Public offer

on concluding a purchase and sale agreement via an online store

 

This Public offer on concluding a purchase and sale agreement via an online store is an offer of Almaty Sportswear Limited Liability Partnership (a legal entity registered in accordance with the legislation of the Republic of Kazakhstan at the address: Apt./Office 6, Building 5, Al-Farabi Ave., Almaty, Republic of Kazakhstan, BIN 240240029003), hereinafter referred to as the "Seller", to an unlimited number of persons to conclude and execute a purchase and sale agreement based on the terms and conditions set out below (hereinafter referred to as the "Agreement").


In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this Agreement is a public offer with full and unconditional acceptance of its terms in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan.


The acceptance has no time limitation and is considered executed (acceptance by the Buyer of the terms of this offer), and the Agreement itself is considered concluded after performing the actions set out below, in accordance with paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan.

1. Terms and Definitions

1.1. Order is a request submitted by the Buyer to purchase the Goods via the Store. Based on the Order details, the Seller issues the Consignment Note.

1.2. Store is a web platform provided by the Seller to the Buyer, where the latter can review the range of Products presented and select one for purchase in his favor, and located on the Seller’s website at the following address: https://www.almaty-marathon.kz/ru/store.

1.3. Consignment note is a document issued by the Seller on the basis of the Order upon shipment of the Goods, serves to confirm the handover of the Goods from the Seller to the Buyer and contains information about the specific product, its quantity, price, as well as information about the Seller and the Buyer.

1.4. Buyer means an unlimited number of persons (individuals and/or legal entities) purchasing the Goods for their own benefit via the Store.

1.5. Personal data means information related to a specific or determinable subject of personal details, recorded on electronic, paper and (or) other tangible media.

1.6. Delivery service is a company providing delivery of the Goods to the Buyer.

1.7. Payment service means an online platform whose services the Buyer uses when paying for the Goods. The Seller is not responsible for the operation of the Payment service, as well as for the safety of the Buyer's data and/or information used when paying for the Goods.

1.8. Consent means a consent to the collection and processing of personal data, provided by the Buyer when placing an Order. Consent is provided in accordance with the Consent to the collection and processing of personal data, provided when forming and placing an Order.

1.9. Goods mean inventory items, including clothing, accessories, as well as other goods or inventory items that may be presented by the Seller in the Store.


2. Subject of Agreement

2.1. The Seller offers to purchase, and the Buyer pays for and acquires the Goods under the terms and conditions of this Agreement (Public Offer for Concluding a Sale and Purchase Agreement via an Online Store).

The Order is created by the Buyer by searching for and selecting the Goods in the Store.

2.2. Depending on the specifics of the Goods, the method of purchasing them and (or) other terms of sale and purchase established by the Seller, additional, changing, specifying and other conditions may be contained in separate rules or other documents of the Seller, which represent an integral part of this Agreement, if such information is specified when placing the Order.

2.3. The Seller does not deliver (except in cases of self-pickup) and is not responsible for the work of the Delivery Service, but will make every effort to resolve any disputes arising in connection with the delivery of the Goods.

2.4. The Seller is not responsible for the work of the Payment Service. The Buyer uses the Payment Service solely at his/her own free will and under his/her own financial responsibility.

2.5. This Public offer shall be considered accepted and the Agreement shall be considered concluded after acceptance of its terms and conditions by the Buyer.

Acceptance is carried out by the Buyer performing the following actions:

  • selection and registration of the Order in the Store;
  • payment for the Goods.

The Agreement is binding on the parties upon its conclusion and is governed by the terms and conditions described therein and the applicable legislation of the Republic of Kazakhstan.

2.6. The Buyer shall provide reliable information about themselves or the recipient of the Goods when placing an Order, including their contact information, delivery address, and other data that is necessary for the shipment and delivery of the Goods. The Seller is not responsible for the completeness and correctness of the specified data.

The personal data of the Buyer or the person in whose favor the Goods are shipped are provided within the framework of the Agreement under the Buyer’s responsibility.

2.7. The Seller is not responsible for and does not collect and process the Buyer's payment information, such as the bank card number, its expiration dates, etc. All relations in terms of payment are regulated by each Party separately through the Payment Service. The Seller does not be responsibility in any respect for disclosing the Buyer's payment information.

