TERMS & CONDITIONS
JULY 18, 2019
IN ORDER TO ACCESS OR USE THIS WEBSITE AND ANY OF ITS SUB-DOMAINS AND ANY OTHER WEBSITES OPERATED BY US YOU MUST FIRST READ AND ACCEPT THESE TERMS & CONDITIONS OF USE. THIS WEBSITE (THE “WEBSITE”WWW.YESWAYFASHIONS.COM ) IS OWNED, OPERATED AND DISTRIBUTED BY INDIVIDUAL ENTREPRENEUR NELLI VLADIMIROVNA KIM. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. THESE TERMS & CONDITIONS APPLY TO ALL USERS, INCLUDING BOTH USERS WHO ARE SIMPLY VIEWING THE WEBSITE AND USERS WHO ARE PURCHASING GOODS THROUGH THE WEBSITE.
INDIVIDUAL ENTREPRENEUR NELLI VLADIMIROVNA KIM MAY, AT ITS SOLE DISCRETION, MODIFY THESE TERMS & CONDITIONS AT ANY TIME. USERS ARE RESPONSIBLE FOR KEEPING THEMSELVES UPDATED WITH SUCH CHANGES. BY ACCESSING THE WEBSITE AT ANY TIME AFTER SUCH MODIFICATIONS, YOU ARE AGREEING TO SUCH MODIFICATIONS.
PLEASE NOTE THAT THE TERMS AND CONDITIONS VALID FOR YOUR ORDER IS ALWAYS THE TERMS & CONDITIONS THAT IS IN EFFECT AS OF THE TIME THAT YOU PLACED YOUR ORDER AND NOT A LATER VERSION. YOU SHOULD KEEP A COPY OF THESE TERMS & CONDITIONS FOR FUTURE REFERENCE.
IF YOU HAVE ANY QUERIES ABOUT OUR TERMS & CONDITIONS, PLEASE CONTACT US ON
You, Client, Customer — is a legally capable adult physical person placing orders and purchasing products from Seller’s website www.yeswayfashions.com for his/her personal, family, domestic, and other needs not related to undertaking business activities. All provided details by Client to Individual Entrepreneur Kim Nelli Vladimirovna for ordering or purchasing products must be true, accurate, current and complete in all respects. Client agrees that email can be used as a long-distance means of communication.
Seller — Individual Entrepreneur Kim Nelli Vladimirovna, the owner of www.yeswayfashions.com, registered in Moscow, Russian Federation, PSRNSP 318774600671150, ITN 774328007706; whose products are presented on this Website.
Dreamlandstore, Online Store, Website — is an Internet site located on www.yeswayfashions.com and www.yeswayfashions.com/dreamstore. It presents products offered by Seller to Customers, as well as terms of delivery, payment, return and exchange of these goods.
Product/ item — is an item of apparel, accessory or other thing of material value presented for sale on Website.
Order — is a duly executed request form fulfilled independently by Client, placed on the Online Store and directed to Seller, containing information of Product(s) being purchased, selected methods of delivery and payment.
Pre-order/ made-to-order — is an Order placed by Client to produce, sell and deliver Product that was not
in stock for sale at the moment of Order placement. Product is considered to be delivered to the address mentioned in online Order form.
Customized order— is an Order placed by Client to produce, sell and deliver Product that has specific or/and individual characteristics. For instance, Product with personalized size measurements, modified pattern shape product or product with hand embroidered monogramme. Product is considered to be delivered to the address mentioned in online Order form.
Delivery company — a third party that provides delivery services of Orders to Clients. Delivery service is based on the agreement with Seller.
Promotion — an offer addressed from Seller for the sale with special conditions of particular Products during defined time period.
Offer Acceptance — a complete and absolute acceptance of these Terms & Conditions agreement by Client made with Order placing and confirmation.
Conditions — means these Terms & Conditions, as well as conditions noted in product descriptions and on separate pages of Website, which are referenced in these Conditions.
Cancellation of order— a one sided refusal to perform retail contract of sale.
1.1. The owner, operator and distributor of the Dreamlandstore Online store (website: www.yeswayfashions.com) is an Individual Entrepreneur Kim Nelli Vladimirovna.
1.2. These Terms & Conditions of Product Sale determine process of purchase on the Website between Seller & Customer.
Website functionality could be unilaterally modified by Seller at any time. Seller has the right to specify, change and cancel certain features of Dreamlandstore. However, actions which were made by Client before Website alterations are legally significant and obligatory for both Client and Seller.
