This document is an offer between the Internet store “Qazaq Republic” LLP (hereinafter the “Internet store”) and the user of the services of this Internet store, which defines the conditions of purchase of the goods through the site of the Internet store https://qazaqrepublic.com.
1. GENERAL PROVISIONS
1.1. This document is an offer in accordance with par. 3, article 396 of the Civil Code of the Republic of Kazakhstan, containing all essential conditions for the conclusion of agreement for the sale of Goods with the Buyer (hereinafter the “Agreement”).
1.2. The Agreement contains important information, including but not limited to information regarding the use of the Online Store, terms of ordering, purchase and receipt of Goods, use of Goods and return of Goods.
1.3. The Offer can be accepted by any individual on the territory of the Republic of Kazakhstan, who has the intention to purchase the Goods through the online store, by making an Acceptance.
1.4. If the Visitor wishes to start using the Online Store, order and purchase the Goods, he must independently familiarize himself with the terms and conditions set forth in the Offer.
1.5. If the Visitor does not agree with provisions set out in the Offer, he must immediately stop using the Site and leave it immediately. Further use of the Website by the Visitor (including the purchase of Goods) will mean familiarization and unconditional agreement of the Visitor with the terms of the Offer and conclusion of the Agreement.
1.6. If the Visitor has any questions related to the order and/or receipt and/or return of the Goods, other questions regarding the online store or the Seller in general, but despite this, the Visitor still starts/continues to use the online store, order and purchase Goods without contacting the Seller by contact details specified on the website of the online store, the Visitor agrees not to make any claims to the Seller related to the use of the online store and implementation of the order and purchase of Goods.
1.7. By placing an order for the Goods in Online store, the Buyer unconditionally agrees and accepts the terms and conditions of the Agreement.
1.8. The Seller has the right to unilaterally change the terms and conditions of the Agreement and notify the Visitor by posting a new version of Agreement on the website.
1.9. The Visitor has the right to use interactive resources of the Online store for the intended purpose, leave feedback, comment on materials, publish its own materials and conduct online communication if such functionality is available.
2. TERMS AND DEFINITIONS
2.1. Administration - authorized representatives of the Seller.
2.2. Acceptance - full and unconditional, without any changes, acceptance by the Visitor of the terms of the Offer by performing the actions specified in section 4 of the Agreement, which will be an expression of the Visitor's intention to purchase the Goods under the terms of the Agreement in accordance with par. 3 of article 396 of the Civil Code of the Republic of Kazakhstan. Acceptance of the Agreement generates legal consequences for the Parties in accordance with the terms and conditions specified in Agreement.
2.3. Bank/Acquirer Bank - a second-tier bank providing round-the-clock payment transactions made through the Internet store.
2.4. Order - the Buyer's application for the purchase of Goods duly executed by filling in the appropriate electronic form in the Online store, accepted and confirmed by the Seller.
2.5. Online store - an Internet platform operated by the Seller and located on the Website, where the Goods are presented, as well as other essential conditions for the sale of the Goods are placed and the Order form is available.
2.6. Personal account - closed section of the Website, access to which is provided after registration in accordance with the established procedure.
2.7. Offer - this document, which is a public offer of the Seller addressed to any person to conclude a agreement of retail sale of Goods on the terms and conditions set forth in the Offer. The Offer is published and permanently available on the Internet on the Website at the following link: https://qazaqrepublic.com/offer.
2.8. Buyer - a natural person who is a Visitor of the Website and who has placed an Order for the purchase of Goods in the Online store.
2.9. Visitor - a natural person who has visited the Website in order to familiarize himself with the Goods, other content of the Website, as well as for possible Order placement.
2.10. Seller - Limited liability partnership “Qazaq Republic”, BIN 190940017589.
2.11. Entire agreement. The Agreement, Privacy Policy, as well as any other policies and communications of the Seller, which are related and may arise on the basis of the terms of this Agreement, are available on the Site or sent in electronic messages both at the time of creating an Order and at any other time, constitute the entire agreement between the Buyer and the Seller on the use of the Site, creation of Orders, purchase, exchange and return of Goods.
