Vilkår for bruk

1. About Ochaya

The online store at ochaya.no is operated by Smart Properties AS, trading as Ochaya (“Ochaya”, “we”, “us” or “our”).

Company: Smart Properties AS
Organisation number: 930 798 517
Registered address: Herslebs gate 17C, 0561 Oslo, Norway
Email: hei@ochaya.no
Telephone: +47 400 66 928

2. Scope of These Terms

These Terms of Service (“Terms”) govern your use of ochaya.no and purchases made directly through our online store. By using the website or placing an order, you agree to these Terms.

Your purchase is also governed by the product information shown when you order, the checkout information, your order confirmation, our Refund Policy and our Privacy Policy. Specific terms clearly presented for a product, offer or order take precedence over these general Terms for that transaction.

Links to external ordering, booking or payment services may be governed by the separate terms of the relevant provider. These Terms do not apply to a transaction completed entirely through a third-party service unless expressly stated.

Nothing in these Terms limits any mandatory rights you have under applicable consumer law.

3. Eligibility and Acceptable Use

You must have legal capacity to enter into a binding agreement to place an order. If you place an order on behalf of a company or another person, you confirm that you are authorised to do so.

You must provide accurate, complete and current information. You may not use the website for unlawful, fraudulent or abusive purposes, interfere with its security or operation, introduce malicious code, scrape the website without permission, or infringe our or another person’s rights.

4. Products and Product Information

Ochaya sells Japanese tea, including matcha and hojicha, as well as tea tools, gift sets and related products. We aim to describe and display products accurately. Screen settings, lighting, packaging updates and the natural characteristics of tea, wood, ceramics and other materials may cause reasonable variations in colour, appearance, flavour or finish.

Product images are illustrative. The product title, variant, quantity, ingredients, price and other information displayed at the time of purchase form part of your order. Please review these details before completing checkout.

Information about tea, caffeine, preparation, focus, energy or wellbeing is provided for general informational purposes only and is not medical advice. Our products are not intended to diagnose, treat, cure or prevent disease. Please check ingredients and packaging information before use, follow storage and preparation instructions, and seek professional advice if you are pregnant, breastfeeding, sensitive to caffeine, taking medication or have a relevant medical condition or allergy.

All products are subject to availability. We may limit quantities where reasonably necessary, including for stock control, fraud prevention or fair distribution of limited products.

5. Prices, Taxes and Promotions

Prices are displayed in the currency shown in the store, normally Norwegian kroner (NOK). The total payable price, including applicable taxes, delivery charges and discounts, will be shown before you confirm your order.

Delivery charges depend on the method and destination selected and are displayed at checkout. Any free-shipping threshold applies only when the conditions shown in the store or at checkout are met.

Discount codes, gifts, bundles and promotional offers are subject to the conditions presented with the offer. Unless stated otherwise, offers cannot be combined, have no cash value and may be changed or withdrawn before an order is placed.

If a return means that an order no longer meets the conditions of an offer, the refund may be adjusted to reflect the products and discounts retained, to the extent permitted by law and clearly disclosed with the offer.

6. Orders and Contract Formation

When you submit an order, you make an offer to purchase the selected products. An automated message confirming receipt of your order does not necessarily mean that the order has been accepted. A binding purchase agreement is formed when we expressly accept the order or send a shipping or collection confirmation.

We may contact you before acceptance if information is missing or if we need to resolve a stock, payment, delivery or fraud-prevention issue.

We may reject or cancel an order before acceptance for a legitimate reason, including unavailability, failed payment, suspected fraud, delivery restrictions or an obvious pricing or description error. If payment has already been collected for a cancelled order, we will refund it using the original payment method.

You are responsible for reviewing your order and contact and delivery details before submitting it. Please contact us promptly if you discover an error. We will try to help, but changes or cancellations cannot be guaranteed after fulfilment has started.

7. Payment

Available payment methods are shown at checkout and may be provided by third-party payment providers. By selecting a payment method, you confirm that you are authorised to use it and authorise the relevant charge.

Payment may be authorised or collected when the order is placed, accepted or fulfilled, depending on the payment method. A payment provider may perform security checks or apply its own terms and privacy notice.

We are not responsible for a payment provider declining a transaction, but we remain responsible for our obligations as the seller.

8. Delivery, Collection and Risk

Available delivery destinations, methods, charges and estimated delivery times are shown in the store or at checkout. Delivery times are estimates unless we expressly agree to a fixed date. We will notify you if we become aware of a material delay.

You must provide a complete and accurate delivery address and follow reasonable instructions from the carrier. Additional costs caused by an incorrect address, an uncollected parcel or repeated delivery may be charged where permitted by law and where the cost was reasonably incurred.

If store collection is offered, the order may be collected only after you receive confirmation that it is ready. We may request order details and identification before releasing it.

For consumer purchases, the risk of loss or damage passes to you when you, or a person designated by you other than the carrier, takes physical possession of the goods, subject to mandatory law.

9. Delayed Delivery

If an order is delayed or not delivered, please contact us at hei@ochaya.no.

Depending on the circumstances and applicable law, you may be entitled to require delivery, set an additional reasonable deadline, cancel the purchase or claim compensation for a documented loss. Nothing in these Terms restricts those statutory remedies.

10. Right of Withdrawal, Returns and Refunds

Consumers purchasing online generally have a statutory 14-day right of withdrawal. The withdrawal period normally begins when you, or a person designated by you other than the carrier, receives the goods. For an order delivered in several parts, the period normally begins when the final part is received.

