“Harvest” Loyalty Programme Rules

1. General Provisions

1.1. These Rules set out the terms of participation in the “Harvest” bonus programme (hereinafter, the “Programme”) run by ZHATVA LLC (hereinafter, the “Organiser”) on the website zhatvarussia.ru (hereinafter, the “Website”).

1.2. These Rules constitute a public offer by the Organiser within the meaning of Article 437(2) of the Civil Code of the Russian Federation and are addressed to an indefinite range of legally capable individuals.

1.3. The offer is published on the Website indefinitely. The period for its acceptance is not less than 30 (thirty) calendar days from the date this version is published on the Website. The Organiser may not withdraw this offer early.

1.4. The Programme is intended to encourage customers to purchase the Organiser’s goods. Participation in the Programme is free of charge and voluntary.

1.5. The terms for earning and using Points set out below comply with the requirements of Article 217(68) of the Tax Code of the Russian Federation, subject to which the Participant’s income in the form of Points is not subject to personal income tax.

1.6. In all matters not governed by these Rules, the Parties shall be guided by the User Agreement, the Public Offer and the legislation of the Russian Federation.

2. Terms and Definitions

Programme: the “Harvest” bonus programme run by the Organiser on the terms of these Rules.

Participant: a legally capable individual who has joined the Programme in the manner set out in Section 3 of these Rules.

Points: notional accounting units credited to the Participant by the Organiser and used solely to calculate the amount of the discount on subsequent purchases on the Website.

Personal Account: a section of the Website to which the Participant gains access using their telephone number and a one-time code sent by SMS. The Personal Account shows the Points balance, the history of Points earned and redeemed, and the current Tier.

Tier: a level of the Programme that determines the percentage of Points earned. The Tier is determined by the Participant’s cumulative purchase amount.

Order: an order for the Organiser’s goods placed on the Website.

Paid Order: an Order for which the Organiser has received payment and which has been moved to the status “Paid”, “Shipped” or “Completed”.

3. Joining the Programme (Acceptance of the Offer)

3.1. Acceptance of this offer and joining the Programme is the Participant’s performance of any of the following implied actions (Article 438(3) of the Civil Code of the Russian Federation):

logging in to the Personal Account on the Website with a telephone number confirmed by a one-time code sent by SMS;

placing an Order on the Website with a telephone number.

3.2. By performing any of these actions, the Participant confirms that they have read these Rules, agree with them and accept them in full. Partial acceptance of the Rules is not permitted.

3.3. Participation in the Programme is personal. The Participant’s account in the Programme is their telephone number: Points earned under one telephone number are available only in the Personal Account with that number.

3.4. The Organiser may refuse participation to or exclude a Participant from the Programme if abuse is detected, including the registration of multiple accounts by one person in order to obtain Points, the placing of Orders with no intention of paying for and receiving them, and other acts of bad faith.

4. Legal Nature of Points

4.1. Points are used solely for accounting purposes and serve to determine the amount of the discount granted by the Organiser to the Participant when paying for an Order (Article 424 of the Civil Code of the Russian Federation).

4.2. Points are not money, an electronic means of payment, a security or any other property. Redeeming Points when placing an Order constitutes the grant of a discount on the price of the goods, not payment for the goods by the Participant.

4.3. Points cannot be exchanged for money and cannot be paid out in cash equivalent under any circumstances.

4.4. Points cannot be transferred to another person, assigned, given as a gift or inherited, and cannot be combined with the Points of another Participant.

4.5. The notional value of one Point for the purpose of calculating the discount is 1 (one) rouble.

5. Earning Points

5.1. Points are earned on a Paid Order. No Points are earned on an Order that has not been paid for.

5.2. The earning base is the amount of the Order for goods less the promo code discount and less the part paid with Points. The cost of delivery is not included in the earning base.

5.3. The earning percentage depends on the Participant’s Tier and is:

“Basic”: 3% of the earning base;

“Silver”: 5% of the earning base;

“Gold”: 7% of the earning base.

5.4. The number of Points earned is rounded down to a whole Point.

5.5. Points appear in the Personal Account after the Order is moved to the status “Paid” and become available for redemption immediately after they are credited.

5.6. Points are not earned on the cost of delivery, on the amount paid with a gift certificate, or on amounts paid with previously earned Points.

6. Programme Tiers

6.1. The Participant’s Tier is determined by their cumulative purchase amount, which is the sum of the earning bases (clause 5.2) for all of the Participant’s Paid Orders over the entire period of participation in the Programme.

6.2. The following Tiers are established:

“Basic”: from 0 roubles, earning rate 3%;

“Silver”: from 15 000 roubles, earning rate 5%;

“Gold”: from 40 000 roubles, earning rate 7%.

