1. Terms and definitions
· 1.1. Please read the text of the public offer carefully, and if you do not agree with any point of the offer, you are asked to refuse to purchase the Products 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 if the conditions set out below are accepted, the individual accepting this offer makes payment 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 tantamount to concluding an Agreement on the terms set out in the offer. In this agreement, banks and microfinance organizations mean the following banks and microfinance organizations:
· SB Sberbank JSC
· JSC "Halyk Bank of Kazakhstan"
· JSC "Eurasian Bank"
· JSC "Kaspi Bank"
· Microfinance organization FREEDOM FINANCE Credit LLP
· 1.3. In this offer, unless the context otherwise requires, the following terms have the following meanings:
· “Offer” is a public offer of the Seller addressed to any individual/legal entity to enter into a purchase and sale agreement with him (hereinafter referred to as the “Agreement”) on the existing conditions contained in the Agreement, including all its annexes.
· “Seller” is a company selling the Product presented on the carpaint .kzwebsite.
· “Acceptance” means full and unconditional acceptance by the Consumer of the terms of the Agreement.
· “Product” is a list of assortment items presented on the Carpaint.kz website.
· “Order” - individual items from the assortment list of Products specified by the Consumer when placing an application on the Carpaint.kz website.
· “Site” is a collection of electronic documents (files) of the Seller available on the Internet at Carpaint.kz.
2. Subject of the agreement
· 2.1. The Seller sells the Product in accordance with the current price list published on the Seller’s website, and the Consumer makes payment and accepts the Product in accordance with the terms of this Agreement.
· 2.2. This Agreement and all appendices to it are official documents of the Seller and an integral part of the Offer.
3. Product price and payment
· 3.1. The cost of the Product 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 identifies an incorrect or incorrect price for the Goods that were ordered and/or paid for by the Consumer, the Seller has the right to:
· 1. Unilaterally change the price of the goods by updating the invoice or order with the current price, in accordance with clause 7, clause 2, art. 8-1 RFP (by making changes to the Order).
· 2. When the Seller displays the cost of the goods specified in clause 3.3.1. Offers, the Consumer has the right to terminate the Agreement with the Seller (by refusing to pay). If the consumer does not pay the amount within 24 hours from the date of placing the order, the Contract is considered terminated by the Consumer.
· 3. In case of incomplete payment of the cost of the order, the Contract is considered terminated, in which case the Seller is obliged to return the money to the Consumer (if it was received).
· 4. The order is canceled if the Consumer does not contact the Seller.
· 3.4. Payments between the Seller and the Consumer for the Goods are made using the methods indicated on the website of the online store.
· 3.5. Payment by the Buyer for an independently placed Order on the website means acceptance of 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 deadlines for order execution
· 4.1. The Order of the Goods is carried out by the Buyer through the Carpaint.kz website, or through the operator of the online store.
· 4.2. When registering (placing) an Order on the Seller’s website, the Consumer undertakes to provide registration information about himself.
· 1. Last name, first name of the Consumer;
· 2. The address to which the Goods should be delivered (if delivery is to the Consumer’s address);
· 3. Email address;
· 4.3. The name, quantity, assortment, price of the Product selected by the Consumer are indicated in the Consumer’s basket on the website of the online store.
· 4.4. If the Seller needs additional information, he has the right to request it from the Consumer. If the Consumer does not provide the necessary information, the Seller is not responsible for the Product chosen 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, data about the Consumer is registered in the Seller’s database. Having approved the Order of 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, after checking the availability of the goods, must approve the application by calling the Operator.
· 4.7. The Seller is not responsible for the content and accuracy of the information provided by the Consumer when placing an Order.
· 4.8. The Consumer is responsible for the accuracy of the information provided when placing an Order.
· 4.9. The seller is not responsible if the consumer's expectations about the consumer properties of the product are not met.
· 4.10. All information materials presented on the Carpaint.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 must seek advice or send a request by email.
· 4.11. The period within which the Seller undertakes to fulfill the Order is from one working day. The execution time of the Order depends on the availability of the ordered items of the Goods in the Seller’s warehouse and the time required to process the Order. The execution time for the Order in exceptional cases can be negotiated with the Buyer individually depending on the characteristics and quantity of the ordered Product. In the event of the absence of one or more goods in the Seller’s warehouse, including for reasons beyond the latter’s control, the Seller has the right to cancel the specified Product 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 email address specified when registering on the website, or with an additional written explanation on the sales receipt upon direct receipt of the Order by the Buyer.
