EMPIRE OF GIFTS. The visiting card of Kazakhstan since 2006
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PUBLIC OFFER AGREEMENT
of EMPIRE Internet Store
This Agreement between EMPIRE Internet Store, hereinafter referred to as the Internet Store/Seller, and the user of the services of the Internet Store, hereinafter referred to as the Purchaser, determines the terms and conditions for purchasing the goods through the website of EMPIRE Internet Store.
1. GENERAL TERMS AND CONDITIONS
1.1. IE Imperiya Podarkov KZ (Empire of Gifts KZ) (IIN 890724400076) and IE SUVENIRY KAZAKHSTANA (SOUVENIRS OF KAZAKHSTAN) (IIN 960802300128) (hereinafter – the Company) public this Sale and Purchase Agreement, which is a public offer agreement (proposal) for individuals and legal entities, in accordance with Article 447 of the Civil Code of the Republic of Kazakhstan (hereinafter – the RK CC).
1.2. This public offer (hereinafter – the Offer) determines all of material terms and conditions of the Agreement between EMPIRE Internet Store and a person accepted the Offer.
1.3. This Agreement is entered into by and between the Purchaser and the Internet Store when an order is made.
1.4. The Offer may be accepted by any individual or legal entity in the Republic of Kazakhstan intending to purchase the goods sold/provided by the Company through the Internet Store on website https://empire.kz.
1.5. The Purchaser shall irrevocably accept all of the terms and conditions contained in the Offer in general (i.e. in full and without exception).
1.6. In the event the terms and conditions of this Agreement are accepted (i.e. public offer of the Internet Store), an individual or a legal entity accepting the Offer shall become the Purchaser.
1.7. An acceptance shall mean the Internet Store/Seller's receipt of a communication of an intention of an individual or a legal entity to purchase the goods subject to the terms and conditions offered by the Seller.
1.8. The Offer, all annexes hereto, as well as all additional information about the goods of the Company, are published on the website https://empire.kz.
2. STATUS OF THE INTERNET STORE
2.1. The Internet Store is property of the Company and designed to organize a remote sale of the goods through the Internet.
2.2. Transactions of the Internet Store are regulated by the Sale and Purchase Agreement on the basis of the terms and conditions of a public offer. By accepting the Offer (i.e. paying an order made in the Internet Store), the Purchaser shall get the ownership of the goods subject to the terms and conditions of the Sale and Purchase Agreement.
2.3. The Internet Store shall not be liable for the contents and reliability of the information provided by the Purchaser when making an order.
3. STATUS OF THE PURCHASER
3.1. The Purchaser shall be liable for reliability of the information provided when making an order and absence of any claims of third parties.
3.2. The Purchaser shall confirm its acceptance of the terms and conditions set forth in this Agreement, when making an order by specifying the following condition on a page of an order of the Internet Store: “By making an order you accept the terms and conditions of the offer, user agreement, as well as give consent to process personal data”.
3.3. The information provided by the Purchaser shall be confidential. By providing personal data, registering on the website or completing a request, the Purchaser gives a consent to process his/her/its personal data. The Internet Store shall use the information about the Purchaser only for the purposes of functioning of the Internet Store (sending a notice of execution of an order to the Purchaser, etc.) and in the events specified in this Offer Agreement.
3.4. The goods are purchased by the Purchaser only for personal, family, household needs not associated with entrepreneurial activities. The Purchaser may use the Internet Store resource free of charge to view and select the goods, as well as to make an order.
4. SCOPE OF THE OFFER
4.1. Based on the orders of the Purchaser, the Seller shall sell the goods to the Purchaser in accordance with the terms and at prices as set by the Seller in the Offer and annexes hereto.
4.2. The goods ordered and paid by the Purchaser shall be delivered by the Seller. The Purchaser has the right to pick up by itself the goods from the Seller's warehouse (self-delivery). When making an order, the Purchaser is entitled to select a method of delivery.
4.3. The provisions of the RK CC, Consumer Rights Protection Law of the Republic of Kazakhstan N 274-IV dated 04.05.2010, as well as other regulatory legal acts enacted in accordance with therewith, shall apply to the relationships between the Purchaser and the Seller.
4.4. An individual or a legal entity shall be deemed accepted all of the terms and conditions of the Offer (Offer acceptance) and annexes hereto in full and without exception immediately upon the Seller’s receipt of a communication of the Purchaser's intention to purchase the goods subject to the terms and conditions offered by the Seller. In the event of acceptance of the Offer an individual or a legal entity shall be deemed concluded with the Seller the Agreement for sale and purchase of the goods ordered and shall have the status of the Purchaser.
5. PROCEDURE FOR CONCLUDING THE SALE AND PURCHASE AGREEMENT
5.1. The Purchaser may make an order independently on the website of the Internet Store or through a manager by telephones indicated on the website, subject to the terms and conditions of the Sale and Purchase Agreement (public offer of the Internet Store).
