Terms and Conditions

Last updated on the 29th of September 2023

These terms and conditions, together with any documents they expressly incorporate by reference (collectively the "Terms"), set out the legal contract that applies when you, as a private individual, purchase any of our treatment kits ("Products"), or access or use our services ("Services") from https://beafertility.com ("Website") or via the Béa Fertility app ("App"). The Website and the App are together referred to as the "Platform". Please read these Terms carefully.

1. Introduction

About us

1.1. StepOne Fertility Ltd trading as Béa Fertility ("we", "us" or "our") is a company that provides at-home fertility treatment and ovulation tracking services. StepOne Fertility Ltd is a company incorporated and registered in England and Wales with company number 12539481, whose registered office is St Johns Court 144-146 St John's Hill, London, England, SW11 1SN ("we", "us", "our" and "Béa Fertility").

Our contract with you

1.2. You must agree with and accept all of the terms contained or expressly referenced in these Terms, including our Privacy Policy (which sets out how we will use your data) and our Terms of Use (which sets out how you may use our Platform) before you purchase any Products, or use our Platform or Services.

1.3. When you create an account to purchase our Products and access and use our Services ("Account"), or if you are purchasing our Products or using our Services as a guest, you will be presented with these Terms and are required to read and actively acknowledge that you have read and agree to be legally bound by them.

1.4. If you do not accept these Terms, you may not purchase our Products, or use our Platform or Services.

Research Edition

1.5. From time to time, we run research studies with individuals who are suitable for our Products and Services ("Edition"). There are only a limited number of places available for each Research Edition and individuals may choose to take part in the following ways:

a. We will contact those that have signed up to our mailing list and invite them to complete an assessment to evaluate whether our Products and Services are suitable for them. Based on the answers provided, if we think our Products and Services are suitable, we will invite those individuals to participate in our Research Edition.
b. We will advertise our Research Edition on our Platform and if users wish to participate, they will need to complete a consultation with us. Based on the suitability assessment conducted during the consultation, if we think our Products and Services are suitable, we will invite those individuals to participate in our Research Edition.
c. We partner with other organisations who will assess the suitability of our Products and Services for their customer base and invite those deemed suitable to participate in our Research Edition.

1.6. If you participate in one of our Research Editions, we will ask you to:

a. answer a set of basic fertility questions that will help the Béa Care Team to create your bespoke treatment plan;
b. consent to participate and be occasionally contacted via email by the Béa Research Team;
c. take 5 minutes to fill out a quick survey after each stage of your ICI treatment;
d. let us know whether you have a positive or negative pregnancy test result, at the end of each treatment cycle; and
e. tell the Béa Research Team about your experience using ICI at home - we might ask to call you to discuss this with you.

1.7. Those that take part in and complete our Research Edition will be given the opportunity to purchase our three-cycle treatment programme at a discount.

Promotions and trials

1.8. From time to time, we may offer other promotions on our Products and Services (such as giveaways, discounts and limited free trials). Details of the specific promotion will be communicated on our social media channels or via email if you have signed up for marketing.

2. Contact

2.1. You can get in touch with us by emailing us at support@beafertility.com. If we need to contact you, we will normally do this via email.

2.2. Please tell us if your name or contact details change, including any email addresses, mobile phone numbers or other contact details, so we can keep in touch. If you do not, we will not be responsible if you do not get any information or notices from us.

3. Account creation

3.1. If you choose to create an Account with us, you must provide a valid email address and a password.

3.2. To register for an Account, you must be at least 18 years old.

3.3. You must provide accurate details about yourself when you create an Account and not use any false details.

4. Eligibility requirements

4.1. Any person who is trying to conceive now or in the future is eligible for registering for or purchasing our Products and Services. However, you acknowledge that some conditions impacting health and fertility may require interventions outside of the scope of our Products and/or Services. It is not the responsibility of Béa Fertility to determine this.

