PLEASE NOTE THAT SECTION 15 OF THE GENERAL TERMS OF USE INCLUDES PROVISIONS THAT OUTLINE HOW DISPUTES BETWEEN YOU AND ZHILYOVA WILL BE RESOLVED. SPECIFICALLY, SECTION 15 CONTAINS AN AGREEMENT TO ARBITRATE, WHICH GENERALLY REQUIRES THAT ALL DISPUTES BETWEEN YOU AND US BE SETTLED THROUGH BINDING AND FINAL ARBITRATION, WITH LIMITED EXCEPTIONS. SECTION 15 ALSO INCLUDES A WAIVER OF YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A JURY TRIAL. WE ENCOURAGE YOU TO READ SECTION 15 CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS: (i) YOU WILL ONLY BE ALLOWED TO PURSUE CLAIMS OR DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, AND YOU WILL WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS OR DISPUTES AND SEEK RELIEF IN A COURT OF LAW, INCLUDING THE RIGHT TO A JURY TRIAL.

These Terms are comprised of the following sections:

A. GENERAL USE TERMS

B. SALE TERMS

C. GIFT CARDS TERMS

PLEASE CAREFULLY REVIEW THESE TERMS AND THE ZHILYOVA PRIVACY POLICY (“Privacy Policy”) BEFORE USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM ON ANY COMPUTER, MOBILE DEVICE, TABLET, CONSOLE, OR OTHER DEVICES (COLLECTIVELY REFERRED TO AS “Devices”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED HEREIN AND IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OR THE PURPOSE FOR PROCESSING INFORMATION AS OUTLINED IN OUR PRIVACY POLICY, YOU MUST IMMEDIATELY EXIT THE PLATFORM AND CEASE ANY FURTHER USE OF THE PLATFORM OR ANY CONTENT PROVIDED THEREIN. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE APPS. YOUR USE OF THE PLATFORM WILL BE CONSIDERED YOUR AGREEMENT TO COMPLY WITH EACH OF THE TERMS LISTED BELOW.

ZHILYOVA RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS A NOTICE VIA EMAIL. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST DISCONTINUE YOUR USE OF THE PLATFORM. CONTINUING TO USE OR ACCESS THE PLATFORM WILL BE TAKEN AS YOUR ACCEPTANCE OF THE REVISED TERMS. These Terms do not alter any other agreement you may have with ZHILYOVA or its affiliates for other products or services.

Our Privacy Policy, including our Cookie Policy where applicable, details the collection, use, and further processing of personal information on the Platform. Notwithstanding anything in these Terms, ZHILYOVA’s use of any personal information (such as your name, address, etc.) provided through the Platform will be governed by our Privacy Policy. For more details on ZHILYOVA’s processing of your personal information, please consult our Privacy Policy, available at https://zhilyova.com/policies/privacy-policy, or the relevant local version available at the bottom of the regional Site.

You should periodically review this page to stay informed of any changes made by ZHILYOVA, as these changes are binding on you.

These Terms were updated as of August 26, 2024, and will take effect no later than September 15, 2024, for users in jurisdictions requiring advance notice.

Access to and use of the Platform is limited to individuals who can form legally binding contracts under applicable laws, are of legal age of majority in their place of residence (typically 18 years of age or older), and are not otherwise prohibited from using the Platform under applicable laws.

The Platform is provided for your personal, non-commercial use only. You may access and use the Platform in compliance with all applicable laws, regulations, and these Terms. You acknowledge that ZHILYOVA, in its sole discretion and without prior notice, may temporarily suspend or permanently discontinue your access to or use of the Platform at any time.

You agree not to:

• Resell products purchased through the Platform or from a ZHILYOVA retail store for commercial purposes;
• Commercially sell, resell, distribute, or frame the Platform or its Content;
• Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content;
• Use, frame, or employ framing techniques to enclose any ZHILYOVA trademark, logo, or other proprietary information (including images on the Platform, the content of any text, or the layout/design of any page or form on the Platform) without ZHILYOVA’s express written consent;
• Collect or use any product listings or descriptions; or
• Use any meta tags or other “hidden text” that utilizes a ZHILYOVA name, trademark, or product name without ZHILYOVA’s express written consent.

When using the Platform, you may not:

• Breach, attempt to breach, or otherwise bypass any security or authentication measures on the Platform, the servers where our Sites are stored, or any server, computer, or database connected to the Platform;
• Introduce or transmit any viruses, malware, malicious or destructive code, or any other harmful routine (e.g., time bombs, software locks, worms, Trojan horses, trapdoors, backdoors, or other software routines) that could interfere with, harm, or provide unauthorized access to the Platform, including the systems or servers hosting it;
• Use any data mining, robots, or similar data gathering and extraction methods on the Platform;
• Access or attempt to access any systems or servers hosting the Platform or modify or alter the Platform in any way other than as expressly permitted by these Terms;
• Attack the Platform via a denial-of-service attack or distributed denial-of-service attack; or
• Forge headers, create a false identity, or otherwise manipulate identifiers to deceive others or disguise the origin of any Content or information transmitted to or via the Platform.

