Terms & Conditions
Overview
These terms govern the use of houseofzhivago.com ("the Website") also referred to as ZHIVAGO and the interaction and purchase of any goods from it.
By accessing, using, browsing, registering with, contributing to, or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk.
If you do not agree to these terms in their entirety, please do not use this Website. When purchasing goods from the Website, these Terms and Conditions form a contract between the customer (you) and House of Zhivago Pty Ltd ABN 75 150 075 255 and apply to the usage, ordering, purchase, fulfilment, and delivery of goods from the Website.
Please read our Terms and Conditions carefully before placing your Order as they contain important information about the ordering, processing, fulfilment, and delivery of goods, including limitations of liability, returns, exchanges, duties and taxes.
Please be aware that we may amend or update these Terms and Conditions at any time, without providing notice to you.
By continuing to access and use this Website, you will be deemed to have agreed to any and all updates or changes to these terms.
These Terms and Conditions (including where applicable, our Privacy Policy and Returns Policy set out the entire agreement between you and ZHIVAGO regarding this Website and any use of it and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Team and a representative will be happy to assist you.
You can contact our team via email or our Contact page.
1. DEFINITIONS
These definitions refer to these Terms and Conditions.
Business Day - a weekday in which trading banks are open for the transaction of banking business in Western Australia.
Delivery Address - means the address to which the Goods are to be delivered as stated on your Order on the Website.
Courier - means any nominated third-party delivery, shipping company, courier service used by ZHIVAGO.
Delivery Fee - means the fees charged for the delivery of Goods.
Gift Card - means an electronic or PDF gift card issued through this Website, which can be used to purchase goods from the ZHIVAGO Website.
Goods - means the items offered for purchase which are made available on this Website.
GST – Known under Australian law as A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law - means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order - means a purchase of Goods from ZHIVAGO via our Website.
Personal Information - has the meaning as defined under the Privacy Act 1988 (Cth) and as outlined in our Privacy Policy.
Price – amount shown on the shop page. All prices are shown in AU Dollars.
Privacy Policy - means the ZHIVAGO Privacy Policy found on our Website.
Returns Policy - means the ZHIVAGO Returns & Exchanges Policy found on our Website.
Tax - means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
Terms and Conditions - means these Terms and Conditions governing our Website and any activities and transactions occurring via our Website.
We or us or our or ZHIVAGO means House of Zhivago Pty Ltd ABN 75 150 075 255.
Website - means https://www.houseofzhivago.com
you or your means you as the user of this Website, including as a purchaser of any Goods from ZHIVAGO.
SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE ZHIVAGO WEBSITE
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by the Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and ZHIVAGO with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. PLACING ORDERS FOR GOODS
3.1 You may place an Order through the Website via our online store.
3.2 An Order submitted by you in the manner described in clause 3.1 is an offer by you to purchase Goods for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia) plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
3.3 You acknowledge that all Orders through our Website are with respect to Goods intended for non-commercial and personal use only and quantity restrictions may apply.
3.4 When placing an Order, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order.
This information will also be used by the courier to fulfil your Order. ZHIVAGO will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
Without limitation, if you provide inaccurate shipping details in an Order, ZHIVAGO is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to ZHIVAGO. You agree to obtain consent from the recipient of a gift when providing their personal details to ZHIVAGO.
3.5 Please check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law or as stated in our FAQs. However, we will allow you to return Goods in accordance with our Returns Policy, including where payment has been made wholly or partly by Gift Card.
3.6 Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7.
3.7 You will be provided with an Order number upon submission of your Order. This Order number is required when contacting our Customer Service Team, requesting an exchange or return.
3.8 In submitting an Order you represent and warrant to ZHIVAGO that: you have read and agree to these Terms and Conditions; and
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 ZHIVAGO reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations outside Australia.
ZHIVAGO retains the right to determine what it can and cannot deliver to any particular location. For more information refer to Shipping & Orders.
Please Note – we do not ship to PO Boxes or Parcel Lockers.
