1. Acceptance and Modification of the Terms of Use
Your access and use of the websites (the "Websites") of Papaya AS are governed by the present terms of use (the "Terms of Use"). The VAT will be deducted for orders shipped outside Norway on checkout. Prices do not include delivery charges. By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us. If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.
2. Copyright and Intellectual Property
The content of our Websites such as texts, logos, photographs, layout, designs and products, are the property of Papaya AS and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
3. Use of the Websites
You may download, display or print the content of our Websites solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Papaya AS.
4. Information Deemed Non-Confidential
Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy . Papaya AS invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information. Any other information or material communicated to Papaya AS through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Papaya AS and may be freely used for any purpose By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Papaya’s use will not violate any third party’s rights. Papaya is under no obligation to use the information provided.
5. Limitation of Liability
You access, use, browse and navigate on our Websites at your own risk and peril. you recognise and accept that, to the fullest extent permitted by applicable regulations, Papaya , nor any other party involved in creating, producing or delivering the websites, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Papaya ), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the websites or their content. all materials which are downloaded or obtained by any other manner during the use of our websites are at your own risk and peril. Papaya assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems. Papaya reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Papaya accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Papaya or any third party.
6. Change of Information
The content of our Websites may contain inaccuracies or errors. Papaya reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
7. Links
As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Papaya. Papaya shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions. The creation of any hyperlink to our Websites is prohibited without prior written consent of Papaya AS. General Conditions of Sales: All orders placed by individuals with Papaya AS, having its registered office at Sverdrups Gate 9B, 0559 Oslo, Company registration no. 997 335 732, be it in-store or remotely by telephone, or the the Internet. Before using Papaya website and associated webpages and/or placing an order, we kindly ask you to carefully review all the terms included in the current General Conditions of Sales together with the Privacy Notice and the Website Terms of Use and any additional conditions that may appear on the Website from time to time, such as during promotions or campaigns. Each order placed with Papaya shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales. Our General Conditions of Sales may be modified from time to time by posting an updated version on the Website. You are invited to read our General Conditions of Sales on a regular basis to keep informed of these modifications. You will be bound by the General Conditions of Sales in force at the time you order Products from us. You may exercise your right to cancel if you are not happy with the changes as they apply to your order. You may save and/or print a copy of your electronic order confirmation, received by email, and these General Conditions of Sales for your records.   Any order placed through this Website can be delivered to Norway, North America, EU and Japan.
8. Orders
Registration To place an order, you will be required to provide mandatory registration information, such as your name and email address, and these will need to be valid and up-to-date. Please inform us of any changes in your address or other information by updating your personal details on this Website without delay so that we can keep accurate records and deal with your request and orders.
Password and confidentiality
After the registration procedure is completed on the Website, you will have a unique member account, with username and password. Security and confidentiality are important to us. To prevent your data from being compromised or detected by unauthorised parties while using our website we use TLS protocol (Transport Layer Security), which establishes a secure and encrypted transmission between your browser and our servers, at all times on our e-Commerce platforms and, at a minimum, during login on other platforms. It remains your responsibility to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.    If you know, or have reason to believe that your Credentials were stolen or misused, or in case of any other security issue, please notify Papaya immediately by Email. You are also advised to take the following precautions:
  • When you leave the Website, always use the Logout button on the top to close the session properly.
  • Your account username, password and access rights are exclusively for your personal use and shall not be transferred to or shared with others.
If Papaya knows or has reason to believe that your Credentials are indeed used by another person, Papaya shall immediately suspend the use of such account (including processing any transaction from such account). Order process
  • You can place your orders via the Internet: Papayaoslo.com
  • Papaya Products may be ordered through the Website by clicking on "Add to Basket" button and proceeding to the checkout page.
