Basic concepts
- Site Visitor - a person who has visited the site https://yumster.com.ua/eng without the purpose of placing an Order.
- User - an individual, a website visitor who accepts the terms of the user agreement and wants to place Orders on the website https://yumster.com.ua/eng
- Buyer - a User who placed an Order on the website https://yumster.com.ua/eng in order to purchase goods for personal needs.
- Yumster - Individual Entrepreneur FOP LYTVYNENKO DMYTRO VOLODYMYROVYCH. Ukraine, Odesa city, Uspenska street, 2, square 3, 65014, ЄDRPOU 2567401415 Sale of goods is carried out from the Seller's warehouses located in Ukraine.
- Seller —Yumster is a legal entity-entrepreneur whose goods are posted on the online store.
- Online store - an Internet site located on the Internet at https://yumster.com.ua/eng, which presents the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of the Goods to Buyers.
- Website -https://yumster.com.ua/eng.
- Site page - a page containing information on the conditions of sale, delivery and return of the Goods sold by the Seller, as well as other information that is essential for the conclusion and execution of the contract for the sale of the Goods.
- Product - clothing and accessories presented for sale on the Seller's Website.
- Order - a duly completed request of the Buyer for the purchase and delivery to the address specified by the Buyer of the Products selected on the Site.
General Provisions
1. The Seller sells the Goods through the online store at https://yumster.com.ua/
2. By ordering the Goods through the online store, the User agrees to the terms of sale of the Goods set out below (hereinafter - the Terms of Sale of Goods). In case of disagreement, the User is obliged to immediately stop using the service and leave the site https://yumster.com.ua/.
3. These Terms of Sale of Goods, as well as information about the Goods presented on the Site, are a public offer in accordance with Art. 633 of the Civil Code of Ukraine.
4. These conditions can be changed by the Seller unilaterally without notifying the User / Buyer. The new version of the Terms comes into force from the moment of its publication on the Site, unless otherwise provided.
5. The User Agreement (hereinafter referred to as the Agreement) enters into force from the moment the Seller sends the Buyer an electronic confirmation of the Order's acceptance when the Buyer places an Order without authorization on the Site, as well as from the moment the Buyer accepts the Order by phone+38 (098) 995-46-67
5.1. The retail sale and purchase agreement for the Goods is considered concluded from the moment the Seller issues to the Buyer a cash or sales receipt or other document confirming payment for the goods.
5.2. By informing the Seller his e-mail and phone number, the Site Visitor / User / Buyer consents to the use of the specified communication means by the Seller, as well as by third parties involved by him for the purpose of fulfilling obligations to Site Visitors / Users / Buyers, in order to send advertising and informational nature, containing information about discounts, upcoming and current promotions and other events of the Seller, about the transfer of the order for delivery, as well as other information directly related to the fulfillment of the Buyer's obligations under this Public Offer. By placing an Order, the User / Buyer agrees that the Seller can entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
6. As part of the Order, Yumster provides the User with information support for the Agreement concluded by the User with the Seller.
Subject of the agreement
1. The subject of the Agreement is to enable the User to purchase for personal, family, household and other needs not related to the implementation of entrepreneurial activities, the Goods presented in the catalog of the online store at https://yumster.com.ua/.
2. This Agreement applies to all types of Products presented on the Site, as long as such offers with a description are present in the catalog of the online store.
Rregistration on the website
1. Registration on the Site is carried out using the "Registration" pop-up window.
2. Registration on the Site is not mandatory for ordering.
3. The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
4. The User undertakes not to disclose to third parties the login and password specified by the User during registration. If the User has any suspicions about the security of his login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Seller of this by sending an email to [email protected].
5. Communication of the User / Buyer with managers and other representatives of the Seller should be based on the principles of generally accepted morality and communication etiquette. It is strictly forbidden to use obscene words, abuse, offensive language, as well as threats and blackmail, no matter in what form and to whom they were addressed.
