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YandMi Public Offer Agreement

On the provision of services for the sale of goods on the website https://yandmi.com

Attention! Before placing an order on the website https://yandmi.com, please carefully review the terms of this agreement. If you do not agree with any provision of this offer, or if any of its provisions are unclear to you, you have the right to refuse to use the Contractor's services or to contact us for clarification through the following official communication channel:

https://www.instagram.com/yandmi_ua

By placing an order on the Contractor's website, you agree to all the terms of this public offer and confirm that you understand all of its provisions

1. General Provisions

1.1. This document is an official offer of Individual Entrepreneur Minenko Daryna Serhiivna (hereinafter – the "Contractor") and has the force of a public offer agreement in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine

1.2. This Agreement is concluded between the Contractor and any individual who has accepted this public offer by placing an order on the Contractor's website. Acceptance of this Offer confirms that the Buyer fully accepts all of its terms without reservation

1.3. The current version of this Agreement is always freely available on the Contractor's website at https://yandmi.com

2. Terms Used in This Agreement

2.1. «Customer,» «Buyer» — an individual who has reached the age of 18, has full civil legal capacity, and places an order for goods under the terms of this Agreement

2.2. «Contractor» — Individual Entrepreneur Minenko Daryna Serhiivna

2.3. «Contractor's Website» — the collection of web pages on the Internet under the domain name yandmi.com

2.4. «Product» — chocolate, confectionery, and related products listed on the Contractor's Website

3. Subject of the Agreement

3.1. The subject of this Agreement is the provision by the Contractor of services to the Customer aimed at supplying goods and services, in accordance with the selected list of services and goods listed on the Contractor's website, under the terms defined by this Agreement. This agreement governs the purchase and sale of goods in the online store, including:

  • The Buyer's voluntary selection of goods in the online store;
  • The Buyer independently placing an order for goods in the online store;
  • The Buyer's payment for an order placed in the online store;
  • Processing and delivery of the order into the Buyer's ownership under the terms of this Agreement.

4. Order Placement Procedure

The Agreement is concluded between the Customer and the Contractor in the form of an adhesion agreement (Article 634 of the Civil Code of Ukraine). Acceptance of the terms of the Agreement means the Customer's full and unconditional acceptance of all the terms of the Agreement without any exceptions and/or limitations, and is equivalent to concluding a bilateral written Agreement on the provision of services to the Customer aimed at obtaining the Contractor's goods and services. Acceptance of the terms of the Agreement is the performance by the Customer of the actions defined in clause 4 of this Agreement. The Customer accepts the Agreement after reviewing its terms as set out on the Contractor's Website, by performing, jointly or separately, any of the following actions:

4.1. filling out the specialized order form located on the Contractor's Website

4.2. making payment for the Contractor's services and goods, in accordance with the rates specified on the Contractor's Website. Performance by the Customer of any single action specified in clause 4 indicates that the Customer has reviewed this Agreement and agrees to its terms in full. The acceptance period is not limited in time. The Agreement is deemed concluded and comes into force from the moment of acceptance and remains in effect for the entire period of receiving the goods, or until termination on the grounds specified by the terms of the Agreement and/or the applicable legislation of Ukraine

Concluding the Agreement means that the Customer:

4.3. has reviewed the rules for the provision of services and goods to the extent necessary

4.4. acknowledges the Contractor's unconditional professional competence and the rules for performing all actions described in this Agreement

4.5. accepts all the terms of the stated Agreement without objection

5. Payment Procedure

5.1. Services are provided to the Customer on a prepaid basis, through the Customer's payment for selected goods, in accordance with the Rates specified on the Contractor's website, or at the time these goods are handed over by the Contractor or authorized persons. Payment made by the Customer for services is non-refundable in the event the Contractor unilaterally terminates the agreement due to the Customer's violation of the terms of this Agreement. Payment for the Contractor's services, as well as other financial obligations of the Customer to the Contractor that may arise under the requirements of this Agreement, is made in accordance with the Law of Ukraine “On Consumer Rights Protection”

5.2. In the event of a refund initiated by the Buyer, a payment system commission of 2.2% is withheld from the refund amount

6. Delivery

6.1. Delivery of goods is carried out through logistics companies, in particular Nova Poshta LLC.

6.2. The cost of delivery is not included in the price of the goods and is paid by the Buyer directly to the logistics company in accordance with its rates

6.3. After the goods are shipped, the Buyer is provided with a waybill number, by which the Buyer can track the shipment, and pays for the logistics company's delivery services

6.4. The terms, conditions, and cost of delivery are determined in accordance with the rules and rates of the chosen logistics company

