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PUBLIC OFFER AGREEMENT

Online store Janna Richi

This agreement between the Internet - store Janna Richi (IE Muzdybaeva J.A.), hereinafter referred to as “Internet store, and the user of services of the Internet store, hereinafter referred to as ‘Buyer’ defines the terms of purchase of goods through the site of the Internet store www.jannarichi.kz.
1. GENERAL PROVISIONS
1.1. Janna Richi publishes this contract of sale, which is a public contract - offer (proposal) to individuals and legal entities in accordance with Article 447 of the Civil Code of the Republic of Kazakhstan (hereinafter - the Civil Code of the RK).
1.2 This public offer (hereinafter referred to as the “Offer”) defines all material terms of the contract between Janna Richi and the person who has accepted the Offer.
1.3 This contract is concluded between the Buyer and the online store at the time of order placement.
1.4 The Offer may be accepted by any individual or legal entity in the territory of the Republic of Kazakhstan with the intention to purchase goods and/or services sold/provided by Janna Richi through the online store located at www.jannarichi.kz.
1.5 The Buyer unconditionally accepts all the terms and conditions contained in the offer as a whole (i.e. in full and without exception).
1.6 In case of acceptance of the terms of this agreement (i.e. public offer of the online store), the individual or legal entity making the acceptance of the offer becomes the Buyer.
1.7 Acceptance is the receipt by the Seller of a message of the intention of an individual or legal entity to purchase the goods on the terms offered by the Seller.
1.8. The Offer, all annexes to it, as well as all additional information about the goods/services of Janna Richi, published on the website www.jannarichi.kz.
2. STATUS OF THE ONLINE STORE
2.1 The online store Janna Richi is the property of IE “Muzdybaeva J.A.” and is designed to organize a remote way of selling goods through the Internet.
2.2 Online store transactions are governed by the contract of sale (see below) on the terms of the public offer, posted at www.jannarichi.kz. By accepting the offer (i.e. by paying for the order placed in the online store), the Buyer takes possession of the goods on the terms of the Purchase and Sale 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 BUYER
3.1 The Buyer is responsible for the accuracy of the information provided when placing the order and its purity from claims of third parties.
3.2 The Buyer confirms his agreement with the terms and conditions set forth in this Agreement 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 the order.
3.3 The information provided by the Buyer is confidential. The Buyer by providing his personal data, registering on the site or filling out an application gives his consent to the processing of his personal data for the purposes of execution of the user agreement. 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 Agreement-Offer.
3.4 The goods are purchased by the Buyer exclusively for personal, family, household needs, not related to business activities. The use of the resource of the online store for viewing and selecting goods, as well as for placing an order is free of charge for the Buyer.
4. SUBJECT OF THE OFFER
4.1 The Seller, on the basis of the Buyer's orders, sells goods to the Buyer in accordance with the terms and at the prices set by the Seller in the offer and its annexes.
4.2 Delivery of goods ordered and paid for by the Buyer shall be carried out by the Seller or the Carrier. The Buyer has the right to collect the goods from the Seller's warehouse by himself (self-delivery). When placing an order, the Buyer is given the right to choose the method of delivery.
4.3 The provisions of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan dated 04.05.2010 N 274-IV “On Protection of Consumer Rights”, as well as other regulatory legal acts adopted in accordance with them shall apply to the relations between the Buyer and the Seller.
4.4 An individual or legal entity shall be deemed to have accepted all terms and conditions of the offer (acceptance of the offer) and its annexes in full and without exceptions from the moment of receipt by the Seller of a notice of the Buyer's intention to purchase the goods on the terms offered by the Seller. In case of acceptance of the offer, an individual or legal entity shall be deemed to have entered into a contract of sale of the ordered goods with the Seller and shall acquire the status of the Buyer.
5. PROCEDURE FOR CONCLUDING A PURCHASE AND SALE AGREEMENT
5.1 The Buyer can place an order independently on the website of the online store, or through a manager by phone numbers listed on the website, on the terms and conditions of the Purchase and Sale Agreement (public offer of the online store).
5.2 When placing an order in the online store, the Buyer is obliged to provide information about himself:
- Full name (for individuals) or full name, TIN (for legal entities) of the Buyer of the Goods;
- delivery address of the Goods
- contact phone number and e-mail of the Buyer of the Goods.