After ordering the Product/s on the Website, you will be sent to an order confirmation webpage where you can review your order, choose your delivery method and check the total price. After accepting the General Conditions of Sales, you will be invited to provide payment details via DIBS portal or Paypal to finalise your order. Order confirmation Once you have submitted and confirmed your order, Papaya will acknowledge receipt of the order by specifying the details of the ordered Product via email. After confirming receipt of your order, Papaya will check that the relevant Product(s) is/are in stock. A contract for the sale of Products between you and Papaya will only be formed when Papaya confirms that all or part of the Product(s) is/are still available and has/have been dispatched. The contract comes into force once the shipment confirmation is sent. The shipment confirmation from Papaya will be proof of a binding agreement between you and Papaya. The contract of sale will apply only to those Products whose dispatch we have confirmed. To the extent permitted by law, Papaya is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example, we may refuse an order if a Product is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the Product(s), we will refund you the full amount in respect of the relevant Product(s) and any delivery costs charged as soon as possible. Papaya may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders which Papaya suspects are not placed in good faith. Prices The prices payable for the items you order are those displayed on this Website on the date you place your order, inclusive of VAT. Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the check-out process and before you place your order. The price of a Product and delivery costs displayed on the Website and confirmed in your order confirmation will normally be honoured. Papaya reserves the right to modify the prices of its Products in the future. Price modifications will not apply to orders of Products already confirmed by Papaya. Payment Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by card or Paypal. Payment by credit card/PayPal is immediately due and payable at the time you place your order. Your card details are encrypted during all transmissions for security purposes (by DIBS). Depending on the payment service provider (DIBS), payment by credit card may require an authorisation or be executed in multiples steps. In the event Papaya does not receive the authorisation, Papaya reserves the right to cancel your order. The data registered by our payment system partner (DIBS) constitutes full proof of the financial transactions. Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by card or Paypal. Payment by credit card/PayPal is immediately due and payable at the time you place your order. Your card details are encrypted during all transmissions for security purposes (by DIBS).
1. Acceptance and Modification of the Terms of Use
Payment Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by card or Paypal. Payment by credit card/PayPal is immediately due and payable at the time you place your order. Your card details are encrypted during all transmissions for security purposes (by DIBS). Depending on the payment service provider (DIBS), payment by credit card may require an authorisation or be executed in multiples steps. In the event Papaya does not receive the authorisation, Papaya reserves the right to cancel your order. The data registered by our payment system partner (DIBS) constitutes full proof of the financial transactions. Depending on the payment service provider (DIBS), payment by credit card may require an authorisation or be executed in multiples steps. In the event Papaya does not receive the authorisation, Papaya reserves the right to cancel your order. The data registered by our payment system partner (DIBS) constitutes full proof of the financial transactions.
DELIVERIES
Delivery All orders confirmed by Papaya will be delivered to the delivery address you specified when placing your order. Papaya and/or companies authorised by Papaya may contact you by SMS, telephone and/or email with information regarding your order and delivery. Papaya does its utmost to ensure standard deliveries (subject to stock availability and after receipt of cleared funds) within [1 – 3 working days, and at the latest within 30 days. If the delivery has not occurred within the above-mentioned time, please contact Papaya to agree on a new delivery date for the Products, or to notify Papaya that you are cancelling your order. In order to deliver orders on time, Papaya strives to keep sufficient stocks of Products. However, it is possible that stocks of certain Products are too low to cover all deliveries on time. In such cases, you accept that Papaya is entitled to complete partial deliveries, or to defer delivery. Orders for Products available in limited quantities will only be accepted by us as long as stocks allow. Transfer of property and risk The delivered Papaya Products shall remain our property until you have paid all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation. All risk of loss, or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting on your behalf). Product verification At the time of the delivery, you are requested to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, dry and unaltered in any manner. Should you observe damage or missing items, you must notify our Customer Centre within a reasonable period after you discovered the damage or missing item and not later than one months. Papaya shall in such case provide you with identical replacement Products. This does not affect your legal warranty statutory rights. Payment Payments shall be made by credit card. All recurrent orders will be billed to your credit card on the day of shipment. In the event that your credit card cannot be charged, Papaya will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment. Modification and Cancellation You are entitled to cancel one or more recurrent orders or modify the Product(s) basket, the frequency or any customer detail at any time free of charge. In the event that you cancel a specific order before or while your order is being shipped, you are entitled to refuse the delivery of the Product(s) and, in the event that you received the Product(s) to return the order in accordance with the present General Conditions of Sale. Out of stock If one of your Product(s) is out of stock we will notify you by email. You will not be charged for any Product(s) which is out of stock. Promotions You will have the opportunity to benefit from promotional offers specifically relating to your Papaya customer club membership. These promotions will not be applicable to any order made outside Papaya customer club membership. With your membership account, you will also have the possibility to benefit from ongoing general campaigns and promotions. Your membership subscription does not automatically take into account other promotional offers announced on or around the time of your recurrent order processing. To benefit from such a promotion, it is recommended to place a separate order. 
