Who we are.

ONCE UPON A DUA is a digitally native, direct-to-consumer baby & kids lifestyle brand established and headquartered in London.

What these terms cover.

These are the terms and conditions on which we supply products to you, whether these are goods or digital content.

Why you should read them.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.Agreement to Terms and Conditions (the “Terms”)

1.1 Introduction

1.1.1 “OUaD”, "onceuponadua", “we”, “our”, and “us” mean Once Upon A Dua Limited, a company registered in England and Wales with company number 13249449 and registered office address at Once Upon A Dua Ltd, 1 The Briars, Waterlooville, Hampshire, PO7 7YH.

1.1.2 “you” and “your” mean you, the customer.

1.1.3 The websites www.onceuponadua.com, and www.onceuponadua.co.uk ("the Website") are owned and operated by Once Upon A Dua Limited, trading as Once Upon A Dua.

1.2 Acceptance of the Terms

1.2.1 Your use of the Website and purchase of products from the Website is subject to the Terms at all times. By accessing the Website you are agreeing to the Terms set out below. If you do not agree to the Terms, you must exit the Website immediately.

1.2.2 If you are under eighteen (18) years of age, you cannot place an order for any products through the Website.

1.3 Changes to the Terms

1.3.1 We reserve the right, with or without notice to you, to change the Terms at our sole discretion. The Terms applicable to your access and use of the Website will be the version that is current and displayed on the Website as at each date you access the Website. Your use of the Website after changes are made means that you agree to be bound by such changes.

1.4 Other Applicable Terms

1.4.1 Please refer to our Privacy and Cookies Policy to see how we collect, use and protect your personal information.

2 Website Use

2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You also agree not to interfere with the servers or networks underlying or connected to the Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website.

2.2 All content and programming of the Website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the Website without our written permission. Use of the Website is restricted to personal and non- commercial use only.

2.3 You agree not to impersonate any other person or use a false name or a name that you are not authorised to use while using the Website

2.4 You may not use the Website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

2.5 You are responsible for ensuring your computer system meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website.

2.6 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.

2.7 We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website, to users who have registered with us.

2.8 The information contained in the Website is for general information purposes only. We endeavour to keep the information contained on the Website (other than User Material (as defined in clause 3.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the Website, please contact us at salam@onceuponadua.com

3 Intellectual Property Rights

3.1 Website

3.1.1 All intellectual property rights in or relating to the Website (including our text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the Website in accordance with the Terms, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the Website.

3.2 External Links

3.2.1 From time to time the Website may include links to websites of third parties (“external parties”) that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the external site(s). We assume no responsibility for the content, privacy policies or operation of such linked external site(s), or for anything provided (or not provided) by the third parties controlling such linked external site(s).

3.2.2 If you create a link to the Website and we want you to remove it, we reserve the right to ask you to do so.

3.3 Trademarks

3.3.1 ONCE UPON A DUA, DREAM BIG MAKE DUA MOVE MOUNTAINS, LET’S INSPIRE FAITH, the ONCE UPON A DUA logo are all trademarks of Once Upon A Dua Limited.

4 Availability of the Website

4.1 Although we aim to offer you the best service possible, we make no guarantee that the Website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us at salam@onceuponadua.com (see below for contact details) and we will correct the fault as soon as we reasonably can.

4.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that the Website is unavailable, our usual order and cancellation deadlines apply.

5 General Product Purchases

5.1 Details of individual products are available for purchase (including their price) are set out on the Website. We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information is placed onto the Website. As our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on the Website will have a tolerance of 5%. Although every effort is made to keep the Website as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order.

5.2 We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

5.3 The packaging of the products may vary from that shown on the Website

5.4 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited

5.5 The price displayed for products does not include postage or delivery charges.

5.6 Ordering From Us (The Purchase Contract)

5.6.1 You are deemed to place an order with us by ordering via our online checkout process which includes providing your payment card details. We will send you an order acknowledgement by email, detailing the products you have ordered.

