Public Offer Agreement
For the purchase of goods through the online store selenaqosmo.com
Public offer
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This agreement between the SELENA QOSMO online store, hereinafter referred to as the "Online Store", and the user of the online store services, hereinafter referred to as the "Buyer" defines the conditions for the purchase of goods through the online store's website https://selenaqosmo.com/
1. General provisions
1.1. ИП Кочерова А.А. publishes this purchase and sale agreement, which is a public offer agreement (offer) addressed 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 Republic of Kazakhstan).
1.2. This public offer (hereinafter referred to as the "Offer") defines all essential conditions the agreement between ИП Кочерова А.А. and the person who accepted the Offer.
1.3. This agreement is concluded between the Buyer and the online store at the time of placing the order.
1.4. The offer can be accepted by any natural or legal person in the territory of the Republic of Kazakhstan who intends to purchase goods and/or services sold/ provided by ИП Кочерова А.А. through the online store located on the website https://selenaqosmo.com/
1.5. The Buyer unconditionally accepts all the terms 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 agreement (i.e. the public offer of the online store), the natural or legal person making the acceptance of the offer becomes the Buyer.
1.7. Acceptance is the receipt by the Seller of a message about the intention of an individual or legal entity to purchase goods on the terms proposed by the Seller.
1.8. The offer, all appendices to it, as well as all additional information about the goods/ services of IP ИП Кочерова А.А. , is published on the website https://selenaqosmo.com/
2. The status of the online store
2.1. The SELENA QOSMO online store is the property of ИП Кочерова А.А. and is designed to organize a remote method of selling goods via the Internet.
2.2. Transactions of the online store are regulated by the purchase and sale agreement (see below) on the terms of the public offer, posted at https://selenaqosmo.com/. After accepting the offer (i.e. paying for an order placed in the online store), the Buyer receives ownership of the goods under 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. Buyer's status
3.1. The Buyer is responsible for the accuracy of the information provided at the time of ordering, and its purity from third-party claims.
3.2. The Buyer confirms his agreement with the terms established by this Agreement by putting a mark in the column "I have read the terms of the Agreement in full, all the terms of the Agreement are clear to me, I agree with all the terms of the Agreement" when placing an order.
3.3. The information provided by the Buyer is confidential. By submitting their personal data, registering on the website or filling out an application, the buyer gives his consent to the processing of his personal data in order to fulfill the user agreement. The Online store uses information about the Buyer solely for the purpose of functioning of the online store (sending a notification to the Buyer about the completion of the order, etc.) and in the cases specified in this Offer Agreement.
3.4. The Goods are purchased by the Buyer exclusively for personal, family, and household needs not related to the implementation of entrepreneurial activities. The use of the online store's resource for viewing and selecting goods, as well as for placing an order, is free of charge for the Buyer.
4. The subject of the offer
4.1. The Seller, on the basis of the Buyer's orders, sells the 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. The 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 pick up the goods from the Seller's warehouse independently (pickup). The buyer is given the right to choose the delivery method when placing an order.
4.3. The provisions of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan dated 05/04/2010 N 274-IV "On Consumer Rights Protection", as well as other regulatory legal acts adopted in accordance with them, apply to the relationship between the Buyer and the Seller.
4.4. An individual or legal entity is considered to have accepted all the terms of the offer (acceptance of the offer) and its annexes in full and without exception from the moment the Seller receives a notification of the Buyer's intention to purchase the goods on the terms proposed by the Seller. In case of acceptance of the offer, an individual or legal entity is considered to have concluded a purchase and sale agreement with the Seller for the ordered goods and acquires the status of a Buyer.
5. The 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 the manager at the phone numbers indicated on the website, under the terms 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) The Buyer of the Product;
The delivery address of the Product;
The contact phone number and e-mail address of the Buyer of the Product.
5.3. The Buyer's will is expressed 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.
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 an application by e-mail or phone number indicated on the website.
6. Product Information
6.1. The product is presented on the website through graphic images-samples that are the property of the online store.
6.2. Each graphic sample image is accompanied by textual information: name, size range (if necessary), price and description of the product.