In case of disagreement with any part of these Terms & Conditions, Customer must immediately stop using the service and leave the Website www.yeswayfashions.com.
1.4 These Terms & Conditions, as well as all products information presented on the Website, are a public contract agreement between Customer and Seller according to Art. #435 and p. 2 of Art. #437 of the Civil Code of Russian Federation Law.
1.5. Products sale from Seller to Customer is regulated by the Law of Russian Federation, as follows:
Russian Federation Government Resolution from 19.01.1998 # 55 (edition from 30.05.2018), ‘About Regulations Confirmation of Sale of Particular Goods, a list of goods for long term usage, that are not valid for requirement of free provision during repair or replacement for similar goods of appropriate quality, that are not a subject for return or exchange for similar product with different size, shape, volume, design, colour shade, print or complete set.
1.6. These Terms & Conditions can be changed without notice at any time by Seller. New editions operate from the moment of its publication on the Website and apply to any Order made after publication.
1.7. Placing an Order, means full acknowledgement of these Terms & Conditions. When ordering products from Dreamlandstore Customer unconditionally accepts all sale Conditions (including Conditions presented on separate web pages) and confirms full agreement with price, basic consumer properties (characteristics, description) of Product presented on the Website, as well as terms of payment, delivery and customs conditions of express transporters EMS & Boxberry that are presented at https://yeswayfashions.com/dreamstore/delivery.
1.8. This website contains material which is owned by or licensed to us or our partners. This material includes, but is not limited to, the design, layout, look, appearance, texts, images, visual information and graphics. Viewing, pages printing, using information from Website are allowed only for personal use. Reproduction is prohibited.
2. DESCRIPTION OF PRODUCTS
2.1. All Product information is presented on Website and provided by Seller.
2.2. Seller holds the right to change prices at his sole discretion at any time.
2.3 Content of Dreamlandstore pages including photos of products and its characteristics are simple illustrations and descriptions intended only for general information and can differ from the actual appearance of the product. It is subject to change without notice.
All sizes, weights, capacities, dimensions and measurements, packaging design indicated on Website are approximate only since not all Items are created equal due to hand craftsmanship. Although every effort was made to display colours accurately, Seller cannot guarantee that a device’s display accurately reflects shades of the products. Packaging may vary from that shown on Website.
2.5 All our masks are hypoallergenic but contain saches. By purchasing mask Client confirms that he does not have any allergy on dried lavender.
2.6 Customer provides full information about recommended care product instructions on Website or in additional brochures going with the Product.
2.7 Whether Client needs any additional information regarding product properties he should address it to email@example.com.
3. PLACING ORDER
3.1. Client independently places Order on Website.
3.2 Orders can only be placed by persons who are 18 years or older.
3.3 When placing an Order, Client should fill all required fields of order form including full name, address, phone (for delivery). Client bears full responsibility for providing incorrect information, which resulted in the impossibility of Seller to execute properly his obligations to Client.
3.4 When placing Order, Client gives his permission to proceed and operate his personal data (as described in article 11 of current Terms) as well as agrees to fully follow Terms of Sale by filling Website online order form.
3.5 Please note that Seller does not guarantee that all products presented on Website are in stock or available for purchase. Seller reserves his right to stop selling Product.
3.6 If ordering from countries excluding EAEU (any countries excluding Armenia, Belarus, Kazakhstan, Kyrgyzstan), product price does not include any taxes and customs duties in country of delivery.
Additional taxes, fees or levies may apply according to local legislation and Clients are required to check these details before placing an order for international delivery. Where applicable, it is Client’s sole responsibility to comply with any import controls or sanctions rules applicable to supplied goods. Client must pay import duty or any formal customs clearance entry fee prior to or on delivery. Delivery company has the right to contact Client and ask for ID copy and ITN number to formalize additional customs services.
4. PRE-ORDER & CUSTOMIZATION
4.1 Client makes a Pre-order (or Made-to-order) for those items which are out of stock at the moment of Order.
4.2. Pre-order is available only with 100% prepayment by credit card.
4.3. Production timing for Made-to-order Item is 7 working days from the moment of payment. Delivery timing is the same as described in articles 7.4-7.5 of current Terms.
4.4 If Pre-order couldn't be fully completed Seller informs Client by phone or email, stated in the order form, or WhatsApp or Instagram Direct messages. As soon as Client is notified about Pre-order incapacity, Pre-order is cancelled. Refund sum for Pre-order does not change despite Website price changes, currency changes and other circumstances.
