Terms of use

The agreement defines the terms of use of the VivaViktoriya.store Site. All services (hereinafter referred to as the “Services”) provided by the Intermediary in the United States are described on the Site and are described in this Agreement as the “Services“. As a condition of your use of this Site, you represent and warrant to the Intermediary that you will not use the Site and/or materials published on the Site or Services in activities that are illegal (according to the laws of the United States and the country of the recipient of the Order), immoral, or prohibited by the terms of the Agreement.

By registering on the site, you confirm that you are at least 18 years old at the time of registration and enter into an agreement with an intermediary in the United States on the terms set out below.

By registering on the site, you accept all the terms and conditions of the agreement.

1. SUBJECT OF THE AGREEMENT

The Intermediary undertakes, on behalf of the Customer, to provide the following services in the USA:
All goods and services are paid for by the Customer.

- purchase goods (hereinafter referred to as the “Products”) from stores and auctions in the USA, England and Canada, intended for the Customer personally or for further resale under the terms of this Agreement;

- receive and store Goods purchased on behalf of the Customer;

- send goods from the USA purchased on behalf of the Customer (hereinafter referred to as the “Order”) through the US Postal Service or other courier services. The method of sending goods from the USA is determined by the Customer.

- The intermediary provides services for a fee (hereinafter referred to as “Our percentage” or “Commission”).
The cost of services depends on the nature of the Order and is announced to the Customer before making payment.
The Customer can see the approximate cost of the Intermediary Services on the Website in the “Cost” section.

- The Customer allows the Intermediary to receive, store and process his personal data.

- This Agreement comes into force at the time the Customer registers on the Site and/or the Customer places an Order.

- The Intermediary has the right to unilaterally make changes to this Agreement; in this regard, the Customer undertakes to familiarize himself with the terms of the Agreement each time he places a new Order.

2. RIGHTS AND OBLIGATIONS OF THE PARTICIPANTS TO THE AGREEMENT

RIGHTS AND OBLIGATIONS OF THE INTERMEDIATE

- The Intermediary undertakes to fulfill Orders and perform all Services described on the Site on time and at a pre-agreed cost.
- Timely provide the Customer with information about the execution of Orders, sending parcels/cargo and the execution of other Services.
- The Intermediary reserves the right to refuse the Customer the purchase of any Goods or the provision of any Services on an individual basis and without giving reasons.
- The Intermediary undertakes not to disclose personal information about the Customer and information about his Orders, except in cases where it is necessary to place an Order in stores, fill out customs documents, invoices and/or by decision of a US court.
- The Intermediary has the right not to place an order in the store until FULL payment for the Order is received.
- The Intermediary does not have the right to write off funds from the Customer’s account even if there is a positive balance in the customer’s account on the Site. The Customer must independently pay on the Site, in his account, for the Order or for sending the Order from the USA.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER

- The Customer undertakes to promptly pay for the Order, including the cost of the Goods, the cost of their delivery to the Intermediary’s warehouse, US taxes (if any),
as well as: duties, customs duties and other expenses arising in connection with the provision of Intermediary Services,
as well as: Intermediary commission and cost of delivery of goods from the USA,
and also: delivery of goods to the USA to the Intermediary; in case of returning the Product - delivery to the store, if the store does not provide free delivery for returned goods,
and also: re-shipment of the Goods from the USA in case of exchange of the Goods in the store.
- The Customer undertakes to provide all necessary information to place the Order and provide the Services.
Until complete information is received, the Intermediary cannot complete the Order or ship the Product from the USA.

- The Customer is obliged to retain all documents regarding payment for the Goods, Services and dispatch of the Goods from the USA until the receipt of the Order.

- The Customer undertakes not to order Products prohibited for import into the country of delivery of the parcel and not to order Products prohibited for use by the legislation of the country where the parcel will be received by mail or through a courier.

- The Customer is responsible for the compliance of the Goods with the conditions of the postal or courier service, as well as the customs legislation of the country of delivery of the Goods.

- The Customer is obliged to check all Internet links in the Order before submitting the Order to the Reseller in the USA.

3. PROCEDURE FOR REGISTRATION AND PROVISION OF SERVICES.

Payment for Orders, Services and Shipmentski of the Product (Replenishment of the Customer’s Personal Account Balance)

- Adding funds to the Customer’s personal account is possible by all methods indicated on the “Payment Methods” page of the Site.
- The Customer pays all fees and/or interest from all banks and/or payment systems involved in the transfer of funds to the Intermediary’s account (your personal account on the Site).

- In cases where the actual price of the Product has increased after the Intermediary has calculated the Order and/or paid for the Order on the Site by the Customer, the Intermediary sends a message to the email address in the Customer’s account to confirm or cancel the Product in the Order.
In such cases, the Order is not executed by the Intermediary until confirmation is received from the Customer.

