OFFER
PUBLIC OFFER AGREEMENT
Legal entity TOO " Chupa . kz "
(hereinafter referred to as the Online Store)
This public offer (hereinafter referred to as the Offer) is an Agreement concluded between the online store and the user of services - an individual (hereinafter referred to as the Buyer), which determines the terms of the purchase of goods, works and/or services using the resources of the online store.
1. GENERAL PROVISIONS
1.1. The online store publishes this Offer with an offer addressed to individuals and legal entities in accordance with Articles 395, 396 and 447 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan).
1.2. This Offer, like any Agreement, defines the essential terms of interaction between the Online Store and the Buyer (the person who accepted the Offer).
1.3. This Offer is concluded between the Buyer and the Online Store at the time of placing the order.
1.4. The offer may be accepted by any individual or legal entity on the territory of the Republic of Kazakhstan intending to purchase goods, works and/or services sold/provided by the Online Store located on the website www.chupa.kz .
1.5. The buyer unconditionally accepts all the conditions contained in the offer as a whole (i.e. in full and without exceptions).
1.6. In case of acceptance of the terms of this Offer, an individual or legal entity becomes the Buyer.
1.7. 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 under the terms offered by this Online Store.
1.8. The offer , all amendments, appendices to it, as well as all additional information about the goods, works and/or services of the Online Store are published on the website www.chupa.kz .
2. ONLINE STORE WEBSITE STATUS
2.1. The site is the property of the online store and is intended to organize a remote method of selling goods, works and/or services via the Internet.
2.2. Having accepted the Offer (i.e. paid for the order placed on the website of the Online Store), the Buyer receives ownership of the goods, works and/or services under the terms and in the manner specified in the Agreement of Sale and Purchase of the Online Store located on the website www.chupa.kz .
2.3. 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.
3. BUYER STATUS
3.1. The buyer is responsible for the accuracy of the information provided when placing the order and its freedom from claims by third parties.
3.2. The Buyer confirms his/her consent to the terms and conditions established by this Offer by checking the box “I have read the Terms of the Agreement in full, I understand all the terms of the Agreement, I agree with all the terms of the Agreement” when placing an order.
3.3. The information provided by the Buyer is confidential. The Buyer, by providing his personal data, registering on the website or filling out an application, gives his consent to the processing of his personal data for the purpose of fulfilling the user agreement. The online store uses information about the Buyer solely for the purpose of the functioning of the online store (sending a notification to the Buyer about the fulfillment of the order, etc.) and in the cases specified in this Offer.
3.4. The goods are purchased by the Buyer exclusively for personal, family, household needs not related to the implementation of entrepreneurial activities. The use of the website (resource) of the Online Store for viewing and selecting goods, works and/or services, as well as for placing an order is free of charge for the Buyer.
4. SUBJECT OF OFFER
4.1. 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.
4.2. 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 Store independently by self-pickup. When placing an order, the Buyer is given the right to choose the delivery method.
4.3. The provisions of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On the 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 shall apply to the relations between the Buyer and the Online Store.
4.4. An individual or legal entity is considered to have accepted all the terms of the Offer (acceptance) and appendices thereto 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 the event of acceptance of the Offer, an individual or legal entity is considered to have concluded a Sale and Purchase Agreement with the Online Store for the ordered goods, works and/or services and acquires the status of the Buyer.
5. PROCEDURE FOR CONCLUDING A SALE AND PURCHASE AGREEMENT
5.1. The buyer can place an order independently on the website of the online store, or through a specialist of the online store by phone, indicated on the website, under the terms of the Purchase and Sale Agreement.
5.2. When placing an order on the website of the Online Store, the Buyer is required to provide the following information:
· Full name, IIN (for individuals) or full name, BNN (for legal entities);
· delivery address of the Goods;
· contact telephone number and email address of the Buyer of the Goods.
5.3. The Buyer expresses his/her will by entering the relevant data into the order form on the website of the Online Store, or by submitting an application through a specialist of the Online Store using information and telecommunications means or by e-mail.
5.4. The online store does not edit information about the Buyer.
5.5. To receive a paper copy of the Purchase and Sale Agreement, the Buyer sends a request by e-mail or by another method agreed upon with the Online Store specialist by phone, indicated on the Online Store website.
6. PRODUCT INFORMATION
6.1. Goods, works and/or services are provided for display on the website of the Online Store through graphic images-samples and are the property of the Online Store.
6.2. Each graphic image and sample is accompanied by text information: name, size range (if necessary), price and description.
6.3. All information materials presented on the website of the Online Store are for reference only and cannot fully convey information about the properties and characteristics of the goods, works and/or services, including colors, sizes, shapes, etc. If the Buyer has questions regarding the properties and characteristics of the goods, works and/or services, the Buyer must contact the Online Store specialist by phone at the numbers indicated on the website before placing an order.
