PUBLIC CONTRACT-OFFER of the Legal Entity “SAIRAN” LLP
(hereinafter referred to as the Internet Store)
This Public Offer (hereinafter - the Offer), is an Agreement concluded between the online store and the service user - an individual (hereinafter - the Buyer), which defines the conditions for the purchase of goods, works and/or services using the resources of the Online Store.
1. GENERAL PROVISIONS
o The Online Store publishes this Offer with an offer to individuals and legal entities in accordance with Articles 395, 396 and 447 of the Civil Code of the Republic of Kazakhstan (hereinafter - the Civil Code of the Republic of Kazakhstan).
o This offer, as well as any contract, defines the essential terms of interaction between the Online Store Buyer (person who accepted the offer).
o This offer is concluded between the Buyer and the Online Shop at the time of order placement.
o The Offer may be accepted by any individual or legal entity in the territory of the Republic of Kazakhstan, having the intention to purchase goods, works and/or services sold/provided by the online store, located on the website glowbeauty.kz.
o The Buyer unconditionally accepts all the terms and conditions contained in the offer as a whole (i.e. In full and without exception).
o If the terms and conditions of this offer are accepted, the individual or legal entity becomes the Buyer.
o Acceptance is the receipt by the online store of a message about the intention of an individual or legal entity to purchase goods, works and / or services on the terms offered by this online store.
o The Offer, all amendments, annexes to it, as well as all additional information about goods, works and/or services of the Online Store are published on the website glowbeauty.kz
1. ONLINE STORE SITE STATUS
o The website is the property of the Online Store and is intended for organization of a remote method of sale of goods, works and/or services via the internet.
o By accepting the Offer (i.e. Payment for the order placed on the website of the Online Store), the Buyer receives ownership of goods, works and/or services on the terms and conditions and in the manner specified in the Purchase and Sale Agreement of the Online Store, posted on the website glowbeauty.kz
o The Online Store is not responsible for the content and accuracy of the Information provided by the Buyer when placing an order on the website of the Online Store.
1. CUSTOMER STATUS
o The Buyer is responsible for the accuracy of the information provided when placing the order, and its purity from claims of third parties.
o The Buyer confirms his consent with the terms and conditions established by this Offer by ticking the box "I have read the terms and conditions of the agreement in full, I understand all the terms and conditions of the agreement, I agree with all the terms and conditions of the Agreement" when placing an order.
o The information provided by the Buyer is confidential. The Buyer, by providing his personal data, by registering on the site or filling out an application form gives his consent to the processing of his personal data for the purposes of execution of the user agreement. The Online Store uses information about the Buyer only for the purposes of functioning of the Online Store (sending notification to the Buyer about the fulfillment of the order, etc.) and in the cases specified in this offer.
o The goods are purchased by the Buyer solely for personal, family, household needs, not related to business activities. The use of the website (resource) of the Online Store for viewing and selection of goods, works and/or services, as well as for placing an order is free of charge for the Buyer.
1. SUBJECT OF THE OFFER
o The Online Store, based on the Buyer's orders, sells goods, works and/or Services to the Buyer in accordance with the terms and at the prices set by the Online Store on the website of the Online Store.
o The delivery of goods, works and/or services ordered and paid for by the Buyer is carried out by the Online Store or third parties engaged by the Online Store to fulfill its obligations. The Buyer has the right to pick up the goods, works and/or services at the location of the online shop by self-delivery. When placing an order, the Buyer is given the right to choose the method of delivery.
o The relations between the Buyer and the Online Store are subject to the provisions of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Protection of Consumer Rights", as well as other regulatory legal acts of the Republic of Kazakhstan governing the rights and obligations of the Parties specified in this Offer.
o An individual or legal entity is considered to have accepted all the conditions of the Offer (acceptance) and its annexes in full and without exception from the moment the Online Store receives a message about the Buyer's intention to purchase goods, works and / or services on the terms offered by the Online Store. In case of acceptance of the Offer, an individual or legal entity is considered to have entered into an Agreement for the sale of ordered goods, works and/or services with the Internet store and acquires the status of a Buyer.
1. PROCEDURE FOR CONCLUDING A PURCHASE AND SALE AGREEMENT
o The Buyer can place an order independently on the website of the Online Store, or through the specialist of the Online Store by phone number specified on the website, on the terms of the Purchase and Sale Agreement.
o When placing an order on the website of the online store, the Buyer is obliged to provide the following data:
• Full Name, IIN (for Individuals) or Full Name, BIN (for Legal Entities);
• The delivery address of the goods;
• Contact phone number and e-mail address of the Buyer of the goods.
o The Buyer's will is expressed by entering the relevant data into the order form on the Online store's website, or by submitting an application through an Online store specialist using information and telecommunication means or by e-mail (e-mail).
o The Online Store does not edit Customer information.
o In order to receive a paper copy of the Purchase and Sale Agreement, the Buyer sends an application by e-mail or in any other way agreed with the specialist of the Online store at the phone number indicated on the website of the Online store.