Any unauthorized use of the Platform will result in the termination of the permission or license granted by these Terms, will bar you from further use of the Platform, and may violate applicable laws, including, but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

The Content, Sites, and Apps, along with the selection and arrangement of each, are the exclusive property of ZHILYOVA and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws. These materials may not be used except in accordance with these Terms or with the express written consent of ZHILYOVA. Aside from what is necessary for your use of the Platform as outlined in these Terms, ZHILYOVA grants no additional rights or privileges to you regarding the Content. All patent, copyright, trademark, and other proprietary notices on the Content must remain intact. Any Content owned by ZHILYOVA’s licensors may also be subject to further restrictions. Except as explicitly stated in these Terms, no part of the Apps, Sites, or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smartphone, tablet, or other medium for publication or distribution, or for any commercial enterprise, without ZHILYOVA’s prior written consent.

If you print, copy, or download any portion of the Platform in violation of these Terms, your right to use the Platform will be immediately revoked, and you must, at ZHILYOVA’s discretion, return or destroy any copies of the materials you have made. You may print one copy and download extracts of any page(s) from the Sites for your personal, non-commercial use. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. ZHILYOVA’s status (and that of any identified contributors) as the author of material on the Platform must always be acknowledged.

All trademarks, service marks, trade names, logos, and trade dress, whether they are registered or not (collectively referred to as the "Marks"), that are displayed on the Platform are the exclusive property of ZHILYOVA or the respective owners of those Marks. You are not permitted to display or reproduce any ZHILYOVA Marks without obtaining prior written permission from ZHILYOVA, and you must not remove or modify any trademark notices included in any Content. The Marks are safeguarded by trademark, trade dress, copyright, and various other intellectual property rights and laws against unfair competition.

Furthermore, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress belonging to ZHILYOVA or their respective owners, and cannot be copied, imitated, or used, in whole or in part, without prior written consent from ZHILYOVA.

ZHILYOVA values and upholds the intellectual property rights of others, and we expect you to do the same. In certain situations and at our discretion, ZHILYOVA may terminate services and/or restrict access to the Platform for users who infringe on the intellectual property rights of others. If you believe that your work has been infringed upon by copyright and/or trademark violations and is displayed on our Platform, please provide the designated agent of ZHILYOVA with the following information as required by the Online Copyright Infringement Liability Limitation Act under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"):

• A physical or electronic signature of the individual authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to be infringed, or, if a single notification covers multiple works on a single website, a representative list of those works.
• Identification of the material that is claimed to be infringing or is the subject of infringing activity, along with information reasonably sufficient to allow ZHILYOVA to locate the material on the Platform.
• Information sufficient to enable ZHILYOVA to contact you as the complaining party, such as an address, telephone number, and, if available, an email address where you can be reached.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

ZHILYOVA’s agent for receiving notice of claims regarding copyright or trademark infringement on the Platform can be contacted as follows:

By email: care@zhilyova.com

By mail:

Attention: ZHILYOVA Intellectual Property

541 Jefferson Ave

Suite 100

Redwood City, CA 94063

USA

Please be aware that under Section 512(f) of the U.S. Copyright Act, anyone who knowingly and materially misrepresents that material or activity is infringing may be subject to liability.

If you purchase products or services through the Platform, you may be prompted to create an account with ZHILYOVA, and you may choose to do so at your discretion. You are solely responsible for (i) maintaining the security and confidentiality of your account and account password; (ii) restricting access to your device and account; and (iii) keeping your email address associated with your account up to date. You bear full responsibility and liability for all activities, including, but not limited to, all purchases of products and services made using the Platform under your account or account password.

You agree to promptly notify ZHILYOVA of any unauthorized use of your password or account, or any other security breach, by contacting care@zhilyova.com. We reserve the right to disable any account or password at any time, for any reason.

You acknowledge and agree that ZHILYOVA may, in accordance with the Privacy Policy and to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information related to your use of the Platform, and all information related to the use of the Platform under your account or account password if ZHILYOVA is required to do so by law or legal process, or if ZHILYOVA determines, at its sole discretion, that such action is necessary to protect the rights of ZHILYOVA, third parties, and other users of the Platform, or to respond to your customer service requests.

You consent to receive electronic communications from ZHILYOVA, either in the form of emails sent to the email address associated with your account or by communications posted on the Platform for any purpose. You acknowledge and agree that any such electronic communication, whether by email or posting on the Platform, satisfies any legal requirement that such communication be in writing.

You agree that ZHILYOVA may use and/or disclose information in a manner consistent with the Privacy Policy.

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, feedback on products or services, ideas, and any other content or material that you submit, upload, post, or otherwise make available on or through the Platform (each referred to as a "Submission") and through the services associated with the Platform. You understand that you, and not ZHILYOVA, are fully responsible for each Submission you make, including its legality, reliability, appropriateness, and ownership of trademarks, copyrights, and other intellectual property. Before making a Submission, you must ensure that you either own all relevant intellectual property rights or are otherwise authorized to grant a License (as defined below) to ZHILYOVA. You represent that: (a) posting and using your Submission on or through the Service does not violate, misappropriate, or infringe upon the rights of any third party, including, but not limited to, privacy rights, publicity rights, copyrights, trademarks, or other intellectual property rights; (b) you will pay all royalties, fees, and any other amounts owed due to the Submission you post; and (c) you have the legal right and authority to enter into these Terms in your jurisdiction.

Unless explicitly stated otherwise herein or in the Privacy Policy, you agree that any Submission you provide in connection with the Platform is provided on a non-proprietary and non-confidential basis.