6.4. At the request of the Buyer, the specialist of the Online Store is obliged to provide (by telephone or via e-mail) other information that is necessary and sufficient, from the Buyer’s point of view, for him to make a decision on the purchase of goods, works and/or services.
6.5. The Buyer is notified that by purchasing goods, works and/or services at a discount established due to deficiencies (defects) in the goods, works and/or services, the Buyer loses the right to refer to such deficiencies (defects) in the future.
6.6. The Buyer is notified by the Online Store that the goods, works and/or services indicated in the invoice for payment as separate items are in any case not a set.
7. PROCEDURE FOR PURCHASING PRODUCTS
7.1. 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 service in the event of promotions, withdrawal of products, work and/or services from sale, etc.
7.2. The order can be placed by the Buyer by phone, indicated on the website, or placed independently on the website.
7.3. After placing the order, the Online Store confirms the Buyer's order by sending information to the Buyer's e-mail confirming the acceptance of the order, indicating the name, size, price of the selected product, characteristics of the work and/or services and the total amount of the order, or a specialist from the Online Store contacts the Buyer by telephone to clarify the necessary characteristics of the goods, work and/or services.
7.4. If the product is not in stock, the online store specialist is obliged to notify the Buyer about this (by phone or via e-mail).
7.5. The buyer has the right to make a preliminary order for goods that are temporarily out of stock.
7.6. If the product is not in stock, the Buyer has the right to replace it with another product or cancel the order.
7.7. The delivery period for the goods shall not exceed 30 (thirty) calendar days and shall begin to be calculated on the day following the receipt by the Online Store of the notification of the Buyer’s intention to purchase the goods on the terms offered by the Online Store.
8. PRICE OF GOODS, WORKS AND/OR SERVICES
8.1. The price indicated on the website of the online store is indicated in the currency on which the cursor is indicated (upper right corner), including in tenge of the Republic of Kazakhstan per unit.
8.2. The price indicated on the website may be changed by the Online Store unilaterally, however, the price for the goods, works and/or services ordered and paid for by the Buyer is not subject to change.
8.3. The total cost of the order consists of the catalog price, the cost of delivery, if necessary, lifting to the floor and installation (assembly).
8.4. 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 indicated in the “Payment and Delivery” section.
9. PAYMENT FOR GOODS
9.1. The methods and procedure for paying for the goods are indicated on the website in the section "Payment and Delivery". If necessary, the procedure and terms of payment for the order are discussed by the Buyer with the specialist of the Online Store.
9.2. In case of cash payment, the Buyer is obliged to pay the price of the order to the Online Store at the time of transfer of 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 the works and/or provide the services.
9.3. Payment by bank transfer is made according to the issued invoice within 3 (three) working days from the date of such invoice. After the funds have been received into the account of the Online Store, the Online Store specialist agrees with the Buyer on the delivery date. In case of non-cash payment, the Buyer's obligation to pay the price of the order is considered fulfilled from the moment the corresponding funds are credited to the bank account specified by the Online Store.
9.4. The buyer pays for the order using any method available on the website of the online store.
9.5. Payments by the Parties for the order shall be made in tenge of the Republic of Kazakhstan.
10. DELIVERY OF GOODS
10.1. The methods, procedure and terms of delivery of the goods are indicated on the website in the section "Payment and Delivery". The procedure and terms of delivery of the ordered goods are discussed by the Buyer with the specialist of the Online Store.
10.2. Pickup of goods:
10.2.1. The online store, having received notification of the placed order, confirms its receipt by phone or e-mail from the Buyer and agrees with him the date of pick-up of the goods.
10.2.2. The Buyer pays (in case of cash payment) and receives the order at the location of the warehouse of the Online store. The addresses, contacts and working hours of the warehouses are indicated on the website of the Online store in the "Contacts" section). In case of non-cash payment, the Online store additionally confirms by phone or by e-mail the fact of crediting the payment for the order to the bank account of the Online store and only then agrees with the Buyer the date of pickup of the goods.
10.2.3. The right of ownership and the risk of accidental destruction, loss or damage to the goods shall pass to the Buyer from the moment the goods are transferred to the Buyer or his Representative.
10.3. Delivery of goods by the online store:
10.3.1. The transfer of ownership and the risk of accidental destruction, loss or damage to the goods shall pass 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 the goods (consignment note).
10.4. Delivery of goods by Carrier:
10.4.1. The ownership right and the risk of accidental destruction, loss or damage to the goods shall pass from the Online Store to the Buyer or the Carrier (in accordance with the agreement concluded between the Buyer and the Carrier) from the moment of transfer of the goods to the Carrier at the place of execution of the agreement upon signing by the Parties of the act of acceptance and transfer of the goods (consignment note and/or transport invoice and/or consignment note).