· 4.12. The order is considered completed at the moment it is transferred to the Buyer. By signing the delivery note provided by the courier of the seller's courier service or by communicating the SMS verification code to the courier, the Buyer confirms the execution 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 using one of the methods indicated on the website of the online store via the Delivery link
· 5.2. The Consumer indicates the place of delivery of the Goods when placing an Order for the purchase of the Goods with delivery.
· 5.3. If the goods are not available in the city where the order was placed, the buyer has the opportunity to arrange intercity transportation subject to 100% prepayment
· 5.4 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 delivery of the Goods.
· 5.5. Information about the Product is brought to the attention of the Consumer in the technical documentation attached to the Product, on labels, by marking or in another way adopted for certain types of goods.
· 5.6. 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 order from the Consumer to the Seller, in which case the Seller executes such an order and delivers the Goods to another person as the recipient of the Goods, with the exception of cases where the delivery and transfer of the goods to a third party is impossible.
6. Order return
· 6.2. The buyer has the right, within fourteen days from the moment the non-food product is transferred to him, to exchange the purchased product at the place of purchase or other places announced by the seller (manufacturer) for a similar product of a different size, shape, dimension, style, color, configuration, etc., or for another goods by agreement of the parties, making the necessary recalculation with the seller in case of a difference in price. If the Seller does not have the goods required for exchange, the Buyer has the right to return the purchased goods to the Seller and receive the amount of money paid for it, in this case the Buyer will reimburse the Seller for overhead costs for delivery of the Goods.
· Attention!!! In accordance with Art. 30 of the Law of the Republic of Kazakhstan “On Protection of Consumer Rights” dated 04/02/2019
· The seller (manufacturer) is obliged to provide an exchange or return of a non-food product of proper quality, if it has not been used, its presentation, consumer properties, seals, labels, as well as a document confirming the fact of purchase of the product are preserved, within fourteen calendar days, if more a long period is not 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;
· metric goods, namely fabrics made from fibers of all types, knitted and curtain fabrics, artificial fur, carpets, non-woven materials, ribbons, lace, braid, wires, cords, cables, linoleum, baguette, film, oilcloth;
· cellular subscriber device.
· 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 arranging the exchange or return of the Goods.
· 6.4. If the Seller delivers the Product of inadequate quality, the Buyer undertakes to provide the Product to the Seller in the manner and under the conditions provided for on the Seller’s website, as soon as possible from the date of purchase to check the quality of the Product.
· 6.5. Ownership of the Order, as well as the risk of damage to it, passes to the Buyer from the moment the Goods are transferred to the Buyer.
· 6.6. In case of any questions or complaints, the Buyer can contact the Customer Service (CALL CENTER) at +7 777 555 66 16.
· 6.7. Claims regarding loss of performance of the Product during its operation in cases covered by the warranty obligations of the manufacturer of the Product are considered based on the conclusions of authorized service centers. The addresses and telephone numbers of authorized service centers are indicated in the warranty card for the Product. The warranty period during which the Buyer can 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 grounds for NOT providing the Seller with warranty obligations to the Buyer.
· 6.8. The Product is subject to warranty service in cases where notification of a defect in the Product is received by the Seller before the expiration of the warranty period; The product was operated without violation of the operating rules specified in the accompanying factory documentation; The product has original, unaltered inscriptions of the serial number and date of manufacture, as well as original packaging; The Buyer did not repair the Product on its own or by third parties. If there are claims regarding the quality of the Product, it will be repaired; if the Product is deemed beyond repair, the Product will be replaced; if replacement is not possible, the amount paid for such Product will be refunded.
· 6.9. Before returning/exchanging goods, an examination must be carried out at authorized service centers of the manufacturer's brand. The cost of additional verification (examination) of the quality of the product 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 arose after the transfer of the goods to the consumer due to his 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 conducting the inspection (examination). , as well as the associated costs of transporting the goods.
· 6.10. The Seller has the right to refuse to satisfy a claim for returned Products of inadequate quality in the absence of packaging or loss of its presentation, detection of external damage to the product, mismatch of numbers on the product, packaging or warranty card.
· 6.11. The parties will take all measures to resolve disputes and disagreements that may arise during the fulfillment of obligations under the Agreement through negotiations.
· 6.12. If the Parties do not reach an agreement, all disputes are subject to consideration 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, and therefore the Buyer undertakes to regularly monitor changes in the Agreement published on the Carpaint.kz website.
· 7.4. The User's bank card data is stored in the Masterpass or VISA service,
· 7.5. The user, by entering the data of the bank card(s), gives consent to Mastercard or VISAto store the bank card data and their further use in the system.