These Purchase, Payment and Delivery Terms (the "Terms") govern the placing of an order, concluding a sale contract, making a payment, ordering delivery services, and returning goods purchased through the Application (as defined below) owned and operated by Yumasoft Inc. having an address at 245 Saw Mill River Road, Hawthorne, New York, USA, 10532.
Except to the extent expressly provided otherwise, in these Terms:
"Order" means a request made by a Customer to a Store through the Application for purchasing and delivering Goods.
"Application" means the customer downloadable web application YUMA and related application software, including an application aggregator and branded individual applications provided by Yumasoft Inc.
"Customer", "you", and "your" (collectively referred to as "Customers") means a natural or legal person using the Application for the purposes of purchasing Goods from Stores through the Application.
"Goods" means goods featured through the Application and offered by Stores for sale to Customers.
"Store" (collectively referred to as "Stores") means a natural or legal person selling or intending to sell Goods through the Application.
1. Technical Steps for Placing Order & Concluding Sale Contract
1.1 In order to place an Order, you have to perform the following technical steps:
(i) Choose a Store through the Application and click on the icon representing the Store.
(ii) Select Goods that you would like to purchase from the selected Store by clicking on the button "Add" next to the listed Goods. The selected Goods will go to your shopping cart.
(iii) After adding the selected Goods to your shopping cart, please click on the icon "Shopping Cart" located at the top right corner of the Application and check carefully the list of the selected Goods.
(iv) Confirm the Order by clicking the button "Checkout" in the shopping cart.
(v) Specify the details related to the Order (e.g., delivery time and type).
(vi) Choose a payment method and click on the button "Submit".
(vii) If you choose to pay online through the Application, please include the payment information requested by the chosen third party payment processor (e.g., your name, surname, credit or debit card number, and security codes). Customers who complete a payment for the first time are required to undergo a payment security verification procedure.
1.2 If your payment is executed successfully, the respective Store shall send you a notification confirming your Order.
1.3 If you have any questions regarding your Orders, please contact the Company by email at firstname.lastname@example.org.
1.4 By placing an Order and receiving a confirmatory notice from the respective Store, you conclude an electronic sale contract for the ordered Goods with the respective Store. The details of the contract will not be filed by the Company and, therefore, the specific contract will not be available to you. However, if you require any information regarding the contract, you can contact the Company by email at email@example.com.
1.5 Correcting input errors. You will be able to identify and correct any input errors prior to clicking on the "Submit" button. If you have made any input error in your shopping cart, please click on the icon "Shopping Cart" and correct your error. If you would like to change any input errors in the delivery address, shipping options, and the payment method, please go to the checkout page in the Application and click the button "Change" in the section in which you would like to make changes. The checkout page of the Application is available by clicking on the "Checkout" button mentioned above.
2.1 Customers can make payments for Orders by using three payment methods, namely, (1) online payments through the Application, (2) cash payments, and (3) non-cash payments. Customers shall specify the chosen payment method when placing their Orders. If a Customer fails to make a payment for an Order by one of the three available payment methods, the Order shall be cancelled.
2.2 Online Payments through the Application
2.2.1 All payments for Goods through the Application will be securely processed by online third party payment processors used by Stores. The third party payment processors used by Stores employ high standard security certificates.
2.2.2 The Company shall not be liable if a third party payment processor declines or refuses payment due to Customer’s failure to quote correct payment information. Customers are solely responsible for quoting correct payment information.
2.2.3 The third party payment processors handle all steps in the payment process on their websites, including data collection and data processing. The Company neither stores nor processes Customers’ credit/debit card information.
2.2.4 In case the Company does not receive the required payment from a Customer through the Application, the Company shall promptly inform the Customer about the failed payment transaction and offer to use other payment methods.
2.3 Cash Payments
2.3.1 Cash payments are available upon the delivery of Goods to Customers by couriers or if Customers choose to pick up Goods at Stores.
2.3.2 Stores or couriers delivering Orders shall issue receipts to Customers confirming the acceptance of cash payments.
2.4 Non-cash Payments
2.4.1 Non-cash payments can be made at Stores upon pickup of Goods by bankcards (MasterCard, MasterCard Electronic, Visa, Visa Electron) owned by Customers.
2.4.2 Stores shall issue receipts confirming the acceptance of non-cash payments.
2.5 Payment Security. Online payments through the Application are carried in accordance with the highest international industry standards.
2.6 Payment Refusal. Payments made through the Application may be refused in the following cases:
2.7 Please submit carefully and accurately the payment information required by the respective third party payment processor. Below, you can find some clarifications regarding payments through bankcards.
2.8 If you have any questions regarding payments of Orders, please contact the financial institution that has issued your bankcard. If the financial institution cannot help you, please contact the Company by email at firstname.lastname@example.org.
3.1 Customers can pick up their Orders free of charge directly at the respective Stores (if the Stores indicate such a possibility through the Application). Orders can also be delivered to addresses specified in them. The delivery option and the timeframe should be specified by the Customer when placing an Order.
3.2 Each Store shall put reasonable efforts to deliver each and every Order within the estimated timeframe. However, please note that the estimated timeframes for delivery provided by Stores are only non-binding estimates.
3.3 The delivery of ordered Goods will be made to the addresses specified in the respective Orders. If a Store cannot deliver an Order to the specified address, the Store shall promptly notify the respective Customer.
3.4 Stores reserve the right to contact Customers with requests to clarify Orders and/or the delivery addresses. Couriers may contact Customers prior to delivering Goods for specifying the exact delivery time.
3.5 The delivery can be executed only if the minimum quantity of Goods is included in the Order. The minimum quantity of Goods which can be purchased from a Store shall be clearly communicated by that Store to its Customers.
3.6 Customers are solely responsible for quoting correct delivery addresses and specifying delivery times that allow them to accept the ordered Goods.
3.7 If Goods cannot be delivered to Customers due to Customers’ faults (e.g., incorrectly quoted contact information or a false Order), the Company reserves the right to suspend the Account and deprive such Customers from placing any orders in the future.
3.8 Delivery of hot food is carried out in specialized thermo bags, preserving the quality of the food.
4.1 Customers may, to the extent allowed by the return policies of the respective Stores, send to Stores requests for replacements or returns.
5. Contact Details
5.1 Any questions with regard to these Terms can be addressed to the Company by using the following contact details:
The Company: Yumasoft Inc.
Address: 245 Saw Mill River Road, Hawthorne, New York, USA, 10532
Phone number: +1 718 710 46 35,
Online contact form: www.yumapos.com
6. Last Amendment
6.1 These Terms have been last amended on 18th of September 2017.
7.1 The Company may cooperate with partners and resellers in relation to the operation of the Application. Such partners and resellers shall be solely responsible for their activities.
8. Other Relevant Documents
8.1 For more detailed information on the terms and conditions governing the use of the Application, please refer to the following documents:
8.2 By using the Application, you agree to be legally bound by the provisions of these Terms and the provisions of the documents mentioned in Section 8.1.
9.1 The rights and obligations of the Company under these Terms may be freely assigned to any third parties without the consent of Customers and Stores. These Terms shall inure to the benefit of and be binding upon the successors and assigns of the Company.