5.2. When making an order in the Internet Store, the Purchaser shall provide the following personal information:
- full name and IIN (individuals) or full name and BIN (legal entities) of the Purchaser of the Goods;
- address to deliver the Goods; and
- contact telephone number and e-mail address of the Purchaser of the Goods.
5.3. The Purchaser shall declare its intention by entering relevant data in a form of an order in the Internet Store or by making a request through a manager of the Internet Store or by e-mail.
5.4. The Internet Store shall not edit the information about the Purchaser.
6. INFORMATION ABOUT THE GOODS
6.1. The goods are presented on the website through graphic sample pictures, which shall be property of the Internet Store.
6.2. Each graphic sample picture shall be accompanied with text information: title, range of sizes (if required), price and description of the goods.
6.3. All information materials presented in the Internet Store shall be for reference and may not provide full information about properties and characteristics of the goods, including colours, sizes and forms. In case the Purchaser has questions relating to properties and characteristics of the goods, the Purchaser shall address the Seller, before making an order, by telephones stated on the website.
6.4. At request of the Purchaser, a manager of the Internet Store shall provide (by telephone or through e-mail) the other information required and sufficient from the viewpoint of the Purchaser to enable him/her/it to make a decision on purchase of the goods.
6.5. The Purchaser is notified by the Seller that the goods specified in an invoice in separate lines are not a set in any case.
7. PROCEDURE FOR PURCHASING THE GOODS
7.1. The Purchaser has the right to make an order for any goods presented in the Internet Store. Each item of the goods may be ordered in any quantity. Exception of the provision set forth is provided for in description of each item of the goods in the event of promotions, discontinuation of sale of the goods, etc.
7.2. An order may be made by the Purchaser by telephones stated on the website or by making it independently on the website.
7.3. After an order is made, the Seller shall confirm an order of the Purchaser by sending to the Purchaser's e-mail the information confirming an acceptance of an order, with indicating description, size, price of selected goods and total amount of an order, or a manager of the Internet Store shall contact the Purchaser by telephone.
7.4. In case the goods are absent in a warehouse, a manager of the Internet Store shall notify the Purchaser (by telephone or through e-mail).
7.5. In the absence of the goods, the Purchaser has the right to replace them with the other goods or cancel an order.
7.6. A period to supply the goods shall not exceed 5 days and shall commence on the next day after the Seller’s receipt of a communication of the Purchaser's intention to purchase the goods subject to the terms and conditions offered by the Seller.
8. PRICE OF THE GOODS
8.1. The price of the goods in the Internet Store is stated in the tenge of the Republic of Kazakhstan for an item of the goods.
8.2. The price of the goods stated on the website may be changed unilaterally by the Internet Store, and the price of the goods ordered and paid by the Purchaser shall not be changed.
8.3. The total cost of an order shall comprise a catalogue price of the goods and the cost of delivery.
8.4. The services provided to the Purchaser by the Seller when purchasing the goods in the Internet Store shall be priced when making an order.
9. PAYMENT FOR THE GOODS
9.1. In the event of payment in cash, the Purchaser shall pay a price of the goods to the Seller when they are transferred, by transfer of money to a representative of the Internet Store delivering the goods.
9.2. An invoice issued shall be paid by cashless settlement within three banking days. After the funds are credited to the Seller's account, a manager of the Internet Store shall agree with the Purchaser upon a term of delivery. In the event of cashless settlement, the Purchaser’s obligation to pay the price of the goods shall be deemed fulfilled immediately upon crediting respective funds to a settlement account stated by the Seller.
9.3. The Purchaser shall pay an order in any manner selected in the Internet Store.
9.4. When paying an order, the payments shall be settled between the Parties shall be made in the tenge of the Republic of Kazakhstan.
10. DELIVERY OF THE GOODS
10.1. The procedure and conditions for delivering the goods ordered shall be stipulated by the Purchaser and a manager of the Internet Store.
10.2. Self-delivery of the goods:
10.2.1. After having received a notice of an order made, the Seller shall confirm the receipt thereof by telephone or through e-mail of the Purchaser and agree with him/her/it a date of the goods self-delivery.
10.2.2. The Purchaser shall pay (in the event of payment in cash) and receive an order at location of the Seller's warehouse. Addresses, contact details and operating hours of the warehouses are stated on the website of the Seller in Contacts section). In the event of cashless settlement, the Seller shall confirm additionally, by telephone or through e-mail of the Purchaser, that the payment of an order is credited to a settlement account of the Seller and only after agree with the Purchaser upon a date of the goods self-delivery.
10.2.3. The title and risk of accidental destruction, loss or damage of the goods shall pass to the Purchaser immediately upon transfer of the goods to the Purchaser or his/her/its Representative.
