 (this is usually the quickest and easiest way especially if you wish to change your mind before a Product has been dispatched); or
please print and complete the cancellation form at Schedule 1 and submit it to us by email or post using the details at clause 2.2.

You have to return Products at your own cost. If you are returning a Product, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can send the Product back to us, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don't do this and we don't receive the Product at all or within a reasonable time we won't refund you the price you paid for them. For help with returns, please contact us using the details set out at clause 2.2.
We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged a Product. If you handle a Product in a way which would not be acceptable in-store at a shop, we may reduce your refund, to compensate us for its reduced value. For example, we may reduce your refund if the Product's condition is not "as new” or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.
When and how we refund you. Where you have returned Products to us after exercising your right to change your mind, we will refund you within 14 days of receiving the Product(s) back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

 Our rights to end the contract with you

We may end the contract if you break it. We may end the contract for Classes and/or a Product at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
you do not, within a reasonable time, allow us to deliver the Product;
you commit a material breach or a series of persistent breaches of these Terms.

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for Classes or Products which we have not provided but we may deduct or charge you reasonable compensation for the net costs and losses we will incur as a result of your breaking the contract (including with reference to any Classes which we are unable to rebook).

 If there is a problem with the Services (i.e. Classes) or Product

How to tell us about problems. If you have any questions or complaints about the Classes or Products, please contact us using the details at clause 2.2.
Summary of your legal rights. We are under a legal duty to supply services and Products that are in conformity with this contract. We honour our legal duty to provide you with Services and Products that are as described to you on our Website and that meet all the requirements imposed by law. In summary, the Consumer Rights Act 2015 states that services (i.e. Classes) must be provided with reasonable care and skill and that Products must be as described, fit for purpose and of satisfactory quality – for detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms will affect your legal rights.
Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must post them back to us. We will pay the costs of postage. Please call us using the details set out clause 2.2 to arrange a return.

 Price and payment

Where to find prices. The price of the Classes and Products (which includes VAT if applicable) will be the price indicated on the order pages of our Website when you placed your order. We use our best efforts to ensure that the price of the Classes and Products advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of a Class or the Product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the Classes or Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Classes or Product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Classes and Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. The payment methods we accept are detailed on our Website. For Classes and Products, you must pay on order and our Website will guide you through this.

 Our responsibility for loss or damage suffered by you

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.
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;
fraud or fraudulent misrepresentation;
breach of your legal rights in relation to the Products as summarised at clause 8.2;
defective Products under the Consumer Protection Act 1987.

We are not liable for business losses. We only provide the Classes and the Products for domestic and private use. If you use the Products or the Classes for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 Personal Data

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy which can also be found on our Website.

 Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person in respect of a Class and you must give us reasonable notice 5 days before commencement of the Class and we must agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
If a court finds part of this contract illegal, the rest will continue in force. 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.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.
Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.