You agree that ZHILYOVA is free to use a Submission for the purpose of providing you and others with use of the Platform, its functionality, and related products and services. Unless the rights in such Submission are assigned to ZHILYOVA under these Terms, you grant ZHILYOVA a sub-licensable, transferable, perpetual, non-exclusive, worldwide, royalty-free license ("License") to link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify, and prepare derivative works of the Submission (in any media, whether now known or later developed).

Furthermore, to the extent that any Submission includes your or another person’s name, likeness, voice, or biographical information ("Personal Rights"), you must comply with any relevant legislative requirements and hereby grant, and cause such other person to grant, to ZHILYOVA a License to exploit or use such Personal Rights for any advertising or marketing of ZHILYOVA products and services (in any media, whether now known or later developed). Submissions are considered non-confidential, and ZHILYOVA is under no obligation to treat such Submissions as proprietary information, except as stated in the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Platform or otherwise have the right to grant the Licenses to ZHILYOVA as described in this section; (ii) your Submission is accurate and not misleading; and (iii) posting your Submissions on or through the Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person or entity or violate any applicable law, rule, regulation, or order. You agree to pay all royalties, fees, damages, and any other amounts owed to any person due to any Submissions posted by you on or through the Platform. When making Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation:

• Use the Platform in a manner that employs technology or other means to access the Platform or other content without authorization from ZHILYOVA;
• Use a false email address, impersonate any person or entity, or otherwise mislead others about the origin of content;
• Take any action that imposes or may impose (in ZHILYOVA’s sole discretion) an unreasonable or disproportionately large load on ZHILYOVA’s infrastructure;
• Attempt to gain unauthorized access to ZHILYOVA’s computer network or user accounts;
• Encourage conduct that would constitute a criminal offense or give rise to civil liability;
• Attempt to damage, disable, overburden, or impair ZHILYOVA servers or networks;
• Violate applicable third-party terms;
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Use racially, ethnically, or otherwise offensive language;
• Discuss or incite illegal activity;
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• Post anything that exploits children or minors or that depicts cruelty to animals;
• Post any copyrighted, trade-secret, proprietary, patented, or trademarked materials without the express permission from the owner of such rights;
• Post any person’s name, likeness, voice, or biographical information without the express permission of such person (or if that person is a minor, from that person’s parent or legal guardian);
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;
• Use any robot, spider, scraper, or other automated means to access the Platform; or
• Alter the opinions, goals, profiles, or comments posted by others on the Platform.

This list of prohibitions provides examples and is not exhaustive. ZHILYOVA reserves the right, at its sole discretion, to (i) terminate your access to your account; (ii) terminate your ability to post to the Platform (or the services); and (iii) refuse, delete, modify, edit, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that ZHILYOVA determines is inappropriate or disruptive to the Platform or to any other user of the Platform and/or services. ZHILYOVA may report to law enforcement authorities any actions that may be, or ZHILYOVA reasonably suspects to be, illegal, as well as any reports it receives of such conduct. When legally required, or at ZHILYOVA's discretion, ZHILYOVA will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or the Internet.

ZHILYOVA assumes no responsibility and accepts no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, ZHILYOVA serves solely as a forum and is not responsible for any statements, representations, or Submissions provided by its users in any public forum or personal homepage.

These prohibitions do not obligate ZHILYOVA to monitor, police, or remove any Submissions or other information submitted by you or any other user.

ZHILYOVA prohibits crawling, scraping, caching, or otherwise accessing any content on the Platform via automated means, including, but not limited to, user profiles and photos (except as may result from standard search engine protocols or technologies used by a search engine with ZHILYOVA's express consent).

ZHILYOVA's policy is to not accept or consider content, information, ideas, suggestions, or other materials unless we have specifically requested them and certain specific terms, conditions, and requirements apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are independently developing. Accordingly, ZHILYOVA does not accept unsolicited materials or ideas and assumes no responsibility for any materials or ideas so transmitted. If, despite this policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that ZHILYOVA is free to use any such content, information, ideas, suggestions, or other materials for any purpose, including, without limitation, developing and marketing products and services, without any liability or payment to you.

Any Content available or posted on the Platform may be modified or discontinued at any time, without prior notice or obligation to you. Additionally, ZHILYOVA reserves the right, at its sole discretion, to impose fees for the use, purchase, or access to any products, services, or Content offered through the Platform, at any time and from time to time.

You agree to defend, indemnify, and hold harmless ZHILYOVA, its affiliates, and their respective directors, officers, employees, and agents from any losses, liabilities, claims, and expenses (including attorney’s fees) arising out of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property, publicity, confidentiality, property, or privacy rights; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, but not limited to, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. This means you will be liable for any loss or damage we incur as a result of your breach of these Terms.

The Platform may include links to websites, widgets, Marks, or other resources owned, controlled, operated, or otherwise provided by third parties other than ZHILYOVA or its affiliates (collectively referred to as “Third-Party Sites”). These links are provided solely for your convenience. ZHILYOVA does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by such third parties. The inclusion of links to Third-Party Sites on the Platform does not signify ZHILYOVA’s endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or any individual or entity. If you choose to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk and may be subject to the terms and conditions and privacy policies imposed by those third parties.