To exercise the right of withdrawal, notify us clearly at hei@ochaya.no before the deadline and include your order number. You must normally return the goods within 14 days after giving notice. The return address and full procedure are set out in our Refund Policy.

You are normally responsible for the direct cost of an ordinary withdrawal return when you were informed of that responsibility before purchase.

You may inspect goods as you would in a physical shop, but you may be responsible for diminished value caused by handling beyond what is necessary to establish the nature, characteristics and function of the goods.

Statutory exceptions to the right of withdrawal apply. In particular, the right may be lost for sealed goods that are not suitable for return for health-protection or hygiene reasons once the seal has been broken, where the legal conditions for that exception are met. This may include opened tea or food packaging in relevant circumstances. Other statutory exceptions may also apply.

Approved refunds are made in accordance with applicable law and our Refund Policy, normally to the original payment method. We do not charge a restocking fee.

Your statutory right of withdrawal is separate from your rights where goods are defective, damaged or incorrect.

11. Defective, Damaged or Incorrect Products

Please inspect your order after delivery and contact us promptly if a product is damaged, defective or incorrect. Include your order number, a description of the issue and photographs where reasonably possible.

Consumers have statutory complaint rights under Norwegian consumer law. Depending on the circumstances, available remedies may include repair, replacement, a price reduction, cancellation and/or compensation.

We will cover necessary return costs for a valid complaint where required by law. These rights are not limited by any commercial guarantee or by the withdrawal provisions above.

12. Customer Accounts

If you create an account, you are responsible for keeping your login information confidential and for activity carried out through your account.

Please notify us promptly if you suspect unauthorised access. We may suspend an account where reasonably necessary to protect the customer, Ochaya or others, or to investigate misuse.

13. Events, Wholesale and Franchise Enquiries

Information about events, wholesale supply, careers or franchise opportunities is general information unless specific terms are presented.

An enquiry, application or expression of interest is non-binding. Any booking, employment, wholesale or franchise relationship may be subject to a separate written agreement and additional terms.

14. Intellectual Property

The website and its content, including text, photographs, graphics, product presentation, branding, logos, video, layout and software, are owned by or licensed to Ochaya and are protected by intellectual-property laws.

You may use the website for personal, non-commercial shopping and information purposes. You may not reproduce, publish, distribute, modify, sell or commercially exploit website content without prior written permission, except where permitted by law.

15. Reviews and Other Submitted Content

If you submit a review, photograph, comment or other content, it must be truthful, relevant, lawful and based on your genuine experience. It must not infringe another person’s rights or contain confidential, misleading, abusive or malicious material.

You retain ownership of your content, but grant Ochaya a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, adapt for formatting, translate and use it in connection with the website, products and marketing, subject to applicable law and our Privacy Policy.

We may moderate or remove submitted content for legitimate reasons, but are not obliged to publish it.

16. Third-Party Services and Links

Our store is hosted by Shopify and may use third-party providers for payments, delivery, reviews, analytics, marketing and other functions.

The website may also link to independent third-party websites or services. Their own terms and privacy notices apply to your use of those services.

We are not responsible for independent third-party content or services outside our control. This does not affect our responsibility for our own obligations as the seller or for service providers where the law makes us responsible.

17. Privacy and Cookies

We process personal data as described in our Privacy Policy. Information about cookies and similar technologies is provided through our privacy and cookie information and the choices made available on the website.

18. Website Availability and Liability

We aim to keep the website accurate, secure and available, but do not guarantee uninterrupted or error-free access. We may maintain, update, suspend or change parts of the website where reasonably necessary.

To the maximum extent permitted by law, Ochaya is responsible for losses that are a foreseeable result of our breach of these Terms or applicable law.

We are not responsible for indirect or unforeseeable losses, business losses arising from a consumer purchase, or loss caused by circumstances attributable to you or an independent third party outside our reasonable control.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law, including liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or mandatory consumer rights.

19. Events Beyond Our Reasonable Control

We are not liable for delay or failure caused by events beyond our reasonable control, such as severe weather, transport disruption, strikes, public-authority action, import restrictions, infrastructure failure or major supplier disruption.

We will take reasonable steps to reduce the effect and keep you informed. Your mandatory rights in the event of delay or non-delivery remain unaffected.

20. Changes to These Terms

We may update these Terms to reflect changes to our business, website, services or legal obligations. The updated version will be published on this page with a new “Last updated” date.

Changes apply prospectively. An order is governed by the version accepted when that order was placed, unless a change is required by law or expressly agreed with you.

If any provision is held to be invalid or unenforceable, the remaining provisions remain in effect. A failure to enforce a provision does not waive the right to enforce it later.

21. Governing Law and Disputes

These Terms and purchases from Ochaya are governed by Norwegian law. If you are a consumer living in another country, this choice does not deprive you of mandatory consumer protection granted by the law of your country of residence.

Please contact us first so that we can try to resolve any concern. If we cannot resolve a consumer dispute together, you may seek guidance or mediation from the Norwegian Consumer Authority (Forbrukertilsynet) or another competent consumer-dispute body.

You may also bring a claim before a court with jurisdiction under applicable law.

22. Contact Us

Questions about these Terms or an order may be sent to:

Smart Properties AS / Ochaya
Herslebs gate 17C
0561 Oslo
Norway

Email: hei@ochaya.no
Telephone: +47 400 66 928