Product and order of making a purchase
1. The Seller ensures that the Products presented on the Site are available in his warehouse. The photographs accompanying the Product are simple illustrations to it and may differ from the actual appearance of the Product. Descriptions / characteristics accompanying the Product do not claim to be exhaustive and may contain typographical errors. To clarify information on the Goods, the Buyer must contact the Customer Support Service.
2. In the absence of the Goods ordered by the Buyer in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order by notifying the Buyer about this by sending an appropriate e-mail to the address indicated by the Buyer during registration (or by phone call).
3. The Buyer is fully responsible for the provision of incorrect information, which entailed the impossibility of the Seller's proper performance of its obligations to the Buyer.
4. In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.
5. The Buyer's order is made in accordance with the procedures indicated on the Website in the section "Payment and Delivery" at https://yumster.com.ua/eng/pokuptsyam/oplata-i-dostavka/
6. After placing the Order on the Site, the Buyer is provided with information about the estimated delivery date by sending an email to the address specified by the Buyer during registration, or by phone. The manager servicing this Order clarifies the details of the Order, agrees the delivery date, which depends on the time required for processing and delivery of the Order.
7. The expected date of the transfer of the Order to the Delivery Service is communicated to the Buyer by the manager serving the Order, by e-mail or during a test call to the Buyer. The date of transfer of the Goods can be changed by the Seller unilaterally if there are objective, in the opinion of the Seller, reasons.
Order delivery
1. The goods are delivered by the postal operator in the form of postage on prepayment or cash on delivery. The methods, as well as the approximate delivery time of the Goods, are indicated on the Site in the section “Payment and delivery” at https://yumster.com.ua/eng/pokuptsyam/oplata-i-dostavka/.
2. The territory of delivery of the Goods presented on the Site is limited to the borders of Ukraine.
3. Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
4. Upon delivery, the Order is handed over to the Buyer or to a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the "Recipient"). If it is impossible to receive the Order paid by cash by the above persons, the Order can be handed over to a person who can provide information about the Order (shipment number and / or full name of the Recipient), as well as pay the cost of the order in full to the person delivering the Order.
5. The risk of accidental damage to the Goods passes to the Buyer from the moment the Order is handed over to him and the Recipient of the Order affixes the signature in the documents confirming the delivery of the Order.
6. In order to avoid cases of fraud, as well as to fulfill the obligations specified in clause 5 of this Agreement, upon delivery of the prepaid Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt to the Order. The Seller guarantees the confidentiality and protection of the Recipient's personal data.
7. The cost of delivery of each Order is calculated individually, based on information about the Seller of the ordered Goods, the weight of the Goods, the region and method of delivery, as well as (if necessary) the form of payment, and is indicated on the Site at the last stage of ordering.
8. The Seller's obligation to transfer the goods to the Buyer is considered fulfilled at the moment the Buyer receives the shipment, as this moment is determined in accordance with the current rules of postal communication.
8.1. The order of delivery and disclosure of Shipments containing goods is determined by the current rules of postal communication.
9. When accepting an Order from a courier, the Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quality, assortment and completeness of the Goods, and also check the integrity of the packaging. In the absence of claims to the delivered Goods, the Recipient signs in the "Order delivery form" and pays for the Order. The signature in the delivery documents indicates that no claims to the Goods have been made by the Recipient and the Seller has fully and properly fulfilled his obligation to transfer the Goods.
10. To clarify the date, time and, if necessary, the delivery route, contact the manager, who contacts the Buyer to confirm the Order.
11. The user understands and agrees that:
delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the performance of which ends at the moment the Receiver receives the Goods and makes payment for it. Claims to the quality of the purchased Goods arising after receipt and payment of the Goods are considered in accordance with the Law of Ukraine "On Protection of Consumer Rights" and the Seller's warranty obligations. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for the purpose of warranty service or replacement, does not make it possible to carry out warranty service or replace the Goods by visiting the Buyer and does not imply the possibility of refunding the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods as such, in accordance with the Law of Ukraine "On Protection of Consumer Rights".