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 transferred to the Carrier.
10.4.3. The cost of delivery of goods within each order is calculated based on the weight and volume of all ordered goods, the order delivery address, the carrier's rates and is paid by the Buyer independently.
10.5. The buyer is obliged to accept the goods in quantity and assortment at the time of their acceptance.
10.6. Upon receipt of the goods, the Buyer must, in the presence of a representative of the Online Store (carrier), check that the goods correspond to the consignment note, verify the quantity, quality, and completeness of the goods by the name of the goods.
10.7. When accepting the goods, the Buyer or Representative confirms with his signature on the consignment note that he has no complaints about the appearance and completeness of the goods.
11. PRODUCT WARRANTY
11.1. The warranty period for the product is specified by default by the Supplier of the product, or in the warranty card enclosed in the product packaging, unless otherwise provided by agreement of the parties. The warranty does not apply to products that are not used for their intended purpose or in violation of the operating standards and rules established for this type of product, as well as those defined by this Offer and the Purchase and Sale Agreement.
12. RETURN OF PRODUCT
12.1. The buyer has the right to refuse the goods at any time before their transfer, and after the transfer of the goods - within 14 (fourteen) calendar days, in the manner and under the conditions stipulated by the Law of the Republic of Kazakhstan "On the Protection of Consumer Rights of the Republic of Kazakhstan".
12.2. Return of goods of proper quality is possible if their presentation (packaging), consumer 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 the act of acceptance and transfer of the Goods.
12.3. The Buyer has no right to refuse a product of proper quality that has individually defined properties if the said product can be used exclusively by the Buyer who purchases it (including non-standard (at the Buyer's request) sizes, etc.). Confirmation that the item has individually defined properties is the difference in the filling and size of the product from the filling and size indicated in the online store.
12.4. Return of goods, in cases stipulated by law and this Agreement, is made to the addresses indicated on the website in the “Contacts” section.
12.5. If the Buyer refuses a product of proper quality, the Online Store shall return to him the amount paid in accordance with the contract, with the exception of the Online Store's expenses for delivery of the returned product from the Buyer, no later than 15 (fifteen) calendar days from the date of the Buyer's submission of the relevant demand.
12.6. If the refund is not made simultaneously with the return of the goods, the refund of the specified amount is made by the Online Store in cash at the location of the Online Store, or by transfer to the bank account of the Online Store from which the payment for the goods was made or another account provided by the Buyer.
12.7. The method of refund specified in this paragraph may be used by the Online Store in other cases of refund provided for by this Offer and the legislation of the Republic of Kazakhstan.
13. LIABILITY OF THE PARTIES
13.1. The parties are liable in accordance with the legislation of the Republic of Kazakhstan.
13.2. The online store shall not be liable 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.
13.3. The Parties shall be released from liability for failure to perform or improper performance of obligations under the Offer for the duration of the force majeure circumstances.
14. OTHER TERMS AND CONDITIONS
14.1. The relations between the Buyer and the Online Store are subject to the rules defined by the legislation of the Republic of Kazakhstan.
14.2. If necessary, the Online Store and the Buyer have the right at any time to execute a contract of sale and purchase of goods in the form of a written bilateral agreement that does not contradict the provisions of this Offer.
14.3. In case of any questions or claims from the Buyer, the latter must contact the Online Store at the address of the Online Store location www.chupa.kz . and/or by e-mail: vasiliy@mishonin.kz and/or by phone number: specified on the website of the Online Store.
14.4. This Offer shall enter into force on the date of its acceptance by the Buyer and shall remain in effect until the Parties have fully fulfilled their obligations under it.
14.5. All disputes and disagreements arising during the performance by the Parties of their obligations under this Offer shall be resolved by holding negotiations, and if it is impossible to resolve them through negotiations, the Parties have the right to seek resolution of such disputes in the judicial bodies of the Republic of Kazakhstan at the location of the Online Store.
14.6. The online store reserves the right to expand and reduce the product offering on the site, regulate access to the purchase of any goods, works and/or services, and suspend or terminate the sale of any goods, works and/or services at its sole discretion.
15. ADDRESS AND DETAILS OF THE ONLINE_SHOP
Name: TOO " Chupa . kz "
Legal address: Republic of Kazakhstan, Astana, Saryarka district, Saryarka Ave., 28.
BIN: 241240021289
current account in tenge: KZ 638562203145112878
current account in rubles:
in the bank: JSC Bank Center Credit
BIC: KCJBKZKX
Bank BIN: 980640000093
OKPO: 38761500