You may link to our Sites, provided that you do not establish a link in such a way as to suggest any form of association, approval, or endorsement by us where none exists. The website from which you are linking must comply fully with all applicable laws.

AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO ZHILYOVA THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.

EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF SALE (AS DEFINED BELOW), THE SITE, APPS, SUBMISSIONS, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE PLATFORM OR STORES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZHILYOVA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND ANY IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, ZHILYOVA DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT, OR ANY PRODUCTS, SERVICES, OR OTHER INFORMATION ACCESSIBLE VIA THE PLATFORM IS SECURE, ACCURATE, COMPLETE, OR CURRENT, NOR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY SPECIFIC STORE. ZHILYOVA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR PLATFORM OR DOWNLOADING ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. THEREFORE, ZHILYOVA RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZHILYOVA RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR ANY REASON AFTER AN ORDER IS ACCEPTED, ZHILYOVA MAY TERMINATE THE ORDER BY PROVIDING YOU WITH WRITTEN NOTICE. IN SUCH A CASE, ZHILYOVA WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT TOWARDS FUTURE PURCHASES.

Minor variations in color and other differences in products may occur due to differences in image acquisition, display technologies, or other technical reasons. ZHILYOVA is not liable for these variations and deviations.

Nothing in these Terms shall affect your legal rights under applicable consumer laws.

TO THE EXTENT PERMITTED BY LAW, ZHILYOVA AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES RELATED TO ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE OR APPS OR ANY ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY ZHILYOVA’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE, OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITY OR DAMAGES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUSPECTED, AND YOU HEREBY EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, OR TERRITORY, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

You agree that any claim arising out of or related to your relationship with ZHILYOVA must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

All litigation, court proceedings, arbitration sessions, mediation efforts, lawsuits, hearings, or other legal actions initiated in connection with the Platform and/or the Content must take place exclusively in San Francisco, California. These Terms, along with the relationship between you and ZHILYOVA, will be governed by the laws of the State of California and the applicable federal laws of the United States, without giving effect to any principles of conflict of laws from any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any transactions contemplated by them.

If any provision of these Terms is deemed invalid, illegal, or unenforceable under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not impact the validity or enforceability of any other provisions in other jurisdictions. These Terms will be reformed, construed, and enforced in such jurisdiction as if the invalid, illegal, or unenforceable provision had never been included. The headings or titles used herein are for convenience only and have no legal effect.

You agree that it is the express wish of both you and ZHILYOVA that the official language of these Terms, along with all communications, agreements, and any proceedings related to these Terms and/or your use of the Platform, shall be conducted exclusively in English. Both ZHILYOVA and you waive any rights under any law that would require these Terms to be provided in another language. Any translation of these Terms is provided solely for convenience.

You agree that these Terms, the Privacy Policy, or any use of the Platform do not create a joint venture, partnership, employment, or agency relationship between you and ZHILYOVA. ZHILYOVA's fulfillment of these Terms is subject to existing laws and legal processes. Nothing in these Terms or the Privacy Policy limits ZHILYOVA's right to comply with law enforcement requests or requirements related to your use of the Platform or information provided to or collected by ZHILYOVA in connection with such use.

These Terms, including all terms and conditions incorporated by reference, constitute the entire agreement between you and ZHILYOVA regarding the Platform, Sites, and the Services provided by ZHILYOVA, including the sale of products. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ZHILYOVA concerning the Platform.

If you have any concerns about material appearing on the Platform, please contact us by emailing TERMSOFUSE@ZHILYOVA.COM or by writing to:

ZHILYOVA

Attn: Legal – Terms of Use

541 Jefferson Ave

Suite 100

Redwood City, CA 94063

USA

1. PLACING AN ORDER: The contract for an Order made on the Platform is established through the following steps: a) you place an Order, b) we acknowledge and accept the Order, and c) we send you a shipping confirmation. To place an Order, you will need to provide your name, address, email, phone number, and a valid Payment Method (defined below) on the “Order Summary” page. Please carefully review all Product details, including size, color, price, and any applicable shipping costs, delivery fees, or taxes, as well as these Terms of Sale. By completing the Order, you accept these Terms of Sale and your obligation to pay the total price. We will confirm receipt of your Order by displaying an order confirmation number and/or sending an email to the email address you provided. If your Order is accepted, we will send an email confirming acceptance. When your Product is shipped from our warehouse, we will send an email with shipping confirmation. Alternatively, if you selected “Buy Online, Pick Up in Store,” we will notify you via email when your Product is available for pickup at the selected Store. If any Product in your Order becomes unavailable, you will be refunded any respective amount(s) paid via the original Payment Method.

2. RESTRICTIONS ON PLACING ORDERS: Products are available for sale only to end consumers who are of legal age of majority in their place of residence (typically 18 years of age or older). We reserve the right to reject Orders placed by consumers under 18 years of age or by individuals other than end consumers. We supply Products solely for domestic and private use. You agree not to purchase any Product for commercial resale. WE ARE NOT LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

3. AVAILABILITY: All Products are subject to availability. Some Products offered on our Platform may not be available in Stores, and vice versa. We will notify you via email as soon as possible if a Product in your Order is not available. We make no guarantees that any Products displayed on our Platforms will be available at any specific time or location.

