Public offer

1. General Provisions

1.1. Arbuz Group LLP, duly represented by its Managing Director Mrs. Madina Kazbekovna Mazina, acting ex officio, hereinafter referred to as the Agent, places this Public Offer for an order with subsequent delivery of consumer goods on the Website https://arbuz.kz (hereinafter referred to as the Site).
1.2. In accordance with Articles 387 and 389 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), this document constitutes a public offer, and if the terms and conditions set forth herein are accepted, the individual who accepts this offer pays for the Goods and its delivery in accordance with the terms and conditions of this offer.
1.2.1. In accordance with paragraph 3 of Article 396 of the Civil Code, the Buyer's order sent to the relevant Agent for the purchase of consumer goods for the Buyer in the store selected by the Buyer (hereinafter referred to as the Order) constitutes an Acceptance.
1.2.2. Assembling of basket on the Site with subsequent execution of the Order constitutes the Buyer's consent to the terms and conditions of the offer, to accept and pay for the consumer goods ordered through the relevant Agent, and to pay the relevant Agent who delivered the Order the cost of delivery of such goods in accordance with the terms and conditions set forth herein.
1.3. Please, read the text of the public offer carefully and, if you do not agree with any condition, do not place an order on the Site.
1.4. In this offer:
Buyer means an individual or legal entity that has entered into an Agreement with the Agent on the following terms and conditions;
Agent means a legal entity, through which the Buyer makes an order (purchase) of consumer goods in the store selected by the Buyer and which delivers the order to the Buyer;
Site means an online store that includes the www.arbuz.kz website, the Arbuz.kz mobile application for iOS devices and the Arbuz.kz mobile application for Android devices.
Offer means a public offer of the relevant Agent, which is addressed to any individual (citizen of the Republic of Kazakhstan) and legal entity, to enter into an agency agreement (hereinafter referred to as the Agreement) with the Agent, according to which the relevant Agent, by order of the Buyer, purchases and delivers consumer goods from the store selected by the Buyer under the existing conditions;
Acceptance means full and unconditional acceptance of the terms of the Agreement by the Buyer;
Goods means a list of consumer goods selected by the Buyer;
Order means distinct items from the assortment list of consumer goods specified by the Buyer when placing an order on the Arbuz.kz website;
Delivery means courier services of the relevant Agent for the delivery of the order to the Buyer from the store chosen by the Buyer;
Electronic Payment System means a transfer of funds for the Goods and its delivery to the bankcard of the relevant Agent.
Online Payment Service for the Goods means attaching the Buyer's payment bank card to the Buyer's personal account on the Arbuz.kz Website for making online payment for the Goods and its delivery.
Online Payment for the Goods means payment for the Goods at the time of its actual delivery to the Buyer without providing the courier with a bankcard or using cash.
Actual Cost means an amount of the Order, which is calculated based on the weight and price of the items at the time of the start of delivery to the Buyer.
Subscription means a package of special conditions for the Agent services called “Arbuz Friends”, which texts are posted on www.arbuz.kz website.

2. Subject Matter of the Agreement

2.1. The Buyer makes an order (purchase) of goods by placing the order on the Site with the subsequent payment of the cost of the ordered Goods and its delivery.
2.2. This Agreement and annexes hereto are official documents of Arbuz Group LLP and an integral part of the offer.

3. Ordering

3.1. The Buyer orders the Goods through the Site.
When registering on the Site, the Buyer undertakes to provide the following personal information:
- Full Name;
- Date of Birth;
- Details of legal entity (if the Buyer is a legal entity);
- Actual delivery address;
- E-mail address;
- Contact phone number.
The Buyer expresses his/her consent to processing of personal data by the Agent, to the reflection of personal data on the Buyer's page in the personal account. The purpose of personal data processing in accordance with this Clause is the fulfillment by the Agent of the terms of this Agreement. For the purposes of this Clause, the processing of personal data means: collection, organization, accumulation, storage, use, distribution of e-mails and SMS messages, informing about promotions and other actions necessary for the fulfillment of this Agreement. The Agent undertakes to take necessary and sufficient measures to protect the Buyer's personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties therewith.
3.2. The Agent is not liable for the content and accuracy of the information provided by the Buyer when placing the Order. The Buyer bears such liability.
3.3. Assembling of basket on the Site with the subsequent placement of the order constitutes the Buyer's consent to the terms of this Agreement. The moment of placing the Order is the date of the Agreement between the Agent and the Buyer. By placing the order, the Buyer simultaneously agrees to the terms of the relevant Agent related to the delivery of and payment for the Order.
3.4. All information posted on the Site is for reference only and may not fully convey reliable information about certain properties and characteristics of the ordered Goods, but without fail, such posted information will be systematically updated to fully comply with the information about the Goods presented in the store selected by the Buyer.
3.5. The Agent at any time without prior or subsequent notice to the Buyer may amend or alternate this Agreement. Any amendments or alternations become effective after five (5) calendar days from the moment such information is posted on the Site.
3.6. The Buyer may use promotional and discount codes when placing an Order. By using the promotional code, the Buyer automatically agrees to the terms of the promotional code when it is entered.
3.7. If the Buyer uses a promotional code when making a purchase, the total amount of the purchase should not exceed 200,000 tenge.

