1. GENERAL PROVISIONS
1.1. The following text is an agreement between the online service https://www.yasya.com.ua (hereinafter the "Seller") and the user of the online service, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as "Buyer".
1.2. This Agreement defines the conditions for the purchase of flowers and gifts (hereinafter referred to as the “Goods”) by the Buyer through the Seller’s website.
1.3. The contract is public in accordance with Art. 633,641 of the Civil Code of Ukraine and is the equivalent of a “verbal agreement” and has legal force.
1.4. In accordance with Art. 642 of the Civil Code of Ukraine the fact that the Buyer paid the cost of the goods ordered on the website online service (or in another way) is fact the full and unconditional acceptance of the terms of this offer, and confirms the conclusion of the Agreement on the proposed conditions.
1.5. In this offer, unless the context otherwise requires, the following terms have the following meanings:
"Online - service" - the seller’s site, created to conclude contracts of retail and wholesale purchase and sale, after the Buyer has familiarized himself with the seller’s proposed product in site remotely.
"Seller" - an organization, regardless of its organizational - legal form - an entrepreneur selling goods.
"Goods" - products offered for sale and posted on the website https://www.yasya.com.ua
"Customer" - a person who places an order on the site https://www.yasya.com.ua
“Recipient” - the person is determined by the Buyer who is to receive the ordered Goods.
"Order" - individual items from the product assortment list specified by the Buyer when filling out an application on the site.
"Delivery" - transportation to the address indicated by the Customer, and transfer of the contents of the Order to the Recipient.
2. SUBJECT OF THE AGREEMENT
2.1. The seller sells and delivers the goods, according to the current price list published on the website https://yasya.com.ua, and the customer pays and accepts the goods in accordance with the terms of this Agreement.
3. ORDERING PROCEDURE
3.1. Order Formation
3.1.1. Orders are accepted through the site https://yasya.com.ua (phone, chat, skype, vibe, posted on the site) around the clock.
3.1.2. The price of ordering flowers and gifts includes their delivery to the recipient and is not paid separately.
3.1.3. However, the Seller does not provide delivery services for any goods purchased from third parties.
3.1.4. If the order has been fully executed and paid by the Buyer, its direct picking occurs two hours before the delivery time.
3.1.5. If the order was formed after 18.00 for delivery "day in day", the possibility of such delivery is agreed with the manager.
3.1.6. When placing an order, the Customer must specify his own and the recipient's data as accurately as possible, according to the order form provided by the Seller. Incorrect recipient information may interfere with the execution of the order at the time indicated by the Buyer. In this case, delivery of the order is postponed to clarify the correct recipient data, but no later than 24 hours from the date of payment order by the buyer.
3.2 Methods and payment procedure
Payment by VISA or Mastercard via Liqpay.
Payment by VISA or Mastercard through the Privat24 system.
Payment in cash at the store.
Payment in cash to the courier (when ordering at the store).
3.2.1. Payment is made after adding the goods from the catalog on the site yasya.com.ua to the cart.
3.2.2. After adding the product to the cart, the customer is invited to continue shopping or go to the cart to place an order.
3.2.3. The choice of payment method is made directly in the basket during registration.
3.2.4. The transition to payment is available after filling out the necessary information for completing the order and reviewing the Public Offer Agreement.
3.2.5. After filling in all the information, the customer is transferred to the page of the payment system (Liqpay, Privat24) where payment is made.
188.8.131.52. The customer has the opportunity to choose other payment methods provided by the payment services (Liqpay, Privat24) available on the site yasya.com.ua.
3.2.6. In case of successful payment, the customer is transferred to the store page with further instructions.
3.2.7. The yasya.com.ua online store does not collect, store, process any bank data of customers, including credit card information.
3.2.8. Payment of the order means the consent of the Customer to conclude this Agreement with the Seller.
3.2.9. The date of payment shall be considered the day of receipt of funds to the account of the Seller.
3.2.10. Prices for any items of the Goods indicated on the site https://www.yasya.com.ua are valid at the time of the order. In the event of a change in the price of the ordered items of the Goods, the Seller undertakes to inform the Customer as soon as possible. The customer has the right to confirm or cancel the order. If the Seller can not inform the Customer (no communication, etc.), he has the right to cancel the unpaid order.
3.2.11. Orders are accepted for execution only after the receipt of funds to the account of the Seller.
3.2.12. To the registered Customer on the seller’s website, a message about the payment of the order is sent to the email address that was specified during registration.
3.2.13. An unregistered buyer needs to contact the manager and confirm the payment of funds for the order by sending a photo/copy of the receipt to the email address email@example.com
3.2.14. Services/commissions of payment systems, terminals, the Buyer pays extra.
3.3. Order Delivery Terms
3.3.1. When placing an order, the Buyer must clearly indicate the requirements for its delivery (One order can be placed on one date, time, address. If you need to congratulate several people at different addresses, or at different times at one address you need to place the corresponding number of orders)
3.3.2. Delivery of the order is carried out by prior agreement with the recipient by phone, which is indicated by the Buyer in the order.