2.8. By concluding the present Agreement, the Buyer accepts and agrees that: (i) all information about the Goods in the Store is for informational purposes only and does not fully convey information about its properties and characteristics, including color, size and shape; (ii) the Seller does not provide any guarantees that the Goods after their purchase and delivery will fully meet the Buyer's expectations; (iii) the Seller is only liable in the event the Goods are found defective.


3. Price of Goods. Placing and Paying for the Order.

3.1. The Price of Goods is set in the currency of the Republic of Kazakhstan - tenge. The Price of Goods is indicated in the Store.

3.2. The User places an Order by selecting Goods in the Store and adding them to the cart. The Order is subject to execution after it has been properly placed in the Store, the Buyer has entered the relevant information and paid for it.

3.3. The total cost of the Order determines the total cost of the selected Goods, and may also indicate taxes, shipping costs and other data.

3.4. The Order is paid for by 100% (one hundred percent) in advance via the Payment Service. The payment date shall be the date the funds are credited to the Seller's bank account.

3.5. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer on the online platform of the Payment Service and when placing the Order.

3.6. The Seller reserves the right to change the prices of the Goods at any time before the Order is created and paid for.

3.7. The User shall check the information about the Goods, their characteristics, prices and delivery conditions before placing the Order.

3.8. Refunds in the event of non-fulfillment of the Order by the Seller shall be made in the manner provided in the Appendix "Goods Return and Replacement Rules", which represents an integral part of this Agreement.


4. Rights and obligations of the parties

4.1. The Seller shall:

  • deliver the Goods in accordance with the selected Order;
  • inform the Buyer about the unavailability of the Goods on stock and refund in case of impossibility to fulfill the Order;
  • provide the Buyer with information about the Goods, including its characteristics and cost, in accordance with the information provided in the Store.

4.2. The Seller may:

  • change the range of Goods in the Store unilaterally;
  • cancel the Order and refund the payment received at its own discretion.

4.3. The Buyer shall:

  • familiarize himself with the characteristics of the Goods and the terms of their purchase before placing the Order;
  • pay for the Order in full within the specified time;
  • accept the Goods upon pickup within 3 (three) calendar days from the date of notification of the Order readiness.

4.4. The Buyer may:

  • return or exchange the Goods under the conditions set out in the Appendix “Goods Return and Replacement Rules” hereto.

4.5. Upon conclusion of the Agreement, the Buyer confirms that he/she:

  • has duly: (i) read the text of the Agreement, including all its integral parts; (ii) understands its content; (iii) expresses his/her full and unconditional acceptance of its terms and conditions;
  • has read and agrees that in exceptional cases the Seller does not guarantee the availability of the Goods at the time of purchase, as well as the current price of the Goods indicated in the Store at the time of payment or delivery (whichever occurs later). The Seller notifies the Buyer of possible changes to the Order, as well as of a potential refund of the amount paid after conclusion of the Agreement;
  • voluntarily and in his/her interests gives Consent to the processing, including collection, systematization, accumulation, storage (clarification, updating, modification), use, transfer to third parties, depersonalization, blocking, destruction and cross-border transfer of personal data, which include, but are not limited to the following data: mobile phone number, full name, gender, date of birth, email address, and other data necessary for the performance of the Agreement by the Seller, including, but not limited to, the possibility of identification, verification of the Buyer, including through SMS communication (messages), email and/or mobile messengers (WhatsApp, Telegram, etc.); and
  • provides his/her unconditional consent to the Seller, its partners and affiliates to receive advertising messages (including about promotions and special offers).

 


5. Goods Delivery and Handover

5.1. The Goods are delivered by the Delivery Service or according to the details and option selected by the Buyer when placing the Order.

5.2. In case of self-pickup of the Goods prepared according to the Order, the Buyer shall independently pick up the shipped Goods within a period of no more than 14 (fourteen) calendar days from the date of payment for the Goods. After the expiration of the specified period, the Seller may cancel the Order and return the received payment in the manner provided for in the Appendix "Goods Return and Replacement Rules" to this Agreement below.