1. PRODUCT INFORMATION
o Goods, works and/or services are provided for display on the website of the Online Store through graphic images-samples, are the property of the Online Store.
o Each graphic image, sample is accompanied by text information: name, size range (if necessary), price and description.
o All information materials presented on the website of the Online Store are of reference nature and cannot fully convey information about the properties and characteristics of goods, works and/or services, including colors, sizes, shapes, etc. If the Buyer has any questions regarding the properties and characteristics of goods, works and/or services, the buyer should contact a specialist of the Online Store by phone numbers indicated on the website before placing an order.
o At the Buyer's request, the specialist of the Online Store shall provide (by phone or e-mail) other information necessary and sufficient, from the Buyer's point of view, to make a decision on the purchase of goods, works and/or services.
o The Buyer is notified that by purchasing goods, works and/or services at a discount established due to defects (defects) of goods, works and/or services, the buyer is deprived of the right to refer to such defects (defects) in the future.
o The Buyer is notified by the Online Store that the goods, works and/or services indicated in the invoice as separate items are in any case not a set.
1. PURCHASING PROCEDURE
o The Buyer has the right to place an order for any product, work and/or service provided on the website of the Online Store. Each product, work and/or service can be ordered in any quantity. Exceptions to this rule are specified in the description of each product, work and/or services in the case of promotions, withdrawal of goods, work and/or services from sale, etc.
o The order may be placed by the Buyer by phone numbers indicated on the website or placed independently on the website.
o After placing an order, the Online Store confirms the Buyer's order by sending to the Buyer's e-mail information confirming the acceptance of the order, indicating the name, size, price of the selected goods, characteristics of works and/or services and the total amount of the order or the specialist of the Online Store contacts the Buyer by phone to clarify the necessary characteristics of goods, works and/or services.
o If the goods are out of stock, the specialist of the Online Store is obliged to inform the Buyer about it (by phone or e-mail).
o The Buyer has the right to pre-order temporarily out of stock items.
o If the product is out of stock, the Buyer has the right to replace it with another product or cancel the order.
o The period of delivery of goods is not more than 30 (thirty) calendar days and begins to be calculated on the next day after the internet-shop has received a notice of the buyer's intention to purchase the goods on the terms offered by the internet-shop.
1. PRICE OF GOODS, WORKS AND/OR SERVICES
o The price indicated on the website of the online store is indicated in tenge of the Republic of Kazakhstan per unit.
o The price specified on the website can be changed unilaterally by the Online Store, while the price of goods, works and/or services ordered and paid by the Buyer is not subject to change.
o The full cost of the order consists of the catalog price, delivery cost, if necessary, lifting to the floor and installation (assembly).
o The cost of goods, works and/or services provided to the Buyer when Purchasing goods, works and/or services on the website of the Online Store is specified in the "Payment and Delivery" section.
1. PAYMENT OF GOODS
o The methods and procedure for paying for the goods are indicated on the website in the "Payment and Delivery" section. If necessary, the procedure and terms of payment for the order are negotiated by the Buyer with a specialist of the Online Store.
o In case of cash payment, the Buyer is obliged to pay the online store the price of the order at the time of transferring the goods, works and/or services to the Buyer, by transferring money to the representative of the Online Store who will deliver the goods and/or perform work and/or provide services.
o Payment by bank transfer is made according to the issued invoice within 3 (three) working days from the date of issuing such an invoice. After the receipt of funds to the account of the Online Store, the specialist of the Online Store agrees with the Buyer on the delivery time. In case of a non-cash form of payment, the Buyer's obligation to pay the price of the order is considered fulfilled from the moment the relevant funds are credited to the current account specified by the Online Store.
o The Buyer pays for the order by any method available on the website of the Online Store.
o The calculations of the Parties when paying for the order are carried out in tenge of the Republic of Kazakhstan.
1. DELIVERY OF GOODS
o The methods, procedure and terms of delivery of the goods are indicated on the website in the section "Payment and Delivery". The order and terms of delivery of the ordered goods are negotiated by the Buyer with an online store specialist.
o Self-delivery of goods:
§ The Online Store, having received a notification of the placed order, confirms its receipt by phone or by e-mail of the Buyer and coordinates with him the date of self-delivery of the goods.
§ The Buyer pays (with cash payment) and receives the order at the location of the warehouse of the Online Store. Addresses, contacts and working hours of warehouses are indicated on the website of the Online Store in the "Contacts" section). In case of a non-cash form of payment, the Online Store additionally by phone or by e-mail of the Buyer confirms the fact that the payment for the order has been credited to the settlement account of the Online Store and only after that agrees with the Buyer on the date of pickup of the goods.