4. COLORS, DETAILS, AND PACKAGING: Product colors, details (e.g., logo placement), and packaging may differ slightly from what is shown in Platform images. Platform images are for illustrative purposes only. While we make every effort to display colors and logo placement accurately, we cannot guarantee how these will appear on your device. Additionally, logo placement may vary depending on the production lot and timing and may therefore differ from the Platform images.

5. PAYMENT METHODS: Acceptable payment methods (each, a “Payment Method”) may vary between Stores and the Platform and will be displayed on the “Order Summary” page. Payment Methods include, but are not limited to, Visa, MasterCard, American Express, Visa Debit, JCB Discover, Paypal, Klarna, Afterpay, and the ZHILYOVA gift card (“Gift Card”). We will not charge your Payment Method until we dispatch your Order. We take every reasonable precaution to ensure that your Order and subsequent transactions are conducted via a secure link. To protect against fraudulent use of Payment Methods, we conduct security checks on all Orders. These checks may include contacting you by phone before processing your Order. We also engage the services of various credit rating and fraud prevention companies and may share details of your Order with them solely for the purpose of detecting and preventing fraudulent use of Payment Methods. Such information will be shared and processed in accordance with our Privacy Policy. Certain Payment Methods, such as Klarna or Afterpay, may have additional requirements for use and approvals by third parties. When placing an Order using these methods, please review any additional terms and available documentation.

6. DELIVERY: For Orders shipped directly to you, your Order will be fulfilled by the estimated delivery date indicated in the shipping confirmation, unless an Event Outside Our Control occurs (defined below). If such an event prevents us from meeting the estimated delivery date, we will contact you with a revised estimate. Delivery is completed when the Product is delivered to the address provided in your Order, at which point the Products become your responsibility. Ownership of the Products transfers to you once we have received full payment, including any delivery charges. Certain regions may require a “Delivery Fee” for items shipped to addresses in that region. If a Delivery Fee applies to your designated shipping address, the amount will be noted and included on the Order Summary page. DELIVERY FEES AND ANY EXPEDITED SHIPPING FEES, IF SELECTED, ARE NON-REFUNDABLE. Further details regarding shipping timing and policies are available in our Shipping Policy at https://zhilyova.com/pages/faq.

7. BUY ONLINE, PICK UP IN STORE: Some Products on the Platform may be available for pickup at select Stores (this Order method is referred to as “Buy Online, Pick Up in Store”). This option is not available in all Stores and may be temporarily disabled at times. When placing an Order through Buy Online, Pick Up in Store, we will notify you via email when your Order is ready for pickup. Your Order will be held at the selected Store until the close of Store hours on the same day. Orders that are not picked up will be canceled and refunded. Only you or your designated contact may pick up the Order, and an order confirmation number along with photo ID will be required for verification. For more information on Buy Online, Pick Up in Store, please refer to our frequently asked questions at https://zhilyova.com/pages/faq.

8. OUR RIGHT TO REJECT OR CANCEL AN ORDER: We reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, either wholly or partially, at any time, and without notice or liability for any damages or costs other than refunding any amount received from such Order. This may occur in certain situations, including, but not limited to:

• If your Order exceeds Product purchase limits in quantity or dollar amount;
• If your purchase history, Membership history, or related accounts show a high volume of exchanges or returns, or suspicious volume of purchases;
• If we believe that you ordered or purchased Products (whether in single or cumulative transactions) for resale, tax evasion, or other fraudulent purposes;
• If the delivery address you provide is linked to a freight forwarding entity or flagged by our systems as potentially connected to fraudulent or suspect activities;
• If our security systems flag your Order or account details as unusual or susceptible to fraud, discount abuse, or misuse, including fraud related to credit card payments;
• If the Product you seek to purchase is unavailable, out of stock, incorrectly priced, or otherwise incorrectly described;
• If there was an error in the pricing, description, or other details related to the Order;
• If we are unable to obtain payment authorization;
• If your address, payment method, or billing information is unverifiable or incorrect;
• If shipping restrictions apply to a Product in your Order;
• If we believe you are ineligible to make purchases, use a discount program code, or are unauthorized to apply a discount or promotion code to your purchase;
• If we are unable to deliver to the address provided;
• If you are involved in an ongoing legal dispute with ZHILYOVA;
• If you have previously breached the terms and conditions of the Terms of Use, including these Terms of Sale; or
• Due to an Event Outside Our Control (defined below).

9. LIMITED GUARANTEE: Our Quality Promise is a limited guarantee that the Product you purchase will perform as intended and as described in the “Why We Made This” section found on the hang tag or Product description page on the Platform. This guarantee is limited to one (1) year from the date of purchase, and proof of purchase is required. This guarantee does not cover Products affected by normal wear and tear, personal preferences, misuse, or accidents. For Products where the Quality Promise does not apply, please refer to our Return Policy (outlined below). Visit our Quality Promise page for additional details.

10. RETURNS AND REFUND POLICY: Unless otherwise stated (such as during the holiday season), you have thirty (30) days from the date of purchase in a Store or, if delivered, from the date you receive your Order to return the Product to us. You are legally required to take reasonable care of the Products while they are in your possession. All returned Products must be unworn, unwashed, and have the hang tags still attached, along with proof of purchase at the time of return. If you cannot provide proof of purchase, we may ask for additional information, such as a photo ID, for verification purposes. All Products are subject to inspection upon return. You will receive a full refund of the price paid for the Product, less any applicable expedited shipping charges or Delivery Fee, which are non-refundable. ZHILYOVA will process the refund as soon as possible and, in any case, within thirty (30) calendar days from the date you notify us of the return. If the Products were delivered to you, you must return them as soon as reasonably practicable. Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us. Products may also be returned to any of our Stores, excluding outlet locations. However, if the Product is returned to a Store where the local currency differs from the original currency of the Order, the refund will be issued in the Store’s local currency. Refunds will be issued via the Payment Method used in your Order or on a ZHILYOVA Gift Card.