PLACING AN ORDER TO AN INTERMEDIARY

- The Customer is obliged to pay for sending the Order from the USA within 30 days from the date of receipt of the Order from the store to the Intermediary’s warehouse. If the Customer plans, the Co-Executor has the right to unilaterally withdraw from the Customer’s User Account the amount necessary to cover the costs incurred when purchasing the product specified by the Customer in the amount of no more than 20% of the cost of the product (each product in the group) and no more than $20 in absolute expression. If there are not enough funds to fully pay for the goods on the Customer's User Account, the goods can be purchased with the formation of a debt on the account, which must be repaid within 10 days. If this debt is not repaid by the Client, interest is charged on the debt amount in the amount of 1.5%/day.

- When specifying colors and/or sizes of clothing, shoes, furniture, etc. the customer must indicate these data as they are stated on the website - in English. Otherwise, the Intermediary may not fulfill the Order until the situation is clarified.

- To participate in bidding on an Ebay online auction in the USA, England or Canada, the Customer must have at least 50% of the expected amount on the balance sheet in his account on the Site. Items on the eBay auction are not redeemed until full payment for the Items has been made.

- If all or some of the Products are sold out by the store at the time the Order is completed, the Intermediary notifies the Customer by email and removes the Product from the Order. Money for the Product not included in the Order goes to the Customer’s balance and can be used in any way (new Order, payment for delivery from the USA, return).

- If the store or seller does not send the Product or the Product is delivered to the Intermediary’s warehouse with damage or the package is missing at the Intermediary’s warehouse in the USA, the Intermediary undertakes to conduct an investigation and do everything necessary to return the money for the Product or receive the Product corresponding to the description on the store’s website. In the cases described above, the Intermediary cannot guarantee a refund and does not compensate for the Customer’s losses. The store is chosen by the Customer and the Intermediary is not responsible for any actions of the store.

- In case of refusal, for any reason, from the Order completed by the Intermediary (the Order was paid for in the store, delivered or delivered to the Intermediary’s warehouse in the USA), Commissions are not returned. The Customer undertakes to pay the cost of return delivery of the Product to the store, if it is not provided by the store/seller free of charge. Returns to an eBay/Amazon/Etsy store or seller are made in cases provided for on the basis of the rules for returning goods stated on the store or seller's website. If return rules are provided for the Product purchased by the Customer, then the return is made in accordance with these rules.

RECEIPT OF GOODS TO THE INTERMEDIARY WAREHOUSE IN THE USA, STORAGE AND CHECKING OF GOODS

- The Intermediary undertakes to accept all Products from the Order into a warehouse in the USA.
Goods in the warehouse are stored free of charge for 30 days from the date of receipt of the last Goods at the warehouse.
- The parcel, packed and ready for shipment, is stored in the Intermediary’s warehouse free of charge for 7 days, after this period at $3.00 / cubic meter. per day. The Intermediary packs and prepares the parcel/cargo for shipment only upon the order of the Customer.
- The Intermediary undertakes to pack the Goods received at the warehouse in accordance with the Customer’s requirements and the method chosen by the Customer for sending the parcel/cargo from the USA.
The Intermediary cannot change the method of sending the Order from the USA without the consent of the Customer.

- The Intermediary is legally responsible for sending parcels/cargo from the USA, and has the right to refuse to fulfill the Order if the Product in the Order does not meet export/import requirements or is contrary to US laws.

DELIVERY OF GOODS FROM THE USA

- Delivery of parcels/cargo from the USA is carried out depending on the weight, nature of the Order and country of receipt, in various ways and at the rates indicated on the “Delivery Calculator” page of the Site.
- The Customer independently chooses the delivery method and service offered by the Intermediary.
- The intermediary sends parcels/cargo from the USA both by US state mail and cargo for large cargo with delivery to the airport/port or with customs clearance at the customer's address "all inclusive" (for customers from Russia, Ukraine and Kazakhstan, for whom it is available this service).

- Payment beforeThe rates for a completed Order from the USA are made separately after the Goods are packaged and weighed. The goods are packaged in a parcel/pallet at the request of the Customer and within 48 hours after payment the Intermediary transfers the parcel(s) to the US Post Office or courier delivery service. Large cargo is sent within a week after payment for delivery by the customer.

- The Intermediary is required to fill out a customs declaration for the package(s) sent to the Customer from the USA.

- All Intermediary Services are considered fully provided immediately upon delivery of the Customer's goods to the US Postal Service or courier company, unless the Customer has purchased insurance for the package.

- The intermediary is not responsible for the actions of the US Postal Service, courier services and transport companies, as well as the mail of the country of delivery. The intermediary cannot influence the speed of delivery of the parcel to the Customer. Delivery times for parcels on the Site are averaged and depend on the type of parcels and the workload of both postal services and customs of the recipient country.