6.3. The Tier is upgraded automatically when the cumulative purchase amount reaches the relevant threshold. The Order with which the threshold is reached already earns Points at the rate of the new Tier.

6.4. The cumulative purchase amount does not decrease over time, and a Tier once reached is not downgraded, except in the case of a return of goods; in that case, the cumulative amount is reduced by the earning base for the returned goods, which may result in a downgrade of the Tier.

6.5. The current Tier and the amount remaining until the next Tier are shown in the Personal Account.

7. Redeeming Points

7.1. The Participant may pay for part of an Order with Points. Points may cover no more than 50% of the cost of the goods in the Order after the promo code discount has been applied.

7.2. The cost of delivery cannot be paid with Points.

7.3. Points are redeemed at the rate of 1 Point = 1 rouble of discount.

7.4. When an Order is placed, the number of Points chosen by the Participant is reserved for that Order: they cannot be used in another Order, but are not deducted from the balance until payment. Points are actually redeemed when the Order is moved to the status “Paid”.

7.5. If an Order has not been paid for and is cancelled, the reservation is released: the Participant retains the Points in full.

7.6. Points reserved for an unpaid Order are not included in the amount available for redemption in a new Order.

8. Validity of Points

8.1. Points do not expire. Points are not forfeited either with the passage of time or in the absence of purchases.

8.2. Points may be deducted from the Participant’s balance only in the cases expressly provided for in these Rules: when they are used to pay for an Order (Section 7), when goods are returned (Section 9), when the Participant is excluded from the Programme for abuse (clause 3.4) and when the Programme is terminated (Section 11).

9. Cancellation of an Order and Return of Goods

9.1. If a Paid Order is cancelled, the Points earned on that Order are cancelled, and the Points redeemed in payment for that Order are restored to the Participant’s balance.

9.2. When goods are returned for a refund, only the part of their cost that the Participant paid in money is refunded in money. The part of the cost covered by Points is not refunded in money; instead, the corresponding number of Points is restored to the Participant’s balance.

9.3. Points earned on returned goods are cancelled. If these Points have already been spent at the time of the return, they are cancelled within the limits of the available Points balance; the balance does not become negative.

9.4. This section does not limit the Participant’s rights as a consumer under Law of the Russian Federation “On the Protection of Consumer Rights” and only sets out how Points are accounted for on a return.

10. Personal Data

10.1. To run the Programme, the Organiser processes the Participant’s personal data: telephone number, name, history of Orders and of transactions with Points.

10.2. Processing is carried out in accordance with the Policy on the Processing of Personal Data (zhatvarussia.ru/policy) and the Consent to the Processing of Personal Data (zhatvarussia.ru/approval).

10.3. Joining the Programme does not constitute consent to receive advertising mailings. Such consent is given by the Participant separately and may be withdrawn by them at any time, in the Personal Account or via the “Unsubscribe” link in the message itself.

11. Amendment of the Rules and Termination of the Programme

11.1. The Organiser may amend these Rules. A new version is published on the Website and takes effect no earlier than 10 (ten) calendar days after the date of publication.

11.2. Amendments do not have retroactive effect and do not apply to Points earned before the new version takes effect: such Points are used on the terms in force at the time they were earned.

11.3. The Organiser may not withdraw the offer set out in these Rules early, during the period specified in clause 1.3.

11.4. The Organiser may terminate the Programme by giving notice of this on the Website at least 60 (sixty) calendar days before the termination date. During this period, the Participant may use the accumulated Points on the terms of these Rules.

11.5. On expiry of the period specified in clause 11.4, unused Points are cancelled. The Participant is not entitled to demand payment for them or any other compensation, including in monetary form, since Points are not the Participant’s property (Section 4).

12. Taxation

12.1. The terms of these Rules comply with the requirements of Article 217(68) of the Tax Code of the Russian Federation: joining the Programme and earning and using Points take place on the terms of a public offer for which the acceptance period is not less than 30 calendar days and which cannot be withdrawn early.

12.2. Provided that these conditions are met, the Participant’s income in the form of Points and of discounts granted through their use is not subject to personal income tax.

12.3. Points are not remuneration for work, payment for goods supplied, work performed or services rendered by the Participant, or financial assistance.

13. Organiser’s Details

Full name: ZHATVA LIMITED LIABILITY COMPANY

INN: 6900017801

OGRN: 1256900001016

Contact telephone: +7 929 099 40 44, Mon–Fri 9:00–18:00 Moscow time

Contact email: zhatva.russia@mail.ru