2.12. Site - a set of programs for electronic computers and other information contained in the information system, public access to which is provided through the Internet at the link: https://qazaqrepublic.com/. The use of technical capabilities of the Website by the Visitor is regulated by the provisions of this Agreement, as well as legislation of the Republic of Kazakhstan.
2.13. Support Service - the Seller's personnel responsible for processing and servicing of incoming requests from the Visitors. Service implies providing the Visitor with relevant information in response to their requests, if such information can be provided by the Seller.Support service e-mail: online_support@qazaqrepublic.com.
2.14. Goods - products, information about which is available on the website at the link: https://qazaqrepublic.com/shop.
2.15. All other terms and definitions appearing in the text of the Agreement shall be interpreted and applied in accordance with the laws of the Republic of Kazakhstan.
2.16. The titles of headings (articles) of the Agreement are intended solely for convenience of use of the text of agreement and have no literal legal meaning.
3. STATUS OF ONLINE STORE
3.1. The online store is the property of the Seller and designed to organize remote method of selling goods via the Internet.
3.2. The online store does not require special actions from the Visitor to use the resource of the online store to view the Goods, such as registration on the Site.
3.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
4. PROCEDURE FOR ENTERING INTO A CONTRACT. ACCEPTANCE.
4.1. The text of Agreement permanently posted on the Internet at link: https://qazaqrepublic.com/offer, contains all material terms and conditions of the Agreement, conditions and procedure for purchasing the Goods, and is an offer of the Seller to conclude the Agreement with any person planning to use the Site for the purpose of purchasing the Goods, on the terms and conditions specified in the text of Agreement. Thus, in accordance with the provisions of articles 395 and 396 of the Civil Code of the Republic of Kazakhstan, the text of the Agreement is a public offer.
4.2. Acceptance of the Offer is carried out by the Visitor by performing at least one of the following actions:
4.2.1. continuing to use this Online store (access or re-access to the Online store) to view the Goods;
4.2.2. creating an Order for the purchase of Goods;
4.2.3. sending request to Support Service;
4.2.4. paying money for the Goods.
4.3. If the Visitor:
(i) continues to use the Online store (accesses or re-accesses the Online store/Site), and/or
(ii) creates an Order for the purchase of Goods, pays for it and/or
(iii) sends request to the Support Service, then the Visitor:
4.3.1. unconditionally, fully and without any modification accepts the terms and conditions set forth in this Agreement, namely makes an Acceptance of the Agreement and understands the consequences of making such Acceptance;
4.3.2. confirms that he is familiarized with the terms and conditions of this Agreement and agrees to act in strict compliance with these terms and conditions when using the Website and creating Orders, and in case of violation of these terms and conditions agrees that the Seller has the right to take all necessary measures to eliminate violations and protect its violated rights in accordance with the terms and conditions of this Agreement and provisions of applicable law;
4.3.3. consents to the collection and processing of his personal data in accordance with the terms of personal data protection (privacy policies) set out at this link: https://qazaqrepublic.com/privacy;
4.3.4. undertakes to use the Site and the Online Shop to familiarize himself with the information about the Goods on the date of such familiarization and to place valid Orders.
4.4. The Agreement shall be deemed concluded from the moment the Visitor accepts the Offer in the manner provided in paragraph 4.2 of this section. Payment shall be made by means of Internet acquiring services or other payment instruments provided by the Seller on the Website. In this case, the payment is considered to be made from the moment of crediting the appropriate amount of funds to the Seller's account.
5. STATUS OF THE CUSTOMER
5.1. The visitor becomes a Buyer from the moment the Order is placed and paid for in the Seller's online store.
5.2. The Buyer is responsible for the accuracy of the information provided when placing the Order.
5.3. By clicking the “Pay” button, the Buyer confirms that the terms and conditions of this Agreement have been read, understood and accepted fully and unconditionally.