Payment for goods
1. The price of the goods is indicated in UAH and includes value added tax in the event that the relevant Seller applies the general taxation system. The order amount consists of the value of the ordered goods.
2. The price of the Goods is indicated on the Site. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled.
3. The price of the Goods on the Site can be changed by the Seller unilaterally. In this case, the price for the Goods ordered by the Buyer is not subject to change.
4. Payment for the Goods is carried out by the Buyer:
4.1. in cash upon receipt of the Order in the amount corresponding to the amount of the Order indicated on the Site, taking into account discounts;
4.2. non-cash funds using bank cards when placing an Order in an amount corresponding to the amount of the Order indicated on the Site, taking into account discounts
5. Yumster has the right to provide discounts on Products and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for accrual are determined by the Seller independently and are indicated on the Site (discounts, bonuses, the procedure and conditions for their accrual in relation to the Seller's Products are posted on the relevant Pages of the Site).
6. Yumster has the right to unilaterally determine the payment methods available to him for a specific Buyer, cancel orders made by the Buyer in the event that the Buyer has committed or was suspected by Yumster of committing illegal actions aimed at causing damage (theft, robbery, robbery, fraud, substitution, intentional damage property, etc.).
Return of goods and money
1. The return of the Goods is carried out in accordance with the section "Conditions of return" indicated on the Site at https://yumster.com.ua/eng/pokuptsyam/usloviya-vozvrata/. The Buyer has the right to refuse the Goods received and terminate the Sale and Purchase Agreement within 14 calendar days from the date of receipt of the Goods, not counting the day of purchase, with the exception of the Goods that cannot be exchanged and returned in accordance with clause 7.2.4. present agreement. The returned goods, with all seals, labels, must be sent by the Buyer through the transport carrier "New Mail" to the following address: Odessa, branch of "Nova Poshta" No. 78 Recipient: Zabelina Anastasiya. Phone: +38 (063) 587-09-98 with the following documents enclosed: a hand-filled application for the return of goods. Sending goods is carried out at the expense of the Buyer. Also, the Product can be returned by courier upon receipt of a new order.
2. Return of goods of proper quality:
2.1. The return of the Goods of good quality is possible if the goods have not been used, their presentation, consumer properties, seals, labels have been preserved, and the payment document issued to the Buyer along with the sold goods has been saved.
2.2. If the Buyer refuses the Goods in accordance with clause 7.2.1. The Seller returns to him the cost of the returned Goods, within 30 days from the date of receipt of the returned Goods at the Seller's warehouse, together with the return application completed by the Buyer. Refunds of the cost of the Goods are carried out exclusively to the person specified in the Order for the Goods. If the Buyer specified incorrect data in the Order, the Seller reserves the right to refuse such a Buyer a refund.
2.3. If, at the time of the Buyer's request, a similar product is not on sale from the Seller, the Buyer has the right to refuse to execute this Agreement and demand the return of the amount paid for the specified Product. The seller is obliged to return the amount paid for the returned goods within 30 days from the date of return of the Goods.
2.4. Not subject to return, hosiery, underwear, perfumery and cosmetic products, jewelry, etc. (in accordance with Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172).
3. Return of goods of inadequate quality:
3.1 A product of inadequate quality means a product that is defective and cannot ensure the performance of its functional qualities. The received Product must correspond to the description on the Site. The difference between design elements or design from those stated in the description on the Site is not a sign of inadequate quality of the Goods and / or the impossibility of using it for its intended purpose.
3.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Goods.
3.3. After receiving the Order, claims for external defects of the goods, their quantity, completeness and presentation are not accepted.