6.3. All information materials presented in the online store are for reference purposes and cannot 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 product, the Buyer must contact the Seller at the phone numbers listed on the website before placing an order.
6.4. At the request of the Buyer, the manager of the online store is obliged to provide (by phone or by e-mail) other information necessary and sufficient, from the Buyer's point of view, for him to make a decision on the purchase of goods.
6.5. The Buyer is notified that by purchasing the product at a discount established in connection with its shortcomings (defects), he loses the right to refer to them in the future.
6.6. The Buyer is notified by the Seller that the product indicated in the invoice by separate items in any case is not a set.
7. The procedure for the purchase of goods
7.1. The Buyer has the right to place an order for any product presented in the online store. Each product can be ordered in any quantity. Exceptions to this rule are indicated in the description of each product in case of promotions, withdrawal of goods from sale, etc.
7.2. The order can be placed by the Buyer using the phone numbers indicated on the website, or it can be placed independently on the website.
7.3. After placing an order, the Seller confirms the Buyer's order by sending information to the Buyer's e-mail confirming acceptance of the order, indicating the name, size, price of the selected product and the total amount of the order, or the manager of the online store contacts the Buyer by phone.
7.4. If the goods are not in stock, the manager of the online store is obliged to inform the Buyer about this (by phone or by e-mail).
7.5. The Buyer has the right to make a pre-order for a product that is temporarily out of stock.
7.6. In the absence of the product, the Buyer has the right to replace it with another product or cancel the order.
7.7. The delivery time of the goods is no more than 30 days and begins to be calculated on the next day after the Seller receives a notification of the Buyer's intention to purchase the goods on the terms proposed by the Seller.
8. The price of the product
8.1. The price of the goods in the online store is indicated in tenge of the Republic of Kazakhstan per unit of goods.
8.2. The price of the goods indicated on the website can be changed unilaterally by the online store, while the price of the goods ordered and paid for by the Buyer is not subject to change.
8.3. The total cost of the order consists of the catalog value of the goods and the cost of delivery.
8.4. The cost of services provided to the Buyer by the Seller when purchasing goods in the online store is indicated in the section "Payment methods" and "Delivery methods".
9. Payment for the goods
9.1. The methods and procedure of payment for the goods are indicated on the website in the section "Payment methods" and "Delivery methods". If necessary, the procedure and terms of payment for the ordered goods are 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 time of its transfer by transferring money to the representative of the online store who will deliver the goods.
9.3. Payment by bank transfer is made according to the issued invoice within three banking days. After the funds are credited to the Seller's account, the manager of the online store agrees with the Buyer on the delivery time. In case of non-cash payment, the Buyer's obligation to pay the price of the goods is considered fulfilled from the moment the corresponding funds are credited to the settlement account specified by the Seller.
9.4. The Buyer pays for the order in any way selected in the online store.
9.5. The calculations of the Parties when paying for the order are carried out in tenge of the Republic of Kazakhstan.
10. Delivery of the goods
10.1. The methods, procedure and terms of delivery of the goods are indicated on the website in the section "Payment methods" and "Delivery methods". The order and terms of delivery of the ordered goods are negotiated by the Buyer with the manager of the online store.
10.2. Pick-up of goods:
10.2.1. Upon receipt of the notification of the placed order, the Seller confirms its receipt by phone or by e-mail of the Buyer and agrees with him the date of pickup of the goods.
10.2.2. The Buyer pays (in cash) and receives the order at the location of the Seller's warehouse. In case of non-cash payment, the Seller additionally confirms by phone or by e-mail of the Buyer that the payment of the order has been credited to the Seller's current account and only after that agrees with the Buyer on the date of pickup of the goods.
10.2.3. The right of ownership and the risk of accidental loss, loss or damage to the goods passes to the Buyer from the moment the goods are transferred to the Buyer or his Representative.