RETURN AND AFTER SALES
Cancellations If you cancel your order before you have received Product(s), you are entitled to refuse the delivery of the Product(s) and we will refund you in full within 14 days of your order cancellation notice. Right of Return You may also decide to return your order at any time from the date of the order up to and including 14 days from receipt of the Products by notifying us by mail at kundeservice@papayaoslo.com. Once you have notified us of your intention to return the Product/s, you will have 14 days to return the Product/s to us, in accordance with our return policy. You are liable for any diminished value of the Products resulting from the handling by you other than what is necessary to establish the nature, characteristics and functioning of the Products. Effects of Return If you exercise your return right, we shall reimburse to you all payments received from you, excluded the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement, except costs of delivery. Return Policy When you return the Product, you must return the Product/s to us in an undamaged and unused condition at your expense within 14 days from informing us of your intention to return the item. So far as as possible and practical, the Products should be returned in their original condition and packaging. You shall send back the Products or hand them over to us or return them to the place of purchase, without undue delay and in any event not later than 14 days from the day on which you communicate to us your withdrawal from this contract. To the extent practical, and for due process of your request, the Products should be returned accompanied by the invoice and the return form (Download link). The deadline is met if you send back the Products before the period of 14 days has expired. Warranties The Products are covered by the Papaya warranty in accordance with the conditions transmitted at the time of the purchase, without prejudice, however, of your legal rights under applicable mandatory national legislation, including but not limited to your legal guarantee of conformity for Products of. Chapter 6 in the Norwegian Consumers Code entitling any consumer:
  • To act within a reasonable period of time and no later than one years from the date of delivery.
  • To choose between repair and replacement of his good, subject to cost conditions laid down in Article 29 and 30 of the Consumer Code;
The provisions of this clause do not replace the rights you have under the legal warranty against hidden defects of Articles 18 and 27 and subsequent of the Consumer Purchases Cancellation Act’s Article 20.   The customer is responsible for the standard maintenance and cleaning of his products. LIABILITY The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. Papaya shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website. Without limiting the scope of these General Conditions of Sale and to the extent permitted by applicable law, no claim of any kind, whether as to Products delivered or non-delivery of Products, or otherwise, shall be greater in amount than the purchase price of the Products in respect of which damages are claimed. In no event shall Papaya be liable for any indirect, incidental or consequential damages of any nature (even if the advent of such damage was known or could have been known by Papaya), capable of arising in connection with its Products, their use, sale or this Website. We shall not be held liable for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Products for personal and private use and you agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) defective Products; or
(iv) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
FORCE MAJEURE Papaya will make every reasonable effort to fulfil its obligations. However, Papaya cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the Production, transportation or delivery of Products. In the event of a delay caused by force majeury, Papaya obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Papaya will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us. You will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including delivery charges.
LAW AND FORUM The current General Conditions of Sale and your purchase of Products from Papaya shall be governed by and construed in accordance with the laws of Norway, without resort to its conflict of law provisions. Any dispute or claim arising out of or in connection with the General Conditions of Sale or your purchase of Products from Papaya (including non-contractual disputes or claims) shall be subject to the jurisdiction of Norwegian courts.
Returns
If you change your mind about an item you must notify us within 14 days after receiving your item and ship it to Papaya within the following 14 days from having notified us.