6.5. From the moment the goods are handed over to the logistics company, the Contractor's obligation to ship the goods is deemed fulfilled. Responsibility for the safekeeping, loss, or damage of the goods during transportation lies with the logistics company in accordance with the applicable legislation of Ukraine and transportation rules

6.6. In the event of damage to or loss of the goods during delivery, the Buyer has the right to file a claim with the logistics company on the basis of the waybill

7. Return of Goods

7.1. In accordance with Resolution No. 172 of the Cabinet of Ministers of Ukraine dated March 19, 1994, and the Law of Ukraine «On Consumer Rights Protection,» food products of proper quality (including chocolate) are not subject to return or exchange

7.2. If a product of improper quality is received, the Buyer has the right to request compensation within 14 days of receiving the order

7.3. All requests regarding the return or exchange of goods are accepted only through the official communication channel — Instagram YandMi

8. Privacy Policy

8.1. The Buyer's personal data is processed in accordance with the Law of Ukraine «On Personal Data Protection»

8.2. The full Privacy Policy is available on the website: https://yandmi.com/privacy-policy

9. Terms of Use for Gift Certificates

9.1. A YandMi Gift Certificate is an electronic or printed card of a certain denomination that constitutes a right of claim to receive goods from the assortment of the Contractor's online store https://yandmi.com within the amount for which it was issued

9.2. The Buyer independently chooses the denomination of the certificate within the range of UAH 1,000 to UAH 50,000

9.3. The Gift Certificate can be:

  • electronic — sent by email with a unique code;
  • paper — sent by mail to the address specified by the Buyer when placing the order.

9.4. Responsibility for the safekeeping of the paper certificate after it is handed over to the delivery service lies with the carrier. The Buyer is obliged to check the presence and integrity of the parcel upon receipt. In the event of damage to or loss of the certificate during delivery, the Buyer must complete the relevant report with the carrier

9.5. Electronic and paper certificates have equal legal force

9.6. The certificate is activated automatically upon payment

9.7. The certificate can be used once, for a single order

9.8. If the order value exceeds the denomination of the certificate, the Buyer pays the difference using any available method. If the order value is lower, the difference is not refunded, carried over, or converted into other goods or funds

9.9. Partial use of the certificate or its use across multiple orders is not possible

9.10. Once the unique code has been used, the certificate is considered fully redeemed and invalid

9.11. The certificate is valid for 1 year from the date of payment. After this period expires, the certificate is considered invalid. Extension of the validity period is not provided

9.12. The certificate is not subject to return, exchange, or a change of denomination after payment

9.13. If goods purchased using a certificate are returned, the amount paid with the certificate is non-refundable

9.14. In the event of loss, damage, or unauthorized use of the certificate (including loss of the code), the certificate cannot be restored. The Contractor is not responsible for unauthorized use of the certificate by third parties

9.15. The Contractor has the right to refuse to accept the certificate if there are doubts about its authenticity or in the event of technical errors in the code

9.16. Purchasing and/or using the certificate automatically constitutes the Buyer's full agreement with these terms

9.17. The Contractor has the right to change the terms of use of certificates at any time. The current version of the terms is always published on the Contractor's website

9.18. All other terms related to the purchase of goods using a certificate are governed by this Agreement

10. Rights and Obligations of the Contractor

10.1. The Contractor has the right to:

  • require the Buyer to comply with the terms of this agreement;
  • change the assortment, prices, and other terms of sale without notice, with mandatory posting of updates on the website;
  • refuse to serve the Buyer in the event of a violation of the terms of the agreement;
  • decline to consider requests submitted outside the official communication channels;
  • change the shape, design, or appearance of goods without prior agreement.

10.2. The Contractor is obliged to:

  • deliver to the Buyer the goods ordered in accordance with the terms of this offer;
  • provide accurate information about the goods;
  • ensure the processing of personal data in accordance with the law.

11. Rights and Obligations of the Customer

11.1. The Buyer has the right to:

  • place an order under the terms of this offer;
  • receive goods of proper quality;
  • contact the Contractor through the official communication channel regarding questions related to the order, delivery, return, or warranty;
  • cancel the order before the goods are handed over to the delivery service.

11.2. The Buyer is obliged to:

  • provide accurate information when placing an order;
  • review the terms of this offer before placing an order;
  • check the condition of the order upon receipt from the delivery service;
  • comply with the terms of use of certificates if the purchase is made using them;
  • not take any actions that may cause harm to the Contractor or third parties.

12. Liability of the Parties

12.1. The Parties are liable for failure to perform or improper performance of obligations in accordance with the applicable legislation of Ukraine

12.2. The Contractor is not liable for:

  • the actions of third parties (delivery services, payment systems, etc.);
  • damage to goods due to the carrier's fault after the order has been handed over to the delivery service;
  • use of the Buyer's certificates by third parties;
  • delays caused by technical failures of the website, server, or payment system;
  • incorrect data entered by the Buyer when placing the order.