4. Acceptance and return of goods

4.1. In accordance with the terms of this Agreement, the Buyer may:
4.1.1. Refuse the ordered Goods or part thereof at any time before the delivery of the Goods to the Buyer (that is, until the moment of actual delivery, payment for the Goods and the cost of its delivery).
4.1.2. Refuse the ordered Goods after its delivery within 24 (twenty-four) hours from the moment of its acceptance, and return or exchange the Goods in case of defects in quality of the Goods previously notifying the Agent of the revealed defects in the quality of the Goods by phone or e-mail designated in Clause 9 of this Agreement.
4.2. The paid funds are refunded to bankcard within 3-10 business days under the terms and conditions of the Agent's and the Buyer's banks.

5. Terms of Delivery

5.1. The Agent delivers the Goods based on the order of the Buyer placed by the Buyer on the Site.
5.2. The Goods are delivered at the expense of the Buyer. Cost of delivery is formed at the time of ordering.
5.3. The title to the ordered Goods, as well as the risk of accidental loss (destruction) or damage to the Goods, is transferred from the Agent to the Buyer at the time of delivery of the Goods to the Buyer.
5.4. At the time of delivery of the Goods, the Buyer should be provided in writing with information about the Goods stipulated in Article 10 of the Consumer Rights Protection Law of the Republic of Kazakhstan (this information is contained on the labels of the ordered Goods).

6. Procedure, price and terms of payments

6.1. Payment for the Goods and its delivery is made by the Buyer in tenge by transferring funds to the Agent's account using electronic payment systems through the Online Payment Service for the Goods, in cash or by bank transfer upon receipt of the Goods at the time of delivery or by bank transfer, if the Buyer is a legal entity.
The Customer gives the Agent permission to debit directly the Actual Cost of the order and the cost of delivery from the attached bankcard.
6.2. The Buyer's obligations to pay for the Goods and their delivery are considered fulfilled from the moment the funds are credited into the Agent's account, or the funds are received by the courier delivering the Goods.
6.3. Settlements between the Agent and the contractor are carried out on the basis of an agreement entered into between them and are not subject to regulation of the public offer.
Cost of delivery is included in the total cost of the Order.
6.4. The Buyer may enter a Subscription by purchasing it through the Site for one (1), six (6) or twelve (12) months with automatic renewal for the corresponding period.
6.5. The cost of the Subscription is indicated on the Site at the time of its entering by the Buyer. The Customer agrees to the automatic periodic debiting of funds from his/her account for the Subscription.
6.6. The obligations of the Agent under the Subscription are considered fulfilled and are payable by the Buyer regardless of whether the Buyer requested the appropriate performance from the Agent during the Subscription period, and also regardless of the volume of use of the relevant privileges by the Buyer during the Subscription period. Services provided under the terms of the Subscription are considered rendered at the time of payment for the Subscription by the Customer for the relevant period.

7. Promotions and Special Offers

7.1. All terms and conditions of promotions and special offers for Buyers are posted on the Site.
7.2. By clicking the "Place an Order" button when assembling the basket, the Buyer agrees to the terms of the promotions posted on the Site.
7.3. Entering contact details when placing the order: phone number and email, the Buyer agrees to receive informational messages via SMS, Push notifications and emails.

8. Personal and Confidential Information

8.1. Buyer's personal and confidential information includes: name, date of birth, actual delivery address, contact phone number, email address and payment information.
8.2. The Site may collect and use data for operation only or to improve the application.

9. Liability of the Parties

9.1. In case of failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current law of the Republic of Kazakhstan.
9.2. The Agent may assign its rights and obligations for the fulfillment of the Orders to third parties.
9.3. The complaint procedure for pre-trial settlement of disputes is mandatory. The Buyer may send all claims for improper fulfillment of the order to the email address: [email protected]. The claim should include a specific list of the Agent's defaults, the number and date of the Order, contact details and signature of the Buyer who submitted the claim. Failure to comply with the form or content of the claim entails a refusal to consider it on the merits.
9.4. If the dispute cannot be settled by the complaint procedure, the dispute may be referred to the court of general jurisdiction at the location of the Agent by any interested party.

10. Term of Agreement

10.1. This Agreement become effective on the date of placing the order and is valid until the Parties completely fulfill their obligations.
In case of any questions, the Buyer may contact by phone +7 (727) 346 85 83 or by e-mail [email protected].