4.5 Client can make a Customized order. Customization means an Order of products with individual features that can be used only by that Client. Such features include embroidered monogram / special embroidery / material / colour shade / size.
4.6 Price for monogram includes 2 letters embroidered in Seller’s design.
4.7 Customized order is available only with 100% prepayment by credit card.
4.8 Production timing for Customized order with embroidered monogram is 15 working days from the moment of payment. Production timing for any other customized Order is negotiated separately with Client.
4.9 In case of Pre-order return, refund is made according article 10.4 and transferred to the card which was previously used for that payment.
4.10 Customized order cannot be returned and refunded since customized Order with special features like embroidered monogram / special embroidery / material / colour shade / size can be specifically used by Client who made an Order.
5.1 Terms of payment for Products on Website is 100% prepayment by default.
5.2 Pre-order and Customized orders are available only with 100% prepayment.
5.3 Product prices do not include delivery costs.
5.4. Seller has the right to change Product price without notice. While Product price which was already ordered after Client’s payment is not subject for change.
5.5 Payment is charged in Russian Rubles. Additional changes can be debited by payment system due to currency conversion.
5.6. Client makes payment by credit card through online payment provider Robokassa. (ООО ‘Business Element’). Robokassa payment provider accepts credit cards such as Visa and MasterCard.
Additional charges may apply for currency conversion. International credit card providers or banks determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
Payment by cash is not considered.
5.7 By making pre-payment for Product and delivery Client agrees that e-purchase receipt by Robokassa will be sent by email stated in the order form. Robokassa is a russian online payment system and product receipt is provided in Russian.
Seller’s policy is paperless. Hence paper receipt is not provided to the Client.
5.8 Seller is entitled to provide discounts in order to promote one or another method of payment or delivery for Product. Types of discounts, bonuses, procedure and accrual conditions are indicated on the Website and determined independently by Seller. Seller has the right to change those conditions and terms of the discounts.
6. PROCESSING THE ORDER
6.1 Order is considered to be placed after Client gets a confirmation email with Order details indicating full sum of product(s), customer contact details, delivery address and other services stated in online Order form.
6.2 Completion of online checkout process does not constitute Seller’s acceptance of Client’s offer to purchase products in Dreamlandstore. Within 5 working days from date of Order payment, Seller contacts Customer to confirm availability of the products, details of the Order (date, time, place of delivery) through phone, email, WhatsApp or Instagram Direct.
6.3 If Customer is out of reach for 5 working days, his Order is cancelled. If it is a prepaid Order, money will be returned by Seller to the same account from which payment was done.
6.4 Seller has the right to cancel Order during 5 working days. Occasionally, Orders or parts of an Order are cancelled by Seller’s system for various reasons. Such reasons include:
Item(s) not available
Difficulty in processing your payment information
Cannot ship to address provided
Duplicate Order was placed
If it is a prepaid Order, money will be returned by Seller to the same account from which payment was done. A notification message will be send to Customer email.
6.5 Date of delivery is individually negotiated with Client. Delivery date depends on Products availability and time required for Order execution and shipping.
6.6 If ordered Items are out of stock, Seller has the right to exclude specific Products from the Order / cancel Customer`s Order, propose a similar Product, suggest a Pre-order, or cancel Order completely (if Order consists only of out of stock Product) and inform Customer by phone, email, WhatsApp or Instagram Direct. In order to make a full cancellation of the Order Client needs to notify Seller in the same day he was informed about Products absence.
Where the supply of Client’s Product(s) is delayed or postponed prevented for reasons beyond Seller’s control (for example, material shortages, delivery delays, closure of delivery office, closure of delivery pick up point offices, import delays or higher than anticipated demand) Seller makes every effort to keep Client informed by phone, email, WhatsApp or Instagram Direct.
Seller shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond Seller’s control. Client could refuse from sale agreement or negotiate new delivery conditions or make new Order if Order products are in stock.
6.7 Client cannot make speculative, false or fraudulent Orders. If Seller has doubts in the honesty of motives placing the Order, Seller has the right to cancel such Order and notify relevant authorities.
6.8 Seller has the right to unilaterally limit the number of Items in one Order, total sum of one Order, number of Orders sent to one address or one Client as well as to determine type of payment for the Order.
6.9 Prior to despatch of the Product(s), Seller has the right to decline an Order for any reason, including legal and regulatory reasons. If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Seller has the right to stop or cease to fulfil the Order at any time, including after despatch of products and/or notification to Client that the Order has been received and is being processed. Client acknowledges that Seller shall incur no liability in such circumstances.
