Terms of Service

STANDARD TERMS AND CONDITIONS

These Terms and Conditions govern all transactions and bookings made with The Sleepy Sunflower. By engaging with our services, you agree to comply with these terms and conditions.

1. INTERPRETATION

1.1. We reserve the right to amend these Terms and Conditions at any time. Clients will be notified of significant changes via email or on the website, requiring acceptance upon any subsequent bookings.

1.2. We reserve the right to refuse service to any individual who violates these terms or behaves in a manner that is abusive, inappropriate or disruptive to our staff or other clients.

1.3. In these Terms and Conditions, the following words and expressions will have the following meanings unless the context otherwise requires:

CLIENTS: Refers to the parents/guardians of the child.

COMPANY (“we” “us” “our”): Refers to The Sleepy Sunflower.

CONSULTANT: Refers to any sleep consultant employed or contracted by The Sleepy Sunflower.

SERVICES: Refers to sleep consultancy services provided by The Sleepy Sunflower.

2. THE SERVICE

2.1. The Sleepy Sunflower provides professional, non-medical sleep consultancy services specifically for families with children aged 0-6 years. Services are not suitable for children over the age of 6.

2.2. Support is offered through tailored consultations conducted online or in person, focusing on sleep education, routines and best practices. Advice provided is informational only and does not replace medical guidance.

2.3. The Sleepy Sunflower complies with all relevant laws, including but not limited to the Consumer Rights Act 2015, the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).

2.4. The Sleepy Sunflower does not provide medical advice, diagnosis or treatment. The information and guidance provided by The Sleepy Sunflower are for educational purposes only and are based on experience and general best practices in child sleep consultancy. Our services should not be used as a substitute for medical advice from a qualified healthcare provider.

2.5. Clients are responsible for seeking medical advice from a licensed medical professional, such as a paediatrician or GP, regarding any health concerns, underlying medical conditions, feeding issues, breathing irregularities, or any other health-related concerns about their child.

2.6. The Sleepy Sunflower does not diagnose, treat or make medical recommendations, including but not limited to allergies, colic, reflux, sleep apnoea or other medical conditions that may impact sleep. If a child’s sleep difficulties may be linked to a medical issue, The Sleepy Sunflower strongly advises Clients to seek advice from a medical professional before proceeding with any sleep plans.

2.7. By engaging in our services, Clients confirm that their child is in good health, has no medical conditions affecting sleep, and that they have consulted a healthcare professional where necessary.

2.8. The Sleepy Sunflower does not provide emergency support or crisis intervention. If a Client believes their child is experiencing a medical emergency, they must seek immediate medical assistance by contacting emergency services or a healthcare provider. The Sleepy Sunflower will not be held responsible for any delays in medical intervention resulting from reliance on sleep consultancy services.

3. BOOKING PROCESS

3.1. Clients may book via telephone, email, direct messaging on social media, or text messages.

3.2. Bookings are not confirmed until payment has been made according to the payment terms in Clause 5.

3.3. Payments must be made by the due date stated on the invoice. If advance payment is required and is not received, the booking will automatically be cancelled.

3.4. The Sleepy Sunflower reserves the right to refuse or cancel a booking at its discretion.

3.5. Clients must disclose any known medical conditions that may impact sleep, including but not limited to reflux, colic, allergies, sleep apnoea, respiratory issues or any diagnosed condition. The Sleepy Sunflower reserves the right to decline services if a medical issue is suspected and has not been reviewed by a qualified healthcare professional.

4. PRICES

4.1. Prices for services will be provided upon request and are subject to change at the discretion of The Sleepy Sunflower.

4.2. Prices include all applicable taxes unless otherwise stated.

5. PAYMENT TERMS AND METHODS

5.1. Payments must be made via BACS or Stripe.

5.2. The Sleepy Sunflower uses third-party payment processor Stripe to process payments. All transactions are subject to the privacy policies, terms and conditions of Stripe and the Client’s credit card issuer.

5.3. Stripe charges a transaction fee. Clients should refer to Stripe’s website for accurate fee details.

5.4. The Sleepy Sunflower is not responsible for any price changes implemented by Stripe.

5.5. The Client acknowledges that they are responsible for any price increase set by Stripe.

5.6. The Sleepy Sunflower is not liable for any issues arising from Stripe’s platform, including but not limited to service outages, data breaches or processing errors.

5.7. Payments must be received in full by the invoice due date and prior to the creation of any sleep plan or provision of services.

5.8. Late payments may result in service delays or cancellation.

5.9. If services are provided prior to payment, payment must be made within 5 days of the service being provided.

5.10. Late payments will incur interest at a rate of 8% per annum.

5.11. If the matter is referred to third-party debt enforcement, the Client will be liable for all costs associated with debt recovery.

6. CANCELLATION AND RESCHEDULING POLICY

6.1. Client Cancellations

6.1.1. If cancellation occurs prior to the invoice due date, no payment will be required, and any payments made will be fully refunded.

6.1.2. If cancellation occurs after the invoice date but at least 48 hours before the scheduled appointment, 50% of the invoice total is payable.