5.6.2 Our acceptance of an order takes place when we dispatch the order to the customer at which point a contract will come into existence between you and us. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately unless we have notified you that we do not accept your order or you have cancelled your order for any reason.

5.6.3 We may refuse to accept an order:

• Where goods are not available
• Where we cannot obtain authorisation for your payment
• If there has been a pricing or product description error
• If you do not meet any eligibility criteria set out in our terms and conditions
• If the order is to be delivered outside of the UK. For orders outside the UK, please contact salam@onceuponadua.com
• If your order for personalised products contains content, which is deemed inappropriate for an order, i.e. threatening, offensive or abusive.
• If we believe your order is for commercial or other non-domestic concerns.

5.6.4 We reserve the right to cancel any order that we deem offensive.

6 Free or Discounted Offers

6.1 Free or discounted introductory offers are only available to new users of the Website. Except where expressly stated, previous users or trialists of the Website do not qualify for an additional special offer.

6.2 Multi buy offers are not valid in conjunction with any other offer, discount or promotion. Only valid at Once Upon A Dua online

6.3 Except where otherwise stated, free or discounted offers are available only once to any one person.

6.4 Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.

6.5 You must have internet access and valid payment details to redeem a free or discounted offer.

6.6 Except where otherwise stated, free or discounted offers can only be used on full priced items.

6.7 Except where otherwise stated, discounted and other offers cannot be used to purchase Gift Cards

6.8 Promotional and discounts are only available during the allotted time period and cannot be retrospectively applied to orders placed outside of this window.

6.9 Discounts do not apply to shipping or box costs unless stated otherwise.

6.10 Discounts cannot be exchanged for cash and are non-transferable.

6.11 OUaD reserves the right (i) cancel discount codes at any time; (ii) refuse to allow any individual to participate in offers, and (iii) amend these terms and conditions.

7 Joining Us

7.1 In order to subscribe to products from the Website, you must first register to set up an account with us by completing the registration form on the Website. The purchase of individual products can be done either via guest checkout or completing registration.

7.2 In order to register an account you must be an individual and agree to comply with the Terms.

7.3 When signing up you need to provide:

7.3.1 your full name;

7.3.2 a valid email address;

7.3.3 your delivery address; and

7.3.4 your payment card details.

7.4 When signing up you will also be asked for the actual or expected birth month of the baby should you have this information available

7.5 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.

7.6 We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.

7.7 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.

8 Gift Cards

8.1 Gift cards purchased on onceuponadua.com can only be redeemed at onceuponadua.com.

8.2 Please keep your gift card safe and treat it as cash; we cannot replace lost cards.

8.3 Gift cards cannot be exchanged for cash or refunded.

8.4 The gift card shall be valid for one year from the date of purchase

8.5 If you are using a gift card online and the order value is less than the value of the card, any balance will remain on the card and may be applied to future purchases, provided that the card has not expired.

8.6 Except where otherwise stated, discounted and other offers cannot be used to purchase Gift Cards.

9 Pricing

9.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT and include it in the total price.

9.2 We take payments by continuous payment authority

9.3 If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future parcels in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us at salam@onceuponadua.com

9.4 You agree not to hold us responsible for banking charges incurred due to payments on your account.

9.5 Goods are subject to changes in supply levels, supply prices and currency fluctuations. We reserve the right to change the fees for any services at any time. We agree to notify you at least 14 days in advance of any change in fees. Please note that you can cancel at any time (see section 12 below).

9.6 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

9.7 Our prices are reviewed periodically.

10 Delivery

10.1 OUaD purchases can only be delivered free of charge to addresses within the United Kingdom, including Northern Ireland (excluding PO Box addresses and BFPO addresses).

10.2 Some non mainland UK deliveries will incur import duty and tax. We recommend you contact your local customs authority to determine any applicable charges prior to purchase completion.

10.3 Purchases are delivered by either local postal services or courier. Actual delivery times may vary for you depending on:

10.3.1 our stock availability;

10.3.2 your delivery address;

10.3.3 when you make your selection; and

10.3.4 circumstances impacting delivery by the postage service or courier. We reserve the right to use alternative delivery methods without prior notification.

