PUBLIC OFFER AGREEMENT FOR GOODS(A public offer is an offer containing all essential terms of a contract, from which the will of the person making the offer to conclude a contract under the terms specified in the public offer with any person who responds to this offer is evident, in accordance with Clause 5 of Article 395 of the Civil Code of the Republic of Kazakhstan)This agreement between "ИП Шемелина Д.М.", hereinafter referred to as the “Seller”, and the user of the online store services, hereinafter referred to as the “Buyer”, defines the terms of purchase of goods through the online store website “zagotovki.kz”. 1. GENERAL PROVISIONS1.1. "ИП Шемелина Д.М." publishes this sales agreement, which is a public agreement — an offer addressed to individuals and legal entities in accordance with Article 447 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the “CC RK”).1.2. This public offer (hereinafter referred to as the “Offer”) defines all essential terms of the agreement between "ИП Шемелина Д.М." and the person who has accepted the Offer.1.3. This agreement is concluded between the Buyer and the online store at the moment of placing the order.1.4. The Offer may be accepted by any individual or legal entity located in the Republic of Kazakhstan intending to purchase goods and/or services sold/provided by "ИП Шемелина Д.М." through the online store located at: zagotovki.kz.1.5. The Buyer unconditionally accepts all terms contained in the Offer as a whole (i.e., in full and without exceptions).1.6. Upon acceptance of the terms of this agreement (i.e., the public offer of the online store), the individual or legal entity accepting the offer becomes the Buyer.1.7. Acceptance is the receipt by the Seller of a message expressing the intention of an individual or legal entity to purchase goods under the terms offered by the Seller.1.8. The Offer, all appendices to it, as well as all additional information about the goods/services of "ИП Шемелина Д.М.", are published on the website zagotovki.kz. 2. STATUS OF THE ONLINE STORE2.1. The online store zagotovki.kz is owned by "ИП Шемелина Д.М." and is intended for organizing remote sales of goods and services via the Internet.2.2. Transactions of the online store are governed by the sales agreement under the terms of the public offer posted at zagotovki.kz. By accepting the offer (i.e., paying for the order placed in the online store), the Buyer obtains ownership of the goods under the terms of the Sales Agreement.2.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. 3. STATUS OF THE BUYER3.1. The Buyer is responsible for the accuracy of the information provided when placing an order and for its protection from claims of third parties.3.2. The Buyer confirms his/her agreement with the terms set forth in this Agreement by ticking the box “The terms of the Agreement have been read in full, all terms of the Agreement are clear to me, I agree with all terms of the Agreement” when placing an order.3.3. The information provided by the Buyer is confidential. By providing his/her personal data, registering on the website, or filling out an application, the Buyer consents to the processing of his/her personal data for the purpose of fulfilling the User Agreement. The online store uses the Buyer’s information exclusively for the functioning of the online store (sending notifications to the Buyer about order fulfillment, etc.) and in cases specified in this Offer Agreement.3.4. The goods are purchased by the Buyer exclusively for personal needs not related to entrepreneurial activities. The use of the online store resource for viewing and selecting goods, as well as placing an order, is free of charge for the Buyer.4. SUBJECT OF THE OFFER4.1. The Seller, based on the Buyer’s orders, sells the goods to the Buyer in accordance with the terms and prices established by the Seller in the Offer and its appendices.4.2. Delivery of goods ordered and paid for by the Buyer is carried out by the Seller or the Carrier. The Buyer has the right to collect the goods from the Seller independently (self-pickup). When placing an order, the Buyer is given the right to choose the delivery method.4.3. The relations between the Buyer and the Seller are governed by the provisions of the CC RK, the Law of the Republic of Kazakhstan dated 04.05.2010 No. 274-IV “On Protection of Consumer Rights”, as well as other regulatory legal acts adopted in accordance therewith.4.4. An individual or legal entity is deemed to have accepted all terms of the Offer (offer acceptance) and its appendices in full and without exceptions from the moment the Seller receives a message about the Buyer’s intention to purchase goods under the terms offered by the Seller. Upon acceptance of the offer, the individual or legal entity is considered to have concluded a sales agreement with the Seller for the ordered goods and acquires the status of Buyer.5. PROCEDURE FOR CONCLUDING THE SALES AGREEMENT5.1. The Buyer may place an order independently on the online store website or through a manager by phone numbers listed on the website, under the terms of the Sales Agreement (public offer of the online store).5.2. When placing an order in the online store, the Buyer is obliged to provide the following information:- Full name (for individuals) or full name, BIN (for legal entities) of the Buyer;
- Delivery address of the goods;
- Contact phone number and email address of the Buyer.
