Public Offer

This document is the official public offer of ZHATVA Limited Liability Company (hereinafter, the “Seller”) to enter into an agreement for the retail sale of goods by distance means on the terms set out below with any individual who meets the requirements of clause 1.2 (hereinafter, the “Buyer”). The Offer is public by virtue of Article 437(2) of the Civil Code of the Russian Federation.

In accordance with Article 438(3) of the Civil Code of the Russian Federation, acceptance of the Offer is the Buyer’s clicking the “Pay” button at the final step of placing an Order on the Website. The agreement is deemed concluded from the moment the Order is paid for (clause 3.5).

1. Terms and Definitions

1.1. Seller: ZHATVA LLC, INN 6900017801, OGRN 1256900001016, address: 47 Burashevskoye Shosse, Tver, Tver Region, 170016; production address: 30A Shkolnaya Street, Mednoye village, Kalininsky Municipal District, Tver Region, 170521; telephone +7 929 099 40 44 (Mon–Fri, 9:00–18:00 Moscow time); email address zhatva.russia@mail.ru.

1.2. Buyer: a legally capable individual purchasing Goods exclusively for personal, family, household and other needs not related to the conduct of business activities. The Offer does not apply to legal entities or individual entrepreneurs; terms of supply for them are agreed separately.

1.3. Website: the Seller’s online shop at https://zhatvarussia.ru, including all its pages and functionality.

1.4. Goods: dietary supplements and other products presented on the Website and available for ordering. The Goods are not a medicinal product.

1.5. Order: the Buyer’s request to purchase Goods selected on the Website, placed using the Website’s functionality, specifying the method of receipt and payment.

1.6. Personal Account: a section of the Website to which the Buyer gains access using a telephone number and a one-time code sent by SMS. The account identifier is the Buyer’s telephone number.

1.7. Pick-up Point: an order pick-up point of a carrier (CDEK, Yandex Delivery, etc.) selected by the Buyer when placing the Order.

1.8. Gift Certificate: an electronic document with a unique code certifying the bearer’s right to pay for Goods on the Website up to its face value (Section 8).

1.9. Policy: the Policy on the Processing of Personal Data published at https://zhatvarussia.ru/policy. Loyalty Programme: the “Harvest” bonus programme, the rules of which are published at https://zhatvarussia.ru/loyalty. Return Rules: published at https://zhatvarussia.ru/return. All of the above documents form an integral part of the Offer.

2. General Provisions

2.1. Relations between the Seller and the Buyer are governed by the Civil Code of the Russian Federation, Law of the Russian Federation No. 2300-1 of 07.02.1992 “On the Protection of Consumer Rights”, the Rules for the Sale of Goods under a Retail Sale and Purchase Agreement approved by Resolution of the Government of the Russian Federation No. 2463 of 31.12.2020, and other regulatory acts of the Russian Federation.

2.2. The Seller may unilaterally amend the Offer without prior notice to the Buyer. A new version takes effect from the moment it is published on the Website and applies to Orders placed after its publication. Orders paid for before a new version is published are governed by the version in force at the time of payment. The Buyer undertakes to read the current version of the Offer before placing each Order.

2.3. By placing an Order, the Buyer confirms that, before the agreement was concluded, they were provided with the information about the Goods required by Articles 10 and 26.1 of the Law “On the Protection of Consumer Rights”: name, composition, consumer properties, contraindications, price, shelf life, storage conditions, manufacturer, as well as information on the procedure and time limits for returning the Goods set out in Section 7 of the Offer and in the Return Rules. This information is provided on the Goods page and on the packaging.

2.4. All information materials on the Website are for reference only. The Seller does not provide medical services or give treatment recommendations; before taking the Goods, the Buyer must consult a specialist.

2.5. The appearance of the Goods’ packaging may differ slightly from the images on the Website, including when the design is updated. Such differences do not constitute a defect of the Goods.

2.6. The Seller may set limits on the quantity of Goods in a single Order and on the number of Orders from one Buyer, and may refuse to accept an Order where there are signs that the Goods are being purchased for resale.

3. Placing an Order and Conclusion of the Agreement

3.1. The Buyer places an Order independently via the Website: adding Goods to the cart, choosing the method of receipt and payment, and providing the details required to perform the agreement.

3.2. When placing an Order, the Buyer provides: name, telephone number, email address, delivery address or Pick-up Point. These details are necessary to perform the agreement and are processed on the basis of Article 6(1)(5) of Federal Law No. 152-FZ in the manner set out in the Policy.

