Terms & Conditions
FAINA by YAKUSHA DESIGN
Version dated 01/12/2020
These Terms and Conditions apply to a person (hereinafter – the Client) that concludes any supply contract or delivery contract with the Company as the supplier of the products. After a Client signs the contract, such a Client agrees with the Terms and Conditions.
The Company reserves the right, without prior notice, to remove products from the lines or change specifications to improve the products.
An order confirmation is valid only by FAINA’s written sales confirmation by email or invoice. In the absence of such confirmation, no order will take effect.
CHANGING OR CANCELLING AN ORDER
You may cancel or make changes to your order in written via email within 3 days after it`s confirmation. We will make every effort to accommodate your request. However, we are unable to cancel or change requests once the order has entered the production process.
TRANSPORTATION & FEES
All prices are arranged under the EX WORK: they do not include transportation value or fees.
FAINA as a part of YAKUSHA design brand does not provide logistic services. However, we may assist and advise on different carriers to any place in the world.
The transport companies with whom we cooperate offer delivery cost calculation WITHOUT the customs clearance and taxes in the client’s country. All customs duties, charges etc. in the country of import are subject to the responsibility and expense of the client unless other terms agreed with the client.
To get door-to-door delivery an additional request from the client is required.
Every order is supported with a photo and video of the design piece, and its packaging. From the moment the courier picks up the goods from our stock we do not take responsibility for their safety, it is covered by the transportation company. We are not responsible for any costs or charges related to logistics, as well as shipping time.
If the client chooses to transport the product(s) by own means, we are free of any charges or responsibility for events that might occur during transportation or over the outcome and consequences of such transportation.
As many finishes are applied by hand, they may vary in colour and tone. Variations in colour and veining are inherent in ceramic and wood and considered to be part of the natural beauty of the material. Such variations are not considered to be a breach or unilateral change of the Contract or these Terms and Conditions.
Whereas natural materials are used in the manufacture of furniture please ensure you are familiar with the Rules for the caring and operating posted (link for landing with rules).
The company has the ability to customize existing products or new products to meet contract specifications – all situations that require custom designs are subject to an upcharge. Special pricing based on quantity and features will be provided upon request.
To produce upholstered furniture in COM fabric, we request from the client a 1 sq m sample of the fabric which must be sent to the Kyiv office at the expense of the Client. After testing the fabric, we would confirm the possibility of making an item.
POLICY OF RETURN
In confirmation of the fact that the products ordered are manufactured and free from defects, before packaging, the client is provided with photos of finished products.
Important! Be sure to carefully inspect the goods upon receipt. Claims for damage during transportation are accepted immediately upon inspection. Company is not responsible for the elimination of defects that occurred due to improper conditions of transportation or operation of the products. To receive subsequent compensation from the transport company, it is necessary to report damage no later than 3 working days from the date of delivery.
If the product received by the client has visual defects, such a client has the right to provide a written claim to the Company within the first 48 hours after reception. Photographic evidence supporting the allegation must be sent to
Upon confirmation of a defect, Company compromises to replace the defective part/design piece or provide restoration.
The defective part/piece must be received by the Company in its original package before any replacement can be sent - especially in all cases concerning customizing products or new products created to meet contract specifications. Such packages sending from the clients and to the client shall take place on the client’s account.
Every object has a guarantee and product ID with the recommendations of usage. If the client doesn’t stick to the rules of usage, we won’t take the responsibility for the improper usage.
We provide safe, reliable, environment-friendly packaging developed by our product designers’ team for each product - for its best preservation and transportation. Standard product packaging is included in the price. If the Client requires specific packaging, it will be charged accordingly.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights to any of the products of the Company ordered under the Contract or seen on the website of the Company, belong to the Company – with no limitation by time or territory.
The Customer does not have the right to remove, reproduce, or change any labels as to copyright, trademarks, trade names, or other intellectual property rights on the products.
PAYMENT CONDITIONS & TIME
100% prepayment to start production under the Contract. Orders go into production only after the Company has confirmed that the Contract is signed/stamped by the client and the agreed value has been received by the Company. Bank charges for payment are for the Client’s account.
Payment for delivery is made in a separate invoice directly to the logistics partner. The lead time starts the day the orders go into production and takes 6-8 weeks + 2 weeks for customized works. Delivery time depends on the product.
Bank transfer or credit card, Paypal (online orders only)
In a case, the Order or later requests of the Customer requires materials, products or additional services provided by third parties for which the cost is significant the Company may require payment in full by the Customer to cover such costs. Exceptional costs may also arise where delivery fluctuations arise as a result of the act, omission or request of the Customer or circumstances outside the Company’s control.
Terms and Conditions are subject to change at the sole website discretion of the Company. The last version is placed at the Company’s website - yakusha.design and becomes valid from the very moment of its placement applying for all the Company’s interrelations based on the legal documents signed after the date of such last version. The Client is responsible for keeping himself updated with the latest version.