Agreement to terms

These Terms of Use (“Terms”) constitute a legally binding agreement made between you and Papaya Diaries (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.papayadiaries.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site). We are registered in the Netherlands. Our VAT number is NL004109702B19. KvK: 86954172. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all the Terms.

We reserve the right to make changes or modifications to the Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms. 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

Orders

An order will be processed once it has been placed on the Site by adding the product(s) to the shopping cart. If the order has been accepted by Papaya Diaries, you will receive an e-mail confirmation after the order has been placed. 

Products

We make every effort to display as accurately as possible the colors, features, specifications and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue supplying any products at any time. 

Prices

Prices indicated on the Site are in Euros, inclusive of Value Added Tax (VAT) and exclusive of shipping costs. The total purchase price due will be indicated in the shopping cart when the order is placed. Prices for products may be subject to change, without any notice being required. 

Purchases and payments

We accept the following forms of payment:

• Mastercard
• PayPal
• iDeal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transaction and contact you as needed. All payments are made in Euros.

You agree to pay all charges for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors in pricing, even if we have already requested or received payment. 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per order. These restrictions may include orders placed by, or under, the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors. 

Shipping

Shipment will be organized through carriers designated by Papaya Diaries. Please review the Shipping section on the website for more information. 

Returns

You are entitled to return your order. Returns are subject to certain conditions. Please review the Returns section on the Site prior to making any purchases.

Force majeure

We are not liable for any damage as a result of a delay in delivery, or a failure to deliver that has been caused by circumstances that impede us from complying with our obligations, including but not limited to war, threat of war, riots, strikes, transport issues, trade limitations, custom authority issues, fires, floods, earthquakes, and supply interruptions. 

If as a result of a situation involving force majeure we fail to comply with our obligations, we will perform the order within a reasonable term or, if that is not possible, dissolve the order in whole or in part, without being obliged to pay any compensation. 

Complaints

You agree to inspect the product(s) when delivered to you, and to notify us within a reasonable term in the event of any visible defects or other complaints regarding the order. Such complaints must be submitted in writing (via: info@papayadiaries.com) and must be fully and clearly substantiated. We will respond to any complaints within a term of 14 days after receipt. 

The buyer acknowledges that minor deviations in respect of the quality, size, colour, finishing etc. of products cannot be avoided and are difficult to constitute. 

Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Contributions

You agree that we may access, store, process and use any information and personal data that you provide following the Privacy Policy (please see Article 12) and your choices. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

Privacy policy

We care about your right to privacy, and are committed to protecting and safeguarding your personal data. Our Privacy Policy meets the high standards of the European data protection law, known as the General Data Protection Regulation (“GDPR”). 

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated by the Terms. Please be advised that the Site is hosted in the Netherlands, if you access the Site from any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in the Netherlands, then through your continued use of the Site, you are transferring your data to the Netherlands, and you expressly consent to have your data transferred to and processed in the Netherlands. 

When you place an order on the Site, email us or subscribe to our newsletter, you transmit personal data such as your name, contact details and payment information. Information provided by you will only be used for the purpose for which it is provided, unless you are informed otherwise at the time of providing the information. 

We may use your information to ship your order, to communicate with you and to operate the Site. We may maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. 

We may disclose your personal information to third parties in order to meet our obligation to service you. This includes our carriers and payment providers – who we need to share customer information with in order for them to process the order.

Under certain circumstances we may be required by law, court order, or governmental authority to disclose certain types of personal data. We reserve the right to comply with any such legally binding request. 

We will only hold your personal data in our systems for as long as is necessary. You are entitled to see copies of all personal data held by us, and to amend, correct, or delete such data. You can also limit, restrict, or object to the processing of your data, by emailing us at info@papayadiaries.com. 

We have taken appropriate measures to prioritize data security and protect against unauthorized or unlawful use of your data. However, while we strive to protect your personal data, we cannot guarantee the security of any information you transmit to us. 

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