4.2 When we accept an Order, it represents an agreement by ZHIVAGO to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. ZHIVAGO will not be liable to you for your loss or that of any third-party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (7) Business Days.
Receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. ZHIVAGO is not liable with respect to any loss, damage, cost, expense, or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we may reject the Order in accordance with this clause 4.
5. AVAILABILITY OF GOODS
5.1 You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order.
If this occurs, ZHIVAGO will use reasonable endeavours to contact you within five (7) business days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (7) business days. The receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. ZHIVAGO is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2 We reserve the right to withdraw or suspend any Goods displayed on our Website from sale either temporarily or permanently at any time without notice to you. ZHIVAGO will not be liable to you for any loss you or any third-party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3 Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4.
If applicable, ZHIVAGO will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
5.4 You acknowledge and agree that, despite all reasonable attempts;
- a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
- b) you have read any corresponding written description of the Goods prior to submitting your Order;
- c) the colour of Goods as shown on the Website may vary slightly in shade in real life;
- d) where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
- e) any accessory featured with the Goods is for styling purposes only.
6. PRICES AND PAYMENTS
6.1 The price in respect of a Good is specified on our Website and is subject to change based on the delivery address/method nominated or offered.
6.2 Prices are displayed in AUD Dollars (AUD). Taxes are calculated according to your shipping destination and included in the Price of Goods.
Custom duties may be charged by your local authority. This is additional to your purchase, and we have no control over it, as it has been applied by your local customs authority.
Please be aware that you are confirming you understand this when you proceed through our check out.
If you would like further information on any possible duties payable on your purchase, for your country, please contact us.
6.3 If you are a customer whose credit/debit card is not denominated in AU Dollars, the final price will be calculated in accordance with your banking institution and the applicable exchange rate on the day your card issuer processes the transaction.
Any currency conversion fees, or rates used to determine the amount you pay for the Goods is determined by your credit card provider or payment service. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card provider or payment service.
6.4 All prices and offers remain valid as advertised from time to time. ZHIVAGO reserves the right to change or alter Prices of Goods on our Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.5 In respect of any Order, we will charge you and you agree to pay to us:
- a) the Price (which is the Price at the time the Order is submitted in AU Dollars; and
- b) the Delivery Fee which is calculated at check out.
6.6 You can pay for your Goods by any of the methods specified on our Website, which currently include;
Credit card (Visa and Mastercard)
Afterpay
PayPal Pay in 4 and PayPal.
When paying, you authorise ZHIVAGO to debit your nominated card, payment method or account at the time you submit your Order.
6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by ZHIVAGO before Goods are dispatched.
If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions, and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card or use an alternative payment method in order to continue with your Order.
6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.9 You will receive an invoice, with your order number by email once payment in respect to your Order has been processed.
6.10 ZHIVAGO uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7. DELIVERY
7.1 ZHIVAGO uses couriers to deliver your Goods. You agree to your details including your delivery address being supplied to our courier for the purpose of delivering your Goods.
7.2 You should refer to the Orders & Shipping section of the Website for the applicable delivery fees for your Goods.
7.3 Estimated delivery time frames are set out in the Orders & Shipping section of our Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
- a) ZHIVAGO cannot guarantee that delivery will occur in the stated delivery time frames;
- b) Delivery time frames may change from time to time due to unforeseen circumstances, peak times, and other circumstances out of our control; and
- c) Except where required by applicable law, ZHIVAGO is not liable with respect to any loss, damage, cost, expense, or injury you or any third-party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of Goods will take place at the delivery address specified by you during the Order process. You will need to submit separate Orders for Goods if you require multiple delivery destinations.
7.6 Due to the high value of Goods, we require a signature for any Goods delivered. If we are unable to deliver your Goods to the delivery address, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.
7.7 Where you do not collect your Goods from the outlet specified on the calling card within the time required of a failed delivery, you must contact us using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any additional associated fees for redelivery.
7.8 Upon delivery, you should inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, please contact us as soon as possible.