- 5.3. The Buyer’s declaration of intent is made by entering the relevant data in the order form on the online store website or by submitting an application through the online store manager or by email.
- 5.4. The online store does not edit the Buyer’s information.
- 5.5. To receive a paper copy of the Sales Agreement, the Buyer sends a request by email or phone listed on the website.
6. INFORMATION ABOUT THE GOODS6.1. Goods are presented on the website through graphic images-samples that are the property of the online store.6.2. Each graphic image-sample is accompanied by text information: name, composition (if necessary), price, and description of the goods (products).6.3. All informational materials presented in the online store are for reference purposes and cannot fully convey information about the properties and characteristics of the goods, including colors, sizes, and shapes. If the Buyer has questions regarding the properties and characteristics of the goods, the Buyer must contact the Seller by phone numbers listed on the website before placing an order.6.4. At the Buyer’s request, the online store manager must provide (by phone or email) any other information necessary and sufficient, from the Buyer’s point of view, to make a decision to purchase the goods.6.5. The Buyer is informed that when purchasing goods at a discount due to defects, he/she loses the right to refer to these defects in the future.6.6. The Buyer is informed by the Seller that goods listed separately in the invoice in any case do not constitute a set.7. PROCEDURE FOR PURCHASING GOODS7.1. The Buyer has the right to place an order for any goods presented in the online store. Each product may be ordered in any quantity. Exceptions to this rule are specified in the description of each product in case of promotions, removal of the product from sale, etc.7.2. An order may be placed by the Buyer by phone numbers listed on the website or placed independently on the website.7.3. After placing an order, the Seller confirms the Buyer’s order by sending an email to the Buyer with information confirming acceptance of the order, indicating the name, size, price of the selected goods and the total order amount, or the online store manager contacts the Buyer by phone.7.4. If the goods are not available in stock, the online store manager must notify the Buyer (by phone or email).7.5. The Buyer has the right to place a pre-order for goods temporarily unavailable in stock.7.6. If the goods are unavailable, the Buyer may replace them with other goods or cancel the order.7.7. The delivery time of the goods is no more than 24 hours and starts from the moment the Seller receives a message about the Buyer’s intention to purchase the goods under the terms offered by the Seller and its payment.8. PRICE OF GOODS8.1. The price of goods (products) in the online store is indicated in Kazakhstani tenge per unit of goods (products).8.2. The price of the goods (products) indicated on the website may be changed unilaterally by the online store; however, the price of the goods (products) ordered and paid for by the Buyer is not subject to change.8.3. The total cost of the order consists of the cost of goods (products) according to the catalog (menu) and the delivery cost.8.4. The cost of services provided to the Buyer by the Seller when purchasing goods (products) in the online store is specified in the “Payment and Delivery” section. 9. PAYMENT FOR GOODS9.1. The methods and procedure for payment for goods are specified on the website in the “Payment and Delivery” section. If necessary, the procedure and terms of payment for the ordered goods are agreed upon by the Buyer with the online store manager.9.2. In case of cash payment, the Buyer is obliged to pay the Seller the price of the goods (products) at the Seller’s location or by handing the money to the Seller’s representative who delivers the goods (products).9.3. Cashless payment is made according to the issued invoice at the time of placing the order and making the purchase. After the funds are credited to the Seller’s account, the online store manager agrees with the Buyer on the time and delivery address. In case of cashless payment, the Buyer’s obligation to pay the price of the goods (products) is considered fulfilled from the moment the corresponding funds are credited to the account specified by the Seller.9.4. The Buyer pays for the order by any method chosen in the online store.9.5. The Parties’ settlements for the order payment are made in Kazakhstani tenge.10. DELIVERY OF GOODS10.1. The methods, procedure, and delivery terms of the goods are specified on the website in the “Payment and Delivery” section. The procedure and terms of delivery of the ordered goods are agreed upon by the Buyer with the online store manager.10.2. Self-pickup of goods:10.2.1. Upon receiving notification of the placed order, the Seller confirms its receipt by phone or through the online store/website with the Buyer and agrees with him/her on the date and time of self-pickup of the goods.10.2.2. The Buyer pays (in case of cash payment) and receives the order at the Seller’s location. Addresses, contacts, and working hours are specified on the Seller’s website in the “Contacts” section. In case of cashless payment, the Seller confirms the fact of crediting the payment to the Seller’s account and only after that agrees with the Buyer on the date and time of self-pickup.10.2.3. Ownership and the risk of accidental loss, damage or destruction of the goods pass to the