Public offer agreement
1. Terms and definitions
1.1. Carefully read the text of the public offer, and if you do not agree with any clause of the offer, you are offered to refuse to purchase the Goods or use the Services provided by the Seller.
1.2. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), this document is a public offer, and in case of acceptance of the conditions set out below, an individual accepting this offer pays for the Seller's Goods in accordance with the terms of this Agreement. In accordance with paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan, payment for the Goods by the Consumer is an acceptance of the offer, which is considered equivalent to concluding the Agreement on the terms set out in the offer. In this agreement, banks and microfinance organizations mean the following banks and microfinance organizations:
- JSC "Halyk Bank of Kazakhstan"
- JSC Eurasian Bank
- TOO "Microfinance organization FREEDOM FINANCE Credit"
- JSC "Kaspi Bank"
- JSC "Bank CenterCredit"
1.3. In this offer, unless the context otherwise requires, the following terms have the following meanings:
- "Offer" - a public offer by the Seller, addressed to any individual/legal entity, to conclude a purchase and sale agreement (hereinafter referred to as the "Agreement") with him/her on the existing terms and conditions contained in the Agreement, including all its appendices.
- "Seller" — Office Design Project LLP, a legal entity registered in accordance with the legislation of the Republic of Kazakhstan at the address: A15G9C6, Republic of Kazakhstan, Almaty, Baisheshek Street, 10
- "Consumer" - an individual or legal entity that has entered into an Agreement with the Seller under the terms and conditions contained in the Agreement.
- “Acceptance” means the full and unconditional acceptance by the Consumer of the terms of the Agreement.
- “Product” — a list of product names presented on the website www.odshop.kz.
- “Order” — individual items from the assortment list of Goods, specified by the Consumer when placing an order on the website www.odshop.kz.
- “Website” – an information system located on the Internet on its own Internet resource with the domain name www.odshop.kz, intended for the sale of Goods to Buyers.
2. Subject of the agreement
2.1. The Seller sells the Goods in accordance with the current price list published on the Seller's website, and the Consumer makes payment and accepts the Goods in accordance with the terms of this Agreement.
2.2. This Agreement and all appendices thereto are official documents of the Seller and an integral part of the Offer.
3. Product price and payment
3.1. The price of the Goods is indicated on the website of the Online Store.
3.2. Before releasing the order, the Seller checks the cost of the goods for compliance with the price, name, etc.
3.3. If the Seller discovers an incorrect or inaccurate price for the Goods ordered and/or paid for by the Consumer, the Seller has the right to:
- Unilaterally change the price of the goods by updating the invoice or order with the current price, in accordance with subparagraph 7 of paragraph 2 of Article 8-1 of the Law on Consumer Rights (by making changes to the Order).
- When the Seller sets the price of the goods specified in paragraph 3.3.1. of the Offer, the Consumer has the right to terminate the Agreement with the Seller (by refusing to pay). If the consumer has not paid the amount within 24 hours from the moment the order is placed, the Agreement is considered terminated by the Consumer.
- In case of failure to pay the full cost of the order, the Agreement is considered terminated, in which case the Seller is obliged to return the money to the Consumer (if it was received).
- The order is cancelled if the Consumer does not contact the Seller.
3.4. Settlements between the Seller and the Consumer for the Goods are made in the ways specified on the website of the Online Store.
3.5. Payment by the Buyer for an Order placed independently on the website means agreement with the Terms of this Agreement. The day of payment for the Order is the date of conclusion of the Offer Agreement between the Seller and the Buyer.
4. Placing an order and terms of execution of the Order
4.1. The order for the Goods is made by the Buyer through the
Odshop.kz website, or through the operator of the online store.
4.2. When placing an Order on the Seller’s website, the Consumer undertakes to provide registration information about himself.
- Last name, first name of the Consumer;
- The address to which the Goods should be delivered (if delivery is to the Consumer’s address);
- Email address;
- Contact phone number
4.3. The name, quantity, range, price of the Product selected by the Consumer are indicated in the Consumer's shopping cart on the website of the Online Store.