If your Goods are not as ordered, you may return the Goods to us in accordance with our Returns & Exchanges policy. If Goods are missing from your Order, please contact us to organise the return of your Order in accordance with our Returns & Exchanges policy.
Please inform us of any defective, damaged, missing, and or incorrect Goods as soon as possible. Any Goods replaced under our Returns & Exchanges policy due to being defective, damaged, missing, or incorrect will be re-delivered to you free of charge.
7.9 You warrant to ZHIVAGO that any nominated representative receiving the Goods on your behalf at the specified delivery address related to your Order is duly authorised by you to do so.
7.10 If your returned Goods are deemed to be worn, used, damaged, or fail to meet the terms of our Returns & Exchange policy, we will email you to inform that your return is rejected, and the goods will be returned to you.
8. ORDER CANCELLATIONS AND RETURNS
8.1 Unless provided for under these Terms and Conditions, ZHIVAGO is not obliged to accept any request by you for a cancellation or amendment of an Order.
If you discover you have made a mistake with your Order after you have submitted it to ZHIVAGO via our Website, you can attempt to cancel your order for up to one hour after it has been placed.
ZHIVAGO does not guarantee that it will be able to cancel or amend the Order in those circumstances.
Please refer to our FAQs for more information on how to do this.
8.2 If you have made an Order and ZHIVAGO is unable to process the Order or ZHIVAGO does not accept the Order, we will notify you and the Order will be cancelled.
8.3 ZHIVAGO will refund any payment already made by you to your original payment method where an order is cancelled as contemplated by this clause, and before it has been accepted by us.
8.4 On occasion, ZHIVAGO may cancel styles. If your Order or Goods have been cancelled, you will be notified immediately and refunded for the full amount to your original method of payment. Refunds should be reflected on your statement within seven (7) business days.
8.5 Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable delivery fee) in accordance with these Terms and Conditions.
We will use reasonable endeavours to process your refund within seven (7) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. ZHIVAGO is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
8.6 It is a condition of most credit card providers that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards.
ZHIVAGO is required to comply with these rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card/payment method of your nominated Order.
9. PROMOTIONS AND DISCOUNTS
9.1 ZHIVAGO offers and promotions may only be used on our Website and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping on our site.
It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order.
Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and no cash alternative available.
Unless expressly stated, the Code may not be used in conjunction with any other offers. If your code is lost or stolen it will not be reissued.
9.2 Any % off stated applies to the Australian recommended retail price (RRP) of items, including the Australian GST component of that price. Discounts, including any % off, are not available when purchasing gift cards.
10. GIFT CARDS
Remaining Gift Card Value - means, at any time, that portion of the initial value on your Gift Card which is unspent which and can be accessed by using the Gift Card in accordance with these Terms and Conditions.
A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use and Conditions, or who authorises another person to do something with or to the Gift Card on their behalf.
To purchase a Gift Card from our Website, click on the Gift Cards section of the Website, select your Gift Card of choice, and fill in the required information on the online form.
Once completed add to your cart and then proceed to payment/checkout as normal. Once you complete the online transaction and it is validated, an eGift Card will be sent via email to the recipient's email address nominated in the form. It is then ready to use on the Website.
Gift Cards are treated like cash. If your Gift Card is lost or stolen it will not be re-issued and the value of the Gift Card will not be refunded.
Gift Cards may only be used for purchases at ZHIVAGO and cannot be returned or exchanged for cash. Gift Cards cannot be on-sold to third parties, unless with the prior written consent of ZHIVAGO. No change is given and any balance that remains on the card can be used in whole or part against future purchases at ZHIVAGO.
To redeem a Gift Card on our Website, at the point of checkout, select “Gift Card or Coupon” and insert the code requested.
You agree that we can reduce the remaining Gift Card value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by giving us, or another person, details of the Gift Card and authorising the transaction in some other way, including on our Website.
When you authorise a Gift Card transaction you are confirming that the transaction correctly represents the purchase price of the goods or services obtained and you are agreeing to pay the amount of that transaction by the reduction of the Remaining Gift Card Value.