Without prejudice to any Consumer Rights, Products excluded from our Returns and Refund Policy include underwear, headwear, Products from the “We Made Too Much” section, and Gift Cards.

For more information on how to return an item and for further details, please see our Return Policy, including the Frequently Asked Questions at https://zhilyova.com/pages/faq.

11. DISCOUNT AND LOYALTY PROGRAMS: We may offer certain discount and loyalty programs for qualifying individuals. These programs are subject to change and may have additional terms and conditions, including but not limited to the Membership Terms and other potential terms.

Unless otherwise stated in a separate discount or loyalty program agreement: (i) ZHILYOVA may restrict the Payment Methods used in conjunction with an applicable discount (for example, a specific debit or credit card may be required); and (ii) you may not purchase products using your applied discount with the intention of commercial resale. ZHILYOVA reserves, and you acknowledge and agree that ZHILYOVA has, the absolute right to deny the use of any discount or to refuse Orders for any individual suspected of reselling or Orders that show characteristics of reselling.

12. EVENTS OUTSIDE OUR CONTROL: ZHILYOVA is not liable or responsible for any failure to perform or delays in the performance of any of its obligations under any contract caused by events beyond our reasonable control (“Events Outside Our Control”). An Event Outside Our Control includes any act, event, non-occurrence, omission, or accident beyond our reasonable control, and includes, but is not limited to: (a) strikes, lockouts, or other industrial actions; (b) civil disturbances, riots, invasions, terrorist attacks or threats, war (whether declared or not), or preparations for war; (c) fire, explosions, storms, floods, earthquakes, subsidence, or other natural disasters; (d) the impossibility of using railways, shipping, aircraft, motor transport, or other public or private means of transportation; (e) the impossibility of using public or private telecommunications networks; (f) acts, decrees, legislation, regulations, or restrictions of any government; and (g) pandemics or epidemics. ZHILYOVA’s performance under any contract is considered suspended for the duration of the Event Outside Our Control, and we will have an extension of time for performance for the length of that period. We will use reasonable efforts to bring the Event Outside Our Control to an end or to find a solution that allows us to fulfill our obligations under the contract despite the Event Outside Our Control.

13. DISPUTES AND LIMITATION OF LIABILITY: In addition to Section 14 (Limitation of Liability) of the General Terms of Use incorporated herein, these Terms encompass the entire scope of our AGREEMENT AND UNDERSTANDING REGARDING ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, AND ACCESS TO OR USE OF ZHILYOVA STORES AND THE PLATFORM. TO THE EXTENT PERMITTED BY LAW, the maximum aggregate liability of either party to the other for all claims under these terms for any Order or claims arising from or related to these terms, whether in contract, warranty, tort (including negligence), strict liability, statute, or otherwise, IS LIMITED TO THE AMOUNT PAID TO ZHILYOVA FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION. In no event shall the maximum aggregate liability exceed one hundred percent (100%) of the price paid for the Product(s) in your Order. Nothing in these Terms of Sale limits or excludes our liability for any liability that cannot be limited or excluded by law. IF THESE LIMITATIONS ARE FOUND INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF ZHILYOVA TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR A MAXIMUM AMOUNT OF USD $100.00. Some of the above exclusions and limitations do not apply in certain jurisdictions in the United States under applicable consumer protection laws.

Any dispute relating in any way to these Terms of Sale and purchases from the Stores or the Platform, and the use thereof, will be resolved according to Section 15 “Arbitration” in the General Terms of Use. THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE ZHILYOVA TERMS OF USE FOR FURTHER INFORMATION.

14. THIRD-PARTY RIGHTS: This contract is between ZHILYOVA and you. No other person shall have any right to enforce any terms contained herein.

15. WAIVER: If either party fails to insist that the other performs any of its obligations under these Terms of Sale, or if either party does not enforce its rights against the other, or delays in doing so, such failure to insist or enforce will not mean that the concerned party has waived its rights against the other, nor that the other party does not have to comply with those obligations. If either party waives a default by the other, it will only do so in writing, and such waiver will not mean that the party will automatically waive any later default.

16. MISCELLANEOUS: If any provision of these Terms of Sale is found to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any other provisions in other jurisdictions, and these Terms of Sale will be reformed, construed, and enforced in such jurisdiction as if such provision had never been included. The headings or titles herein are for convenience only. ZHILYOVA's performance of these Terms of Sale is subject to existing laws and legal processes, and nothing contained in these Terms of Sale, the Privacy Policy, Cookie Policy, or Terms of Use derogates ZHILYOVA’s right to comply with law enforcement requests or requirements related to your use of the Platform or information provided to or gathered by ZHILYOVA with respect to such use.

17. LANGUAGE: English will be the exclusive official language of these Terms of Sale and any communications, agreements, and proceedings between us. Both parties waive any rights we may have under any other law to have the Terms of Sale written in another language. Any translation of these Terms of Sale is provided solely for convenience.