6.1.3. If cancellation is made within 24 hours of the scheduled appointment, full payment is required, and no refund will be issued. However, if the child becomes unwell within the 24-hour period prior to the appointment, The Sleepy Sunflower may, at its discretion, provide a refund.

6.1.4. Rescheduling requests must be made at least 48 hours in advance and are subject to availability.

6.2.  Consultant Cancellation

6.2.1.    If the Consultant cancels an appointment before it takes place, it will be rescheduled at a mutually convenient time, or a full refund will be issued at the Client’s request.

6.2.2.    If the Consultant is unable to continue providing support following the appointment and once a support plan has commenced and cancellation is necessary, the Client will be entitled to a pro-rata refund based on the remaining support period.

6.2.3.    The Consultant will make all reasonable efforts to honour scheduled appointments and continue providing support. However, in exceptional circumstances where the Consultant is unable to continue, the provisions of clause 6.2.2 shall apply.

7. DATA PROTECTION AND CONFIDENTIALITY

7.1. The Sleepy Sunflower complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

7.2. Client information is stored securely in a password-protected system and will not be shared with third parties unless legally required.

7.3. All discussions and personal data remain confidential, except in safeguarding situations where escalation to the appropriate authorities may be necessary.

8. INTELLECTUAL PROPERTY

8.1. All materials, sleep plans and advice provided by The Sleepy Sunflower are for the exclusive use of the purchasing Client and must not be copied, shared or distributed without prior written permission.

8.2. The Sleepy Sunflower is not responsible for any consequences resulting from shared advice used by individuals who have not engaged in a consultation.

9. DISCLAIMERS AND LIABILITY

9.1. The Sleepy Sunflower provides sleep consultancy services based on the information provided by the Client. Clients are responsible for ensuring that all information about their child’s health, behaviour and sleep patterns is accurate and complete.

9.2. The Sleepy Sunflower is not liable for any damages arising from the reliance on incorrect or incomplete information provided by the Client.

9.3. While advice is based on expertise and experience, results are not guaranteed.

9.4. Success depends on full and consistent implementation of recommendations by all caregivers.

9.5. Refunds will not be provided if the desired sleep outcomes are not achieved.

9.6. The Sleepy Sunflower is not liable for indirect, incidental or consequential damages resulting from the use of its services.

9.7. Any information provided on The Sleepy Sunflower’s website, social media or other publicly accessible materials is general in nature and is not tailored to any specific Client or situation. This information should not be relied upon as personalised advice. Individuals seeking tailored support should arrange a consultation with a qualified sleep consultant. The Sleepy Sunflower shall not be liable for any consequences arising from reliance on such general information.

9.8. The Sleepy Sunflower does not provide guidance on the prevention, diagnosis or management of Sudden Infant Death Syndrome (SIDS). Clients are responsible for familiarising themselves with official safe sleep recommendations as provided by reputable sources.

9.9. The Sleepy Sunflower advises all Clients to follow recognised safe sleep guidelines; however, The Sleepy Sunflower is not responsible for ensuring adherence to these guidelines and is not liable for any incidents that may occur.

9.10. The Sleepy Sunflower does not provide medical advice regarding safe sleep practices. Clients should always seek medical advice from a qualified healthcare professional if they have concerns about their baby’s sleep safety.

9.11. The Sleepy Sunflower shall not be held responsible for any injuries, incidents, illnesses or adverse effects resulting from the implementation of sleep plans, routines or recommendations. Clients assume full responsibility for any actions taken based on our guidance.

9.12. The Sleepy Sunflower makes no guarantees regarding the success of sleep plans or improvements in a child’s sleep patterns. Every child responds differently, and results depend on numerous factors outside of our control, including medical issues, developmental changes and environmental factors.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. These terms and conditions are governed by the laws of England and Wales.

11. SEVERANCE

11.1. If any provision of these terms and conditions is deemed invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions  will continue in full force and effect, and  the invalid provision will be amended to reflect the original intention as closely as possible.  

12. FORCE MAJEURE

12.1. Neither party shall be liable for failure to perform any obligation under these terms and conditions if such failure is caused by an event beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism or government action. In such circumstances, the affected party shall notify the other party as soon as reasonably possible and take reasonable steps to mitigate the impact of the event.

13. AMENDMENTS

13.1. The Sleepy Sunflower reserves the right to update these terms at any time without prior notice. Clients will be notified of significant changes.

13.2. By engaging the services of The Sleepy Sunflower, Clients acknowledge and agree to these terms and conditions.

14. TERMINATION

14.1. The Sleepy Sunflower reserves the right to terminate the Agreement immediately and without notice if the Client breaches any of the terms and conditions outlined in this Agreement. In such cases, no refund will be provided.

15. USE OF CASE STUDIES AND MARKETING

15.1. The Sleepy Sunflower may use anonymised real-life examples of sleep consultancy cases for marketing, educational or promotional purposes. No names, identifying details or personal data will be shared. Clients who do not wish for their case to be included may opt out by providing written notice.

16. DISPUTE RESOLUTION

16.1. In the event of a dispute, both parties agree to attempt resolution through mediation before pursuing legal action.

16.2. If mediation is unsuccessful, disputes shall be subject to the jurisdiction of the courts of England and Wales.