Terms and Conditions

Terms & Conditions of Supply

This page together with our Privacy Policy, Terms of Website Use (www.practicallaw.com/5-201-7195) and Website Acceptable Use Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms

Please click on the button marked “I Accept” at the appropriate place during your order process if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms (or save them to your computer) for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 19.03.2014 when we changed all clauses.

These Terms, and any Contract between us, are only in the English language.

1. Information about us

1.1 We operate the website www.papayatrading.co.uk We are Papaya Trading Ltd, a company registered in England and Wales under company number 08640415 and with our registered office c/o Windle & Bowker Ltd., Duke House, Duke Street, Skipton, North Yorkshire BD23 2HQ. Our VAT number is 170174331.

1.2  To contact us, please see our Contact Us page

2. Our Products

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, [because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

2.3 The packaging of the Products may vary from that shown on images on our site.

2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3. Use of our site

3.1 Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

4. How we use your personal information

4.1 We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

5. We supply business customers only (Trade only)

The distance selling regulations do not apply to business to business sales.

5.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2 These Terms and our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy.

5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

6. How the contract is formed between you and us

6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This means that your order has been accepted and the contract has been formed. This email (Dispatch Confirmation) will set out the estimated date of delivery.

6.3 Our order process means that we will not accept your order unless we have the product in stock. If it subsequently transpires that we are unable to supply you with a Product, for example because that Product is not in fact in stock or no longer available or because of an error in the price on our site as referred to in clause 11.7, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7. Our right to vary these terms

7.1 We may revise these Terms from time to time.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

8. Cancellations

8.1 If you chose to cancel your order more than 48 hours prior to the estimated delivery date given in our Despatch Confirmation we will refund the price paid for the Product and Delivery charges, less 50% of the Delivery Charge.

8.2 If you chose to cancel your order less than 48 hours prior to the estimated delivery date given in our Despatch Confirmation we will refund the price paid for the Product but not the Delivery Charge.

9. Delivery

9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

9.2 Delivery will be completed when we deliver the Products to the address you gave us.

9.3 If no one is available at your address to take delivery, this will amount to a Failed Delivery and you will incur the additional charges set out on our Delivery Charges Page.

9.4 Where there has been a Failed Delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

9.5 The Products will be your responsibility from the completion of delivery.

9.6 You own the Products once we have received payment in full, including all applicable delivery charges.

10. International delivery

10.1 Unfortunately, we do not deliver to addresses outside the UK.

10.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

11. Price of products and delivery charges

11.1 The prices of the Products will be as quoted on our Price List time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.7 for what happens in this event.

11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

11.3 You agree not to re-sell the Products at a price lower than our Minimum Retail Price (which includes VAT) as set out on our Price List

11.4 The price of a Product excludes VAT. VAT will be charged (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.5 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.

11.6 Failed Delivery Charges are set out on our Delivery Charges page.

11. 7 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

12. How to pay

12.1 You can only pay for Products using a debit card or credit card. We also accept BACS payment to our bank account

12.2 Payment for the Products and all applicable delivery charges is in advance.

13. Returns

13.1 Returns will only be accepted in the unlikely event that the Product is damaged or faulty.

13.2 All requests to Return a Product must be made within 7 days of delivery, by email, with photographic evidence of the damage or fault, and a photograph of the quality control label which will be found on the Product.

13.3 All Products must be returned in their original packaging and be properly repackaged. We accept no responsibility for further damage caused by failure to properly repackage.

14. Our warranty for the Products

14.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.

14.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:

a. fair wear and tear;

b. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

c. if you fail to operate or use the Products in accordance with the user instructions;

d. any alteration or repair by you or by a third party who is not one of our authorised repairers; or

e. any specification provided by you.

15. Our liability if you are a business

This clause 165 only applies if you are a business customer.

15.1 Nothing in these Terms limit or exclude our liability for:

a. death or personal injury caused by our negligence;

b. fraud or fraudulent misrepresentation;

c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

d. defective products under the Consumer Protection Act 1987.

15.2 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

a. any loss of profits, sales, business, or revenue;

b. loss or corruption of data, information or software;

c. loss of business opportunity;

d. loss of anticipated savings;

e. loss of goodwill; or

f. any indirect or consequential loss.

15.3 Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

15.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

16. Events outside our control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.

16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks[or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

a. we will contact you as soon as reasonably possible to notify you; and

b. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17. Communications between us

17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

17.2 If you are a business:

a. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.

b. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.

c. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

d. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

18. Other important terms

18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18.7 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

18.8 We will not file a copy of the Contract between us.

• Papaya Trading Ltd (“We”) are committed to protecting and respecting your privacy.

  This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.papayatrading.co.uk you are accepting and consenting to the practices described in this policy.

  For the purpose of the Data Protection Act 1998 (the Act), the data controller is Papaya Trading Ltd c/o Windle & Bowker Ltd, Croft House, Station Road, Barnoldswick BB18 5NA.

  Information we may collect from you

  We may collect and process the following data about you:

  Information you give us. You may give us information about you by filling in forms on our site www.papayatrading.co.uk (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.

  Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:

  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

  Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. [In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site.] We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

   

  Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.

  Uses made of the information

  We use information held about you in the following ways:

  • Information you give to us. We will use this information:

  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
  • to notify you about changes to our service;
  • to ensure that content from our site is presented in the most effective manner for you and for your computer.

  • Information we collect about you. We will use this information:

  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
  • to allow you to participate in interactive features of our service, when you choose to do so;
  • as part of our efforts to keep our site safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

  • Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
  • Retaining your Data. We will endeavor not to keep your personal information for longer than we have to for us to fulfill our obligations to you.

  Your rights

  You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us.

  Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

  Access to information

  The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.

  Changes to our privacy policy

  Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

  Contact

  Questions, comments and requests regarding this privacy policy are welcomed. Contact Us.