5.4. The use of the online store resource for viewing and selecting the Goods, as well as for placing an order is free of charge for the Buyer.
6. SUBJECT OF AGREEMENT
6.1. The Seller, on the basis of the Buyer's Order(s), sells the Goods to the Buyer in accordance with the terms and at prices set by the Seller in the Online Store, subject to the availability of the Goods in the Seller's warehouse.
6.2. Delivery of the Goods ordered and paid for by the Buyer shall be carried out by the Seller or by the Buyer's own removal of the Goods from the Seller's warehouse. The cost of delivery shall be calculated in accordance with the procedure set forth in this Offer in section 12.
6.3. The provisions of the laws of the Republic of Kazakhstan, including provisions of the Civil Code of the Republic of Kazakhstan on transactions and retail sale, as well as the Law of the Republic of Kazakhstan “On protection of consumer rights”, the Law of the Republic of Kazakhstan “On regulation of trade activities” and the Law of the Republic of Kazakhstan “On Online platforms and Online advertising” shall apply to relations between the Buyer and the Seller.
6.4. The Visitor hereby agrees and fully realizes that in case the Visitor creates and pays for the Order, the Visitor enters into a legal relationship with the Seller arising from the Agreement concluded by the Visitor with the Seller by accepting the Offer.
7. ORDER PLACEMENTCONDITIONS
7.1. The Visitor can place an Order independently in the Online store under the terms and conditions of the Agreement.
7.2. When placing an Order in the Online store, the Buyer is obliged to provide the following information about himself:
- full name of the Buyer of the Goods or person accepting the Goods on behalf of the Buyer;
- method of receipt (self-collection or delivery) and address of delivery of the Goods (in case of courier delivery);
- contact phone number of the Buyer of the Goods or person accepting the Goods on behalf of the Buyer;
- e-mail of the Buyer of the Goods;
- payment information (payment card details).
7.3. The will of the Buyer is carried out by entering the relevant data into electronic form of the Order in the online store or by submitting request through the Support Service.
7.4. The online store does not edit or correct the information entered by the Buyer in the appropriate form when creating an Order. The Buyer is solely responsible for the correctness, accuracy and relevance of the information entered in the Order form.
8. REGISTRATION
8.1. In order to use services of the Website and create an Order, the Visitor shall register on the Website and gain access to the “Personal account” section. When registering, it is necessary to provide the following data:
- surname, first name, patronymic;
- e-mail address.
- mobile number;
- password to personnel account.
8.2. Access password. When registering on the Website, the Visitor should think up and enter in the corresponding field of the Website a password for access to the Personal account. Otherwise, the password will be generated automatically when creating an Order, notification of the assigned password will be sent to the e-mail specified in the Order. The password must be safe and meet the requirements of electronic data security. The visitor can always change the previously created password for the Personal account. If necessary, you can use the “edit” password function on the Website. The Visitor/Buyer undertakes not to disclose the password to third parties.
8.3. The data specified during registration must be entered by the Visitor/Buyer at each subsequent authorization on the Website.
8.4. The list of data required for registration/authorization on the Website may be changed by the Seller at its own discretion, and such changes do not require mandatory amendments to the Agreement.
8.5. After entering the data specified in par. 8.1 in the appropriate editable fields of the Website, a message will be sent to the e-mail address of the Visitor entered during his registration for confirmation. The Visitor should follow the link contained in such message to complete registration process on the Website.
8.6. The Visitor has the right to freely use access to his Personal account, his Orders and personal information available in the Personal account, using his e-mail address (login) and access password at any time.
8.7. During registration on the Website, the Visitor will be additionally asked to agree to the terms and conditions of the Agreement. If the Visitor does not agree with these terms and conditions, he should immediately stop using the Website and exit it.
