Terms and conditions
Who we are.
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.
Access to our Website
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service and that you agree to comply with them, as may be updated by us from time to time. If you do not agree to these Terms of Service, you must not use this Website. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. We recommend that you save a copy of these terms for future reference.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. 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.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access this Website. You should use your own virus protection software.
You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to our site. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.
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 except where such loss or damage is caused by our negligence.
The use of automated systems or software to extract data from this Website for commercial purposes, ('screen scraping') is prohibited without license.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of KIDLY or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by KIDLY 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 shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that any reduction of such software to human readable form, whether by reverse engineering, decompilation or disassembly, is necessary for the purposes of integrating the operation of the software with the operation of other software or systems used by the customer) or create derivative works based on any software or accompanying documentation supplied by KIDLY or its licensors. KIDLY® is a trade mark belonging to KIDLY. No licence or consent is granted to you to use this mark in any way, and you agree not to use this mark or any marks which are colourably similar without the written permission of KIDLY.
KIDLY Community Areas
KIDLY reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
Submission of material
You own all of the content and information you post on the Website. In addition:
For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with KIDLY (“IP License”). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances KIDLY may also share your contribution with trusted third parties.
This IP License ends when you delete your IP content or your account provided that your content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that KIDLY is not obliged to publish any material submitted by you on any KIDLY publication.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users , to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, shipping address or email address or any other details that would allow you to be personally identified).
We always appreciate your feedback or other suggestions about KIDLY, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
By submitting any material to us, you agree to use the KIDLY Community Areas in accordance with these Terms and Conditions.
If you do not want to grant KIDLY the permission set out above on these terms, please do not submit or share your contribution on the Community Areas.
The Service provides you with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not KIDLY. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.
KIDLY Competition Terms
We reserve the right to withdraw the competition at any time where it becomes necessary to do so for reasons beyond our reasonable control, including but not limited to the unavailability of the prize. These competition terms may be amended at any time without prior notice. Any changes will be posted on the Website. It is your responsibility to ensure you review the current competition terms before entering any competition. Please note that this promotion is in no way sponsored, endorsed or administered by or associated with any social media organisation and is solely the responsibility of KIDLY Limited.
The competition is open to UK residents aged 18 or over. Entries are accepted from individuals only and are limited to one entry per individual. No employees of KIDLY Limited may enter this competition. No third party, group or organised entries are permitted and in the event you enter the competition in breach of these terms we reserve the right to disqualify you from the competition and charge you the full retail price for any goods supplied to you (subject to your statutory rights to cancel the purchase).
Winners are picked in accordance with the published criteria. Details of prize winners will be disclosed on our website and/or our social media pages. We reserve the right to re-draw the winner if the original winner picked does not respond to our making initial contacting with them within 7 days.
The winning entry will be picked by us at our sole discretion or by random draw as indicated. We will not enter into any correspondence concerning the winning entry. We will inform the winner within a reasonable period. We are not responsible for any prize that may be lost, stolen, forged, damaged or tampered with in any way before it reaches the winner. In the event of a prize being unavailable for any reason we reserve the right to substitute prizes of equal or greater value.
By winning one of our competitions we may invite you to send us a review of the product we send to you. You confirm that we may publish your reviews including any associated imagery as part of our marketing including (but not limited to) on-line on our website and on social media.
You may upload imagery including video or photographs as part of your review. You must ensure that any such imagery does not contain the copyright work or brands of anybody else. You agree to ensure that your review does not contain any offensive, explicit sexual, obscene, defamatory, vulgar or otherwise unsuitable material. Your review should be limited to fair comment based on your personal use of the product.
Further you should ensure that any person identified in the review has given their permission to be included in the review or that you are permitted to give that permission yourself. You agree that we may edit your review before publication to remain with these terms.
We accept no liability for damage, loss, injury (other than or liability for personal injury or death as a result of our negligence or any other liability which cannot be excluded or limited by law) or disappointment of any kind suffered by any entrant. It is your responsibility prior to entering the competition that the product offered as prize is suitable for your use with your child.
The courts of England shall have exclusive jurisdiction of all disputes in entering this competition provided that the parties shall make at least one initial good faith attempt at mediation (costs shared) in attempting to resolve any dispute. The terms shall be governed under English law.
A KIDLY Reward is a single-use voucher ($) or discount (%) added to My Rewards.
Only one KIDLY Reward can be redeemed per order.
KIDLY Reward vouchers ($) are subject to a minimum spend.
KIDLY Rewards have an expiry date. The date is specified alongside each Reward in My Rewards.
The Parent Test
We reserve the right to withdraw the promotion at any time and to amend these terms at any time. Please note that this promotion is in no way sponsored, endorsed or administered by or associated with our social media organisation and is solely the responsibility of KIDLY Limited.
The promotion is open to UK residents aged 18 or over. Entries are accepted from individuals only and are limited to one entry per individual. No employees of KIDLY Limited may enter this promotion. No third party, group or organised entries are permitted and in the event you take part in the promotion and are in breach of these terms we reserve the right to charge you the full retail price for any goods supplied to you.
No purchase is necessary to enter this draw. Entries are accepted through our website and/or via our social media pages only. Details of those people chosen and providing reviews will be disclosed on our website and/or social media pages.
To enter, you should answer the question about the product identified by us. Chosen entries are picked against our published criteria.