18. ENTIRE AGREEMENT: These Terms of Sale, along with the Terms of Use, Privacy Policy, and Cookie Policy, as applicable, constitute the entire agreement between you and ZHILYOVA, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the Platform.

19. REVISIONS TO THESE TERMS OF SALE: We may revise these Terms of Sale from time to time. Every time you place an Order, the Terms of Sale in effect at that time will apply to your Order. Whenever we revise these Terms of Sale, we will notify you of any material changes and indicate the most recent update date at the top of the Terms page.

20. GOVERNING LAW AND JURISDICTION: These Terms of Sale shall be governed by, construed, and enforced in accordance with the laws of the State of California and any applicable local laws, without regard to any conflict of law provisions.

Gift Cards can be purchased at ZHILYOVA Stores, on our website, and through select authorized retailers, and are available in the following denominations:

Physical Gift Cards bought in-store are available in amounts ranging from $100 to $1,000.

Gift Cards purchased Online (both physical and eGift Cards) can be selected in increments of $100, or $250, $500 or $1,000.

Gift Cards do not hold any value until they are activated. ZHILYOVA reserves the right to postpone or delay the activation of a Gift Card until the payment has been successfully processed.

It is your responsibility to obtain a receipt for any Gift Card purchases and to ensure that the card number on the receipt corresponds to the card number printed on the Gift Card.

Gift Cards are valid only if purchased directly from ZHILYOVA Stores, through our website, or from an authorized third-party seller. A Gift Card purchased from unauthorized sellers or resellers, including online auction sites, is not valid, and we are not liable for any issues that arise from such purchases.

Limitations:

• ZHILYOVA’s policies limit the maximum value of each Gift Card to $1,000, and ZHILYOVA uses commercially reasonable efforts to limit the total amount of Gift Cards purchased to $5,000 per day (within a 24-hour period), per individual across Stores and Online.
• Third-party gift cards (e.g., mall gift cards) may not be used to purchase a ZHILYOVA Gift Card.
• Your ZHILYOVA Gift Card balance cannot be used to buy other Gift Cards.
• Gift Cards cannot be purchased using promotional offers or discounts.
• A Gift Card is not a credit, debit, or charge card. No implied warranties attach to purchased Gift Cards.
• Gift Cards cannot be returned, resold, used for payment outside of ZHILYOVA Stores or Online, used for unauthorized advertising, marketing, sweepstakes, or promotional or commercial purposes, redeemed for more than face value, transferred for value, redeemed for cash, returned for a cash refund (except where required by law), or used in any manner otherwise prohibited by ZHILYOVA. No portion of your Gift Card balance may be transferred to another person, ZHILYOVA Wallet, or ZHILYOVA account, or applied to any other account, except as required by law.
• If purchased Online, ZHILYOVA will not be liable for any failure or delay in delivery. It is your responsibility to provide the correct address or email address, as applicable. ZHILYOVA is not responsible for Gift Cards that are undeliverable or not received due to inaccurate delivery information.
• ZHILYOVA is not liable for Gift Cards purchased or sold through websites that facilitate the aftermarket sales of pre-owned merchandise (e.g., Facebook, eBay, Craigslist). Gift Cards obtained or purchased from non-ZHILYOVA sources may be invalid or have a lower redeemable balance or value than represented by the unauthorized vendor. ZHILYOVA is not obligated to honor invalid Gift Cards or balances or values that have been misrepresented or are incorrect.

Gift Cards can be redeemed only at ZHILYOVA Stores and Online. They cannot be used at other retailers (such as shop-in-shops), including locations like Harrods or Brown Thomas, or with franchises or wholesale partners (e.g., fitness studios).

If you purchase a Gift Card from an authorized third-party retailer, redemption may be restricted to Stores and the Site within the country where it was purchased. It is your responsibility to check any additional terms and conditions at the time of purchase.

When you use a Gift Card to make a purchase, the available balance on the card is reduced by the amount of that purchase, and each subsequent purchase will continue to deduct from the remaining balance. Using your Gift Card for a transaction constitutes a demand for and withdrawal of funds from the available balance on your Gift Card. The balance will remain on the Gift Card until it is fully depleted. You must have enough funds on the Gift Card to cover the entire purchase or otherwise pay the difference between the available balance and the purchase amount using another accepted Payment Method.

You do not have the authority to stop a transaction once it has been initiated with your Gift Card, and you are responsible for any such transactions. ZHILYOVA reserves the right to refuse a Gift Card or limit its usage if ZHILYOVA believes that the use is unauthorized, fraudulent, or otherwise illegal.

Restrictions:

• No more than five (5) Gift Cards can be redeemed in a single transaction.
• Gift Cards cannot be used in Store or Online in conjunction with certain discount programs
• Gift Cards cannot be transferred to another account after the claim code has been redeemed.
• Gift Cards cannot be used as payment for orders placed for commercial purposes (such as sourcing inventory online). You are not allowed to use Gift Cards to fulfill sales or fund purchases with the intent of reselling or exporting the goods or services.

In accordance with the Returns Policy, all returns for purchases made with a ZHILYOVA Gift Card will be refunded by crediting the amount back to a Gift Card or issuing a new Gift Card for the value originally applied to the returned item. If multiple Payment Methods were used for the purchase, the portion paid with a ZHILYOVA Gift Card will be refunded accordingly.

