1. TERMS
1.1. The following text constitutes an agreement between the online service https://www.yasya.com.ua (hereinafter referred to as the "Seller") and the user of the online service, regardless of status (individual, legal entity, sole proprietorship), hereinafter referred to as the "Customer".
1.2. This Agreement defines the terms, requirements, and conditions for the purchase of flowers and gifts (hereinafter referred to as the "Goods") by the Customer through the Seller's website.
1.3. The Agreement is public according to articles 633, 641 of the Civil Code of Ukraine and is equivalent to an "oral agreement" and has proper legal force.
1.4. According to article 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this offer, which confirms the conclusion of the Agreement on the proposed terms, is the fact of the Buyer's payment of the cost of the goods ordered on the website of the online service (or by other means).
1.5. In this offer, unless the context requires otherwise, the following terms have the following meanings:
- "Online service" - the seller's website, created for the conclusion of contracts for retail and wholesale purchase and sale, after the Buyer's acquaintance with the Goods offered by the seller in photographs remotely.
- "Seller" - an organization, regardless of its organizational and legal form and/or an individual entrepreneur, engaged in the sale of goods.
- "Goods" - products offered for sale and posted on the website https://www.yasya.com.ua.
- "Customer" - an individual and/or legal entity (sole proprietorship) placing an order on the website https://www.yasya.com.ua.
- "Recipient" - an individual and/or legal entity (sole proprietorship) determined by the Buyer, who should receive the ordered Goods.
- "Payment system" - a third party, a legal entity, a provider of payment services (internet acquiring), which guarantees the security and confidentiality of transactions.
- "Order" - individual items from the range of Goods specified by the Buyer when placing an application on the website.
- "Delivery" - transportation to the address indicated by the Customer and transfer of the contents of the Order to the Recipient.
2. SCOPE OF THE CONTRACT
2.1. The Seller sells and delivers the Goods in accordance with the current catalog published on the website https://yasya.com.ua, and the Customer pays for and accepts the Goods in accordance with the terms of this Agreement.
2.2. Orders are accepted through the website https://yasya.com.ua (by any method available on the website) from 8:00 to 18:00.
2.2.1. However, the Seller does not provide delivery services for any other goods not presented in the catalog, purchased from third parties, or transferred by third parties.
2.3. The prices for any items of the Goods specified on the website https://yasya.com.ua are valid at the time of placing the order.
2.3.1. The prices for the goods are determined by the Seller independently and may vary depending on market conditions.
2.4. All settlements between the Seller and the Customer are made using the methods provided on the website.
2.5. The Customer pays in full, and the Seller forms the order content and carries out the delivery according to the information provided by the customer after the funds are credited to the seller's account.
2.5.1 The cost of the order of flowers and gifts includes their delivery to the recipient and is not paid separately.
2.6 Orders are accepted for execution only after receipt of funds to the Seller's account.
2.6.1. The order cannot be considered accepted and executed if the customer has not provided the necessary information and has not made the payment.
2.7. Payment by the Customer for the order means the Customer's agreement to conclude this Agreement with the Seller.
3. ACCEPTANCE AND EXECUTION OF ORDERS
3.1. When placing an order, the Customer selects the goods from the catalog available on the website https://yasya.com.ua.
3.2. The Customer provides the Seller with the information necessary to fulfill the order according to the form provided on the website and makes the payment.
3.3. After successful payment, the customer receives a payment confirmation via email and/or SMS.
3.3.1. The Customer can track the status of the order in email notifications or SMS messages or on the website in the personal account section.
3.3.2. "Payment successful" status - The Payment system has transferred the funds to the seller's account.
3.3.3. "Processing" status - the order is accepted and being assembled by a florist.
3.3.4. "Dispatched" status - the order has been handed over to the courier for delivery.
3.3.5. "Delivered" status - the order has been fulfilled.
3.4. After accepting the order and before dispatching the courier, the Seller contacts the Recipient or the Customer (if the latter is indicated as the Recipient) to confirm the delivery time and address.
3.5. The courier transports the contents of the order according to the agreed delivery address and time.
4. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
4.1. The Customer is obliged to pay for the order in full.
4.1.1. The Customer is obliged to provide correct information necessary for delivery. (Name and surname of the Customer, Customer's phone number, Customer's email address, Name and surname of the Recipient, Recipient's phone number, delivery address (optional), delivery time (optional))
4.1.2. The Customer, by providing personal data to the Seller and making payment, thereby confirms unequivocal consent to the terms of this Agreement.
4.1.3 The Customer, by providing personal data to the Seller and making payment, thereby consents to the processing of personal data provided to the Seller.
4.1.4. The Recipient or the person who accepts the goods in the absence of the Recipient assumes all risks associated with the loss or damage of the goods from the moment of acceptance.
4.2. The Customer has the right to track the status of the order via email and/or SMS notifications, through the personal account on the website, by using the quick contact form on the website.
4.2.1. The Customer may receive a photo of the order contents before dispatch and a photo confirmation of delivery to the Recipient after delivery (the latter with the Recipient's consent).
4.2.2. The Customer has the right to submit a complaint about the executed order no later than 24 hours from the moment the order status changes to "Delivered."
4.3. The Seller is obliged to use fresh flowers and goods of proper quality and condition when fulfilling the order.
4.3.1. The Seller is obliged not to disclose any personal data of the Buyer or the Recipient and not to transfer information to third parties, except for the Seller's staff and the Payment system service.
4.3.2. The Seller assumes all risks associated with the loss or damage of the goods until they are handed over to the Recipient or the Customer.
