PUBLIC OFFER AGREEMENT
Under this Agreement, one party, the Seller, on the one hand, and any person who accepted the terms of this Public Offer Agreement – the Buyer, on the other hand, hereinafter collectively referred to as – the Parties, concluded this Public Offer Agreement (hereinafter – the Agreement), addressed to an unlimited circle persons, which is an official public offer of the Seller to enter into a contract with the Buyers for the purchase and sale of Goods, the images of which are posted in the relevant section of the firstkzsport.top.com website
Sellers who intend to sell Goods using the firstkzsport.top Website, and Buyers when purchasing Goods whose images are displayed on the relevant pages of firstkzsport.top, accept the terms of this Agreement.
1. GENERAL PROVISIONS
1.1 Contractual relations between the Seller and the Buyer are drawn up in the form of a Public Offer Agreement. Clicking the “buy” button on the page of the firstkzsport.top website in the relevant section means that the Buyer, regardless of status (individual, legal entity, individual entrepreneur), in accordance with current international and Kazakhstan legislation, has accepted the terms of the Agreement of the public offer specified below.
1.2 The public offer contract is public, that is, in accordance with Articles 633, 641 of the Civil Code of, its conditions are the same for all Buyers, regardless of their status (individual, legal entity, individual entrepreneur). Upon full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, responsibility for an unscrupulous Order and for non-fulfillment of the terms of this Agreement.
1.3 This Agreement enters into force from the moment the Buyer clicks on the “buy” button, by which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and complete settlement with him.
1.4 To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary.
2. TERMS AND DEFINITIONS
“Public Offer Agreement” – a public agreement, a sample of which is posted on the firstkzsport.topWebsite and the application of which is mandatory for all Sellers, which contains the Seller’s offer to purchase the Goods, the image of which is posted on the firstkzsport.top.com Website, directed to an indefinite number of persons, including Buyers.
“Acceptance” – acceptance by the Buyer of the Seller’s offer to purchase the Product, the image of which is posted on the firstkzsport.top Website, by adding it to the virtual cart and completing the Order.
“Goods” – an item of trade (product, model, accessory, components and accompanying items, any other items of trade), for the purchase of which a seller’s offer is posted on the firstkzsport.top website.
“Buyer” – any legally capable individual, legal entity, individual entrepreneur, in accordance with current international and Kazakhstan legislation, who visited the firstkzsport.top Website and intends to purchase a particular Product.
“Seller” – any legally capable natural person, legal entity, natural person-entrepreneur, in accordance with current international and Kazakhstan legislation, who are the owners or distributors of the Product and intend to sell it using the firstkzsport.top website.
“Order” – the Buyer’s application for the purchase of Goods, duly executed and posted on the firstkzsport.top Website, addressed to the Seller.
“Legislation” – norms established by Kazakhstan or international legislation for the regulation of contractual relations under the Agreement.
“Significant defect of the Product” – a defect that makes it impossible or inadmissible to use the Product in accordance with its intended purpose, was caused by the fault of the manufacturer (Seller), after its elimination, it appears again for reasons independent of the consumer.
3. SUBJECT OF THE CONTRACT
3.1 The Seller undertakes, on the terms and in the order specified by this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the firstkzsport.top website, and the Buyer undertakes to purchase the Goods on the terms and in the order specified by this Agreement and pay money for it.
3.2 The Seller guarantees that the Goods are not pledged, are not the subject of a dispute, are not subject to arrest, and there are no third party rights to them.
3.3 The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or transaction, or a transaction made under the influence of pressure or deception.
3.4 The seller confirms that he has all the necessary permits to carry out economic activities, which regulate the sphere of legal relations that arise and operate in the process of executing this Agreement, and also guarantees that he has the right to manufacture and/or sell the goods without any restrictions, and undertakes to bear responsibility in case of violation of the Buyer’s rights during the execution of this Agreement and sale of the Goods.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1 The seller is obliged to:
comply with the terms of this Agreement
fulfill the Buyer’s order in case of receipt of payment from the Buyer;
hand over the Goods to the Buyer in accordance with the selected sample on the relevant page of the firstkzsport.top website, the completed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Product during its packaging in the warehouse;
inform the buyer about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this contract.
4.2 The seller has the right to:
unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
5. BUYER’S RIGHTS AND OBLIGATIONS
5.1 The buyer is obliged to:
timely pay and receive the order under the terms of this Agreement;
read the information about the Product posted on the firstkzsport.top website
when receiving the Goods from the person who delivered them, verify the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete completion of the Goods, record them in the act, which must be signed by the person who delivered it to the Buyer together with the Buyer.