9. PRODUCT INFORMATION. PRODUCT AVAILABILITY
9.1. The Goods are presented in the Online store through graphic images-samples, which are the property of the Online store.
9.2. Each graphic image-sample is accompanied by textual information: name, price and description of the Goods, as well as available size grid.
9.3. All information materials presented in the online store are of a reference nature and cannot fully convey information about the properties and characteristics of the Goods, including tactile sensations of the Goods, colors, sizes and shapes. If the Visitor has any questions regarding the properties and characteristics of the Goods, the Visitor should contact the Support Service before placing an Order.
9.4. The Administration of the Website has the right at any time without notice to the Visitor to make changes in the list of Goods offered on the Website, and/or in prices, quality characteristics applicable to such Goods on their realization by the online store. Certain Goods presented in the Online store are sold only in the quantity/size/volume provided by the Online store. The size/quantity/volume indicated on the Website is a conditional unit, which may not coincide with the actual size/quantity/volume.
9.5. At the Buyer's request, the online store manager has the right to provide (by phone or e-mail) other information necessary and sufficient from the Buyer's point of view, to make decision on the purchase of the Goods.
9.6. All orders for the Goods can be fulfilled subject to availability of the Goods from the Seller. In case of difficulties in the delivery of the Goods or if the Goods are not in the Seller's warehouse, the Order will be canceled, with return of all monetary funds to the Buyer in accordance with the terms and conditions of the Agreement.
9.7. By ordering and purchasing Goods using the online store, the functionality of the Website, the visitor confirms that:
1) he is fully familiarized with characteristics of the ordered Goods; and
2) he is notified of the functions and means to request description of the Good(s) from the Seller before placing the Order and making the purchase; and (or)
3) at the time of selecting and Ordering the Goods, the Visitor is notified of and was considering visiting one of the Seller's stores in order to examine the Goods in detail or exercise the rights that are set out in this par. 8.7 of the Agreement, and he has chosen the option to purchase the Goods based on information available in the Online store.
10. PURCHASING PROCEDURE
10.1. The Buyer has the right to place an Order for any Goods presented in the Online store. Each product may be ordered in any quantity, subject to provisions of par. 8.6 of the Agreement. Exceptions to this rule are specified in description of each Goods in case of promotion, withdrawal of the Goods from sale, etc.
10.2. The Order can be placed by the Buyer through Support Service on the Website, access to which is realized through a dialog box, or placed independently on the Website by filling in the electronic form of the Order.
10.3. The Buyer shall pay for the Order by bank card.
10.4. Self-removal of the Order is available from the Seller's warehouse at address:
For Almaty city: Almaty, Almaly district, Mametova str., 47;
For Astana city: Astana 010000, Esil district, Alikhan Bokeykhanov str. 29, n.p.14
10.5. After placing an Order, the Seller confirms the Buyer's order by sending information to e-mail confirming its acceptance, indicating the price of selected goods and the total amount of the order.
10.6. If the Goods are out of stock, the online store manager shall inform the Buyer about it (by phone or e-mail).
11. PAYMENT
11.1. The price of the Goods in Online store is specified in tenge per unit of the Goods.
11.2. The price of the Goods specified in the Online Store may be unilaterally changed by the Online store, while the price of the Goods ordered and paid for by the Buyer shall not be changed.
11.3. In case of payment by the Buyer at incorrect price due to technical failures in software, servers or computer networks, the Seller returns the payment made by the Buyer to his payment card in the same payment details.
11.4. Total amount of the Order shall consist of the cost of all the Goods selected by the Buyer and the cost of delivery of the Goods to the Buyer. The cost of the Goods does not include the cost of delivery.
11.5. The methods and procedure of payment for the Goods are specified on the Website in sections “Payment” and “Delivery”. If necessary, the Buyer may consult the Support Service on the order and terms of payment for the ordered Goods.
11.6. The Buyer shall pay for the Order by any method available in the Online store.
11.7. If the Buyer does not confirm the payment for selected Goods in the Online store in time, the Order is automatically canceled.