§ The right of ownership and the risk of accidental loss, loss or damage of the goods passes to the Buyer from the moment of transfer of the goods to the Buyer or his Representative.
o Delivery of goods by an Online Store:
§ The transfer of ownership and the risk of accidental death, loss or damage to the goods passes to the Buyer from the moment the goods are transferred to the Buyer or the Representative at the place of execution of the contract from the moment the Parties sign the act of acceptance and transfer of goods (bill of lading).
o Delivery of the goods by the carrier:
§ The right of ownership and the risk of accidental loss, loss or damage of the goods passes from the Online store to the Buyer or Carrier (in accordance with the contract concluded between the Buyer and the Carrier) from the moment the goods are transferred to the Carrier at the place of performance of the contract when the Parties sign the act of acceptance and transfer of the goods (bill of lading and/or delivery note and/or CMR waybill).
§ The obligation to transfer the goods to the Buyer, including clause 10.4.1., is considered fulfilled from the moment the goods are transferred to the Carrier.
§ The cost of delivery of goods within each order is calculated based on the weight and volume of all ordered goods, the delivery address of the order, the carrier's prices and is paid by the Buyer independently.
o The buyer is obliged to accept the goods in quantity and assortment at the time of its acceptance.
o Upon receipt of the goods, the Buyer must, in the presence of a representative of the online store (carrier), check its compliance with the consignment note, make sure by the name of the goods in the quantity.
o The buyer or Representative confirms with his signature in the consignment note that he has no claims to the appearance and completeness of the goods when accepting the goods.
1. PRODUCT WARRANTIES
o The warranty period for the goods, works and/or services is _____ (_____) months from the date of transfer of the goods, works and/or services to the Buyer or his Representative, unless otherwise provided by an additional agreement. The warranty does not apply to products that are not used for their intended purpose or in violation of the rules and regulations for operation established for this type of product, as well as those defined by this Offer and the Sale and Purchase Agreement.
1. RETURN OF GOODS
o The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within 14 (fourteen) calendar days, in the manner and on the terms provided for by the Law of the Republic of Kazakhstan "On Protection of Consumer Rights of the Republic of Kazakhstan".
o Return of goods of good quality is possible if its presentation (packaging), Сonsumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved within 1 (one) calendar month from the date of signing the consignment note and/or act of acceptance - transfer of the Goods.
o The Buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified product can be used exclusively by the Buyer purchasing it (including non-standard (at the Buyer's request) sizes, etc.). Confirmation that the item has individually defined properties is the difference between the content and dimensions of the product and the content and dimensions indicated in the Online Store.
o The return of the goods, in cases stipulated by Law and this Agreement, is made to the addresses indicated on the website in the "Contacts" section.
o If the Buyer refuses the goods of proper quality, the Online store returns to him the amount paid in accordance with the contract, except for the costs of the Online store for the delivery of the returned goods from the Buyer, no later than 15 (fifteen) calendar days from the date of the Buyer's submission of the relevant claim.
o In the event that the refund of the amount is not carried out simultaneously with the return of the goods, the refund of the specified amount is carried out by the Internet store in cash at the location of the Internet store, or by transferring to the bank account of the Internet store from which the payment for the goods was made or another account reported Buyer.
o The method of refund specified in this paragraph may be used by the Online Store and in other cases of refund provided for by this Offer and the legislation of the Republic of Kazakhstan.
1. LIABILITY OF THE PARTIES
o The parties are responsible in accordance with the legislation of the Republic of Kazakhstan.
o The Online Store is not responsible for damage caused to the Buyer as a result of improper use of goods, works and/or services ordered on the website of the Online Store.
o The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Offer for the duration of force majeure circumstances.
1. OTHER CONDITIONS
o The norms defined by the legislation of the Republic of Kazakhstan apply to the relationship between the Buyer and the Online store.
o If necessary, the Online Store and the Buyer have the right at any time to issue a contract of sale of goods in the form of a written bilateral agreement that does not contradict the provisions of this Offer.
o In case of questions and claims on the part of the Buyer, the latter must contact the Online Store at the location of the Online Store _____, and / or at the email address: _____ and / or at the phone number: _____ specified on the website of the Online Store.
o This Offer comes into force from the date of its acceptance by the Buyer and is valid until the Parties fully fulfill their obligations under it.
o All disputes and disagreements arising when the Parties fulfill their obligations under this Offer are resolved through negotiations, and if it is impossible to settle them through negotiations, the Parties have the right to apply for the resolution of such disputes to the judicial authorities of the Republic of Kazakhstan at the location of the Online Store.
o The Online Store reserves the right to expand and reduce the product offer on the site, regulate access to the purchase of any goods, works and/or services, as well as suspend or stop the sale of any goods, works and/or services at its sole discretion.
1. ADDRESS AND DETAILS OF THE ONLINE STORE
Name: “SAIRAN” LLP
Legal address: Almaty, Bostandyk district, Zharokov Str. 289
BIN:970540000206
Bank Account: KZ798562203114372902 (KZT)
At the Bank: BankCenterCredit
BIC: KCJBKZKX
Bank BIN: 970540000206
General classifier of enterprises: