Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is by an official public offer of the Seller to conclude with the Buyers a contract for the sale of the Goods, the photos of which are posted in the corresponding section of the Website https://zhiva.ua/.

Sellers intending to sell Products using the Website https://zhiva.ua/ and Buyers when purchasing Products whose images are posted on the corresponding pages https://zhiva.ua/ accept the terms of this Agreement as follows.

1. GENERAL PROVISIONS

1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the page of the Website https://zhiva.ua/ in the appropriate section of the button "ORDER" means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, took to fulfill the terms of the Public Offer Agreement, which are listed below.

1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.

1.3. This Agreement enters into force from the moment you click on the "ORDER" button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.

1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent of which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international treaty are applied.

2. TERMS AND DEFINITIONS

"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://zhiva.ua/ and the use of which is mandatory for all Sellers, containing the Seller's offer to purchase the Goods, the image of which is posted on the Website https://zhiva.ua/ directed to an indefinite circle of persons, including Buyers.

"Acceptance" - - acceptance by the Buyer of the seller's offer to purchase the Goods, the image of which is posted on the Website https://zhiva.ua/ , by adding it to the virtual basket and sending the Order.

"Product" - an item of trade (product, model, accessory, components and related items, any other items of trade), the purchase of which is posted on the website https://zhiva.ua/ by the seller.

"Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who have visited the Website https://zhiva.ua/ and intend to purchase one or another Product.

"Seller" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who are the owners or distributors of the Goods and, using the Website https://zhiva.ua/ , intend to sell it.

"Order" - a Buyer's application for the purchase of Goods duly executed and posted on the Website https://zhiva.ua/ and addressed to the seller.

"Legislation" - the norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement.

"Substantial deficiency of the Goods" - a deficiency that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it manifests itself again for reasons independent of the consumer.

3. SUBJECT OF THE CONTRACT

3.1. The Seller undertakes, on the terms and in the manner determined by this Agreement, to sell the Goods based on the Order placed by the Buyer on the corresponding page of the Website https://zhiva.ua/ , and the Buyer undertakes, on the terms and in the manner determined by this Agreement, to buy the Goods and pay money for it.

3.2. The Seller guarantees that the Product is not pledged, is not a subject of dispute, is not under arrest, and there are no rights of third parties to it.

3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or deception.

3.4. The seller confirms that he has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating in the process of executing this Agreement, and also guarantees that he has the right to manufacture and / or sell goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to bear responsibility in case of violation of the Buyer's rights in the process of executing this Agreement and selling the Goods.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. The seller is obliged:

- comply with the terms of this Agreement

- fulfill orders of the Buyer in case of receipt of payment from the Buyer;

- transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the Website https://zhiva.ua/ , the completed order and the terms of this Agreement;

- check the qualitative and quantitative characteristics of the Goods during their packing in the warehouse;

- notify the buyer about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.

4.2. The seller has the right:

- unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.

4.3. Seller:

- A business entity from among the persons offering for purchase on the Website https://zhiva.ua/  Goods according to the uniform agreed rules set out in this public offer agreement. *

5. RIGHTS AND OBLIGATIONS OF THE BUYER

5.1. The buyer is obliged:

- timely pay and receive the order under the terms of this Agreement;

- familiarize yourself with the information about the Goods posted on the Website https://zhiva.ua/ ;

- upon receipt of the Goods from the person who delivered them, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete complete set of the Goods - fix them in an act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.

5.2. The buyer has the right:

- place an order on the corresponding page of the Website https://zhiva.ua/ ;

- require the seller to comply with the terms of this Agreement;

- to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.

6. PROCEDURE FOR ORDERING

6.1. The Buyer independently places an order on the corresponding page of the Website https://zhiva.ua/ by adding the Products to the virtual cart by clicking the "Add to cart!" Button, or by placing an order by e-mail, or by the phone number specified in the contact section Website https://zhiva.ua/ .

6.2. The term for forming the Order is up to 2 working days from the date of its registration If the order is sent on a weekend or a holiday, the formation period starts from the first working day after the weekend.