4.2. If you are under the age of 18 you may not buy any Products from us or use our Platform or Services.

4.3. You are only entitled to purchase our Products and Services if you live in England, Scotland or Wales.

5. Our Services

5.1. Our Services, amongst other things, include:

a. suitability assessments;
b. access to our fertility library; and
c. access to our fertility newsletter.

5.2. We may upgrade, update, or amend our available Services from time to time. If we do so, we will let you know in advance of any changes before they take place (any changes will not affect any existing Services you are receiving, only future Services).

6. Ordering Products from us

6.1. Please note that it is your responsibility to read the information supplied on our Platform and contained in our Product packages about the appropriateness and safe use of our Products. Please make sure you are satisfied with this information before purchasing any Products. If you have any questions or concerns, please contact us at: support@beafertility.com.

6.2. If you purchase Products from us as part of a treatment plan, for example our three-cycle treatment programme, please note that you must use the Product and associated Services within six (6) months from the date of purchase ("Redeemable Period"). If you do not use the Product within the Redeemable Period, you will not be able to make use of the Services associated with the Product once the Redeemable Period has expired.

6.3. If you purchase Products from us as part of a treatment plan, for example our three-cycle treatment programme and you become pregnant at the end of the first or second cycle, you will not receive any further Products or be able to make use of the Services associated with the Product. Please note that, in these circumstances, you will not be entitled to a refund for any of the cycles you did not use in your treatment plan.

6.4. Please read and check the details of your order carefully and correct any errors before completing the checkout process and placing your order. We cannot guarantee that we can amend mistakes for you after you have placed your order.

6.5. We may offer Products on our Platform on a pre-order basis. We will inform you at the time of your purchase if the Product you are ordering is to be supplied on a pre-order basis. In these instances, we will provide you with an estimated dispatch date. If the estimated dispatch date does not meet your requirements, please do not continue with your order.

6.6. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

6.7. We may contact you to say that we do not accept your order. This is typically for the following reasons:

a. the Product is unavailable;
b. we cannot authorise your payment;
c. you are not allowed to buy the Product from us;
d. we are not allowed to sell the Product to you; or
e. there has been a mistake on the pricing or description of the Product.

6.8. Acceptance of your order ("Order Confirmation") and the formation of the contract between you and us will be completed when we email you to advise your order has been dispatched and to confirm your order number. Please make a note of this order number as you will need it if you need to contact us.

6.9. If you wish to make a change to your order, please contact us and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or any other differences which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7. Payments

7.1. The price of a Product includes any VAT or other sales tax (if applicable). The total price payable for your order will include the total price of all Products in your order plus any shipping charges.

7.2. The total price payable will be displayed to you during the checkout process.

7.3. When your order is accepted by us, your payment will be handled by a third-party payment service provider, Stripe, Inc. This means that you may see Stripe identified on your card or payment account statement. Please also refer to Stripe's Terms and Conditions which can be accessed here: https://stripe.com/en-gb/checkout/legal.

8. Delivery

8.1. The estimated date for delivery of your order is set out in the Order Confirmation. If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

8.2. We may contact you if we need any information from you to complete your order. If you do not give us (or our courier dealing with delivery) this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to deliver your order and may end the contract. We will not be responsible for supplying an order on time or at all if this is caused by you not giving us (or our courier) the information we need within a reasonable time of us asking for it.

8.3. Your order despatch will depend on the type of Product package you have purchased. For example, where your order is to be supplied on a pre-order basis, we will aim to dispatch your order in accordance with the estimated time provided to you at the time you place your order. Where you have subscribed to one of our Product packages, we will dispatch Products in accordance with the estimated times provided to you in your Order Confirmation.

8.4. Delivery will take place at the address specified by you when you placed your order with us.

8.5. Once your order has left us, you will receive an email from our designated courier containing a tracking number to track its progress online.

8.6. You are responsible for the Products once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the Products passes to you when you take, or a third party notified by you takes, possession of the Products.

