Terms & Conditions
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Honey Papaya Limited, a company registered in England and Wales under number 9947276, whose registered office is at Unit 3, 18 High Street, Kidlington, OX5 2FW, with email address [email protected]; (“Honey Papaya”, the Supplier, we, us or our). (“Honey Papaya”) website located at www.honeypapaya.com (“the Site”).
Honey Papaya provides this Site as a service to our customers. Please read the following terms of service (“Terms”) as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site, our services and content are collectively called the “Services.”
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile devices) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifiers) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breaches of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms & Conditions or if any details you provide for the purposes of registering as a user prove to be false.
The Products are owned and sold on the Website by Honey Papaya. Honey Papaya attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms & Conditions will affect these legal rights.
The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes. Honey Papaya does not have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Ordering & Availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Pay Now” button on the checkout page.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Pay Now” button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched (Despatch Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Despatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate Despatch Confirmation.
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances.
Your order will be delivered to the delivery address you specify when placing your order.
If your delivery address is geographically remote, for example, certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products comprised within the same order cannot be delivered to different addresses.
Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working weekdays in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours of 8 am and 5 pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
If you order Product(s) for international delivery, they may be opened and inspected by customs authorities and 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. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) is destined. We will not be liable for any breach by you of any such laws.
Risk & Ownership
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
Price & Payments
The price of Products is as quoted on the Site from time to time.
Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping bag, and have selected your chosen different delivery method.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Returned Products must conform to our returns policy below.
You have a legal obligation to take reasonable care of the products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines:
- Products should be returned unworn (other than to try them on), unwashed, undamaged and unused with their original tags;
- Products should be returned in the original boxes provided and inside a protective shipping box;
- For hygiene reasons earrings cannot be returned if unwrapped unless the product is faulty.
If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).
We recommend that you return Products in their original packaging to ensure the necessary protection when in transit. Follow the instructions outlined below:
Cancel the Contract by clearly informing us through email at [email protected]
Complete the returns note and enclose it with your parcel whilst requesting proof of postage. Please retain this until you have received your refund. When we receive your Order we will send an email to you confirming the refund has been successful and your card will be credited.
If you are returning Orders in the UK, you can use the prepaid shipping labels provided to return your Order.
Ensure your Goods are in a securely wrapped parcel and place a returns address label on the parcel.
The returns address is Honey Papaya Returns, Unit 3, 18 High Street, Kidlington, Oxfordshire, OX5 2FW.
Provided that you have notified us that you wish to cancel your entire order under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contract Regulations”), and the return of your goods also meets the terms of our terms and conditions, we will refund all basic delivery cost (such cost equal to the least expensive delivery cost that we offer). If you are entitled to a refund of basic delivery costs, you must claim your refund of basic delivery costs by contacting us at [email protected] Please allow five working days from the date we have received your delivery charges refund request for the refund to be processed. Please be aware that you will not be entitled to a refund of your delivery charges if you are only returning part of your order.
If you do not exercise your cancellation rights under the Consumer Contract Regulations, the delivery cost of returning the Goods to us is your responsibility. All customs and import duties will be your responsibility. When booking your return you should select ‘duty payable by sender’. If your return is because the goods are faulty, you will be liable for the costs of postage and any applicable import duty but we will refund the costs once we have received the product and established that the product is faulty, on the condition that you send proof of this to us by email at [email protected]
All refunds under this Part will be made within fourteen (14) days from receipt of the returned Goods.
At Honey Papaya, we are committed to providing our customers with great quality products at low prices. Our products are sold online only in limited quantities and availabilities. We have done our best to display our items as accurately as possible via our Services. Please be aware however that variations in style, colour, size, shape and look may occur. If you are not satisfied your purchase, please review our return policy under our FAQ at http://www.honeypapaya.com/help/.
All of the content that appears on the Site, including all visuals and text are subject to copyright protection and/or other intellectual property rights or licenses held by Honey Papaya (“Content”). We either own or have a license to all such Content.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Use of the Services
We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things, otherwise, we might have to suspend or terminate your Account:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, our name, any Honey Papaya trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Everlane or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to interfere in any way with the Services or Honey Papaya’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Correction of Site Errors
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologise for any inconveniences.
You agree to indemnify and hold Honey Papaya (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).
Third Party Links
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us at [email protected].
Disclaimer of Warranty
All content, products, and services on the site are provided to you “as is” without any guarantees or warranty. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of dealing or usage of trade.
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because we believe the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these Terms & Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms & Conditions is found to be unenforceable, all other provisions shall remain unaffected.
These Terms & Conditions may not be varied except with our express written consent.
These Terms & Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These Terms & Conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
Questions for us?
If you have any questions about these Terms or the Services, please contact us at [email protected].