The chosen entry will be picked by us at our sole discretion and we will not enter into any correspondence concerning the chosen entry. We will inform the person chosen within a reasonable period. We reserve the right to re-allocate the product to be reviewed by another if the person originally chosen does not respond to us within 48 hours of our first contacting them.
In the event that the product becomes unavailable for review we reserve the right to replace it with another product to review.
If you are the person whose entry is chosen, you will receive the product free of charge (there being no cash alternative) on the condition that you send us the following reviews based on your personal use of the product:
- A First Impression of the product on or soon after receiving it
- A Second Impression of the product up to 8 weeks after receiving the product
You confirm that we may contact you to remind you and/or assist you in supplying these reviews. If you fail to supply these reviews we reserve the right to charge you the full retail price of the product (in no way do we purport to affect your statutory rights on cancellation should you decide not to supply these reviews).
You may upload imagery including video or photographs as part of your review you must ensure that any such imagery does not contain the copyright work or brands of anybody else. You agree to ensure that your review does not contain any offensive, explicit sexual, obscene, defamatory, vulgar or otherwise unsuitable material. Your review should be limited to fair comment based on your personal use of the product. Further you should ensure that any person identified in the review has given their permission to be included in the review or that you are permitted to give that permission yourself. You agree that we may edit your review before publication to remain with these terms.
You confirm that we may publish your reviews including any associated imagery as part of our marketing including (but not limited to) on-line on our website and on social media.
We accept no liability for damage, loss, injury (other than or liability for personal injury or death as a result of our negligence) or disappointment of any kind suffered by any entrant. It is your responsibility prior to entering the promotion that the product offered for review is suitable for your use with your child.
The courts of England shall have exclusive jurisdiction of all disputes in entering this promotion provided that the parties shall make at least one initial good faith attempt at mediation (costs shared) in attempting to resolve any dispute. The terms shall be governed under English law.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping Charges notice for further information.
In order to contract with KIDLY you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. KIDLY retains the right to refuse any request made by you, and KIDLY reserves the right to close your KIDLY account at its sole discretion. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be KIDLY or may in some cases be a third party. Where a contract is made with a third party KIDLY is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. 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 goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18's.
a. Our Contract
i. When you place an order, 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 for the purchase of the goods will not be formed until your payment has been approved us and we have debited your credit or debit card.
b. Pricing and Availability
i. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Shipping costs will be charged in addition; such additional charges are clearly where applicable and included in the 'Total Cost'.
ii. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
i. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a full refund for the products (subject to the paragraph below Deductions from refunds if you are exercising your right to change your mind). We offer a period of 365 days after the day you (or someone you nominate) receive the items in which you are permitted to return the items to us and receive a full refund. It is free to return any items to KIDLY if you use a pre-approved method as set out in our Shipping and Returns Policy. We will also refund the original cost of delivering the item to you if you return the whole order to us. You have further legal rights to end the contract which are set out in more detail below.
When you don't have the right to change your mind.
You do not have a right to change your mind in respect of products which are personalised or which are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
Your Rights to End the Contract.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see paragraph 'Summary of your Legal Rights' below; or
(b) if you want to end the contract because of something we have done or have told you we are going to do, see paragraph 'Ending the contract because of something we have done or are going to do' below.
Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
How to end the contract with us
Tell us if you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Write to us at KIDLY, 2 Fountain Court, Victoria Square, St Albans, AL1 3TF, UK, including details of what you bought, when you ordered or received it and your name and address.
Your obligation to return rejected products.
If you wish to exercise your legal rights to reject products or you wish to return the products within the 365-day period, you must post the products back to us. When returning products to us you will need to use the relevant return label available to be printed on our Shipping and Returns page. If you do not use one of the pre-paid services described on KIDLY's Shipping and Returns page, then you will be responsible for the cost to return the products. If you are returning your whole order to us, then we will also refund the original cost of delivering your items to you.
If you feel the goods are not suitable for posting, please contact our customer service team by emailing: firstname.lastname@example.org or writing to: KIDLY, 2 Fountain Court, Victoria Square, St Albans, AL1 3TF, UK to discuss collection options. You must make the goods available to us for collection from you if we agree to collect the goods. You will be responsible for the cost of collection but we will only charge you the direct cost to us for collection. We will not charge you for administrative, handling or re-stocking in connection with the return of the goods.
Deductions from refunds if you are exercising your right to change your mind.
We may reduce your refund of the price (excluding shipping costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. You are permitted to remove goods from their original packaging for inspection purposes but the goods must be returned to us in their original packaging in order to obtain a full refund. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
How we will refund you.
We will refund you the price you paid for the products, including any original shipping costs if you are returning your whole order, by the method you used for payment. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, if we have not offered to collect goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see section 'Your obligation to return rejected products'.
Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with the contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law KIDLY and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect KIDLY's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with KIDLY 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 KIDLY.
You agree to indemnify, defend and hold harmless KIDLY, 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 of Service.
KIDLY shall have 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.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service 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.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any questions, complaints or comments. You can contact our customer service team by emailing: email@example.com or writing to: KIDLY, 2 Fountain Court, Victoria Square, St Albans, AL1 3TF, UK. If your dispute remains unresolved, you may be eligible to use the European Commission's Online Dispute Resolution platform.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and KIDLY. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of KIDLY.
Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high quality products, KIDLY recognizes its obligation to ensure that suppliers are operating ethically.
We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
- Minimum age of employment
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- No discrimination
- No harsh or inhumane treatment
- Working hours
- Rates of pay
- Terms of employment
KIDLY will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as KIDLY continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.