3.3. The Buyer warrants that the details provided are accurate, up to date and belong to the Buyer. The Seller is not obliged to verify the accuracy of the details and proceeds on the basis that they are accurate. Providing inaccurate details (a non-existent telephone number, an incorrect address) is a breach of the Offer and grounds for cancelling the Order; the Buyer bears the adverse consequences of providing inaccurate details.

3.4. If the Order is to be received by a person other than the Buyer (the Recipient), the Buyer provides the Recipient’s name and telephone number and thereby confirms that they have obtained the Recipient’s consent to the transfer of the Recipient’s details to the Seller and the carrier for the purpose of delivery.

3.5. By clicking the “Pay” button, the Buyer accepts the Offer; the Order is assigned a number, and the contents and prices of the Order are fixed. The agreement is deemed concluded from the moment payment is received. If payment is not received within 30 minutes of the Order being placed, the Order is cancelled automatically and the reservation of the Goods, points and Gift Certificate is released; in this case the agreement is not deemed concluded.

3.6. If the payment service has not generated an invoice, the Seller sends the Buyer a payment link by other means. The Seller’s obligations to transfer the Goods do not arise until payment is made.

3.7. The Seller may cancel a paid Order in whole or in part if the Goods are out of stock, if a technical error in the price or description of the Goods on the Website is identified, and in the cases specified in clauses 2.6 and 3.3. The Seller notifies the Buyer of the cancellation by the telephone number or email address provided by the Buyer within one business day; the money for the cancelled part of the Order is refunded within 10 days. No other compensation or damages are payable in connection with the cancellation of an Order by the Seller.

3.8. Confirmation of the conclusion of the agreement and its terms is the message about payment for the Order sent by the Seller to the Buyer’s email address and the record of the Order in the Personal Account.

4. Price of the Goods and Payment

4.1. The price of the Goods is stated on the Website in Russian roubles and includes all taxes. The cost of delivery is not included in the price of the Goods; it is calculated when the Order is placed and shown before payment.

4.2. The Seller may change prices on the Website at any time. The price of an Order that has been placed and paid for is not subject to change.

4.3. Discounts from promo codes, Loyalty Programme points, a Gift Certificate and for the payment method are applied in the cart and reflected in the Order total before payment. The Seller determines how discounts are applied and combined; promo codes cannot be combined with one another unless the terms of the promo code state otherwise.

4.4. Orders are paid for by non-cash payment through the Robokassa payment service using one of the methods available on the Website: the Faster Payments System (SBP) (with a 2% discount) or a bank card. Payment on receipt is not available.

4.5. The Buyer enters bank card details on the secure page of the payment service, and they are not transferred to the Seller. By choosing to save the card, the Buyer instructs the payment service to store the card details for future payments; the Seller retains only the payment system and the last four digits of the card number. The relationship regarding the storage of card details arises between the Buyer and the payment service.

4.7. Part of the cost of the Goods may be paid with Loyalty Programme points, up to a maximum of 50% of the cost of the Goods in the Order; the cost of delivery cannot be paid with points. The terms for earning and redeeming points are set out in the Loyalty Programme Rules.

4.8. An Order may be paid for with a Gift Certificate in whole or in part, including the cost of delivery. If the Order total is less than the remaining balance of the certificate, the unused balance is retained; if it is more, the difference is paid by another method.

4.9. The Buyer’s payment obligation is deemed fulfilled from the moment the funds are received by the Seller through the payment service.

4.10. The till receipt is sent to the Buyer in electronic form to the email address provided when placing the Order, in accordance with Federal Law No. 54-FZ of 22.05.2003. By providing an email address, the Buyer agrees to receive the receipt in electronic form; a paper receipt is not provided.

4.11. Refunds are made by the same method used for payment: to the same bank card or account from which the payment was made. The part paid with points or a Gift Certificate is refunded as points or to the certificate respectively.

5. Delivery and Transfer of the Goods

5.1. Methods of receiving the Goods available when placing an Order: collection at a Pick-up Point, courier delivery to the door, same-day courier delivery (where available in the region), and self-collection from the Seller’s warehouse. The cost and estimated time of each method are calculated according to the carrier’s rates and shown before payment.

5.2. Self-collection is free of charge from one of the Seller’s warehouses: 47 Burashevskoye Shosse, Tver, or 11 Rimskogo-Korsakova Street, building 8, Moscow, daily from 10:00 to 18:00. The collection warehouse is indicated when placing the Order and in the notice that the Order is ready for collection. The Order is held at the warehouse for 14 days from the moment the notice that it is ready for collection is sent to the Buyer. The Order is handed over to the person who states the Order number and the telephone number provided when placing it.