10.3.5 You will not hold us responsible for any delays, outside our control, which relate to the delivery of parcels.

10.3.6 Orders placed on Eid al-Fitr, Eid al-Adha, weekends or public holidays will be processed on the next business day. Business days are Monday to Friday, excluding bank holidays in England and Wales.

10.4 It is your responsibility to report all lost or undelivered purchases online within 7 days at salam@onceuponadua.com

10.5 Customers are obliged to comply with the local postal service or courier’s claim compensation process or our process. Failure to comply with these processes, as amended from time to time, will result in no credit being made in respect of such undelivered purchases.

10.6 If you change address, you must update your address details in the relevant section of the Website to ensure that no purchases are sent out to the wrong address. Please ensure this is done in time to take effect prior to changing your address, as you will not be refunded for any purchases posted to the wrong location.

10.7 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

10.8 Gift wrap non refundable.

10.9 Personalised items are non refundable.

10.10 If any of the details you have given us in your delivery address are incorrect, we are not liable for any items, which have not been received. If you require us to send out your item to a different address after it has been returned then there may be a charge for posting it out again.

10.11 You may specify a delivery address, which is different from your billing address, if, for example, you would like us to deliver the Products directly to the recipient.

10.12 At the customers request we may at times be prepared to deliver outside of UK. If you are outside the UK, please just enter your address and change the country when specified. Our preferred international delivery couriers are Fedex and DHL, and international orders may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

10.13 If the order is made with Next Day Delivery and placed before 2 PM (GMT) then it will be processed and dispatched the same day. Delivery will occur on the next working day in this instance. If you choose Standard Delivery then we aim to deliver all mainland UK standard orders within 7 working days. However, during busy periods we cannot guarantee standard delivery orders to arrive within the 7 working days. We would advise that if you require your order by a certain date to select the Next Day or Express delivery service.

10.14 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale.

10.15 Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.

10.16 If you do not receive products ordered by you within 7 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email at salam@onceuponadua.com of the problem within 14 days of the date on which you ordered the products.

10.17 We reserve the right to wait up to 14 working days from the date of despatch before replacing an undelivered item.

10.18 If you are dissatisfied with any product you receive from us, please contact our customer services team on salam@onceuponadua.com on our returns process. Items or orders you would like to return (excluding personalised items) should be sent back us within 30 days of your order being dispatched. The postage cost of the return is the responsibility of the customer. It is the customers responsibility to ensure the returned items If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.

11 Title and Risk

11.1 You will own the products once we have received payment in full of the price

11.2 The products will become your responsibility from the time we deliver the products to the address you provided us

12 Proof of Purchase for a Warranty Claim

12.1 Please keep your order confirmation email as your proof of purchase in case it is needed for a warranty claim.

12.2 For assistance with a warranty claim, please contact our customer services team at salam@onceuponadua.com

13 Order Cancellations

13.1 For most items, you have the legal right to cancel your order within 7 working days of receiving the goods. However, this does not apply to certain items, which we have made, personalised or customised specifically for you. It does not apply to any goods, which have been opened.

13.2 Order cancellations must be made in writing, quoting your order number, within 7 working days beginning the day after the day on which the item is delivered.

13.3 If you wish to cancel your order you can notify us by email to salam@onceuponadua.com before we have dispatched the goods to you or: Where goods have already been dispatched to you, the goods must be returned to us in accordance with the 'Returns and exchange' section below.

13.4 Please note: In order to provide a fast service some products are immediately sent for production. Please check your order on screen and the confirmation email carefully as we cannot refund products, which have been misspelt.

13.5 We reserve the right to cancel your order at any time and issue a full refund. We reserve the right to cancel any order that we deem offensive.

13.6 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under the Terms. If we terminate your use of our service as a result of a breach of any obligation under the Terms, such termination would be immediate and may be without notice.

