Terms of service

General provisions

1.1. This offer is an official offer of the sole proprietorship Shpachuk Oleksandra Andriivna, hereinafter referred to as the “Seller” or “Zhyva”, to conclude a contract for the sale of goods remotely, that is, through the online store, hereinafter referred to as the “Agreement”, and places the Public Offer (offer) on the official website of the Seller https://zhyva.com (hereinafter referred to as the “Online Store” or “we”).

1.2. The moment of full and unconditional acceptance by the Buyer of the Seller’s offer (acceptance) to conclude an electronic contract for the sale of goods shall be deemed the fact that the Buyer has paid for the order under the terms of this Agreement, within the terms and at the prices specified in the Seller’s online store.

Concepts and definitions

2.1. In this offer, unless otherwise defined, the following terms have the following meanings:

* “Product” means models, accessories, components and related items;

* “Online store” means, in accordance with the Law of Ukraine “On Electronic Commerce”, a means for the presentation or sale of goods, work or services by means of an electronic transaction;

* “Seller” means a company that sells goods presented in the Online Store;

* “Buyer” means an individual who has entered into the Agreement with the Seller on the terms set forth below;

* “Order” – selection of individual items from the list of goods specified by the Buyer when placing an order and making payment.

Subject of the agreement

3.1. The Seller undertakes to transfer the Goods to the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.

This Agreement governs the sale and purchase of goods in the Online Store, including:

– voluntary selection of goods by the Buyer in the online store;

– the Buyer’s independent placement of an order in the online store;

– payment by the Buyer for the order placed in the Online Store;

– processing and delivery of the order to the Buyer in the ownership under the terms of this Agreement.

Ordering procedure

4.1. The Buyer has the right to place an order for any product presented on the website of the Online Store and available in stock.

4.2. Each item can be presented in the order in any quantity.

4.3. In case of delays in the production of goods, the Company Manager is obliged to notify the Buyer (by phone, messenger or e-mail).

4.4. In the absence of goods, the Buyer has the right to replace it with a product of a similar model or cancel the order.

Order payment procedure

5.1. Payment is made when ordering goods in the online store through the LiqPay payment system using Visa or MasterCard. You can pay by cash on delivery of Nova Poshta upon receipt of the order or using other available methods indicated on the main website https://zhyva.com

5.2. Payment for the order by cash on delivery of Nova Poshta is possible upon receipt of the goods, taking into account the commission for this payment method according to the terms of the delivery service.

5.3. In the absence of funds, the online store reserves the right to cancel the order.

Terms of delivery of the order

6.1. Delivery of goods purchased in the online store is carried out to the Nova Poshta branch or to the address specified by the buyer when placing the order. If you choose courier delivery in Ukraine, delivery is carried out by Nova Poshta couriers under the terms of Nova Poshta. Pickup in Kyiv is also possible by prior arrangement.

Rights and obligations of the parties

7.1. The seller has the right to:

– unilaterally terminate the provision of services under this Agreement in case of violation of the terms of this Agreement by the Buyer.

7.2. The buyer is obliged:

– timely pay for and receive the order on the terms of this agreement.

7.3. The buyer has the right to:

– place an order in the online store;

– require the Seller to fulfill the terms of this Agreement.

Responsibility of the parties

8.1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.

8.2. The seller is not responsible for:

– inconsistency of the color scheme of the goods, which may differ from the original due to the color reproduction characteristics of the Buyer’s monitor;

– the content and truthfulness of the information provided by the Buyer when placing an order;

– delays and interruptions in the provision of the Services (order processing and delivery of goods) that occur for reasons beyond its control;

– unlawful illegal actions performed by the Buyer using this access to the Internet;

– transfer by the Buyer of its network identifiers – IP, MAC address, login and password to third parties;

8.3. The Buyer, using the Internet access provided to him/her, shall be solely responsible for the damage caused by his/her actions (personally, even if another person was logged in) to persons or their property, legal entities, the state or general principles of morality.

8.4. In the event of force majeure, the parties shall be released from the terms of this Agreement. For the purposes of this Agreement, force majeure shall mean events of an extraordinary, unforeseen nature that exclude or objectively interfere with the performance of this Agreement, the occurrence of which the Parties could not have foreseen and prevented by reasonable means.