Our ZHIVAGO Gift Cards never expire and can be used across the store including sale items and our ‘Made to Order’ Range
Our Gift Cards cannot be cancelled once they are issued except if voided by ZHIVAGO or if their value is used. We reserve the right to void any Gift Card that appears to have been purchased fraudulently, altered, or tampered with in any way and ZHIVAGO may subject Gift Cards to a verification process.
We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except where a Gift Card is void). We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
You will not be sent statements of transactions on a Gift Card. You can check your Gift Card balance by contacting us.
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us. If you have reason to believe that an error has occurred in relation to your Gift Card, contact us.
Additional terms and conditions regarding the use of Gift Cards may be set out in our FAQs.
11. ZHIVAGO ONLINE ACCOUNT (ZVIP)
You are solely responsible for the activity that occurs on your Account (including any Orders placed using your Account), and you must keep your account password secure.
We are not liable for any loss suffered or incurred by you as a result of any unauthorised activity on your Account if you fail to keep your account login information secure.
You must not use another person’s account without ZHIVAGO’s, and/or the other person’s, express written permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
ZHIVAGO may refer fraudulent or abusive or illegal activity to the relevant authorities for investigation or prosecution.
12. SOCIAL NETWORKING SITES
These Terms and Conditions also govern any Submissions you make on any ZHIVAGO related third-party website or page such as our Facebook page, Instagram, TikTok, X, YouTube, or other social networking sites.
All comments, images, videos, and any other type of material posted on any third-party social networking site do not necessarily reflect the opinions or ideas of ZHIVAGO or its employees and ZHIVAGO is not responsible for any such content. In any event, all material posted on any third-party social networking site must comply with these Terms and Conditions and the third-party social networking sites terms of use, as applicable.
13. CONDITIONS OF SALE
Our garments are not to be hired out - either personally, via online rental websites, or through rental boutiques.
Our garments are not authorised for rental use or for advertising use without approval – those who breach these conditions will be subject to legal action if not followed.
Please Note - When purchasing a product from our Website you agree by purchasing and using the product, you agree to be bound by the terms of sale and responsible for any legal costs arising from breach of these terms.
If you do not agree, do not use the product, and return the product to your place of purchase.
This product is not to be used for commercial hire purposes, in unauthorised advertising or resold commercially by unauthorised vendors.
GENERAL
14. COPYRIGHT AND TRADEMARKS
14.1 The Website and all material on the Website are owned or licensed by House of Zhivago Pty Ltd, including the "look" and "feel" of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements.
Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of ZHIVAGO.
14.2 Various trademarks displayed on the Website (whether registered or otherwise), including House of Zhivago and ZHIVAGO are owned by us.
Other product and company names that may be mentioned on our Website may be the trademarks of other people or entities. The trademarks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner.
14.3 If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.
15. DISCLAIMER
15.1 The information contained on this Website has been provided by ZHIVAGO in good faith. To the best of our knowledge, the information is accurate and current.
However, the Website and its contents are provided to you on "as is" basis. This Website may contain errors, faults and inaccuracies and may not be complete and current.
ZHIVAGO and its related bodies corporate, and their directors, officers, employees, and agents ("House of Zhivago' Associates") make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
15.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, ZHIVAGO excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions.
You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
16. LIMITATION OF HOUSE OF ZHIVAGO’S LIABILITY
16.1 Subject to any non-excludable liability (including under consumer laws) and the specific provisions outlined in these Terms and Conditions, ZHIVAGO is not liable to you or any other party for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages.
This includes, but is not limited to, damages for loss of profits, business interruption, loss of data or information, product liability, personal injury, or any damages arising in contract, tort (including negligence), statute, or otherwise.
These exclusions apply to any harm arising directly or indirectly from transactions (whether actual or attempted) conducted through the Website or from the use of any goods or services supplied to you or on your behalf via the Website.