12. DELIVERY OF GOODS. FAILURE TO DELIVER.
12.1. The methods, procedure and terms of delivery of the Goods are specified on the website in sections “Payment” or “Delivery”. The choice of the appropriate method of delivery of the Goods is a sole and independent choice of the Buyer.
12.2. The transfer of title and risk of accidental loss of or damage to the goods shall pass to the Buyer from the moment the Buyer signs the courier delivery note or itinerary.
12.3. Upon delivery, the goods shall be given to the address specified by the Buyer to the Buyer or person specified by the Buyer when placing the Order.
12.4. The Buyer (or person specified by the Buyer in the Order) is obliged to accept the Goods in quantity and assortment at the moment of their acceptance.
12.5. Upon receipt of the Goods, the Buyer (or person specified by him in the Order) is obliged in the presence of the Seller's representative (carrier) to check their compliance with the courier delivery note, verify the quantity, quality and completeness of the Goods by the name of Goods. The Buyer (or person specified by him in the Order), upon receipt of the Goods, shall sign courier delivery note or itinerary, confirming with his signature that he has no claims to the appearance and completeness of the Goods. Delivery shall be considered completed and the Goods shall be considered delivered to the Buyer from the moment the Buyer (or person specified by him in the Order) signs courier delivery note or itinerary.
12.6. The Buyer understands and agrees that delivery is a separate service, which is not an integral part of the Goods purchased by the Buyer, and its performance ends at the moment of receipt of the Goods and payment for them.
12.7. If the Buyer provides a non-existent or incomplete (inaccurate) address for delivery of the Goods or if the Buyer (or person specified in the Order) is absent at the time of delivery of the Goods to specified address, the Seller shall not be liable for the delivery time and (or) non-receipt of the Goods by the Buyer. In this case, the paid order amount for the delivery of the Goods is not refundable.
12.8. The Buyer shall pay additionally for the repeated delivery of the Goods due to occurrence of the event specified in par. 11.7 of the Agreement.
12.9. The Seller has the right to cancel delivery of the Goods and refuse to fulfill the agreement in cases when the delivery of the Goods is impossible due to reasons beyond the Seller's control, without any liability in connection with such refusal. In this case, the Seller undertakes to notify the Buyer by sending an e-mail message, and reimburse the Buyer for the funds paid for the Goods by the same method by which they were paid, within the term set by the Buyer's correspondent bank.
12.10. Delivery of the Goods in Almaty and Astana cities takes place from 11:00 to 19:00 daily.
12.11. If the Order is placed before 11:00 hrs, delivery will take place during the day until 19:00 hrs. If the Order is placed after 11:00 hrs, delivery will take place the next day after the Order is placed until 19:00 hrs.
12.12. Delivery within Kazakhstan is carried out through:
12.12.1. Courier delivery service “Avis Logistics”.
12.12.2. “Kazpost” postal service.
12.12.3. The Seller's delivery service in Almaty and Astana.
12.13. The cost of delivery via the courier delivery service «Avis Logistics» is from 2000 (two thousand) tenge.
12.14. The cost of delivery through “Kazpost” postal service is from 3500 (three thousand five hundred) tenge.
12.15. In large cities of Kazakhstan, except Astana and Almaty, delivery is carried out from 7 to 9 working days.
12.16. In regions of the country delivery is carried out from 7 (seven) to 14 (fourteen) working days.
12.17. The exact terms and time of delivery are determined by the courier and postal service independently. The Buyer can trace the route of the Order by the track number, which will be available in his Personal account after the Seller sends the Order.
12.18. The Buyer may track the route of the Order through the Support Service or by tracking number on the website of the courier/postal service. The route and status of the Order will be available in Personal accounti after the Seller sends the Order.
12.19. When placing an Order to deliver abroad, the Buyer has the right to execute it under the status of “self-delivery” from Almaty or Astana cities, and independently arrange delivery of the Order abroad through courier service available to the Buyer at his discretion.