3.4. If the Buyer was given the Goods of inadequate quality and otherwise was not previously agreed by the Seller, the Buyer has the right to use the provisions of Art. 8 "Consumer rights in case of purchasing goods of inadequate quality" of the Law of Ukraine "On Protection of Consumer Rights".
3.5. Claims for the return of the amount of money paid for the goods are subject to satisfaction within 30 days from the date of the corresponding request (clause 4 of article 12 of the Law of Ukraine "On Protection of Consumer Rights").
4. The goods (of proper and inadequate quality) can be returned to the courier during the redemption of the next order, provided that the item to be returned was redeemed no earlier than 30 days before the current date. After completing the return, the client receives an SMS message from the courier service, which contains in the text a link to an electronic receipt of the return.
5. Refunds are made by returning the cost of the paid Goods by postal, bank transfer (through PrivatBank), as well as by transferring to a bank card (the card must be issued on the territory of Ukraine; the currency of the card is hryvnia).
6. The warranty period for the goods sold by the Yumster Seller is 14 days from the date of receipt of the goods, unless otherwise specified by the manufacturer in the accompanying documents for the goods.
7. The Seller is not responsible for the defects of the Goods if they arose after its transfer to the Buyer as a result of the Buyer's violation of the rules for using or storing the goods, actions of third parties, or force majeure.
Responsibility
1. The Seller is not liable for damage caused to the Buyer as a result of improper use of the Goods purchased in the online store.
2. The seller is not responsible for the content and functioning of external sites.
Confidentiality and information protection
1. The personal data of the User / Buyer is processed in accordance with the Law of Ukraine dated June 01, 2010 No. 2297-VI "On the protection of personal data".
2. Personal data is collected solely for the purpose of complying with the requirements in force in the field of tax relations, accounting relations and advertising relations. The storage and processing of personal data is 5 years.
3. When registering on the Site, the User provides the following information: Surname, First name, email address, contact phone number and password to access the Site.
4. By providing his personal data when registering on the Site, the User agrees to their processing by the Seller, including for the purpose of promoting goods and services by the Seller.
5. The Seller uses the personal data of the User / Buyer:
5.1. to register the User on the Site;
5.2. to fulfill their obligations to the User / Buyer;
5.3. to evaluate and analyze the work of the Site;
5.4. to determine the winner in promotions conducted by the Seller.
5.5. The Seller has the right to send informational messages, including advertising messages, to the e-mail and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
6. The seller has the right to use the "Cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
7. The seller receives information about the ip-address of the website visitor https://yumster.com.ua/eng. This information is not used to identify the visitor.
8. The Seller is not responsible for the information provided by the User / Buyer on the Site in a public form.
9. The Seller has the right to record telephone conversations with the User / Buyer. At the same time, the Seller undertakes: to prevent attempts of unauthorized access to information obtained during telephone conversations and / or its transfer to third parties not directly related to the execution of Orders, in accordance with the Law of Ukraine dated 02.10.1992 No. 2657-XII "On information ".
Duration of the Public Offer
1. This Public Offer comes into force from the moment it is accepted by the Site Visitor / Buyer, and is valid until the acceptance of the Public Offer is withdrawn.
Additional terms
1. The Seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
2. The online store and the services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The Seller's technical service has the right to periodically carry out the necessary preventive or other work with or without prior notification to the Buyers.
3. The provisions of Ukrainian legislation apply to the relationship between the User / Buyer and the Seller.
4. In the event of any questions and claims from the User / Buyer, he can contact the Seller by phone or in any other available way. The parties will try to resolve all disputes that arise through negotiations, if an agreement is not reached, the dispute will be referred to a judicial authority in accordance with the current legislation of Ukraine.
5. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.
6. The Seller / Yumster provides the Site Visitor / User / Buyer with the ability to search for products by photographs (hereinafter - the "Search by Photo" service). As part of the functioning of this service, the Site Visitor / User / Buyer expresses his consent to the use of the image and understands that he is fully responsible to third parties for its use.