Payment
The following payment methods are accepted:
> PayPal
> West Union
>Bank Transfer
We put in place a stringent payment approval process to guard against fraudulent transaction activities. As a result, we may request further proof of identity and/or other information and documents from you to authenticate your PayPal transaction prior to approving your order or transaction. If you fail to provide us with such requested proof, information or documents, we reserve the right to reject, cancel or terminate your order or transaction.
> We reserve the right to reject your payment made by PayPal and to request payment West Union for any order or transaction, in which event we shall refund to you (without interest) the payment you have made via the original payment method.
> For payment by West Union, please contact sales@1stidea.com for details.
> Kindly note that we require payment in full in advance before accepting and processing your order or transaction. Accordingly, we reserve the right to decline or to refuse to process your order or transaction, unless and until your payment for the order or transaction is actually received by us in full in advance.
Transfer of Risk & Title
Following acceptance by us of your order through papayaone.com for any product presented in this website, all titles and risks (including but not limited to the risks of any loss or damage) in respect of such product shall pass to you immediately upon the handing over of such product to the shipper or shipping agent or carrier (whoever first received such product) for shipment to you.
Duties & Taxes
> Most products are subject to import duties (e.g. in the U.S.) or other duties, and other charges including value-added tax (VAT) or other taxes. If these are applicable, they will be levied and determined when the shipment is processed by the applicable customs agency in your country. Please check your country’s import policy to understand and ascertain the applicability of and your liability for any such duties or taxes for the products you purchase.
> All applicable duties and taxes, if any, are not included in the purchase price of your order or transaction. If they apply and are levied, then they are your (and not our or the product manufacturer’s or supplier’s) sole and exclusive responsibility and shall be paid by you directly to your government or to the courier company, when the products are delivered.
> Payment of the above duties, charges and taxes are not our (or the product manufacturer’s or supplier’s) responsibility.
> We shall not be responsible for any shipping or customs delay since this is outside our control.
Certifications
Each country may have its own certification requirements for certain products. We do not make any representation or warranty whatsoever that any product presented on 1stidea.com meets or complies with any such certification requirements. It is your own responsibility to ensure that individual products meet and comply with the certification requirements of your country before you purchase them. If you have a specific question about a product, please contact sales@1stidea.com. However, please note that, notwithstanding any information or advice that we may provide to you, we shall not be liable whatsoever for any failure or inability of a product to meet or comply with applicable certification requirements.
Product Availability
> Please note that sometimes products presented on 1stidea.com are or may become unavailable, or may be available but only in lesser or limited quantities (for example due to extremely quick turnovers of certain popular items), or may be or become subject to shipping availability or delivery delays.
> In such circumstances, we shall notify you of your options available at that time (if any). For example, a postponement or extension of time for the order or transaction processing and delivery of the products concerned, or a restriction of your order or transaction quantity to a lower amount, or a cancellation or termination of your order or transaction, may arise.
> If it appears that no such option is reasonably or commercially feasible, appropriate or available, or that no such option can or is likely to be agreed upon by the parties, then we shall have the right to reject, cancel or terminate your order or transaction. In such event, we shall refund to you (without interest) any payment you made and which we have received for such order or transaction. Such refund shall constitute our sole and exclusive liability, and your sole and exclusive remedy, in respect of any non- or limited availability of products or any shipping availability or delivery delays (as the case may be), and the resulting rejection, cancellation or termination.
Applicability
Any and all orders and transactions made or processed through 1stidea.com are subject to, and shall constitute acceptance of and agreement to, these 1stidea.com Terms & Conditions, as amended and/or supplemented by any other product-specific Additional Terms & Conditions, if applicable (see below).
> Please note that other Additional Terms & Conditions may apply to specific products. Such Additional Terms & Conditions (if any) are posted and available on the applicable product page. In the event of any conflict or inconsistency between the provisions of these PapayaOne Terms & Conditions and the provisions of the applicable Additional Terms & Conditions (if any), the provisions of the applicable Additional Terms & Conditions shall prevail, but only to the extent of such conflict or inconsistency.
> We may change these 1stidea Terms & Conditions at any time, by posting the amended version on 1stidea.com. Such amended version shall automatically be effective upon its posting on this website.
Disclaimers
> Please note that we are not the actual manufacturer and/or the original supplier of any of the products presented on 1stidea.com. We procure these products from the actual manufacturer(s) and/or original supplier(s).
> Accordingly, except as otherwise expressly provided in these 1stidea Terms & Conditions or in the applicable Additional Terms & Conditions (if any):1. We do not make any representation or warranty whatsoever (whether express or implied) in respect of any of the products presented on 1stidea.com, including (but not limited to) any representation or warranty as to use, operation, condition, quality, merchant-ability, suitability, fitness for any purpose, non-infringement of any intellectual property or other rights, or compliance with or non-violation of any law or regulation; and 2. We disclaim, do not assume and shall have no responsibility or liability whatsoever in respect of, or arising from or in connection with, or in any way relating to or associated with, any of the products presented on 1stidea.com or the advertising, offering, sale, delivery, export or import thereof, including but not limited to any responsibility or liability for any compensatory, direct, indirect, incidental, special or consequential loss or damage; or any loss of data, business, opportunity, income, revenue or profit; or any loss of or damage to property; or any claim of or by any third party.