13.7 The provisions of this clause do not affect your statutory rights.

14 Returns and Exchange

14.1 If you are not completely satisfied with the goods, simply get in contact with us via email at salam@onceuponadua.com. If it is a fault at our end, you can return them to us at any time within 14 days of receipt. We will issue a full refund or exchange as soon as possible after you cancel your order.

14.2 The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to using a delivery service that is tracked and insures you for the value of the goods, as we cannot be held responsible for items damaged or lost in the post.

14.3 Your rights to return the goods to us will not apply in the following circumstances:

• Any products that we have made, personalised or customised specifically for you
• Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
• If you have made a spelling mistake on your order and it has been sent for production.

14.4 If you return an item because of an error on our part, or because it is defective, we will happily refund the full value of the item and your costs in returning it to us.

14.5 The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.

14.6 We regret that postage and packing costs for unwanted items cannot be refunded. Even if you have qualified for free delivery when placing your order, a postage and packing charge of £2.45 per item will be levied on unwanted items and deducted from any refund given.

14.7 If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level.

14.8 This returns policy does not affect your statutory rights.

14.9 The address for returns is:
ONCE UPON A DUA LTD
PO Box 79813
LONDON
E1W 9TT

15 Wrong Item Received

15.1 If the item you received is not what you originally ordered, please contact customer services quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on the next steps. We will rectify immediately and make sure the correct product arrives within 72 hours (for UK orders only) of you getting in contact.

16 Faulty Item

16.1 If the item you received is faulty, please contact our customer services team quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. If the item is faulty, please return it to us within 30 days of receipt. Refunds cannot be given if the fault is as a result of misuse.

17 Colour

17.1 The colour of the product you receive may not match the colour as displayed by our website on your computer monitor or mobile device. Please be aware that if the colour is important to you, your order is placed at your own risk.

18 Clothing & Other Fabric Items

18.1 We will be unable to accept the return of any item where there is evidence that washing instructions have not been followed. The item should be returned with its original packaging.

19 Privacy

19.1 We collect personal information about you through your use of the Website and our services. All information that we collect about you is subject to our Privacy and Cookies Policy.

20 Liability

20.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

20.2 Nothing in this clause or otherwise in the Terms shall exclude or in any way limit our liability for:

20.2.1 fraud or fraudulent misrepresentation;

20.2.2 death or personal injury caused by our negligence;

20.2.3 breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

20.2.4 under Part I of the Consumer Protection Act 1987; or

20.2.5 any other liability to the extent the same may not be excluded or limited as a matter of law.

20.3 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards office or Citizens Advice Bureau.

20.3 Subject to clause 22.1, in no event shall we be liable to you for any personal or business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

20. 4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

20.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

20.6 Please note that this does not affect your statutory rights.

20.7 Social Media:

20.7.1 Please be vigilant in regards to the possibility of fraudulent activity from social media accounts and users and/or businesses attempting to impersonate ONCE UPON A DUA.

Please note that:

• We will only ever contact you from our account, @onceuponadua_official.
• We will never ask you to send bank details over a direct message on social media if you win a competition.

21 Applicable Law

21.1 Your use of the Website is governed by the Terms and construed and enforced in accordance with the laws of England. Disputes arising from your use of the Website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.

22 Assignment by Us

22.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under the Terms. The Terms are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under the Terms.

23 Accounts are Non-Transferable

23.1 Accounts with Once Upon A Dua Limited are not transferable and therefore cannot be sold or traded.

24 No Waiver

24.1 If we delay exercising or fail to exercise or enforce any right available to us under the Terms, such delay or failure does not constitute a waiver of that right or any other rights under the Terms.

25 Force Majeure

25.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or our services, or for any failure by us to comply with the Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

26 Third Party Rights

26.1 Nothing in the Terms confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

27 Disclaimer

27.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

27.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

28. Miscellaneous

28.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

28.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.

28.3 Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.

29 Contacting us

29.1 If you have questions about the Terms or an order you have placed, please contact us at salam@onceuponadua.com, or write to us at: Once Upon A Dua Ltd, PO Box 79813, LONDON, E1W 9TT