3.3.3. Delivery without prior approval from the recipient is carried out according to the specified data (address, time, name of the recipient, etc.), in the Buyer's order. (If the recipient is not at the specified address, the order is, if possible, transferred to third parties (relatives, colleagues, neighbors, concierge, etc.). If there is no one to accept the order (no one opened the door, neighbors do not accept or the recipient does not live, does not work at the specified address) then the order is deemed completed, payment is not refundable, this order can be picked up within 24 hours at the seller’s store, naming its number.)
3.3.4. Fast execution of the order "day in day" is carried out within one hour after payment of the order and in agreement with the recipient.
3.3.7. Delivery until 9.00 the next day, possible if the order was placed and paid before 19.00 the previous day. Orders for today can be accepted until 19.00 from Mon to Sun.
3.3.8. The customer can make changes to the order no later than 2 hours before the delivery time of the order. If the order has already been completed, it is impossible to cancel it. The Buyer can place and pay for a new order while the previous one will be considered delivered or, at the Buyer's request, it can be forwarded to another recipient. If the delivery address is outside the city, the Customer can change the order 1 (one) hour before the courier leaves. the courier's route list is formed depending on the location of the delivery address and distance from the regional/district centers.
3.3.9. The service of photographing the recipient upon delivery is not guaranteed and is performed if there is technical capability at the time of delivery and by consent of the recipient.
3.4. Fulfillment of the order during the holidays.
3.4.1. The execution of the order on holidays (New Year, February 14, March 8 (1 day before and 1 day after) takes place during the day. The exact delivery time is not guaranteed, but the manager can take into account the wishes of the Buyer for delivery in the morning, afternoon or evening. The final delivery time will depend on the busy couriers on holiday.
3.4.2. The term of delivery confirmation on holidays is 2 business days, which is associated with a heavy load, that is, the buyer may not immediately receive notifications about the completion of his order.
3.4.3. Photo report on delivery holidays (1 day before and 1 day after) is not guaranteed.
3.4.4. Upon receipt of the order, the recipient must sign on the order form, which remains with the courier.
3.5. Surprise order.
3.5.1. Surprise order is executed without prior agreement with the recipient (when placing the order, if the Buyer does not choose the option “call the recipient” then he guarantees that the recipient will be at the delivery address in the specified time period (minimum 3 hours). In the absence of the Recipient at the specified address and if it is impossible to leave to third parties (neighbors, colleagues, security, etc.), the order is considered completed). Customer can order reshipping by additional payment in 24 hour.
4. PERFORMANCE ORDER
4.1. The lead time depends on the location of the recipient (within the city 3-4 hours, outside, the lead time is agreed with the manager), on the complexity of the order (the quantity of the goods is available in the seller’s warehouse) and on unforeseen events that are not dependent on the Seller (accident, weather conditions, traffic jams, etc.).
4.2. In case of improper execution of the delivery of the order due to the Seller’s fault (the order was not delivered on time, the order does not meet the requirements of the customer or the goods are in improper form), the reshiping is carried out free.
4.3. The order is considered delivered at the time of its transfer to the Recipient / Customer.
4.4. The agreement between the Seller and the Customer is valid from the moment of its conclusion to the moment of delivery of the order to the Recipient.
5. CREATION OF THE ORDER. REPLACING THE ABSENT COMPONENTS
5.1. The seller creates the order in accordance with the requirements of the Customer.
5.2. If the Seller does not have certain elements for placing an order for any reason (seasonality, lack of the desired grade / color), the Seller, in agreement with the Buyer, can make a replacement.
5.3. If it was not possible to agree on a replacement with the Customer (there is no connection, a big time difference with his country of residence, etc), the Seller can make the replacement in his opinion (keeping the color scheme of the composition and attractive appearance) by notifying the Buyer electronically.
5.4. Replacement of flower and non-flower products may be carried out without coordination with the Customer on holidays (New Year, February 14 and March 8 (1 day before and 1 day after)).
5.5. Replacement of non-flower products (cakes, toys, bouquets of sweets, etc.) can be carried out according to the Seller, without prior agreement with the Buyer for similar goods of the same price category.
5.6. If the appearance of toys, baskets and other goods differs from the image on the seller’s website, this cannot be a defect and a reason for a refund or replacement of the order.
5.7. All information materials presented on the site https://www.yasya.com.ua are for reference only and cannot fully convey reliable information about certain properties and characteristics of the goods. In case of questions from the Customer regarding the properties and characteristics of the Goods, before placing an order, he needs to consult managers or send a request to the site using the usual order procedure.
6. RETURN OF GOODS, MEANS. COMPENSATION
6.1. According to the Law of Ukraine "On Protection of Consumer Rights", the Civil Code of Ukraine and the Cabinet of Ministers of Ukraine dated March 19, 1994 No. 172 "On the implementation of certain provisions of the Law of Ukraine" On Protection of Consumer Rights ", flowers and other gifts (children's soft toys, etc.) are not exchange or refund.