5.3 The Buyer's expression of will is carried out by entering the relevant data into the order form in the online store or by submitting an application through the manager of the online store or by e-mail (e-mail).
5.4 The online store does not edit the information about the Buyer.
5.5 To receive a paper copy of the Purchase and Sale Agreement, the Buyer sends an application by e-mail or phone number specified on the website.
6. PRODUCT INFORMATION
6.1 The goods are presented on the site through graphic images-samples, which are the property of the online store.
6.2 Each graphic image-sample is accompanied by text information: name, size range (if necessary), price and description of the product.
6.3 All information materials presented in the online store are of reference nature and can not fully convey information about the properties and characteristics of the product, including colors, sizes and shapes. If the Buyer has any questions regarding the properties and characteristics of the goods, the Buyer should contact the Seller by phone numbers indicated on the website before placing an order.
6.4 At the Buyer's request, the online store manager is obliged to 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.
6.5 The Buyer is notified that by purchasing the goods at a discount established in connection with its shortcomings (defects), he is deprived of the right to refer to them in the future.
6.6 The Buyer is notified by the Seller that the goods indicated in the invoice as separate items are in any case not a set.
7. ORDER OF PURCHASE OF GOODS
7.1 The Buyer has the right to place an order for any product presented in the online store.
7.2 The order can be placed by the Buyer by phone numbers indicated on the website or placed independently on the website.
7.3 If the product is out of stock, the online store manager is obliged to inform the Buyer about it (by phone or e-mail).
8. PRICE OF GOODS
8.1 The price of goods in the online store is specified in tenge of the Republic of Kazakhstan per unit of goods.
8.2 The price of goods specified on the site can be changed unilaterally by the online store, in this case the price of the goods ordered and paid by the Buyer is not subject to change.
8.3 The full cost of the order consists of the catalog price of the goods, the cost of delivery and the cost of lifting to the floor.
8.4 The cost of services provided to the Buyer by the Seller when purchasing goods in the online store is specified in the section “Payment and Delivery”.
9. PAYMENT OF GOODS
9.1 Methods and procedure of payment for the goods are specified on the website in the section “Payment and Delivery”. If necessary, the order and terms of payment for the ordered goods shall be negotiated by the Buyer with the manager of the online store.
9.2 In case of cash payment the Buyer is obliged to pay the Seller the price of the goods at the moment of its transfer by handing over the money to the representative of the online store, who will deliver the goods.
9.3 Cashless payment is made according to the issued invoice within three banking days. After the money has been transferred to the Seller's account, the online store manager will agree with the Buyer on the delivery date. In case of cashless payment, the Buyer's obligation to pay the price of the goods shall be deemed to be fulfilled from the moment the relevant funds are credited to the settlement account specified by the Seller.
9.4 The Buyer shall pay for the order by any method selected in the online store.
9.5 The Parties' payments for the order shall be made in the tenge of the Republic of Kazakhstan.
10. DELIVERY OF GOODS
10.1 The methods, procedure and terms of delivery of goods are specified on the website in the section “Payment and Delivery”. The cost of delivery is not included in the price of the Goods and shall be paid by the Buyer separately. The order and terms of delivery of the ordered goods are negotiated by the Buyer with the manager of the online store.
10.2 Self-delivery of goods:
10.2.1 The Buyer pays (in case of cash payment) and receives the order at the location of the Seller's warehouse. Addresses, contacts and working hours of warehouses are specified on the Seller's website in the “Contacts” section). In case of cashless form of payment the Seller additionally confirms by phone or e-mail of the Buyer the fact of crediting the order payment to the Seller's settlement account and only then agrees with the Buyer the date of the goods pickup.
10.2.2 Title and risk of accidental loss, loss or damage of the goods shall be transferred to the Buyer from the moment of transfer of the goods to the Buyer or his Representative.
10.3 Delivery of the goods by the Seller:
10.3.1 Title and risk of accidental destruction, loss or damage of the goods shall pass to the Buyer from the moment of transfer of the goods to the Buyer or the Representative at the place of fulfillment of the contract from the moment of signing by the Parties of the act of acceptance of the goods (delivery note.).