5.3. The Order is dispatched from one of the Seller’s two warehouses, in Tver or in Moscow (addresses given in clause 5.2); the Seller chooses the dispatch warehouse at its own discretion. The Order is handed over to the carrier on business days. After handover, the Seller sends the Buyer a notice with the shipment tracking number. The carrier notifies the Buyer of arrival at the Pick-up Point directly, using the telephone number provided in the Order.

5.4. Delivery times stated on the Website are estimates and depend on the region and the carrier’s operations. The period for which a shipment is held at the Pick-up Point is set by the carrier’s rules. The Seller is not liable for delays in delivery or breaches of the holding period caused by the carrier.

5.5. Goods are handed over at the Pick-up Point and by courier in accordance with the carrier’s rules: to the person who states the shipment number and/or the code from the SMS sent to the telephone number in the Order. The Buyer is responsible for keeping the code secret; handing the Goods over to a person who states the code is deemed proper performance of the Seller’s obligation.

5.6. On receipt, the Buyer must check the integrity of the packaging and the quantity and contents of the Order. Claims regarding external damage, quantity and completeness that were not recorded on receipt together with the Pick-up Point employee or the courier are not accepted after acceptance.

5.7. Ownership of the Goods and the risk of their accidental loss or damage pass to the Buyer from the moment the Goods are handed over to the Buyer or the Recipient.

5.8. Failure to collect the Order within the holding period at the Pick-up Point or at the Seller’s warehouse, or refusal to accept the Order from the courier, is deemed a unilateral withdrawal by the Buyer from the agreement. In this case, the Seller refunds the Buyer the cost of the Goods within 10 days of the shipment being returned to the Seller, withholding the costs of delivering the Goods to the Buyer and returning them to the Seller (Article 26.1(4) of the Law “On the Protection of Consumer Rights”).

5.9. The Seller is deemed to have properly performed its obligation to transfer the Goods if it used the details provided by the Buyer when placing the Order.

6. Quality of the Goods

6.1. The Seller transfers Goods of proper quality that match the description on the Website and the mandatory requirements for dietary supplements. Certificates of state registration and declarations of conformity are provided on request to zhatva.russia@mail.ru.

6.2. The shelf life and storage conditions of the Goods are stated on the packaging. The Seller is not liable for defects arising after the transfer of the Goods as a result of the Buyer’s breach of the storage conditions or directions for use.

6.3. The Goods are not a medicinal product. The Seller is not liable for the absence of the effect expected by the Buyer from taking the Goods or for the consequences of taking them where there are contraindications.

7. Withdrawal and Returns

7.1. The Buyer may cancel the Order at any time before the Goods are transferred and, after the transfer, within 7 days (Article 26.1(4) of the Law “On the Protection of Consumer Rights”) by sending a notice to zhatva.russia@mail.ru stating the Order number.

7.2. If the Order is cancelled before dispatch, the Seller refunds the amount paid in full. If it is cancelled after the shipment has been handed over to the carrier, the cost of the Goods is refunded once the shipment has been received by the Seller, less the delivery costs (clause 5.8).

7.3. Goods of proper quality may be returned if their marketable appearance, consumer properties, intact factory packaging (seal, protective membrane) and a document confirming the purchase are preserved. The Goods are food products: Goods whose factory packaging has been opened or damaged cannot be returned or exchanged, as they do not retain their consumer properties.

7.4. The Buyer arranges the return of Goods of proper quality to the Seller independently, by handing them over at the Seller’s warehouse or sending them via a carrier, and bears the costs of the return. The cost of delivering the Goods to the Buyer is not reimbursed when Goods of proper quality are returned.

7.5. Money for returned Goods of proper quality is refunded within 10 days of the Goods being received by the Seller, by the method specified in clause 4.11.

7.6. Claims relating to defects in the Goods (damaged packaging, missing items, wrong items, expired shelf life) are made in accordance with Article 18 of the Law “On the Protection of Consumer Rights”: the Buyer sends the Order number, a description of the defect and photographs to zhatva.russia@mail.ru. Defects that could have been detected on receipt (clause 5.6) are considered only if they were recorded at the time of receipt. The Seller may carry out a quality check of the Goods; if the defect is confirmed, the Seller, at the Buyer’s choice, replaces the Goods or refunds their cost, and also reimburses the costs of returning the Goods.

7.7. The detailed return procedure is set out in the Return Rules (https://zhatvarussia.ru/return).

8. Gift Certificates

8.1. A Gift Certificate certifies the bearer’s right to pay for Goods on the Website up to its face value. The face value is chosen by the Buyer at the time of purchase from the values offered on the Website. The certificate is issued in electronic form: a link to the certificate page and a PDF card.