4.4. If the Seller requires additional information, it has the right to request it from the Consumer. If the Consumer fails to provide the necessary information, the Seller shall not be liable for the Product selected by the Consumer.
4.5. When placing an Order through the Operator (clause 4.1. of this Offer), the Consumer undertakes to provide the information specified in clause 4.2. of this Offer.
4.6. After placing an Order through the Operator, the Consumer's data is registered in the Seller's database. Having approved the Order for the selected Product, the Consumer provides the Operator with the necessary information in accordance with the procedure specified in clause 4.2. of this Offer. After processing the Consumer's application, the Seller, having checked the availability of the product, shall approve the application by calling the Operator.
4.7. The Seller shall not be liable for the content and accuracy of the information provided by the Consumer when placing an Order.
4.8. The Consumer shall be liable for the accuracy of the information provided when placing an Order.
4.9. The Seller shall not be liable if the Consumer's expectations regarding the consumer properties of the Product are not met.
4.10. All information materials presented on the
Odshop.kz website are for reference only and cannot fully convey reliable information about certain properties and characteristics of the Product, such as: price, color, shape, size and packaging. If the Buyer has any questions regarding the properties and characteristics of the Product, before placing an Order, he/she must seek advice or send a request to the e-mail address.
4.11. The period within which the Seller undertakes to fulfill the Order shall be from one business day. The period for fulfilling the Order depends on the availability of the ordered items of the Product in the Seller's warehouse and the time required to process the Order. In exceptional cases, the Order fulfillment period may be agreed upon with the Buyer individually depending on the characteristics and quantity of the ordered Goods. In the event of the absence of one or more goods in the Seller's warehouse, including for reasons beyond the control of the latter, the Seller has the right to cancel the specified Goods from the Buyer's Order. The Seller undertakes to notify the Buyer of changes in the completeness of his Order by sending a message to the e-mail address specified during registration on the website, or by an additional written explanation on the sales receipt upon direct receipt of the Order by the Buyer.
4.12. The Order is considered fulfilled at the time of its transfer to the Buyer. By signing the consignment note provided by the courier of the seller's courier service or by communicating the verification SMS code to the courier, the Buyer confirms the fulfillment of the Order.
5. Delivery and transfer of goods to the consumer
5.1. The Seller provides the Consumer with services for the delivery of the Goods by one of the methods specified on the website of the Online Store via the Delivery link.
5.2. The Consumer specifies the place of delivery of the Goods when placing an Order for the purchase of the Goods with delivery.
5.3 The delivered Goods are transferred to the Consumer, and in the absence of the Consumer, to any person who presents a receipt or other document confirming the conclusion of the Agreement or the execution of the delivery of the Goods.
5.4. Information about the Product is communicated to the Consumer in the technical documentation attached to the Product, on labels, by marking or in another manner accepted for individual types of goods.
5.5. When placing an Order, the Consumer has the right to indicate the name of another person as the recipient of the Goods, indicating the delivery address, as an instruction from the Consumer to the Seller, in which case the Seller will fulfill such an instruction and deliver the Goods to another person as the recipient of the Goods, except for cases where delivery and transfer of the goods to a third party is impossible.
6. Return of order
6.1. In the event of any claims regarding the quality of the Goods, the Buyer has the right to make them during the warranty period for the Goods in accordance with the Law “On the Protection of Consumer Rights of the Republic of Kazakhstan”.
6.2. The Buyer has the right, within fourteen days from the moment of transfer of the non-food product to him, to exchange the purchased product at the place of purchase or other places declared by the seller (manufacturer), for a similar product of a different size, shape, dimensions, style, color, configuration, etc., or for another product by agreement of the parties, having made the necessary recalculation with the seller in the event of a difference in price. If the Seller does not have the product required for the exchange, the Buyer has the right to return the purchased product to the Seller and receive the amount of money paid for it, in which case the Buyer reimburses the Seller for the overhead costs for the delivery of the Product.