5.3. The Goods shall be considered accepted by the Buyer upon signing the Consignment Note or recording the receipt of the Goods in another way (including, but not limited to, identifying and verifying the Buyer, including via SMS (messages), email and/or mobile messengers (WhatsApp, Telegram, etc.).

5.4. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment of their receipt.

5.5. The Goods delivery time is determined depending on the Delivery Service selected when placing the Order, while the maximum delivery times shall not exceed:

  • 45 (forty-five) calendar days within the Republic of Kazakhstan;
  • 90 (ninety) calendar days outside the Republic of Kazakhstan.


6. Goods Return and Exchange

6.1. The Goods shall be returned and exchanged in accordance with the legislation of the Republic of Kazakhstan and the conditions specified in the Appendix "Goods Return and Replacement Rules" hereto.


7. Disclamer

7.1. The Seller shall not be liable for:

  • improper use of the Goods.
  • direct or indirect damage caused by the use or inability to use the Goods.
  • delays and failures in the work of the Store caused by technical problems or force majeure circumstances, as well as for the actions or inactions of the Delivery Service and/or the Payment Service.

7.2. The Seller's liability for compliance with the delivery deadlines shall arise in the event of failure to comply with the delivery deadlines specified in paragraph 5.5 hereof and is limited to the return of the Price of Goods.

7.3. In the event of non-compliance of the Goods with the terms of the Order or the Seller's violation of obligations hereunder, the Seller shall be liable only to the extent of the Price of Goods.


8. Miscellaneous

8.1. The seller may amend the terms and conditions of this Public offer on the conclusion of a purchase and sale agreement at any time by publishing a new version or amending the current one.

8.2. All disputes and disagreements that may arise between the parties shall be resolved through negotiations. In the event of any disputes, the Buyer shall be entitled to write an appeal to the e-mail address specified on the Seller's official website. The period for considering the appeal shall not exceed 14 (fourteen) calendar days from the date of receipt of the appeal, while disputes regarding the return and/or exchange of the Goods shall be considered within the timeframes established in the Appendix "Goods Return and Replacement Rules" hereto.

If it is impossible to resolve the dispute in the above manner, the dispute shall be resolved in court in accordance with the applicable legislation of the Republic of Kazakhstan.


Appendix to the Public offer on the conclusion of a purchase and sale agreement "Goods Return and Replacement Rules".

The procedure for returns of the Goods by the Buyer in accordance with the Law of the Republic of Kazakhstan "On Protection of Consumer Rights":

return or exchange of the Goods is possible within 14 (fourteen) calendar days from the date of purchase.

Mandatory conditions for returning or exchanging goods:

  • the Goods have not been used;
  • appearance, consumer properties, seals and labels are preserved;
  • integrity of the original packaging is preserved;
  • a document confirming the purchase of the Goods is available.
  • the Goods must be returned in the same condition in which they were purchased, including packaging and accessories, if any;
  • the Goods are returned or exchanged without reimbursement of transportation costs.

Goods handover methods:
The Buyer can return the goods to the Supplier in two methods:

  • bring the Goods to the store personally;
  • transfer the Goods with a courier.

Set of documents for the Goods return processing:

  • scanned copy of an identity document (passport or ID card);
  • return application (form);
  • scanned copy of the invoice handed over with the courier upon delivery;
  • extract from the card account or Goods payment confirmation.

Filing the Goods return or exchange applications:
The application can be filed in one of the following methods:

  • Fill out an application on the website and attach the specified documents;
  • Fill out an application in the store and provide printed copies of documents (the buyer's signature is required);
  • Send the printed copies of documents by courier together with the Goods.

All documents must indicate the current date of return of the Goods. The period for the Goods handover to the store may not exceed 14 calendar days from the date of purchase.

If the Goods being returned do not meet the specified requirements, the Seller reserves the right to refuse the return or exchange of the Goods.


Refunds:

Refunds are made exclusively according to the details from which the payment was received, unless otherwise agreed by the parties. The period for crediting funds to the buyer's account depends on the internal regulations of the bank and can be up to 30 (thirty) days after filling out and satisfying the Goods return and/or exchange application.




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Store address
KRIDA Fitness Club, Nauryzbay Batyr Ave., 89

09:00 - 20:00, day off – Sunday