TERMS & CONDITIONS

Terms and Conditions – Dream Baby Box

This page governs your relationship with Dream Baby Box (the “Company”). Access to and use of our website www.dreambabybox.com (the “Website”) and the products (the “Products”) and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms"). By using or purchasing the Services, you agree to be legally bound by all of the Terms.

About The Company

Dream Baby Box owns and operates this Website which is registered in England and Wales as a sole trader. The registered office is at 17 Samuel Wallis, 74 Banning Street, London SE10 0FB. For any questions, please contact us via email at info@dreambabybox.com. The Company will be referred to in these Terms as “Dream Baby Box”, “we”, “us” and “our”.

Terms

Any sale of Product(s) and provision of services via the Website will be on the basis of these Terms. By placing an order you are offering to purchase a Product subject to the following Terms. You are confirming that you are over 18 years of age, possess a valid credit or debit card issued by a bank acceptable to us and are legally capable of entering into a binding contract. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Products. Dream Baby Box retains the right to refuse any order made by you. When you place an order via the Website order form or by emailing info@dreambabybox.com, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the Products which you ordered have been dispatched to you. Only those Products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. No Products will be shipped until payment has been made in full and your details have been verified by any third party payment facilitators. It is your responsibility to ensure that the details in these emails are correct. If there are any errors, please contact our customer services immediately at info@dreambabybox.com.

An order may not be accepted as a result of product unavailability, a pricing or description error being identified, a payment fails to go through. Despite our best efforts, occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept orders or cancel Contracts if any information on the Website is inaccurate at any time without prior notice. The cost of foreign Products and Services may fluctuate. All prices advertised are subject to such changes. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible. If you cancel and you have already paid for the Products, you will receive a full refund. All orders are subject to availability. If any items are not available and you wish to cancel your order, you will not be charged for the cancelled items. Delivery costs will be charged in addition; such additional charges are separately displayed where applicable and included in the 'Total Cost'.

Payment

Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the Products you wish to purchase. Once the Products have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of Products you have purchased as listed in the confirmation email. We accept payment by most major credit or debit cards and BACS transfer. Payment for orders made from outside the UK must be paid by BACS transfer and international shipping incurs additional postage and packaging charges. Payment will be debited from your account before the dispatch of your purchase. We do not accept cheques and do not offer credit accounts. In order to process your order, we will need to share your payment details with third party service providers. This will be done in accordance with our Privacy Policy. By providing us with this information, you specifically authorise us to do this. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Delivery

Every effort will be made to deliver Products on time but all stated lead times are approximate and they cannot be guaranteed. Products sometimes become out of stock after an order has been placed and we cannot guarantee 100% stock availability at all times. The Company will not be responsible for any delays resulting from postal delays or force majeure. We ship to the UK, Europe and rest of the World. Shipping incurs additional postage charges which will be added to the cost of the Products. Contact us at info@dreambabybox.com to enquire about international shipping services prior to placing an order. If you place the order and pay online without contacting us first, please be aware there will be additional shipping charges to pay. Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if you fail to take delivery at the agreed time. Products dispatched to any third party at the purchaser’s request are entirely at the purchaser’s risk. Products should be carefully checked upon receipt.

 Damages or Faults

Any external signs of damage to the Products caused in transit must be noted on the delivery note and reported to customer services (info@dreambabybox.com) immediately with accompanying photos of the damage. If you suspect significant damage has been caused in transit, do not sign for or accept the delivery but take photos of the damage prior to refusal. Following this communication, if we accept liability for the damage, please return the damaged item(s) to us and we will refund or replace the item(s), and reimburse basic postage costs of returning them to us.

Any faults must be reported to us within five working days of receipt of the Products via email at info@dreambabybox.com. No responsibility will be accepted for faulty items if they fall outside this timescale. Faulty Products may need to be returned to us for inspection or you may be asked to provide photographic evidence via email. Any returns are at your own cost and you will be responsible for the handling and shipping of your return. On receipt of returned Products, we will inspect the Products. If liability is accepted by us we will refund you for the cost of the Products or replace them, and the cost of standard delivery. We are not liable for any other costs beyond the cost of Products and shipping. Worn or otherwise processed e.g washed clothes cannot be returned or replaced.

Cancellation & Returns

You have the right to withdraw from this contract within 14 days. The withdrawal period ("Cancellation Period") will expire after 14 days from the day on which you acquire, or a third party indicated by you acquires, physical possession of the Products. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract via email to info@dreambabybox.com. Item(s) must be returned to: 17 Samuel Wallis, 74 Banning Street, London, SE10 0FB and should be received by us in a perfect and unused condition, with their original packaging for a refund to be issued. The cost of returning any item is at your expense and we do not offer a collection service. Ensure that a copy of your invoice is returned with the Products, together with your telephone number and contact details. Ensure you obtain proof of postage and retain it until we have received your item and actioned the refund. Once we have received your returned Products and confirmed they are in perfect and unused condition, you will receive your refund within 14 days. We will carry out reimbursement using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of such reimbursement. A deduction may be made from the initial purchase price if the value of the Products has been reduced as a result of you handling the Products more than was necessary.