8.5. The Parties shall make every effort to resolve any differences exclusively through negotiations.

Other conditions

9.1. The Online Store reserves the right to unilaterally amend this Agreement subject to its prior publication on the website https://zhyva.com.

9.2. The online store was created to organize remote sales of goods via the Internet.

9.3. The Buyer is responsible for the accuracy of the information provided when placing an order. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, use of his personal data under the terms of the Law of Ukraine “On Personal Data Protection”.

9.4. The Buyer’s payment for the order placed in the Online Store means the Buyer’s full consent to the terms of the purchase and sale agreement (public offer).

9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms and conditions, in accordance with Art. 11 of the Law of Ukraine “On Electronic Commerce”.

9.6. The use of the Online Store resource for previewing the goods and placing an order is free of charge for the Buyer.

9.7. The information provided by the Buyer is confidential. The Online Shop uses the information about the Buyer solely for the purposes of order processing, sending notifications to the Buyer, delivery of goods, making mutual settlements, etc.

The procedure for returning goods of good quality

10.1. If the Buyer does not fit the size, color, or has any other problems with the goods, he/she should contact the support service of the Online Store in any of the following convenient ways:

By phone+38 063 376 79 82
By e-mail to hello@zhyva.com
In the Telegram messenger at +38063 376 79 82
In the messenger of the social network Instagram to the account @zhyva.clothes

10.2. In the event of a return or exchange of goods, the return shipping and/or resending of the goods shall be paid by the buyer.

10.3. If the Buyer returns the goods of good quality, the Online Store shall refund the amount paid for the goods upon return of the goods, less compensation for the costs of the Online Store related to the delivery of the goods to the Buyer, if any.

10.4. Return / exchange of goods is made on condition that:

(Art. 9 of the Law of Ukraine “On Protection of Consumer Rights”)

It was not in use;
preserved marketable condition (no stains, tears, creases, or dents);
the integrity of labels, tags, labels, and original packaging is preserved.
the product does not belong to the category of underwear (including swimwear, sports tops, etc.)

Return/exchange of goods is possible within 14 days after receiving the order.

The term of the contract

11.1. The electronic agreement is considered concluded from the moment the Buyer places an order in the Seller’s online store and is regulated in accordance with the current legislation of Ukraine, in particular the Law of Ukraine “On Electronic Commerce“.

11.2. Prior to the expiration of the term, this Agreement may be terminated by mutual agreement of the parties until the actual delivery of the goods, by refund.

11.3. The Parties shall have the right to terminate this Agreement unilaterally in case of failure of one of the Parties to comply with the terms of this Agreement and in cases provided for by the current legislation of Ukraine.

Please note that the online store https://zhyva.com has the right, in accordance with the legislation of Ukraine, to grant the right to use the Internet platform to individual entrepreneurs and legal entities for the sale of goods.

Exclusive rights

12.1. All objects available in the online store https://zhyva.com, including design elements, text, graphic images, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter referred to as the content of the online store), as well as any content posted on the website https://zhyva.com, are the objects of exclusive rights of the Administration of the online store and other copyright holders.

12.2. The use of content, as well as any other elements of online stores, is possible only within the functionality offered by the online store. No elements of the content of the online store may be used in any other way without the prior permission/consent of the copyright holder. Use means, among other things, reproduction, copying, processing, distribution on any basis, entry into a drawing, and so on. Exceptions are made in cases expressly provided for by Ukrainian law. The use by the User of the elements of the content of the Online Store, as well as any content for personal non-commercial use, is allowed provided that all copyright, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author/right holder is preserved unchanged, and the relevant object is preserved unchanged. Exceptions are made in cases expressly provided for by Ukrainian law.

12.3. If you have any questions about your rights, as well as other questions and suggestions, you can contact us in any of the ways listed below:

12.3.1. By phone +38 063 376 79 82

12.3.2. By e-mail to hello@zhyva.com

12.3.3. In the Telegram messenger at +38063 376 79 82

12.3.4. In the messenger of the social network Instagram to the account @zhyva.clothes