10.3.2 Upon delivery, the goods shall be handed over to the Buyer or the Representative.
10.4 Delivery of the goods by the Carrier:
10.4.1 Title and risk and risk of accidental destruction, loss or damage to the goods shall pass from the Seller to the Buyer or the Carrier (in accordance with the contract concluded between the Buyer and the Carrier) from the moment of delivery of the goods to the Carrier at the place of execution of the contract upon signing by the Parties of the goods acceptance certificate (delivery note and/or bill of lading and/or bill of lading).
10.4.2 The obligation to transfer the goods to the Buyer, including cl. 10.4.1., shall be deemed to have been fulfilled from the moment the goods are handed over 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 delivery address of the order, the carrier's rates and shall be paid by the Buyer himself.
10.5 The Buyer is obliged to accept the goods in terms of quantity and assortment at the moment of their acceptance.
10.6 Upon receipt of the goods, the Buyer shall, in the presence of a representative of the Seller (carrier), check their compliance with the delivery note, verify the quantity, quality and completeness of the goods by the name of the goods.
10.7 Upon acceptance of the goods, the Buyer or the Representative shall confirm with his signature in the delivery note that he has no claims to the appearance and completeness of the goods.
11. WARRANTIES FOR THE GOODS
11.1 The warranty period for the goods shall be 6 (six) months from the date of delivery of the goods to the Buyer or his Representative, unless otherwise provided for by an additional agreement. The warranty does not apply to products that are not used for their intended purpose or in violation of the norms and rules of operation established for this type of goods, as well as those specified in this contract.
12. RETURN OF GOODS
12.1 The Buyer has the right to refuse the goods at any time before its transfer, and after the transfer of goods - within 14 days, in the manner and on the terms 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 in case if its trade dress (packaging), consumer properties, as well as the document confirming the fact and conditions of purchase of the specified goods are preserved.
12.3 The Buyer shall not have the right to refuse the goods of proper quality having individually defined properties, if the said goods can be used exclusively by the Buyer purchasing them (including non-standard (at the request of the Buyer) sizes, etc.). Confirmation of the fact that the item has individually defined properties is the difference between the filling and dimensions of the goods to the filling and dimensions specified in the online store.
12.4 The return of goods, in cases provided for by law and this Agreement, shall be made to the addresses specified on the website in the “Contacts” section.
12.5 If the Buyer rejects the goods of proper quality, the Seller shall refund the amount paid in accordance with the contract, except for the Seller's expenses for delivery of the returned goods from the Buyer, not later than 15 days from the date of the Buyer's request.
12.6 If the refund is not made simultaneously with the return of the goods, the Seller shall refund the said amount in cash at the Seller's location, or by transfer to the Buyer's bank account from which the payment for the goods was made or other account notified by the Buyer.
12.7 The method of refund specified in this clause may be used by the Seller in other cases of refund provided by this agreement and the legislation of the Republic of Kazakhstan.
13. LIABILITY OF THE PARTIES
13.1 The Parties shall be liable in accordance with the laws of the Republic of Kazakhstan.
13.2 The Seller shall not be liable for any damage caused to the Buyer as a result of improper use of the goods ordered in the online store.
13.3 The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the contract for the duration of force majeure.
14. OTHER TERMS AND CONDITIONS
14.1 The laws of the Republic of Kazakhstan shall apply to the relations between the Buyer and the Seller.
14.2 If necessary, the Seller and the Buyer may at any time execute a contract of sale of goods in the form of a written bilateral agreement not contradicting the provisions of this offer.
14.3 In case of questions and claims from the Buyer, he should contact the sales department of Janna Richi at the address: 35 Varlamova Street, Almaty, by phone.
14.4 This contract shall come into force from the date of acceptance by the Buyer of this offer and shall remain in force until full fulfillment of obligations by the Parties.
14.5 All disputes and disagreements arising in the course of fulfillment of obligations under this agreement by the Parties shall be settled by negotiations. In case of impossibility of their elimination, the Parties have the right to apply for judicial protection of their interests in court at the location of the Seller.
14.6 The online store reserves the right to expand and reduce the product offer on the site, to regulate access to purchase any goods, as well as to suspend or terminate the sale of any goods at its own discretion.
15. ADDRESS AND DETAILS OF THE SELLER
Name: IE Muzdybaeva J.A.
Legal address: 35, Varlamov str., Almaty city

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