6.2. The return of goods can only be done if the Customer, within 24 hours from the moment of receipt of the goods, complained to the Seller at firstname.lastname@example.org that the goods were spoiled before delivery, providing the relevant supporting photo. Please note that the quality of the contents of the order (number of components, quality, production and storage periods) is recorded using a photo in the seller’s store before sending, and by courier before / at the time of delivery.
6.3. Complaints with an incorrect order number containing obscene expressions and those that came later than a day after receiving the order are not considered.
6.4. In case of overfulfillment of the order (replacement of goods), the seller needs to return the damaged goods in the same form in which it was delivered. In the case where the defective product has signs of deliberate damage, the seller has the right to refuse replacement/delivery.
6.5. The seller may refuse to replace or refund if the recipient has personal reasons for the goods (allergy, taste, etc.).
6.6. If the recipient refused to accept gifts upon delivery, the payment for the order is not refunded to the Customer, and the order is considered completed. Within 24 hours, you can pick up the order in the seller’s stores or order re-delivery for an additional payment for re-leaving the courier.
6.7. In case of rejection of the gift by the recipient upon a preliminary call, the Customer may receive paid funds for this order, depending on the complexity of the order(wholly or partly at Seller's discretion).
6.8. In other cases, the Seller considers complaints within 10 business days from the day of its receipt and informs the complainant electronically of the results of the review.
6.9. If the order is not executed due to the seller’s fault, the Customer has the right to demand compensation, the amount of which cannot exceed the order amount.
7. DURATION OF THE AGREEMENT. AMENDMENT PROCEDURE
7.1. Acceptance of the Offer The customer is a confirmation of the conclusion of the contract on the terms of the Offer.
7.2. The Agreement comes into force from the moment the Buyer pays the order and is valid until the Seller fulfills its obligations under this Agreement.
7.3. The seller has the right to amend the text of this agreement at his discretion at any time and without prior notice to the Customer. The current (current) version of the contract is always available on the site.
7.4. The Customer agrees and acknowledges that making changes to the Offer entails making these changes to an agreement already concluded between the customer and the Seller and these changes to the Agreement come into force with such changes to the Offer.
8.1. The seller guarantees the confidentiality of information that the Customer indicates when registering or when placing an order.
8.2. The seller guarantees that personal data will not be used for personal gain, on third-party resources or for the dissemination of spam.
8.3. When placing an order, the Customer agrees to the processing of his personal data stored in the Seller’s database solely for identification of the Customer/Recipient for repeated orders, and for their correct execution. In case of refusal by the Customer, the Seller will not be able to carry out the order accordingly.
9.1. The seller bears all risks associated with the loss or damage of the goods until it is transferred to the Buyer.
9.2. The recipient or the one who accepted the goods at the time of the absence of the recipient bears all the risks associated with the loss or damage of the goods from the moment they are received.
9.3. The seller has the right to transfer his rights and obligations to fulfill orders to third parties without relieving himself of responsibility.
9.4. The seller is not responsible for the improper use of goods by the Customer ordered on the site https://www.yasya.com.ua.
9.5. The responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
9.6. The parties agree that any disputes that could not be resolved through negotiations are resolved in accordance with current Ukrainian legislation.
10. FULFILLMENT OF INTERNATIONAL ORDERS
10.1. An order for the purchase of Goods around the World and the CIS is issued at least 1 day in advance.
10.2. When placing an order for the CIS and the World, it is necessary to take into account that the order will be executed in the time interval - from 10:00 to 21:00, taking into account the time of the country and city. The buyer can indicate the lead time only as a wish. Delivery at this time is not guaranteed.
10.3. Mandatory components in orders should be flowers. Additional products (sweets, soft toys, balls, etc.) can only be an addition to the bouquet. In the absence of additional goods, the Seller reserves the right to deliver more flowers.
10.4. Due to the absence of certain flower components in a certain country (depending on the climate) or in the absence of them in a certain season, the Seller, at his discretion, is entitled to replace the components of the bouquet without violating the color scheme.
10.5. The customer must indicate the contact phone number of the recipient, the address with the index of the house or area. In the absence of a telephone, order fulfillment is not guaranteed. In the absence of the recipient, the goods are transferred to third parties (relatives, colleagues, neighbors, etc.)
10.7. If the Customer indicated an incorrect address or the recipient is not available at this address, this may become a delay and/or non-fulfillment of the order. In this case, the delivery of the order is considered completed and the money is not returned.
10.8. In the absence of the recipient at the address indicated by the Customer, the Seller has the right to call the recipient before delivery if necessary (if the delivery is a surprise then with the consent of the Customer).
10.9. Sunday delivery is almost impossible in almost all countries of the world, therefore the Buyer's order is automatically transferred to Monday.
10.10. A report on the implementation of the order arrives at the Buyer's email address within 2 business days from the date of order.
10.11. The request for the status of the order (and others on request) are fulfilled within 24-48 hours.
10.12. Photos at the time of delivery around the world are - only upon request and cannot be guaranteed.
IMPORTANT *** The moment of conclusion of this Agreement is considered the moment of making payment for the order.