10.3. Delivery of the goods by the Seller:
10.3.1. 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 Representative at the place of execution of the contract from the moment the Parties sign the act of acceptance of the goods (consignment note.)
10.3.2. Upon delivery, the goods are handed over to the Buyer or Representative.
10.4. Delivery of the goods by the Carrier:
10.4.1. The right of ownership and the risk of accidental loss, loss or damage to the goods passes 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 transferred to the Carrier at the place of performance of the contract when the Parties sign the act of acceptance of the goods (consignment note and/or bill of lading and/or goods transport invoice).
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 the 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.
10.5. The Buyer is obliged to accept the goods in terms of quantity and assortment at the time of acceptance.
10.6. Upon receipt of the goods, the Buyer must, in the presence of a representative of the Seller (carrier), check its compliance with the consignment note, verify the quantity, quality, completeness of the goods by the name of the goods.
10.7. Upon acceptance of 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. Guarantees for the goods
11.1. The warranty period for the goods is 14 (fourteen) days from the date of transfer of the goods to the Buyer or his Representative, unless otherwise provided by an additional agreement. The warranty does not apply to products that are operated for other purposes or in violation of the rules and regulations of operation established for this type of product, as well as those defined by this agreement.
12. Return of the product
12.1. The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within 14 days, in accordance with the procedure and under the conditions provided for by the Law of the Republic of Kazakhstan "On Consumer Rights Protection of the Republic of Kazakhstan".
12.2. The return of goods of proper quality is possible if its presentation (packaging) is preserved, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product.
12.3. The Buyer does not have the right to refuse goods of proper quality having individually defined properties if the specified product can be used exclusively by the Buyer purchasing it (including non-standard (at the request of the Buyer) dimensions, etc.). Confirmation that the thing has individually defined properties is the difference in the filling and dimensions of the goods filling and dimensions specified in the online store.
12.4. The return of the goods, in cases provided for by law and this Agreement, is made to the addresses indicated on the website in the "Contacts" section.
12.5. If the Buyer refuses the goods of proper quality, the Seller returns to him the amount paid in accordance with the agreement, with the exception of the Seller's costs for the delivery of the returned goods from the Buyer, no later than 15 days from the date of the Buyer's submission of the relevant claim.
12.6. If 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 Seller 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 another account notified by the Buyer.
12.7. The refund method specified in this paragraph may be used by the Seller in other cases of refund provided for in this agreement and the legislation of the Republic of Kazakhstan.
13. Liability of the parties
13.1. The parties are responsible in accordance with the legislation of the Republic of Kazakhstan.
13.2. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the goods ordered from the online store.
13.3. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the agreement for the duration of force majeure.
14. Other conditions
14.1. The legislation of the Republic of Kazakhstan applies to the relations between the Buyer and the Seller.
14.2. If necessary, the Seller and the Buyer have the right at any time to issue a contract for the purchase and sale of goods in the form of a written bilateral agreement that does not contradict the provisions of this offer.
14.3. In case of questions and complaints from the Buyer, he should contact the sales department of ИП «Кочеров А.А.» at the address: Republic of Kazakhstan, Karaganda, Orbita 17/2 microdistrict, phone: +77018053266 or e-mail: selena.sulu@gmail.com.
14.4. This agreement comes into force from the date of acceptance by the Buyer of this offer and is valid until the Parties fully fulfill their obligations.
14.5. All disputes and disagreements arising from the performance of obligations by the Parties under this agreement shall be resolved through negotiations. If it is impossible to eliminate them, the Parties have the right to seek judicial protection of their interests.
14.6. The online store reserves the right to expand and reduce the product offer on the site, regulate access to the purchase of any goods, as well as suspend or terminate the sale of any goods at its sole discretion.
15. Address and details of the seller
Name: ИП «Кочеров А.А.»
Legal address: Республика Казахстан, г. Караганда, микрорайон Орбита 1 дом 17/2
БИН: 681112300180
р/с в тенге: KZ256010002138214817
в банке: АО "Народный Банк Казахстана"
БИК: HSBKKZKX
КБе: 19
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