- The intermediary determines independently when to submit an application to search for a parcel through the US Postal Service or courier. In insured events (damage, shortage or complete loss of the parcel), the Intermediary submits an application for insurance payment to the appropriate service. In case of payment of the insured amount, the Intermediary credits funds to the Customer’s account on the Site.
- The Intermediary is not responsible for the delivery time of the Product from the store or from the seller to the Intermediary’s warehouse in the USA.
- The Customer bears full responsibility in the event of providing incorrect or knowingly false information about the Product, payment and delivery address for the Product.

CONDITIONS FOR RETURNING GOODS TO THE STORE

- The Customer has the right to return the Product to the store or to a private seller through an Intermediary in cases specified and specified in the return conditions on the store’s website or by the seller.

- In case of a return, the cost of delivery of the Goods from the Customer to the Intermediary and then to the store is paid by the Customer, except for cases specified in the terms of return on the store’s or seller’s website.
In the case of an exchange, if the Customer pays for the shipment of the Product within the USA and from the USA, except for cases specified in the rules for exchange of goods on the store’s website or by the seller.

- In case of return of the Goods, the Intermediary unilaterally makes a decision on the possibility of returning the Goods to the store or seller, based on the rules of exchange and return of this store or seller. Returns or exchanges of Products are carried out strictly in accordance with the terms and conditions of the store or seller, including, but not limited to, the timing, procedure and amount of refunds.

- If the store or seller refuses to return or exchange the Product, the Intermediary does not compensate the Customer for the cost of the Product, delivery within the USA or from the USA to the Customer.

- Refunds by crediting to the Customer’s account on the Site are carried out after a full or partial return of the cost of the Product by the store or seller.

- Commissions for the Intermediary’s services are not refundable, regardless of the decision of the store or seller to return the Product.

4. LIMITATION OF LIABILITY AND FORCE MAJEURE

- The Intermediary and the Customer are released from any obligations under this Agreement if the inability to fulfill obligations occurred due to force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the parties to the Agreement could not foresee or prevent with reasonable efforts (force majeure). Events of this category are: flood, fire, earthquake, explosion, storm, epidemic and other natural phenomena, as well as war or hostilities, destruction of files on the Site server, etc.

- The Intermediary is not responsible for any expenses or direct or indirect damage that may be caused to the Customer as a result of using the Site and/or using the services of the Intermediary, the inability to use the Services and incurred as a result of operational errors or interruptions in the operation of the Site, deletion of files, changes in functions , defects, delays in data transfer on the server, etc.

- The Intermediary is not responsible for the actions or inactions of services engaged to provide Services to the Customer. Such services include banks, postal and courier services, Internet providers, email services (e-mail clients), payment systems, etc.

- The Intermediary is not responsible for the quality and packaging of the Goods received at the warehouse, and does not provide a guarantee for the Goods purchased on behalf of the Customer in a store or from a seller in the USA, England or Canada by the Intermediary.

- The intermediary does not check the Goods received at a warehouse in the USA for compliance and/or performance and in the event of an error in the configuration of the Order by the store or seller is not responsible for the non-conformity of the Goods. Checking the Product for compliance or performance is a separate service and is performed free of charge upon the written request of the Customer.
If the product check service arrivesIt is possible to involve specialists, in cases with antiques, musical instruments, fur products, etc., the services of specialists are paid by agreement between the Intermediary and the Customer

- The intermediary cannot influence and is not responsible for the timing of receiving or not receiving responses at all from stores or sellers. The intermediary independently decides, based on his own experience in similar situations, when to contact the store or seller.

- The Intermediary checks the eBay seller selected by the Customer and makes his recommendations based on previous order experience. The Intermediary's recommendations are not a guide to action and should not be accepted by the Customer as binding. The final decision on choosing a seller and purchasing at an eBay auction is always made by the Customer, thus releasing the Intermediary from any liability in cases where: the Product was sent with a delay and/or the Product sent did not correspond to the description and/or the Product received was in a non-working condition or the Product was not delivered at all sent and it is not possible to contact the seller.

- The intermediary is not responsible for the data specified in the customs declaration and/or waybill (invoice). All data in the accompanying documents is entered from the words and/or written order of the Customer.

5. CUSTOMS

- The Intermediary is not responsible for the delay of the package(s) at the customs of the United States or the recipient's country and is not responsible for the Customer's obligations to pay customs duties and fees upon receipt of the Goods.
- Payment of all fees for the Goods at the customs of the recipient’s country is the direct responsibility of the Customer and is made by him independently at customs or through a broker, with the exception of cases of sending goods “with customs clearance”, when customs duties are included in the delivery tariff and are paid by the customer before shipment from the USA.

6. DISPUTE RESOLUTION

- In case of disagreements related to complete or partial failure to comply with the terms of this Agreement, the parties resolve them through negotiations via electronic mail (e-mail).

- If it is impossible to resolve disagreements through negotiations, disputes are resolved in court. All disputes and litigation are heard in the court of the State of New York, USA.