Buyer from the moment of transfer of the goods to the Buyer or his/her Representative.10.3. Delivery by the Seller:10.3.1. Ownership and the risk of accidental loss, damage or destruction of the goods pass to the Buyer from the moment of transfer of the goods to the Buyer or Representative at the place of performance of the contract.10.3.2. During delivery, the goods are handed over to the Buyer or Representative.10.4. Delivery by the Carrier:10.4.1. Ownership and the risk of accidental loss, damage or destruction of the goods transfer from the Seller to the Buyer or Carrier (in accordance with the contract concluded between the Buyer and the Carrier) from the moment the goods are handed over to the Carrier at the place of performance of the contract.10.4.2. The obligation to transfer the goods to the Buyer, including clause 10.4.1, is considered fulfilled from the moment the goods are handed over to the Carrier.10.4.3. The cost of delivery of the goods for each order is calculated based on the weight and volume of all ordered goods, the delivery address, the Carrier’s rates, and is paid by the Buyer independently.10.5. The Buyer is obliged to accept the goods by quantity and assortment at the time of acceptance.10.6. Upon receipt of the goods, the Buyer must, in the presence of the Seller’s representative (Carrier), check their compliance with the delivery note, verify the name, quantity, quality, and completeness of the goods.10.7. The Buyer or Representative confirms upon acceptance that they have no claims regarding the appearance and completeness of the goods.11. QUALITY GUARANTEES FOR GOODS (Products)11.1. The Seller guarantees the quality of product manufacturing and compliance with all necessary technological standards and requirements during production, as well as compliance with SanPiN, GOSTs, and standards in accordance with the current legislation of the Republic of Kazakhstan.12. RETURN OF GOODS12.1. The Buyer has the right to exercise his/her rights and fulfill all obligations in the manner and under the conditions provided by the Law of the Republic of Kazakhstan “On Protection of Consumer Rights of the Republic of Kazakhstan”.12.2. Return of goods of proper quality is possible if their marketable appearance (packaging), consumer properties, and the document confirming the fact and conditions of purchase of the specified goods are preserved.12.3. The Buyer has no right to refuse goods (products) of proper quality having individually determined properties if such goods (products) can be used exclusively by the Buyer purchasing them (including non-standard sizes, composition, etc., at the Buyer’s request). Proof that the item has individually determined properties is the difference in filling, composition and sizes of the goods from the filling and sizes indicated in the online store.12.4. Return of goods in cases provided by law and this Agreement is carried out at the addresses specified on the website in the “Contacts” section.12.5. In case of refusal by the Buyer of goods of improper quality, the Seller returns the amount paid under the agreement, except for the Seller’s expenses for delivery of the returned goods from the Buyer, no later than 15 days from the date of submission of the corresponding claim by the Buyer.12.6. If the refund is not made simultaneously with the return of the goods, the refund is made by the Seller in cash at the Seller’s location or by transferring to the Buyer’s bank account from which the payment for the goods was made, or to another account specified by the Buyer.12.7. The refund method specified in this clause may be used by the Seller in other cases of refund provided for by this agreement and the legislation of the Republic of Kazakhstan. 13. LIABILITY OF THE PARTIES13.1. The Parties are liable in accordance with the legislation of the Republic of Kazakhstan.13.2. The Seller is not liable for damage caused to the Buyer due to improper and/or unintended use of the goods (products) ordered in the online store.13.3. The Parties are released from liability for non-performance or improper performance of obligations under the contract during the force majeure period. 14. OTHER TERMS14.1. The relations between the Buyer and the Seller are governed by the legislation of the Republic of Kazakhstan.14.2. If necessary, the Seller and the Buyer have the right at any time to execute a sales agreement for goods (products) in the form of a written bilateral agreement that does not contradict the provisions of this offer.14.3. In case of questions and claims from the Buyer, he/she must contact the sales department of "ИП Шемелина Д.М." at the address: Kazakhstan, Astana, 10 Tashenova St.Phone: +7707398774614.4. This agreement enters into force from the date of acceptance of this offer by the Buyer and remains in effect until full performance of the Parties’ obligations.14.5. All disputes and disagreements arising during the performance of obligations under this agreement are resolved through negotiations. If it is impossible to resolve them, the Parties have the right to seek judicial protection of their interests.14.6. The online store reserves the right to expand or reduce the product offering on the website, regulate access to purchase any goods, as well as suspend or terminate the sale of any goods at its own discretion.15. ADDRESS AND DETAILS OF THE SELLERIP"Шемелина Д.М.".IIN 931208401567Account No. KZ49722S000011995629at JSC “Kaspi Bank”BIC CASPKZKARepublic of Kazakhstan, Astana, 10 Tashenova St.+77073987746 