We reserve the right to refuse an exchange or refund if Products are not returned in a perfect and unused condition or are damaged. Worn or otherwise processed e.g washed clothes cannot be returned. This does not affect your statutory rights. Washing Instructions All clothing and bedding Products should be washed or cleaned strictly in accordance with the washing instructions provided on the garment label. Accordingly, all clothes and bedding should also be kept away from fire and excess heat. The Company will accept no responsibility if care instructions are not followed precisely.

Safe Use of Box & Its Contents

Always place the box on a flat, sturdy surface. Never lift or move the box with the baby inside and do not put the lid on when the baby is inside. When it is nap time, lay the baby on its back with its feet at the end of the box. Keep the box away from radiators, drafts, open flames and excess heat. Do not let the box get wet.

To reduce the risk of Sudden Infant Death Syndrome (SIDS) the Lullaby Trust recommends that your baby sleeps in the same room as you for at least the first 6 months of life. Remove any soft toys from the cot before each sleep period and avoid use of soft or bulky bedding such as quilts, pillows and duvet. We accept no responsibility for the safety of your baby in the baby box nor the clothing items provided. Appropriate precautions must be used when using the contents of the box. Dream Baby Box does not provide any warranties or guarantees. All reasonable effort has been made to ensure consistency, however, sizes, measurements, images and descriptions of Products are for guidance only and the Company cannot guarantee absolute uniformity of size, shape, material, proportion, colour or shade of Products. Variation in shade and colour may occur from one dye batch to the next and Dream Baby Box accepts no responsibility for such variation. Cardboard is an organic material and therefore can crease. While every effort is made to avoid unexpected creases, Dream Baby Box accepts no responsibility for this.

Our Liability

Products purchased from this Website are of good quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). Subject to any specific warranties offered in relation to specific Products or those implied by law, we do not offer any guarantees or warrantees in relation to the Product(s). We are only liable for losses you suffer as a result of us breaching these Terms, which is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms. The company cannot be held responsible for any dissatisfaction arising from the use of any Products included in the Dream Baby Box. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us. In any event, we are not responsible for any indirect or consequential losses of any nature and howsoever arising (whether loss of income, revenue or otherwise). This does not include or limit in any way our liability for any matter for which it would be unenforceable for us to exclude or attempt to exclude our liability, including but not limited to personal injury or death as a result of negligence and/or fraud. Force Majeure We are not liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, accidents, war, fire, industrial disputes, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of our obligations. Severability If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub- clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law. Entire Agreement These Terms and any document expressly referred to in them constitute the entire agreement between you and Dream Baby Box and supersede any and all preceding and contemporaneous agreements. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of the Company.

Our Right to Vary the Terms

We have the right to revise and amend these Terms from time to time. You will be subject to the Terms in force at the time that you order Products from us, unless any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms before we send you the shipping confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Our Website

If you have any concerns about material which appears on our Website, please contact info@dreambabybox.com. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We cannot guarantee that the Dream Baby Box website will operate continuously without interruptions, be error free or any other interruptions in service beyond our control. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. Access to the Website is always subject to these Terms of Use and your use of the Website constitutes your acceptance of these Terms of Use. These Terms of Use can be updated at any time and it is your responsibility to check this page from time to time to ensure you agree with any amendments. These Terms of Use were last updated on 25th March 2017. This Website may contain links to other websites (the "Linked Sites"), which are not operated by Dream Baby Box. Dream Baby Box has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and Service contained within each such site.

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Dream Baby Box or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Dream Baby Box and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. For the avoidance of doubt all proprietary notices, in particular intellectual property notices such as copyright ©, trademark, ™ and ® must be preserved and displayed in tact. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance On Information Posted

We have taken every care in the preparation of the content of this Website. However, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. In particular, we have made every effort to display as accurately as possible the colors of our Products that appear at the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents. Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Dream Baby Box and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the Products and services and is in no way an assertion that such Products or services are endorsed by or connected to Dream Baby Box.

Regular Changes to Our Website

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material. Dream Baby Box reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Disclaimer of Liability

Customers agree that use of the service is entirely at customer’s own risk. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy (express or implied) by Dream Baby Box. This does not affect the Company’s liability which cannot be excluded or limited under applicable law.

Prohibitions

While we take as much precautions as possible, we cannot guarantee that your use of this Website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to you in order to use the Website and screen out anything that may damage it.  You should not: commit or encourage a criminal offense, transmit or distribute a virus, trojan, worm, logic bomb or any other malicious material, hack into any aspect of the Service, corrupt data, offend other users, infringe upon the rights of any other person's proprietary rights, send any unsolicited advertising or spam or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Dream Baby Box will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and use of data, which you send and receive.

Linking to this Website

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our Website other than that set out above, please address your request to info@dreambabybox.com. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Indemnity

You agree to indemnify, defend and hold harmless Dream Baby Box, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms. Jurisdiction and Applicable Law The English courts will have exclusive jurisdiction over contracts for the purchase of Products through our Website and any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by English law. Any contracts for the purchase of Products through our website and all communications between us will be in the English language. If you breach these Terms but we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.