12.20. In case of placing an Order in Astana or Almaty for the amount below 25,000 (twenty-five thousand tenge) inclusive, the cost of delivery in the square indicated in the “questions and answers” sections of the website is 1,000 (one thousand) tenge.
12.21. When placing an Order in Astana or Almaty for the amount exceeding 25,000 (twenty-five thousand) tenge, inclusive, delivery to the square indicated in the “questions and answers” sections of the website is free of charge.
12.22. In case the amount of the Order exceeds 60.000 (sixty thousand) tenge, delivery within Kazakhstan is free of charge.
12.23. The delivery cost specified in par. 12.13 - 12.19 is a minimum and may differ from the actual cost on the date of placing the Order.
13. TRANSFER OF OWNERSHIP. WARRANTIES
13.1. The Buyer has the right to reject the Goods before signing the courier delivery note in case of factory defect by returning the Goods to courier after its visual inspection. After signing the courier delivery note by the Buyer, the Goods shall be deemed delivered and transferred properly and return is made in accordance with the procedure established by this section of the Agreement and applicable laws of the Republic of Kazakhstan.
13.2. Title to the Goods passes to the Buyer from the moment of full payment of the cost of the Goods and cost of delivery of the Goods, or at the moment of delivery of the Goods, whichever of the events occurs later.
13.3. The return of the Goods, in cases stipulated by the applicable law and the Agreement, shall be made to the addresses specified on the Website in the sections “Exchange/return rules”.
13.4. If the Buyer rejects the Goods of proper quality, the Seller shall refund the amount paid in accordance with the Agreement, except for the cost of delivery to/from the Buyer of the returned Goods.
13.5. The Goods shall be returned in accordance with the conditions of this Section, as well as the Law of the Republic of Kazakhstan “On protection of Consumer rights” at the Buyer's expense.
13.6. If, in the Buyer's opinion, the delivered Goods do not meet the conditions of the Agreement and have defects in quality at the time of delivery, the Buyer should immediately contact the Seller through the Support Service and inform the Seller about the Goods and their defects.
13.7. Upon receipt of the Goods, the Seller shall carefully inspect the Goods and within ten (10) calendar days after receipt of the relevant unit of Goods notify the Buyer whether the Buyer is entitled to a refund. The Seller shall make a refund of the amount paid by the Buyer for the Goods or replace the Goods as soon as possible, but in any case within 30 (thirty) calendar days from the date on which the Seller has sent to the Buyer's e-mail address confirmation of the right to receive refund or replace the Goods.
13.8. In the event that the defect or damage to the returned Goods is confirmed, the Buyer shall be entitled to a full refund, including reimbursement of the costs of delivery of the Goods.
13.9. Refund of the amounts paid for the Goods by wire transfer shall be made in the manner and on terms provided by the Bank. As a general rule, such period usually does not exceed 30 (thirty) calendar days.
13.10. The Buyer has the right to apply for the return of the Goods in “My Orders” section. The return of the Goods shall be made to the following addresses:
13.10.1. For Astana city: Esil district, Alikhan Bokeykhan str., 29, n.p.14;
13.10.2. For Almaty city: Almaly district, Mametova str., 47;
13.10.3. Other cities of the Republic of Kazakhstan: application for return of the Goods by courier service chosen by the Buyer.
13.11. The cost of return Goods through the Seller's courier is 1,000 (one thousand tenge), which is deducted by the Seller from the cost of Goods when return of funds to the Buyer.
13.12. The basis for return is an application for return of the Goods (application) sent by the Buyer in section “My Orders”.
13.13. Return of Goods outside the territory of Almaty and shall be made by sending the Goods by the Buyer through delivery services chosen by the Buyer:
- Recipient company: Qazaq Republic LLP
- Telephone: +7 (747) 248 38 01
- Address: Almaty, Mametova street, 47
13.14. If the Goods are purchased by self-delivery from the Seller's warehouse at address: Almaty, Mametova street 47, the return is made to the same address.