The risk of loss and ownership of Gift Cards transfers to the purchaser at the time of sale, upon ZHILYOVA’s electronic transmission of the Gift Card to the purchaser or designated recipient, or when ZHILYOVA delivers it to the carrier, depending on which occurs first.

You are responsible for safeguarding your Gift Card from unauthorized use. ZHILYOVA is not liable if a Gift Card is lost, stolen, destroyed, or used without your permission. ZHILYOVA will not replace or replenish Gift Cards that are lost, stolen, or used without authorization.

If you create a ZHILYOVA account, you may add Gift Cards to your account balance ("Account Balance"). ZHILYOVA is not responsible if your Account Balance is used without your permission.

Be cautious of gift card scams. Do not share your Gift Card number and PIN unless you are purchasing an item from ZHILYOVA Stores or Online. You can report potential scams to local law enforcement and the FTC (reportfraud.ftc.gov). Many gift card scams involve requests for payment via a gift card. Visit FTC.gov/giftcards to learn more about gift card scams. ZHILYOVA is not responsible for, and assumes no liability related to, any unlawful conduct or fraud by third parties associated with any gift card.

Gift Cards expire after one year from issuance and do not incur any fees.

By using a Gift Card, you agree to comply with our Terms and not use a Gift Card in a way that could be harmful to ZHILYOVA, its affiliates, or its customers. If you engage in prohibited activities that violate our Terms, company policies, or that, in our sole discretion, disrupt or harm our customers, reputation, goodwill, business, or operations, we may take action against you, including imposing restrictions on Gift Cards, Gift Card balances, services, accounts, Orders, and purchases.

We reserve the right, without prior notice and at our sole discretion, to (i) prohibit you from purchasing, claiming, redeeming, or reloading Gift Cards; (ii) void, limit, modify, deactivate, suspend, or refuse to accept Gift Cards (including as part of your Online balance) without providing a refund; (iii) cancel or limit Orders and fulfillment (including Orders related to Gift Cards and balances used for purchases); or (iv) close or suspend accounts and access to our services. This may occur under circumstances such as, but not limited to: (a) if a Gift Card was obtained, used, or applied to an Online account or used as payment in a fraudulent, illegal, or otherwise prohibited manner; (b) if the Gift Card balance uploaded or applied to an Online account exceeds a legal or regulatory limit; (c) if we encounter an issue with the on-file payment (e.g., insufficient funds) and/or need to verify payment information; and/or (d) if a change in law imposes new legal requirements.

Your use of a Gift Card certifies and represents to ZHILYOVA that the activities for which the Gift Card will be used will comply with the Terms and all applicable laws, rules, and regulations, and that the Gift Card will not be used in a manner that is misleading, deceptive, unfair, or otherwise harmful to customers. Additionally, you agree to defend and indemnify ZHILYOVA, its subsidiaries, and affiliates from and against any claims, expenses, or liabilities arising from or related to your use of a Gift Card or violation of the Terms. You also agree to release ZHILYOVA from any claims, expenses, or liabilities you may have incurred in connection with your use of the Gift Card or violation of any of the Terms.

Gift Cards may be given as personal or business gifts but cannot be used in connection with any marketing, advertising, or other promotional activities (including, but not limited to, websites, Internet advertisements, email campaigns, telemarketing, direct mail, newspaper and magazine ads, and radio and television broadcasts).

It is strictly prohibited to use ZHILYOVA’s name, logo, trade dress (including any image/likeness of the Gift Cards), or other intellectual property, including, without limitation, trademarks and copyrights, in connection with Gift Cards in any way that suggests or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, ZHILYOVA or any of its subsidiaries or affiliates.

ZHILYOVA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD CODE IS FOUND TO BE NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR ONLY LIABILITY WILL BE THE REPLACEMENT OF SUCH GIFT CARD. SOME LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.

Any dispute related in any way to Gift Cards, and their use, will be resolved according to Section 15 “Arbitration” in the General Terms of Use.

PLEASE NOTE THAT THIS SECTION MAY LIMIT CERTAIN RIGHTS. REVIEW THE ZHILYOVA TERMS OF USE FOR FURTHER DETAILS

i. Governing Law

When you purchase, receive, or redeem a Gift Card, you agree that the laws of the State of California and the federal laws of the United States, without regard to conflict of law principles, will govern these Gift Card Terms.

ii. Third-Party Gift Card Providers

ZHILYOVA uses Shopify to issue, manage, and deliver virtual Gift Cards to you. ZHILYOVA reserves the right to terminate or modify its relationships with this, or any, provider without prior notice. Unlicensed vendors are prohibited from reselling Gift Cards, and any unlawful resale or attempted resale may result in the seizure and cancellation of the Gift Card without compensation.
For more on gift cards, including their use and limits, please visit Shopify’s terms and conditions related to gift cards, including Exhibit’s A and B on parameters and limits.

iii. Corporate Program Gift Cards

Bulk Gift Card purchases for businesses can be made through the Corporate Gift Card Program. Bulk purchases for consumers are not accepted. Corporate customers wishing to purchase Gift Cards exceeding the $5,000 daily aggregate limit available Online or in-Store can do so by emailing CARE@ZHILYOVA.COM.