12.3. All claims are considered only when submitted through the official communication channel — https://www.instagram.com/yandmi_ua

13. Amendment and Termination of the Agreement

13.1. This agreement may be amended by the Contractor unilaterally by publishing a new version on the website

13.2. The agreement is considered terminated in the event of:

  • the Buyer's cancellation of the order before the goods are handed over to the delivery service;
  • the fulfillment of the Parties' obligations after the agreement has been fully performed.

14. Dispute Resolution

14.1. All disputes between the Parties are resolved through negotiations

14.2. If no agreement is reached, the dispute is subject to resolution in court in accordance with the applicable legislation of Ukraine at the Contractor's place of registration

15. Special Offers and Promotions

15.1. The Contractor may, at its own discretion, conduct temporary special offers, discounts, giveaways, or other marketing activities (hereinafter – «Special Offers»), the terms of which are published on the relevant pages of the website https://yandmi.com

15.2. A Special Offer is valid only for the period specified in its terms, or until the stock/limit is exhausted, unless otherwise specified

15.3. The terms of participation in each Special Offer are set individually by the Contractor and may include, but are not limited to:

  • the start and end date of the Special Offer;
  • the categories of goods to which the Special Offer does or does not apply;
  • the form of the benefit provided (percentage or fixed discount, gift, etc.);
  • the minimum order amount or other qualifying conditions;
  • the impossibility of combining it with other discounts, certificates, or promo codes;
  • limits on the number of uses or participations per buyer;
  • the procedure for receiving benefits (for example, automatically, via a promo code, etc.).

15.4. The Contractor is not obliged to notify the Buyer in advance of the start, change of terms, or termination of Special Offers. All changes are considered effective from the moment the new version of the terms is published on the relevant page of the website

15.5. Special Offers do not apply to goods that are already covered by other special offers or discounts, unless expressly stated otherwise in the terms of a specific Special Offer

15.6. If goods purchased using a Special Offer are returned, the value is recalculated taking the discount into account, and the funds are refunded in the amount actually paid. In the case of gifts, the Contractor has the right to require the return of the bonus item or to withhold its value

15.7. The Contractor is not liable for:

  • the inability to use a Special Offer for reasons beyond its control;
  • technical failures of the website or payment systems during the period of the Special Offer;
  • situations in which the Buyer did not review the current terms.

15.8. Placing an order under a Special Offer confirms the Buyer's full agreement with its terms

15.9. All provisions of this clause are an integral part of the Public Offer Agreement

16. Loyalty Program

16.1. The Contractor's website operates a loyalty program, the terms of which are defined by a separate document — the Loyalty Program Rules, available at: https://yandmi.com/loyalty

16.2. Participation in the loyalty program is voluntary. Its terms, rules for earning and using points, participation levels, and other provisions may be changed by the Contractor without agreement from the Buyer

16.3. Participation in the loyalty program constitutes full agreement with its terms

17. Subscription Program

17.1. The Contractor's website offers a subscription service for chocolate products (hereinafter — the «Subscription»), the terms of which are defined separately on the page: https://yandmi.com/subscription

17.2. Subscribing constitutes the conclusion of an agreement for the regular supply of products with the frequency and under the terms specified in the particular pricing plan

17.3. Funds are debited once for the selected period

17.4. All terms related to payment, duration, suspension, modification, or cancellation of the subscription are governed by the Subscription Rules, which the Buyer agrees to upon subscribing

18. Order Delivery

18.1. Delivery of goods is carried out by mail services of the Customer's choice, in accordance with the terms specified on the «Delivery & Payment» page on the Website

18.2. The cost of delivery is paid by the Customer at the post office, unless they selected this option when placing the order or unless otherwise provided by the terms of a promotion or special offer

18.3. For orders totaling UAH 2,500 or more, delivery to a Nova Poshta branch or parcel locker is paid for by the Contractor

18.4. Delivery terms may be changed by the Contractor with prior notice on the Website

19. Other Provisions

19.1. This agreement has the force of an original and does not require signing by both parties

19.2. All legal relations not regulated by this agreement are governed by the legislation of Ukraine

19.3. The only official communication channels with the Contractor are the accounts on:

19.4. YandMi® is a registered trademark. All materials on this website, including the name, logo, packaging design, texts, and photos, are subject to copyright and/or trademark protection. Their use without the written consent of the rights holder is prohibited

19.5. The minimum order amount on the website is UAH 550. This amount includes only the cost of the selected goods. It does not include the cost of the thermal box and delivery — these costs are added separately if the buyer selects the relevant options

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