4.4. The Seller has the right to contact the Recipient by any available means to agree on the delivery time and address.
4.4.1. The Seller has the right to contact the Customer in case of obstacles to the execution of the order.
4.4.2. The Seller has the right to change the time, date, or address of delivery after agreeing on the possibility of execution with the person indicated as the Recipient.
4.4.3. The Seller has the right to change the text of this agreement without additional notification to the Customer.
4.4.5. The Seller has the right to refuse to execute the order and return the funds to the Customer without explaining the reasons for the refusal.
4.5. The Seller is not responsible for the improper use of the goods by the Customer or the Recipient ordered on the website https://yasya.com.ua.
4.6. The Seller is not responsible for any damage to the health or life of the Recipient, the Customer, or any third parties as a result of the use of goods purchased on the seller's website for purposes other than intended.
4.7. The parties agree that any disputed situations, the resolution of which was not achieved through negotiations, shall be resolved in accordance with the current Ukrainian legislation.
4.8. The responsibility of the Parties in other cases is determined in accordance with the legislation of Ukraine.
4.9. The agreement between the Seller and the Customer is valid from the moment of its conclusion until the order is handed over to the Recipient.
5. ORDER CREATION. REPLACEMENT OF MISSING COMPONENTS
5.1. The Seller creates the order according to the Customer's requirements.
5.2. If the Seller lacks certain elements to fulfill the order for any reason (seasonality, lack of the required variety/color), the Seller, with the agreement of the Customer, may make substitutions.
5.3. If an agreement on substitution with the Customer cannot be reached (no communication, significant time difference with the country of their residence), the Seller may make substitutions at their discretion (maintaining the color scheme of the composition, attractive appearance, and cost), notifying the Buyer electronically.
5.4. Substitution of floral and non-floral products may be made without agreement with the Customer on holidays (New Year, February 14, and March 8 (1 day before and 1 day after)).
5.5. Substitution of non-floral products (cakes, toys, candy bouquets, etc.) may be made at the discretion of the Seller, without prior agreement with the Buyer, for a similar product of the same quality and price category.
5.6. If the appearance of toys, baskets, and other products differs from the image on the seller's website, this cannot be considered a defect or a reason for refund or re-delivery of the order.
5.7. All informational materials presented on the website https://www.yasya.com.ua are for reference purposes only and may not fully convey accurate information about certain properties and characteristics of the product. (In case the Customer has questions regarding the properties and characteristics of the Goods, before placing an order, they should consult with managers.)
6. RETURN OF GOODS, COMPENSATION
6.1. In accordance with the Law of Ukraine "On Consumer Rights Protection," the Civil Code of Ukraine, and the Resolution of the Cabinet of Ministers of March 19, 1994, No. 172 "On the Implementation of Certain Provisions of the Law of Ukraine" On Consumer Rights Protection ", flowers and other gifts (children's soft toys, etc.) of proper quality are not subject to exchange or return.
6.2. Refunds or product replacements can only be made if the Customer, within 24 hours of receiving the product, contacts the Seller with a complaint that the product was damaged before delivery, providing corresponding confirming photos. Please note that the quality of the order contents (quantity of components, quality, production and storage terms) is documented by photo shooting in the seller's store before dispatch and by the courier before/at the time of delivery.
6.3. Complaints with incorrect order numbers, anonymous complaints, those containing offensive language, and those received more than 24 hours after receipt of the order will not be considered.
6.4. In case of overfulfillment of the order (product substitution), the Seller must return the damaged product in the same condition in which it was delivered.
6.5. The Seller may refuse replacement or refund in the event that the Recipient has personal reasons for returning the product (allergy, taste preferences, etc.) about which the Buyer did not inform.
6.5.1. The Seller may refuse replacement or refund if the person specified as the Recipient cannot return the order contents in the same condition in which it was delivered.
6.6. If the recipient refuses to accept gifts upon delivery by the courier, the order is considered fulfilled. Within 24 hours, the order can be collected from the seller's stores or re-delivery can be arranged for a separate fee for the courier's return visit.
6.7. In case of refusal of the gift by the recipient upon prior notification, the Buyer may receive a refund for the order if it has not yet been created by the florists.
6.8. In all cases, the Seller considers complaints within 3 business days from the date of receipt and informs the complainant of the results electronically.
6.9. If the order is not fulfilled due to the fault of the seller, the Buyer has the right to demand compensation, the amount of which cannot exceed the order amount.
7. TERM OF THE CONTRACT. PROCEDURE FOR IMPLEMENTING CHANGES
7.1. Payment for the order by the Buyer confirms the conclusion of the contract on the terms set forth in this Agreement.
7.2. The Agreement shall enter into force upon payment of the order by the Buyer and shall remain in effect until the Seller fulfills its obligations under this Agreement.
7.3. The Seller has the right to make changes to the text of this agreement at its discretion at any time and without prior notice to the Buyer. The current (effective) version of the agreement is always available on the website.
7.4. The Buyer agrees and acknowledges that any changes to the Agreement entail making these changes to the already concluded contract between the Buyer and the Seller. These changes to the Agreement shall enter into force upon publication on the
8. CONFIDENTIALITY
8.1. The Seller guarantees the confidentiality of the information provided by the Buyer during registration or when placing an order.
8.2. The Seller guarantees that personal data will not be used for commercial purposes, on third-party resources, or for spamming.
8.3. When placing an order, the Buyer consents to the processing of their personal data stored in the Seller's database solely for the purpose of identifying the Buyer/recipient for repeat orders and for their proper execution. If the Buyer refuses, the Seller will not be able to process the order accordingly.