7. ORDER EXECUTION & DELIVERY
7.1 Worldwide & domestic delivery is despatched by courier delivery companies including International Express Mail Service (EMS) and Boxberry. All service is available for tracking through deliverer websites.
7.2 More information on delivery conditions could be found through links below:
7.3 Paid Orders which are in stock are processed during 3 working days.
Please be advised about Seller’s production timings for accessory Pre-orders:
☾ classic model up to 7 working days after payment
☾ individual monogrammed masks up to 15 working days after payment
7.4 Moscow & St. Petersburg delivery takes up to 2 working days by Boxberry courier or up to the Boxberry Self Pick Up office. Once Order has been processed for delivery and shipped out from Seller’s facilities, Client will receive a shipping confirmation that contains a tracking number. Seller can monitor the estimated arrival status of package by clicking here (https://boxberry.ru/tracking/) and use Boxberry package tracking feature by directly entering the provided tracking number on their site.
7.5 Delivery charges and timescales for the rest of Russia (except Moscow, Moscow suburbs & St Petersburg) and Worldwide Orders vary depending on the type of Products ordered, the service you select and the delivery address. Delivery conditions are negotiated individually by phone, email, WhatsApp or Instagram Direct with the Client.
Delivery is charged by weight.
Seller makes its best to follow delivery frames. Although Seller is not responsible for possible delays due to unpredictable obstacles happened for reasons beyond Seller’s control.
7.6 Order could be delivered to several individuals (‘receiver’):
any individual mentioned in Order form as a receiver
7.7 Receiver’s mobile number/email address will be given to the courier to help with delivery date, time slot and address. Receiver will be contacted by Courier in advance before delivery.
7.8 Orders could be delivered from Mon to Sat:
Moscow – from 10 am to 10 pm
St. Petersburg – from 10 am to 8 pm
Courier makes 3 delivery attempts. Courier service takes up to 15 min.
7.9 In order to avoid fraud, Client agrees, upon delivery company representative’s request, to provide a copy of valid ID for identification. Courier delivery could only be done indoors. If delivery address has restricted access mode delivery is thought to be done only until checkpoint.
7.10 When accepting Order, Receiver must inspect the integrity of the individual packaging and availability of external damages in presence of delivery company representative. After checking the integrity of the package and absence of external damages, Receiver should open the package and check that Order is in complete volume with chosen products, namely size, model, colour of the Product(s).
In the absence of claims for Order Receiver should sign delivery invoice. Receiver’s signature means that Client accepted Product(s) and does not have any claims to the appearance, configuration and cost of Products.
7.11 If accepting Order with fitting service, Receiver must inspect the integrity of the individual packaging and availability of external damages in presence of delivery company representative. After checking the integrity of the package and absence of external damages, Receiver should open the package and check that Order is in complete volume with chosen Products, namely size, model, colour of the product(s).
In the absence of claims for Order Receiver should start fitting Product(s).
Fitting should be indoors, in sight of courier or in special delivery pick up office fitting cabins.
7.12 All risk in the products of Client’s Order (including risk of loss and/or damage to the Products) shall pass to Client when they are delivered to the delivery address or delivery Self Pick-Up office specified in the Order and delivery invoice is signed by Client.
8. CANCELLATION & RETURNS
8.1 Client has the right to refuse from ordered Product(s) or selected Products at any time before despatch (meaning that Order is not transferred to delivery company).
8.2 Returns must be made within 7 days of confirmed delivery. Product must be unused, with labels, tags, original packaging and receipt.
8.3 Client is required to pay return shipping costs.
8.4 In case of doubts considering fact of use, an independent examination will be carried out. If examination certifies that Product shortcomings have arisen due to circumstances not brought by Seller, Client must reimburse Seller full costs of examination, as well as all expenses caused by Product storage and transportation.
8.5 Exchange of Product is made by Product return and creating of new Order.
8.6 Client does not have a cancellation right with regards to Customised products. Customized product meaning Products with specific features that can only be used by Client who made an Order (special color / fabric / material / size / monogram / embellishment) are not subject for return.
8.7 For return of proper quality Product, Product should be safely packed for transportation with all completing accessories (for silk masks a sache, washing bag, pillow ears) as well as original packaging (care instruction, tags, swing tickets) plus:
• Signed return application claim specifying reason for refund
• Copy of the Client’s ID
• e-receipt by Robokassa
9. DEFECTIVE PRODUCTS
9.1 Seller acts in accordance with applicable consumer regulations. If Client receive defective products, he should notify Seller immediately. Defective Product could be returned and refunded or exchanged for similar in stock Product. Defective product could be exchanged within 1 month from Clients application sent by email.