10.3. Goods delivery by the Seller:
10.3.1. The title and risk of accidental destruction, loss or damage of the goods shall pass to the Purchaser immediately upon transfer of the goods to the Purchaser or a Representative in a place of execution of the Agreement after the Parties sign a certificate of goods acceptance (consignment note).
10.3.2. Upon delivery, the goods shall be served to the Purchaser or a Representative.
10.4. The Purchaser shall accept the goods in terms of quantity and range at the time they are accepted.
10.5. At the time of receipt of the goods, the Purchaser shall examine, in the presence of a representative of the Seller (carrier), whether they conform to a consignment note and make sure of quantity, quality, and complete set of the goods based on a description of the goods.
10.6. At the time of acceptance of the goods, the Purchaser or a Representative shall confirm with his/her signature on a consignment note that he/she has no claim for appearance and complete set of the goods.
11. GUARANTEES FOR THE GOODS
11.1. A guarantee period of use of the goods shall be determined by a guarantee certificate issued with the goods, if a guarantee period is set for such goods according to their particular characteristics. A guarantee shall not apply to articles that are not used for its intended purpose or are used with violation of the standards and rules of use set forth for this type of the goods.
12. RETURN OF THE GOODS
12.1. The Purchaser has the right to reject the goods at any time before they are transferred, and after the goods are transferred – according to the procedure and subject to conditions provided for by the RK Law On Protection the RK Consumer Rights.
12.2. The goods of proper quality may be returned or replaced within fourteen calendar days after purchase of the goods if they are not used, they remain marketable, their use properties are unchanged, seals, labels, etc. remain intact, as well as a document confirming purchase of the goods is submitted.
12.2.1. In case a document confirming purchase of the goods is lost, then the goods shall be replaced or returned provided that the Purchaser proves the purchase from the Seller.
12.3. In case the Purchaser finds out defects in the goods or makes a claim for replacing them, the Seller shall replace them immediately and, if additional examination (expertise) of quality of the goods by the Seller is required, within thirty calendar days after a relevant claim is made.
12.3.1. The goods of poor quality shall be replaced with new similar goods, i.e. the goods that have not been used.
12.4. In case, at the time a claim is made, the Seller has no the goods to be replaced, they shall be replaced within ten calendar days from a day on which such a claim is made.
12.5. In the cases provided for by law and this Agreement, the goods shall be returned to addresses stated on the website in Contacts section.
12.6. In the event the Purchaser rejects the goods of proper quality, the Seller shall refund to him/her/it an amount paid in accordance with the Agreement, except for expenses of the Seller to deliver the goods returned from the Purchaser, no later than fifteen calendar days after a date on which the Purchaser makes a relevant claim.
12.7. In the case an amount is not refunded simultaneously with return of the goods, the amount stated shall be refunded by the Seller in cash at location of the Seller or by transfer to a bank account of the Purchaser from which the goods have been paid.
12.8. The Seller may use also a manner to refund the funds set forth in clause 12.6 of the Agreement in other cases of refund of the funds as provided for by this Agreement and RK legislation.
13. LIABILITY OF THE PARTIES
13.1. The Parties shall bear liability in accordance with the RK legislation.
13.2. The Seller shall not be liable for damage caused to the Purchaser due to his/her/its improper use of the goods ordered in the Internet Store.
13.3. The Parties shall be released from liability for failure to fulfil or improper fulfilment of obligations under the Agreement during a period of effect of the force-majeure.
14. MISCELLANEOUS
14.1. The legislation of the Republic of Kazakhstan shall apply to relationships between the Purchaser and the Seller.
14.2. Where required, the Seller and the Purchaser have the right to execute at any time the Agreement for sale and purchase of the goods in the form of a written bilateral agreement consistent with the provisions of this offer.
14.3. In case the Purchaser has any questions or claims, he/she/it shall address the Sales Department of EMPIRE Internet Store at: 5 Al-Farabi Ave., Business Centre Nurly-Tau, Block 2A, office 702, by telephone: +7 (771) 993 93 03 or e-mail: shop@empire.kz.
14.4. This Agreement shall become effective from a date on which the Purchaser accepts this offer and be valid until the Parties fulfil obligations in full.
14.5. All disputes and disagreements arising while the Parties fulfil obligations under this Agreement shall be settled by negotiations. In case they cannot be settled, the Parties have the right to seek judicial protection of their interests.
14.6. The Internet Store reserves the right to enrich or abridge the goods offer on the website, control an access to purchase of any goods, as well as suspend or discontinue the sale of any goods at its sole discretion.
14.7. This Agreement is typed in the Russian, English, and Kazakh languages. In case of differences in meaning content, the Russian text of the Agreement shall be deemed valid.