Terms & Conditions
We will advise you as soon as possible if the inventory is running low and the item might be on backorder.
We will generally ship orders within 3 business days after receipt of the order. However, we strongly advise you to allow yourself and us ample lead time. We advise a minimum of 7 days lead time. Expedited shipping is available at an additional cost.
We will notify you 10 days in advance of any changes in price, availability or terms and conditions.
Food Allergy Disclaimer
Food products that The Papaya Exchange LLC provides are generally labeled with possible allergen-containing ingredients from the manufacturer. Any non-labeled food always has a risk of possible allergen contamination. All clients and their guests are encouraged to read the labels before consuming. The Papaya Exchange LLC will not assume any liability for adverse reactions to food consumed including labeled and non-labeled food products.
We pride ourselves on working with small-batch and local artisan businesses and as a result, certain items can become unavailable on occasion. In the event an item is unavailable at the time of being ordered, we will contact you to inquire about substitutions. If we do not hear back within 4 business days, we’ll take one of the following actions: 1/ Substitute with an item of equal or greater value and as close to your original item as possible. 2/ If your item is especially unique and an appropriate substitution doesn’t exist, we’ll omit the item and issue a credit.
Warm Weather Shipping
For orders including items vulnerable to the heat (i.e. products that may melt), a $10 charge will be added for cold packs upon request. The $10 is only added to orders containing food items subject to melting. Any items requiring the cold packs will be clearly designated as such in the item description within the Website. Please note that ordering items subject to melting is at your own risk. Quality upon delivery of these items cannot be guaranteed by The Papaya Exchange LLC. The Papaya Exchange LLC will not issue refunds as a result of melting regardless of the time of year even if cold packs were used.
On occasion, manufacturers may update their product packaging and ingredient lists. As a result, actual product packaging may differ from what is displayed on ThePapayaeExchange.com or Custom Gift Design Proposals. It is the responsibility of the client and guests of the client to always read labels, warnings, and directions before using or consuming a product. For most current and/or additional information about a product, please contact the manufacturer.
The Papaya Exchange LLC has made every effort to display as accurately as possible the images of its products that appear at the Site. We cannot guarantee that your computer monitor’s display of any product will be completely accurate.
All orders are final sale and non-refundable. If your order arrives and you’re not satisfied, please contact us immediately and we will work with you to make sure you are completely satisfied.
While we do our best to communicate directly with the hotel on your behalf, we are not responsible for welcome gifts after they have been delivered and signed for by hotel personnel. It is the responsibility of the personnel of the hotel to notify the guest that there is a gift at the front desk and/or present the hotel guest with the gift. We do not offer refunds for packages not provided to hotel guests once the responsibility has been assumed by hotel personnel. We are not responsible for unclaimed packages. It is your responsibility to know and abide by the hotel’s policies regarding welcome gifts and any associated fees that may apply.
It is your responsibility to provide correct shipping/delivery information. Accurate and complete information is required to avoid additional fees as well as delays in your order. Be sure to include accurate shipping information including full name, street address, apartment #, suite #, zip code, etc. If possible include recipients telephone number as well as your day-time telephone number. If an item is returned to us due to incorrect shipping address or recipient refusal, we will charge a re-delivery fee. If an item is forwarded by the postal/deliver company due to incorrect shipping information, a $12.00 address correction fee is charged to us and in turn will be charged to you.
We cannot provide a refund on delivery or shipping charges. We are not responsible for packages unclaimed from postal or delivery companies. If packages are returned to us because they were unclaimed, we can arrange to have the gift sent to an alternate address for an additional shipping fee. We do not offer refunds because a package was not claimed by your recipient.
FedEx drivers obtain signatures at their discretion unless a signature is specifically required by the sender. Packages might be left at the residence without obtaining a signature. Signature service is an extra charge. If you would like to request a signature for your package, please call us to place your order by telephone.
We must receive notification of damaged products within 48 hours of delivery. For products damaged during shipping, please keep all original packing material for courier inspection in order to file a claim with our shipper.
The Papaya Exchange LLC reserves the right to include a business card and/or insert card inside each welcome gift. We also reserve the right to publish finished products on social media, industry blogs as well as the The Papaya Exchange LLC.
All customizable items (i.e. personalized gift tag or sticker templates, uploaded documents, custom printing) included as part of an order will be printed exactly as they are submitted by the customer. It is the customer’s sole responsibility to ensure that all submissions are correct. The Papaya Exchange LLC. is not responsible for any misspellings, typographical errors, omissions, or any other inaccuracies contained in any submissions provided by the customer.
Changes to Pricing & Services
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We welcome your comments regarding the ThePapayaExchange.com Website or Services. If, either voluntarily or at our request, you send certain specific submissions in the form of creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Please know that any comments, feedback, notes, messages, ideas, suggestions or other communications sent to ThePapayaExchange.com or The Papaya Exchange LLC. (to include all social media platforms) shall be and remain the exclusive property of The Papaya Exchange LLC. Additionally, all images and documents designed on and/or uploaded to our website shall be and remain the exclusive property of The Papaya Exchange LLC. Your submission of any such Comments and/or Documents shall constitute an assignment to The Papaya Exchange LLC. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments and/or Documents. The Papaya Exchange LLC. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
The Owner will own all of its proprietary information as included in the Services, as well as all source code, object code, screens, documentation, digital programming, operating instructions, design concepts, content, graphics, domain names, and characters. All Services provided by the Designer, including systems, computer programs, operating instructions, unique design concepts, other documentation developed for or specifically relating to the Owner’ information processing, all of the Owner’ source documents, stored data and other information of any kind, and reports and notes prepared by the Designer, will be “works for hire” under applicable United States copyright laws, and therefore the property of the Owner. Such work may not be used by the Designer for any other purpose except for the benefit of the Owner. Any and all such property shall be delivered to the Owner on request by the Owner. Upon request, the Designer shall sign all documents necessary to confirm or perfect the exclusive ownership interests of the Owner.
The Owner will not use the names, trademarks, service marks, symbols or any abbreviations of the Client, without the prior written consent of the Client.
Either party may terminate this Agreement at any time by providing 30 days notice advance written notice. In the event of such termination, the Client shall be obligated to pay the balance for the remaining gifts and products held in inventory on the Client’s behalf.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
The ThePapayaExchange.com website and the entire contents contained on the ThePapayaExchange.com website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of The Papaya Exchange LLC. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior written consent of The Papaya Exchange LLC. The content of the Website and the Website itself are intended solely for the personal and non-commercial use of the users of the site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the content on any network computer or broadcast the content in any media and/or in any form or format, (3) you do not modify or alter the content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to The Papaya Exchange LLC. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. The Papaya Exchange LLC. reserves complete title and full intellectual property rights in any content you download from this website.
The Website and Services and all of its contents are provided on an “as is” basis without warranties of any kind, either express or implied. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that The Papaya Exchange LLC. shall not be liable for any damages of any kind related to your use of this Website.
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors and clients. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Governing Law / Forum.
This Agreement shall be construed in accordance with the internal laws of the State of Hawaii, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of Hawaii, and both parties expressly consent to jurisdiction in such courts.
Complete Contract / Amendment.
This Agreement supersedes all prior agreements and understandings between the parties for performance of the Services, and constitutes the complete agreement and understanding between the parties. The parties may amend this Agreement in a written document signed by both parties.