9.2 Defective product is a product which has lost its function. Difference in design elements, color shades of materials from website descriptions and images are not considered as defects.
9.3 Product appearance and Order completeness must be checked by Receiver at the moment of delivery. Client’s signature on delivery invoice means absence of claims to completeness, quantity and quality of Order.
10.1 Refunds are made within 10 days from the date of Client’s written claim and return of Product to Seller. Duration for funds enrolment depends on bank terms established by its internal regulations.
10.2 Refund of proper quality Product is made with deduction of delivery from Seller to Client.
In case of presence of product exploitation Seller has the right to refuse for refund.
10.3 If Seller consider Products to be defective, a full refund including shipping costs will be made.
Client must provide original e-receipt, or any other document that indicates return delivery cost of defective Product.
10.4 Seller does not offer cash refunds. Refund is made only to bank card from which payment was made. Client agrees, upon Bank request, to provide additional information for completing refund.
10.5 Refund is made only in Russian Rubles. Additional charges can be debited by payment system due to currency conversion.
11.2 Seller will never ask for personal payment details via email. If Client receive an unsolicited email asking for payment details or any other personal details, Client must contact Seller immediately.
12.1. In no case whatsoever will Seller assume any liability for indirect damages such as loss of profit
or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events.
Seller’s liabilities to Client will never exceed Client’s total purchase amount for each Order. In case of force majeure, Seller’s obligations will be suspended. The contract between Client and Seller can, in such cases, be partially or fully terminated by Client or by Seller.
12.2. Seller is not responsible for any damages due to inaction of the third parties.
12.3 Client may purchase Products on Website for personal use only and not for resale. By placing an Order on Website, Client certifies that he is purchasing Products for his own personal use and not for resale and that he accepts the Terms and Conditions.
12.4 Client’s use of any information or materials on Website is entirely at your his risk, for which Seller shall not be liable. It shall be Client’s own responsibility to ensure that any products, services or information available through this Website meet Client’s specific requirements.
12.5 Client must follow any advice provided by Seller to keep products supplied by Seller to Client safe (including care instructions or product manuals provided with the products). Seller cannot accept liability for damage to Products Seller has supplied which is caused by Client’s failure to follow this advice. Examples of matters that Seller will not accept liability for include any items affected by other than hand washing, washing with detergents not suitable for silk/wool, general wear and tear, traces of makeup, moisturisers, lotions or biofluids.
12.6 If Customer's delivery address is outside Russian Federation, Customer may have to pay import duties and taxes, which are levied once a shipment reaches country.
12.7 Website may contain links to other websites beyond Seller’s reach. These links are provided for Client’s convenience to provide further information. Seller cannot be held liable for content or privacy policies of such sites.
12.8 Seller cannot promise that the content of the Site is free of inaccuracies or typographical errors. Although Seller strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Client acknowledge that such information and materials may contain inaccuracies and Seller expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Part of the services provided through the Site are maintained by third party operators. Hence Seller cannot be held responsible for any errors resulting from their activities.
Seller cannot be held responsible for any damage caused from using the Site or, for that matter, not being able to use the Site. Seller cannot guarantee problem-free, uninterrupted, and secure access to the Site.
13.1 Client’s use of this Website and any dispute arising out of such use of the Website is subject to the Law of Russia.
13.2 Seller reserves the right, at Seller’s sole discretion, to update, change or replace any part of these
Terms & Conditions by posting updates and changes to Dreamlandstore website. Client is expected to check this
page from time to time to take notice of any changes Seller makes, as they are legally binding on the Client.
13.3 Most communications between Seller and Client will be sent and received electronically. Client agrees that all agreements, notices, disclosures and other electronic communication exchanged between Client and Seller shall satisfy any legal requirements that such communications be in writing.
13.4 For all other queries please contact
13.5 The latest update of the Terms and Conditions of Yes Way Fashions Dreamlandstore was made in July 2019. If there is any conflict, ambiguity, or discrepancy between the English version and Russian version or any version in another language, the Russian version shall always prevail.
14. DURATION OF THE CONTRACT
14.1 This contract is valid until fulfilment of obligations.
INDIVIDUAL ENTREPRENEUR KIM NELLI VLADIMIROVNA
Account No 40802810738000120065
Correspondent Account 30101810400000000225