13.15. The choice of the method of return is made by the Buyer, the Buyer is responsible for return of the Goods to the Seller's address.
13.16. If the Buyer discovers a factory defect in the Goods, the Buyer undertakes to return the Goods on the terms and conditions stipulated in this section, and the Seller undertakes to accept the Goods and conduct an expert examination based on results of which to provide a response to the Buyer within 5 (five) working days.
14. LIABILITY OF THE PARTIES
14.1. The Parties shall be liable in accordance with the laws of the Republic of Kazakhstan.
14.2. The Seller shall not be liable for any damage caused to the Buyer due to improper use of the goods ordered in Online store.
14.3. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for duration of force majeure.
14.4. The Seller is not responsible for content and functioning of the websites, which refer to links to the Online store website.
14.5. The Seller is not responsible for:
- Delays or failure in transaction process due to force majeure, as well as any failure of telecommunication, computer, electrical and other related systems;
- Operation of transfer systems, banks, payment systems and delays related to their operation;
- Proper functioning of the Website, in the event that the Visitor does not have the necessary technical means to use it, and does not have any obligation to provide Visitors with such means.
14.6. Since the identification of Internet users is difficult due to technical reasons, the Seller is not responsible for the fact that registered Visitors are really the people they claim to be and is not liable for possible damage caused to other persons for this reason.
14.7. The Seller does not guarantee that the software, servers and computer networks used by the Website are free of errors and computer viruses. If use of the site of the online store has caused damage to equipment of the Visitor, the Administration shall not be responsible for this.
14.8. Receipt of claims or applications to resolve disputes is carried out by e-mail or through a dialog box with Support Service.
15. FORCE MAJEURE CIRCUMSTANCES
15.1. The Seller shall be released from liability for full or partial non-fulfillment of its obligations under this Agreement if such non-fulfillment was caused by an event or force majeure circumstances occurred after conclusion of this Agreement.
15.2. Force majeure or incident should be understood as circumstances that exclude or objectively prevent the fulfillment of conditions of the Agreement, are of an emergency, inevitable and unforeseen nature, and which the parties could not foresee or prevent by reasonable measures. The parties refer to such conditions in particular: circumstances caused by exceptional weather conditions and natural disasters, interruption in operation of communication networks, failure or cutoff of the power supply, interruption in operation and access to the Internet and other communication networks, interruption in operation of the Site, interruption and failure in operation of servers or software, hacker attacks, circumstances in connection with software updates, scheduled and unscheduled technical and preventative work on the Site, actions or orders of any government authorities, significant adverse changes in any applicable legislation, currency restriction, local or national emergencies scale, unpredictable action or inaction of third parties who are not a party to Agreement, and/or which occur regardless of the will and desire of a party to Agreement, threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attack, blockade, military embargo, act of foreign enemy, general military mobilization, hostilities, declared and undeclared war, acts of public enemy, disturbances, act of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, mutiny, insurrection, curfew, expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, strike, accident, illegal action of third parties, epidemics, fire, explosion, long interruption in transport, embargo, ban (restriction) of export/import, conditions regulated by relevant decisions and acts of state authorities and local self-government, as well as circumstances related to elimination of consequences caused by exceptional weather conditions and unforeseen situations, as well as other circumstances beyond the reasonable control of the parties.
15.3. In case of force majeure circumstances, the Seller shall notify thereof within 5 (five) calendar days from the date of commencement of their effect by placing a relevant clause on the Website or sending an e-mail (or in any other appropriate manner at the Seller's choice) about the nature of the course of the said circumstances and probable duration of their effect.
15.4. The period of performance of obligations under the Agreement shall be postponed in proportion to the time during which such force majeure circumstances will be in force. If the force majeure circumstances will last more than 14 (fourteen) calendar days, the Parties may resolve the issue of non-fulfillment of obligations through negotiations, and if it is impossible to reach an agreement, demand termination of the Agreement.