8.7. We do not make deliveries to any addresses outside of England, Scotland and Wales.

9. Cancellations, faults and returns

Cancellations

9.1. You have the right to change your mind and cancel this contract within 14 days from the day after (i) you receive your order; or (ii) where your order relates to multiple shipments (i.e., for our three-cycle treatment programme), within 14 days from the day after you receive your first shipment, subject to the conditions in section 9.2 below. To exercise the right to cancel, you must inform us by email at: support@beafertility.com. You must return your Product to us in its original packaging within 14 days of your telling us you have changed your mind. See the "Returns" section below for more information.

9.2. If you want to return your Product under section 9.2, the Product box must be unopened. Unopened means the seals on the product box must be intact. For the avoidance of doubt, these cancellation rights will not apply if any hygiene seal is broken or unsealed, and/or there is evidence that the Products have been used.

9.3. For orders cancelled under applicable consumer law, we will issue you with a full refund including the shipping cost paid by you, if the Product has not at that stage been dispatched. If the Product has been dispatched, you will not be reimbursed the delivery charge and will need to follow the process set out at section 9.7 (Returns).

9.4. We will make reimbursement without undue delay, and not later than:

a. 14 days after the day we receive the returned item(s); or
b. if your order was not dispatched, 14 days after the day on which we are informed in writing about your cancellation.

Faulty Products

9.5. We are under a legal duty to supply you with Products that are in conformity with our contract with you. If a Product you have ordered is faulty, including if it is incorrectly described or not of satisfactory quality, you have a right to request a refund. Nothing in these Terms will affect your legal rights. For detailed information please visit the Citizens Advice website: https://www.citizensadvice.org.uk/.

9.6. If you suspect that there is a fault with a Product, please inform us by email at: support@beafertility.com. If your claim is upheld, we will send you a returns label free of charge. Once your Product has been returned, it will be checked and, provided we agree that it is faulty, you will be refunded the price of the faulty Product along with the delivery charges you paid.

Returns

9.7. If you would like to return your order, please email us at support@beafertility.com and we will provide a return quotation with one of our preferred logistics partners. You can then arrange a collection or drop off date to suit you. Returns are at your own cost, unless we offered free returns when you bought the Product and you will need to purchase the returns label in advance of the delivery label being emailed to you, or we may agree to deduct this amount from any refund. When returning any Product:

a. you must include your receipt or order number and sender details inside your returns packaging / box to allow for easy identification and prompt processing. We will not pay a refund for any items we cannot identify as having been returned by you; and
b. please use its original packaging and ensure that it contains all of its original items.

10. Our right to end the contract

Products

10.1. We may end the contract at any time by writing to you if:

a. you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due;
b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver your order, for example, delivery address or arrange for re-delivery where our courier has been unable to deliver your order; or
c. you do not, within a reasonable time, allow us to deliver the order to you.
d. for any reason (including for example, if we are unable to provide the Products to you, o if the Products can no longer be supplied due to changes in the law, or changes to health and safety requirements).

10.2. If we end the contract in the situations set out in section 10.1, we will refund any money you have paid in advance for any item in your order we have not delivered but we may deduct a sum as reasonable compensation for the net costs we will incur as a result of you breaking the contract.

Platform and Services

10.3. We may suspend, restrict or terminate your Account:

a. where we suspect, or you have seriously or repeatedly broken any provision of these Terms, or if you attempt or threaten to break any provision of the same;
b. for routine maintenance and/or downtime (temporary suspension/downtime);
c. for events outside of our control, including, but not limited to, hacking, governmental reasons and server issues;
d. where we decide to discontinue the Platform; or
e. at our discretion and without reason.

10.4. We can also end our contract with you and your use of the Platform and Services at any time without giving you a reason by giving you at least 30 days' notice.

10.5. If we suspend, restrict or terminate your Account, we will notify you via email, SMS or such other appropriate messaging service.

10.6. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and limitations of liability.

11. Intellectual property rights

11.1. The materials and content comprising the Platform belong to us or our third-party licensors and you agree that you have no rights in the Platform or Services, other than the right to use and access the Platform and Services in accordance with these Terms.