- Attention!!! In accordance with Art. 30 of the Law of the Republic of Kazakhstan "On Protection of Consumer Rights" dated 02.04.2019
- The seller (manufacturer) is obliged to ensure the exchange or return of non-food goods of proper quality, if they have not been used, their presentation, consumer properties, seals, labels, as well as a document confirming the fact of purchase of the goods, are preserved, within fourteen calendar days, unless a longer period is established by the contract, from the date of purchase of the goods, with the exception of:
- medicines and medical devices;
- underwear;
- hosiery;
- animals and plants;
- meter goods, namely fabrics made from all types of fibers, knitted and curtain fabric, artificial fur, carpets, non-woven materials, ribbons, lace, braid, wires, cords, cables, linoleum, baguettes, film, oilcloth;
- subscriber device of cellular communication.
6.3. When the Buyer exchanges or returns Goods of proper quality, the Seller has the right to demand from the Buyer reimbursement of expenses incurred by the Seller in organizing the exchange or return of the Goods.
6.4. In the event that the Seller delivers a Product of inadequate quality, the Buyer undertakes to provide the Product to the Seller in the manner and under the conditions specified on the Seller's website, as soon as possible from the date of purchase, in order to check the quality of the Product.
6.5. The right of ownership of the Order, as well as the risk of damage to it, shall pass to the Buyer from the moment the Goods are transferred to the Buyer.
6.6. In case of questions and complaints, the Buyer can contact the responsible employee of the company at +77054117065
6.7. Claims regarding the loss of functionality of the Product during its operation in cases covered by the warranty obligations of the manufacturer of the Product are considered on the basis of providing photographs of the defects taken in good lighting and a corresponding description characterizing the defect; or physical delivery of the product to the company's office at the address: Republic of Kazakhstan, Almaty, Baisheshek Street, 10. The warranty period during which the Buyer may make claims to the Seller regarding the quality of the Product related to manufacturing defects, as a result of which the purchased Product cannot be used for its intended purpose, is also determined in the Warranty Card for the Product. Loss of the original warranty card for the Product is the basis for NOT providing the Seller's warranty obligations to the Buyer.
6.8. The Goods are subject to warranty service in cases where the Seller receives a notice of the Goods’ defect before the expiration of the warranty period; the Goods were used without violating the operating rules specified in the accompanying factory documentation; the Goods have original, unaltered inscriptions of the serial number and date of manufacture, as well as the factory packaging; the Buyer did not repair the Goods on their own or through third parties. If there are any claims regarding the quality of the Goods, they will be repaired; if the Goods are recognized as unrepairable, the Goods will be replaced; if replacement is impossible, the amount paid for such Goods will be refunded.
6.9. Before returning/exchanging the goods, an examination is mandatory based on photographs or the goods themselves provided by the Consumer. The cost of additional inspection (examination) of the quality of the goods is paid by the seller (manufacturer). If as a result of the inspection (examination) of the goods it is established that there are no defects in the goods or they arose after the transfer of the goods to the consumer due to the violation of the established rules of use, storage or actions of third parties or force majeure, the consumer is obliged to reimburse the seller (manufacturer) for the costs of the inspection (examination), as well as the associated costs of transporting the goods.
6.10. The Parties shall take all measures to resolve disputes and disagreements that may arise during the performance of obligations under the Agreement through negotiations.
6.11. If the Parties fail to reach an agreement, all disputes shall be considered in accordance with the current legislation of the Republic of Kazakhstan.
7. General Provisions
7.1. The Buyer hereby agrees to the mandatory terms of this Public Offer Agreement.
7.2. In accordance with the terms of this Public Offer Agreement, the Seller has the right to refuse to place an Order to persons who disagree with the terms of this Agreement.
7.3. The Seller reserves the right to make changes to this Agreement, in connection with which the Buyer undertakes to regularly monitor changes in the Agreement published on the
Odshop.kz website.
7.5. The user, by entering the details of the bank card(s), gives consent to
https://epayment.kz/ to save the details of the bank cards and their further use in the Epay system
DETAILS
Office Design Project LLP
BIN: 100140013392
Legal address: Baisheshek, 10, A15G9C6, Almaty, Republic of Kazakhstan
IIC: KZ948560000003118209 in AGF JSC BankCenterCredit, Almaty
BIC: KCJBKZKX