16. PROTECTION OF PERSONAL DATA (PRIVACY POLICY)
16.1. The conditions of personal data protection are integral to this Agreement and set out and available at the following link: https://qazaqrepublic.com/offer.
17. INTELLECTUAL PROPERTY
17.1. All rights reserved. “QAZAQ REPUBLIC” is a registered trademark and protected by the copyright. The Seller, its partners and providers are licensees of intellectual property rights (all information and materials) published on the Site. The Site may contain materials provided by third parties. Logos, company names, offers, etc. that are mentioned on the Site may be trademarks/service marks of their respective owners or protected by the copyright. All information and materials published on the Site are protected under local or international law on the protection of intellectual property.
17.2. The visitor may not use, reproduce, modify, adapt, translate, compile, decompile, create derivative products, attempt to disclose source code, copy, analyze data, create links to the Site, or make any other use of the content of this Site in whole or in part, including the use of any intellectual property rights available through this Site without the written permission of the Seller.
17.3. Any unlawful use of intellectual property rights and violation of the above conditions shall be considered a gross violation of the terms and conditions of the Agreement between the Visitor and the Seller and may be the basis for filing a claim for protection of infringed rights.
17.4. If the Visitor becomes aware of the Seller's copyright infringement, please, send a message to e-mail of the Support Service.
17.5. If the Visitor is sure that the materials published on the Site infringe someone's copyright, the Visitor can send a letter to the e-mail address of the Seller, which should contain: description of the material, on which your copyright is probably infringed; providing evidence of existence of your copyright on the disputed material, your contact information and signature. The seller recommends that you consult with a qualified professional before sending a letter or counter-notice regarding the copyright infringement. If a letter regarding copyright infringement is unsubstantiated, the Visitor agrees to indemnify the Seller or other copyright owners for any damages that may be incurred by the Seller or other copyright owners in connection with review of such letter and determination of the copyright infringement.
18. APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURE
18.1. The Agreement and all legal relations arising from it or related to it, including those related to validity, conclusion, execution, amendment and termination of Agreement, interpretation of its conditions, determination of consequences of invalidity or breach of Agreement, shall be governed by the Agreement itself and the laws of the Republic of Kazakhstan. In case of absence of provisions regulating disputable relations in Agreement, the Seller reserves the right to apply provisions regulating similar relations, including provisions available in the Agreement itself (analogy). The relations of the Parties not provided for by this Agreement, but similar to those that arise or may arise from this Agreement and/or in connection with its execution, shall be regulated and interpreted in accordance with substantive and procedural law of the Republic of Kazakhstan.
18.2. All disputes and disagreements arising in connection with this Agreement shall be settled by negotiations between the Parties. Pre-trial consideration of disputes is obligatory for the Parties. In case the Parties failed to resolve any dispute and/or disagreement through negotiations, the Party considering its rights violated shall be obliged to send a pre-trial claim to the other Party, the term of consideration of which is 10 (Ten) calendar days from the date of receipt of the claim. In case of failure to receive response to the claim within 10 (Ten) calendar days, as well as the response was received but did not satisfy the Party considering its rights violated, such Party shall have the right to appeal to the court in accordance with the rules of jurisdiction and jurisdiction established by legislation of the Republic of Kazakhstan. In case any of the Parties applies to the court without observing the mandatory pre-trial dispute resolution procedure established in this Agreement, such application shall be left without consideration.
19. OTHER PROVISIONS
19.1. The laws of RK shall apply to relations between the Buyer and the Seller.
19.2. The Agreement shall come into force from the date of acceptance of this offer by the Visitor and remain in force until full fulfillment of obligations by the Parties.
19.3. The Seller reserves the right to expand and reduce the product offer on the site, regulate access to purchase any goods, as well as suspend or discontinue the sale of any Goods at its sole discretion.
Version of the public Offer has been updated as of November 16, 2023