16.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of ZHIVAGO or House of Zhivago' Associates in connection with goods or services supplied to you will, at the election of House of Zhivago Pty Ltd, be limited to:
- a) In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- b) In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).
16.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of your use of, or relating to, this Website will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
17. INDEMNITY
You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents, and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
18. PRIVACY
18.1 Personal Information, such as your contact details, that you provide to us during the order process, for membership to the ZVIP club, or in connection with a ZHIVAGO Gift Card will be kept and used by us for the purpose of processing your Order and improving our order process in accordance with ZHIVAGO’S Privacy Policy.
18.2 You represent and warrant to us that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete, and up to date, and (where relevant).
18.3 Gift Cards - you have obtained the consent of your nominated recipient for gifts to provide their Personal Information ZHIVAGO.
19. Cyber Security
We take all reasonable measures to ensure that the Website and our data transmissions are free from viruses. However, ZHIVAGO cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware, or software with which it might be used. It is your responsibility to scan any such data for viruses.
You assume all risk of use of all programs and files on the Website, and you release ZHIVAGO entirely of all responsibility for any consequences of its use.
20. USE OF COOKIES
Cookies are small pieces of information that your browser stores on your device. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer.
If you disable cookies on your web browser, you may not be able to fully experience all features of the Website.
For more information on how we use cookies and controlling your preferences, please refer to our Cookie Policy.
21. THIRD PARTY SITES
21.1 Our Website may contain links to third-party sites. ZHIVAGO is not responsible for the condition or content of those sites as they are not under our control. You access those sites and/or use those sites’ products and services solely at your own risk.
The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by ZHIVAGO of the sites or the products or services provided on the sites. ZHIVAGO does not permit any linkages to our Website without prior permission.
21.2 Any third-party advertising on House of Zhivago’s pages of third-party social networking sites are not the responsibility of, or endorsed by, ZHIVAGO’s. All rights, including copyright in ZHIVAGO, are owned by or licensed to House of Zhivago Pty Ltd.
Any use of any of ZHIVAGO’S social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of ZHIVAGO. All worldwide rights reserved.
22. ELECTRONIC COMMUNICATIONS
When you place an order or join the ZVIP Club you consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
23. SECURITY AND VIRUSES
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
24. TERMINATION
We reserve the right to, at its discretion, terminate your access to and use of the Website:
- a) for convenience, at any time, upon provision of notice to you;
- b) immediately:
(i) if we reasonably believe that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
25. GENERAL
These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia or Western Australian Registry) and waive any right to object to any proceedings being brought in those courts, including in relation to any dispute in connection with a Gift Card. In any purchase of Goods, your transaction is deemed to have taken place in Western Australia.
The Website may be accessed from Australia or overseas. ZHIVAGO makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
Only you and ZHIVAGO shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
ZHIVAGO reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with ZHIVAGO with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website. Your continued use of the Website will constitute acceptance of the amended Terms and Conditions.
ZHIVAGO may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by ZHIVAGO to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by ZHIVAGO does not preclude its future exercise or the exercise of any power or right.
26. PROMOTIONS & OFFERS
Sales
- At our discretion we will offer discounts on selected Sale products at ZHIVAGO subject to these Terms and Conditions (“T&Cs”):
- The Sale only applies to products listed as Sale items on the ZHIVAGO website
- ZHIVAGO reserves the right to amend the list of products on Sale.
- The discount applicable to each product cannot be combined with any other discount code, certificate, or coupon (including the purchase of gift cards).
- The discount is non-transferable, non-exchangeable and no cash alternative is offered.
- ZHIVAGO reserves the right at our discretion to revoke, suspend, cancel and/or amend the offer and these T&Cs at any time and without notice.
- All purchases made from ZHIVAGO must be for personal and not commercial use.
- Eligible products are subject to availability of stock.
- In the event of a dispute regarding any sale items, the decision of ZHIVAGO is final and no correspondence or discussion shall be entered into.
These Terms & Conditions were last updated February 2025