8.2. A certificate may be purchased for oneself or for another person. In the latter case, the Buyer provides the recipient’s name and telephone number and a greeting message; the link to the certificate is sent to the recipient by SMS or given to the Buyer to hand over personally. By providing the recipient’s details, the Buyer warrants that the recipient has consented (clause 3.4).

8.3. The certificate is applied by its code when placing an Order and counts towards payment for the Goods and delivery. The certificate may be used in parts; the unused balance is retained. The certificate has no expiry date.

8.4. The certificate cannot be exchanged for money. Loyalty Programme points are not earned on the amount paid with a certificate.

8.5. The certificate is a bearer certificate: any person who has the link or the code may use it. The Buyer and the recipient are responsible for keeping the link and code safe. If the link is lost or obtained by an unauthorised person, the Buyer promptly informs the Seller at zhatva.russia@mail.ru; the Seller blocks the certificate and issues a new one for the unused balance, provided that the certificate was not used before the message was received.

9. Loyalty Programme and Promo Codes

9.1. By placing an Order with a telephone number or by logging into the Personal Account, the Buyer joins the “Harvest” Loyalty Programme on the terms of its Rules (https://zhatvarussia.ru/loyalty).

9.2. Promo codes are applied when placing an Order on the terms specified when they are issued. The Seller may terminate a promo code if abuse is detected.

10. Personal Account and Messages

10.1. Access to the Personal Account is granted using a telephone number and a one-time code sent by SMS. The code entered constitutes the Buyer’s simple electronic signature (Article 5 of Federal Law No. 63-FZ of 06.04.2011) and confirms that the telephone number belongs to the Buyer. All actions performed in the Personal Account after the code is entered are deemed actions of the Buyer. The Buyer undertakes not to disclose the code to third parties; the Seller never asks for the code.

10.2. By providing a telephone number and email address, the Buyer agrees to receive service messages about the progress of the Order (payment, dispatch, arrival, cancellation, refunds), as well as the login code. These messages are not advertising and cannot be opted out of.

10.3. Advertising messages are sent only with the Buyer’s separate consent obtained in the manner set out in the Policy. The Buyer may opt out of advertising messages at any time.

11. Personal Data

11.1. Personal data provided by the Buyer when placing an Order is processed by the Seller to perform the agreement on the basis of Article 6(1)(5) of Federal Law No. 152-FZ of 27.07.2006 in the manner set out in the Policy.

11.2. To perform the agreement, the Seller transfers the Buyer’s details to the carrier chosen by the Buyer (name, telephone number, delivery address or Pick-up Point) and to the Robokassa payment service (Order amount and number, receipt contents, email address for sending the receipt). The full list of recipients of the data and the information transferred to them is given in Section 5 of the Policy.

11.3. By placing an Order, the Buyer confirms that they have read the Policy.

12. Liability of the Parties

12.1. The parties are liable for non-performance or improper performance of their obligations in accordance with the legislation of the Russian Federation.

12.2. The Seller is not liable for: the Buyer’s losses arising from inaccurate or incomplete details provided when placing an Order; the consequences of the Buyer disclosing the SMS code, Order number or Gift Certificate link to third parties; delays in delivery or breaches of the holding period caused by the carrier; damage caused by the Buyer’s breach of the storage conditions or directions for use of the Goods; temporary unavailability of the Website for technical reasons; unlawful actions of third parties.

12.3. The parties are released from liability for non-performance of obligations caused by force majeure: natural disasters, fires, epidemics, military operations, acts of public authorities, restrictions on transport, failures of communication networks and payment systems, failures of carriers, and other circumstances that the parties could not foresee or prevent. The time for performance of obligations is extended for the duration of such circumstances. If they last more than 30 days, the Seller may cancel the Order and refund the amounts paid.

13. Claims and Dispute Resolution

13.1. The Buyer sends claims to the email address zhatva.russia@mail.ru from the address specified in the Order, or by post to the Seller’s address (clause 1.1), stating the Order number. Claims received after 16:00 Moscow time or on a non-working day are deemed received on the next business day. The time limit for responding to a claim is 10 days from the date of receipt.

13.2. Disputes not settled through the claims procedure are referred to court in accordance with the legislation of the Russian Federation on jurisdiction over consumer protection claims.

14. Term of the Offer

14.1. The Offer takes effect from the moment it is published on the Website and remains in force until it is withdrawn by the Seller or replaced by a new version. The current version is published at https://zhatvarussia.ru/oferta.

15. Seller’s Details

ZHATVA Limited Liability Company

INN 6900017801 · OGRN 1256900001016

Address: 47 Burashevskoye Shosse, Tver, Tver Region, 170016

Production: 30A Shkolnaya Street, Mednoye village, Kalininsky Municipal District, Tver Region, 170521

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

Email: zhatva.russia@mail.ru