7. PRICE OF THE CONTRACT AND PROCEDURE OF PAYMENT

7.1. The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Website https://zhiva.ua/ . The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of section 8 of this Agreement.

7.2. The cost of the Order may vary depending on the price, quantity or range of goods.

7.3. The buyer can pay for the order in the following ways:

1) by bank transfer of money to the Seller's current account indicated in the invoice, incl. using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).

2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place of ordering the goods.

3) By credit card of the following type:

- Visa

- Visa Electron

- Mastercard

- Mastercard Electronic

- Maestro

4) in any other way as agreed with the Seller.

Note. When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro. When clicking on the page of the Website https://zhiva.ua/  in the corresponding section of the button "ORDER" means that the Seller has notified the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders, the issuer of the Visa card, Mastercard, Visa Electron, Mastercard Electronic, Maestro.

8. TERMS OF DELIVERY OF GOODS

8.1 The Buyer receives the Goods by delivery, or receives it personally. The procedure for payment and receipt is indicated on the corresponding page of the Website https://zhiva.ua/ .

8.2. When delivering the Goods to other cities of Ukraine or on the territory of another country, performed by other Delivery Services (hereinafter referred to as the Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.

8.3. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own signature in the consignment note, the declaration of the Carrier Company, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the amount specified and paid by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.

8.4. In the absence of the Buyer at the delivery address specified by the Buyer in the application or the Buyer refuses to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipping center. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The rest of the amount is returned to the Buyer on the basis of his letter sent to e-mail: [email protected]  indicating the current account to which the funds should be returned.

All questions arising in the process of payment and receipt of the Goods, the Buyer can find out by the contact details in the Contacts section.

9. TERMS OF RETURN OF GOODS

9.1. In accordance with Art. 9 of the Law of Ukraine "On Protection of Consumer Rights", the Buyer has the right to exchange the Goods of good quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that cannot be exchanged (returned).

9.2. If the Buyer intends to return the Goods, such a return is carried out in accordance with the "Return" section of the Site, taking into account the rules and conditions of the carrier or courier in force in Ukraine or in the territory of another country in accordance with the place where the Goods were received.

9.3. In the event of at least one of the listed shortcomings, the Buyer is obliged to fix it in a compiled act of any form. The act must be signed by the Buyer and the person who delivered the Goods or the Seller. If possible, deficiencies should be recorded by means of photo or video filming. Within 1 (one) day, the Buyer is obliged to inform the manager (the representative of the Seller responsible for placing the order for the Goods) about the identified deficiencies and agree on the replacement of the Goods, filling in the complaint form for returning the Goods on the website https://zhiva.ua/ .

9.4. The parties agreed that in case of non-observance of the mandatory requirements of the specified procedure, it is recognized that the Buyer receives the Goods in proper condition - without any mechanical damage and in complete completeness.

10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION

10.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current international and Ukrainian legislation.

10.2. In the event of any disputes related to the implementation of this Agreement by the Parties, with the exception of disputes about debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.

10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those concerning its execution, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Ukrainian substantive and procedural law.

11. FORCE MAJEURE CIRCUMSTANCES

11.1. The parties are not responsible for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are really beyond the control of such a party that occurred after the conclusion of this Agreement, unpredictable and inevitable.

Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.

11.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of the force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.

11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which the execution was postponed due to the listed circumstances.

11.4. If, due to force majeure circumstances, failure to fulfill obligations under this Agreement lasts more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.

Despite the occurrence of force majeure, before the termination of this Agreement due to force majeure, the Parties make final settlements.

12. OTHER CONDITIONS OF THE CONTRACT

12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending advertising messages, etc.).

12.2. By own acceptance of the Agreement or by registering on the Website https://zhiva.ua/ (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data with the subsequent purpose: the data that becomes known will be used for commercial purposes, in including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Website https://zhiva.ua/ .

For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms messages, make calls to the phone number specified in the questionnaire.

12.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification of this), to carry out lifelong storage of data, their accumulation, update, change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for these purposes, as well as to a mandatory request from a competent state organ).

12.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials by sending it to the postal or e-mail address.

12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified during the ordering process.