> Without affecting the generality of the above disclaimers and exclusions, please note in particular that, as we are not the actual manufacturer and/or original supplier of the products presented on 1stidea.com, we are unable to and do not warrant the legitimate or authentic intellectual property status of such products, and we cannot and shall not be responsible or liable in the event of any intellectual property infringement claims, actions or consequences arising from or in connection with such products or the sale or use (in commerce or otherwise) thereof.
> We shall not be liable for any delay, breach or failure of performance due to, or arising from or in connection with, any cause, reason or event beyond our reasonable control, for example (but not limited to) any act of God; any fire, flood, explosion, storm, typhoon, hurricane, earthquake, tsunami or disaster; any theft, robbery or vandalism; any disease outbreak or epidemic or quarantine restriction; any notice, order, direction, instruction, request, requirement, act or omission of any governmental, regulatory, legislative, executive, judicial, civil or military authority, agency or body (including any customs authority); any national emergency, insurrection, riot, civil commotion, war or warlike operation; any act of terrorism; any strike, lockout, work stoppage or labor dispute, trouble or difficulty; any delay in shipping or transportation; any manufacturer, supplier or product unavailability or shortage; or any breach, delay, fault, act or omission of any product manufacturer or supplier, or any of our service providers (including our warehousing, logistics, shipping or delivery service providers), or any other third party.
> If any disclaimer or exclusion herein is not permissible under any applicable law, then we shall only be liable to pay to you the lower of either one of the following (and not both): (i) a refund (without interest) of any payment actually remitted to and received by us for the product concerned; or (ii) a compensation for the amount of any actual direct damage or loss proven by you (as substantiated by evidence and documents reasonably acceptable to us), up to a maximum amount not exceeding in the aggregate the total purchase price for the product concerned. Under no circumstances whatsoever shall our liability to you, whether in contract or in tort (including negligence) or under any other theory, ground or cause of action, exceed in the aggregate a maximum amount equal to the total purchase price for the product concerned.
Buyer’s Warranties & Indemnities
> You hereby represent and warrant that you have all lawful rights (including but not limited to any and all applicable governmental or regulatory permits, consents, approvals or licenses) necessary to place your order or to transact for, to purchase and pay for, to import and take delivery of, and to use (in commerce or otherwise) or further transact in, the product(s) concerned and to perform all of your associated obligations, activities and transactions, and that such ordering, transaction, purchase, payment, importation, taking of delivery, use (in commerce or otherwise), further transaction and/or performance do not and shall not infringe any right (including but not limited to any intellectual property rights) of any person or entity or violate any applicable law or regulation.
> You agree to indemnify, defend and hold harmless us (and our parents, subsidiaries and affiliates) and any of our (or their) directors, officers, employees, agents, representatives, contractors and product or service suppliers, from and against any and all claims, losses, damages, liabilities, suits, actions, proceedings, judgments, fines, penalties, costs and expenses (including legal fees and disbursements on a full indemnity basis) arising from or in connection with any breach of any of your representations, warranties, undertakings, agreements and/or obligations here under.
Cooperation in Legal or Regulatory Proceedings
> You expressly agree that (i) you shall upon our request provide us with copies of any notices and/or other documents from each applicable customs agency and/or other governmental or regulatory authorities and/or customs brokers, relating to the shipments and/or products concerned; (ii) we are hereby authorized by you to request for, procure and obtain any notices, information and/or documents directly from each applicable customs agency and/or other governmental or regulatory authorities and/or customs brokers, relating to the shipments and/or products concerned; and (iii) you shall provide us (upon reasonable notice) with any and all relevant information and documents requested by us, and shall co-operate reasonably with us, in connection with or for the purposes of our investigating, responding to and/or dealing with any applicable customs agency and/or regulatory inquiries, investigations, seizures and/or actions, and/or any other legal or regulatory proceedings, relating to the shipments and/or products concerned.
Other Terms & Conditions
> We shall do our best to provide timely and helpful customer support to you. If you find problems with our service, please contact us at sales@1stidea.com and we shall try to resolve any problems as quickly as possible.
> We reserve the right to reject, cancel or terminate any order or transaction without any reason or cause, in which case we shall refund to you (without interest) any payment you may already have made for such order or transaction. Such refund shall constitute our sole and exclusive liability, and your sole and exclusive remedy, in respect of such rejection, cancellation or termination.
> We have the right to modify our shipping and handling terms, return policy, and any other terms and conditions of these 7thBoutiqueTerms & Conditions or any applicable Additional Terms & Conditions, with or without any prior notice.> Pricing and availability subject to change without notice. All logos shown in product photos are for demonstration only. Your products will have your own custom imprint.