5.2 The buyer has the right to:
place an order on the corresponding page of the firstkzsport.top website
require the Seller to fulfill the terms of this Agreement;
to inform about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6. ORDER PROCEDURE
6.1 The buyer places an order independently on the appropriate page of the firstkzsport.top.ua website by adding the Goods to the virtual cart by clicking the “Add to cart!” button, or by placing an order by e-mail or by calling the phone number indicated in the contact section of the Web website firstkzsport.top.
6.2 The term of order formation is up to 2 working days from the moment of its execution. If the order is sent on a weekend or holiday, the term of formation begins on the first working day after the weekend.
7. CONTRACT PRICE AND PAYMENT PROCEDURE
7.1 The price of each individual Product is determined by the Seller and indicated on the relevant page of the firstkzsport.top website. The Contract price is determined by adding the prices of all selected Products placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of Section 8 of this Agreement .
7.2 The cost of the Order may vary depending on the price, quantity or product range.
7.3 The buyer can pay for the order in the following ways:
1) by means of a bank transfer of money to the current account of the Seller specified in the invoice, including using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of another country, according to the place of placing the order for the goods.
3) Credit card of the following type:
Visa
Visa Electron
Mastercard
Mastercard Electronic
Maestro
4) in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional fee may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional fee may be charged when the Buyer pays for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers. When clicking the “buy” button on the page of the firstkzsport.top website in the corresponding section, it means that the Seller has informed the Buyer about the possibility of paying an additional commission when the Buyer pays for European orders by the issuer of the Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card.
8. TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Product by delivery or receives it in person. The procedure for payment and receipt is indicated on the relevant page of the Website https://firstkzsport.top/dostavka_oplata
8.2 When delivering Goods on the territory of another country, which is carried out by other delivery services (hereinafter Carrier Companies), the Buyer fully and unconditionally agrees to the Rules of cargo transportation by these carrier companies.
8.3 The fact of receiving the Goods and the absence of claims to the quality of the Goods delivered by the carrier companies is confirmed by the Buyer with his own signature on the goods transport invoice, the declaration of the carrier company, or in the delivery invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the carrier company in the quantity indicated and paid for by the Buyer, complete according to the specification of the Goods and in proper (working) condition and quality.
All questions that arose during the process of payment and receipt of the Goods can be clarified by the Buyer using the contact information in the Contacts section.
9. CONDITIONS OF RETURN OF GOODS
9.1 The Buyer has the right to exchange the Goods of proper quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the Seller. The buyer has the right to exchange the Goods, taking into account the provisions of the legislation on the grounds and the list of Goods that are not subject to exchange (return).
10. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1 The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the procedure provided for by this Agreement and current international and Kazakhstan legislation.
10.2 In the event of disputes related to the performance of this Agreement by the Parties, with the exception of disputes about debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The deadline for considering a claim is 7 (seven) calendar days from the date of its receipt. In disputes related to debt collection from the Buyer, compliance with the claims procedure is not required.
10.3 All disputes, disagreements or claims arising from this Agreement or in connection with it, in particular those related to its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Kazakhstan material and procedural by right
11. FORCE MAJEURE
11.1 The parties shall not be liable for non-fulfillment of any of their obligations, with the exception of payment obligations, if they prove that such non-fulfilment was caused by force majeure, i.e. events or circumstances truly beyond the control of such party, occurred after the conclusion of this Agreement, are unpredictable and unavoidable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, frostbite, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, restrictions imposed by state authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the performance of this Agreement.
11.2 The Party for which it became impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, and also provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days. Such confirmation will be a reference, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure circumstances.
11.3 The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which performance was delayed due to the listed circumstances.
11.4 If, due to force majeure, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing.
Despite the occurrence of force majeure, before terminating this Agreement as a result of force majeure, the Parties shall make final mutual settlements.
12. OTHER TERMS OF AGREEMENT
12.1 Information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling his Order (sending a message to the Seller about ordering the Goods, sending advertising messages, etc.).
12.2 By accepting the Agreement or registering on the firstkzsport.top Website (filling in the registration form), the Buyer voluntarily gives his consent to the collection and processing of his personal data for the following purpose: the data that becomes known will be used for commercial purposes, in particular, to process orders for purchase of Goods, receiving information about the order, sending by means of telecommunications (e-mail, mobile communication) advertising and special offers, information about promotions, raffles or entertainment, as well as to receive information about the product and its cost.
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the Buyer’s postal address, e-mail, as well as send sms messages, make calls to the phone number specified in the application form.
12.3 The buyer grants the right to process his personal data, in particular: to place personal data in databases (without additional notification about this), to carry out lifelong storage of data, their accumulation, updating, change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for the specified purposes, and also at the mandatory request of the competent state body).
12.4 If the Buyer does not wish to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.
12.5 The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing the order.