11.2. You have a right to use and access the Platform for the purposes of these Terms. Unless expressly permitted by us, you agree:

a. not to copy, or attempt to copy the Platform;
b. not to change, edit, modify or attempt to change, edit or modify the Platform in any way; and
c. not to look for or access the underlying code of the Platform that we have not expressly published publicly for general use.

12. Personal data

12.1. We will only hold data you provide to us for the purposes it was given to us in the first place, for example, to participate in research or to fulfil your order for Products and/or Services.

12.2. To learn more about how we'll use your personal data, please read our Privacy Policy.

13. Disclaimer

13.1. Please be aware that:

a. your use of the Platform and Services is at your sole risk. The Services are provided on an "as is" basis without any warranty or condition, express, implied or statutory;
b. we do not warrant that the Platform and Services will be uninterrupted, timely, secure, or error-free;
c. the Product images on our Platform are for illustration purposes only;
d. the packaging of the Products may be different from that shown on our Platform; and
e. we only supply our Products for domestic and private use. If you use any items 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. Any such commercial, business or re-sale usage is strictly prohibited.

13.2. You acknowledge and agree that the Platform content is provided solely for your information and to provide information about our Products and Services. We provide advice and recommendations about the use of our Products and Services, but please note that such advice must never be used as a substitute for advice provided by a doctor or other healthcare professional. If you have questions or concerns about your health or fertility, or would like more information, contact your doctor. Always seek the advice of your doctor or other qualified health professional before starting or changing any treatment.

13.3. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Platform is accurate, complete or up to date. We do not make any guarantees in respect of (i) your use and application of Services, (ii) the correctness, sufficiency, completeness, interpretation of the Services.

14. Limitation of Liability

14.1. If we breach these Terms, we will only be responsible for the proportion of the foreseeable loss or damage you suffered to the extent caused by us and/or failing to use reasonable care and skill. By “foreseeable”, we mean either it is obvious that it will happen or if, at the time the contract was made, we both knew it might happen.

14.2. We accept no liability for:

a. Unexpected loss. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
b. Loss caused by a delaying event outside our control.
c. Avoidable loss. Something you could have avoided by taking reasonable action.
d. A business loss. Any inaccuracy, delay, interruption in service, error or omission, regardless of cause, loss of profit, loss of business, loss of earnings, business interruption, or loss of business opportunity. Our Products and Services are currently provided direct-to-consumer only.

14.3. We do not exclude or limit our liability to you to the extent it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud, or breach of your consumer rights.

15. Other important terms

15.1. Changes to these Terms. We reserve the right to amend these Terms for any reason. This may include changes in market conditions or in technology, changes in payment methods, or changes in relevant laws and regulatory requirements. The changes will take effect on a date to be notified to you and they will not affect any contract for the sale of Products and/or Services that are concluded before then. You should check these documents when placing orders and using our Services so as to keep yourself up to date.

15.2. We cannot be held responsible for events that happen outside of our control. This includes outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Services and the Platform.

15.3. Entire agreement. These Terms and any document referred to in them (as each may be amended from time to time) constitute the entire agreement between you and Béa Fertility relating to your purchase of our Products and use of our Services and supersede all prior understandings and agreements between parties. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

15.4. These Terms are between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

15.5. Our right to assign these Terms. We may assign or transfer our rights and obligations under these Terms at any time. We'll tell you in writing if this happens and ensure that the transfer won't affect your rights under the contract. You can only transfer your contract with us with our prior agreement.

15.6. You may not enter into any contract on our behalf or bind us in any way. These Terms are for your benefit only, not for the benefit of any third party of yours.

15.7. English law governs these Terms. Any disputes that arise out of or in connection with these Terms, the Products, Platform or the Services shall be governed exclusively by the courts of England. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are an individual user, you can claim against you in the courts of the country you live in.

16. Who do I contact if I have feedback or a complaint?

16.1. We are committed to providing you with the best service we possibly can, so if you have a suggestion for how we can improve, or you are disappointed with our Service, we want to hear from you. Get in touch via email at support@beafertility.com.