THE PUBLIC SALES CONTRACT (OFFER)
This Public Sales Contract (hereinafter referred to as the Contract) is addressed to physical and legal entities, hereinafter referred to as the Buyer, defines the terms of retail sales carried out by the USM Astana Limited Liability Partnership, hereinafter referred to as the Seller, and the Buyers who have joined this Contract in accordance with the terms defined therein.
- GENERAL PROVISIONS
1.1. For the purposes of this Contract the following basic terms are used: Public Contract is the present offer of using the online service, published on the website https://shop.nu.edu.kz, addressed to the Buyers, establishing the rights and obligations of the Seller and the Buyer on the order of sale and purchase of goods. Acceptance is the full and unconditional consent of the Buyer to conclude this Contract, expressed in payment of the cost of the Goods. Cost of Goods is the amount of payment for the Goods established by the Seller. Carrier companies are the carriers listed in the “Delivery” section of the website. A website is an Online Brand shop owned by USM-Astana LLP on the Internet at: https://shop.nu.edu.kz.
Компании перевозчики — перевозчики, указанные в разделе «Доставка» на сайте.
- SUBJECT OF THE CONTRACT
2.1. The Seller undertakes to sell goods in assortment (hereinafter referred to as the Goods-) to the Buyer, and the Buyer undertakes to accept and pay for the Goods, under the terms of this Contract. 2.2. This Contract regulates the relations between the Seller and the Buyer on the purchase and sale of Goods, using the website, by accepting this Contract, carrying out procedures for ordering Goods, with granting the Buyer the right to use the paid services for the delivery of Goods to the location of the Buyer. 2.3. This Contract is public, the terms of this Contract are developed in accordance with the current legislation of the Republic of Kazakhstan and established by the Seller independently. The fact of acceptance by the Consumer of the terms of this Contract is the Buyer's payment for the Goods ordered by the Buyer in accordance with the procedure and on the terms set forth in this Contract.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Seller undertakes to: 3.1.1. Provide information to the Buyer by notifying the Buyer in a publicly accessible way (including: by posting information on the website) regarding the delivery methods of the purchased Goods, payment methods and carrier companies providing delivery services for the purchased Goods and tariffs for the delivery of the Goods. 3.1.2. Deliver the Goods paid for by the Buyer in accordance with the Goods delivery procedure selected by the Buyer. 3.1.3. Provide the Buyer the necessary documentation along with the Goods. 3.1.4. Bear other obligations stipulated by the current legislation of the Republic of Kazakhstan. 3.2. The Seller has the right to: 3.2.1. Demand compensation for damages caused by non-performance or improper performance of obligations under this Contract by the Buyer. 3.2.2. Make changes (additions) to the terms of this Contract by notifying the Buyer in a publicly available way (including by posting information on the website). The Buyer shall be deemed to have accepted the changes (additions) to the terms of this Contract if after 30 (thirty) calendar days from the date of notification of the Seller about the changes (additions) to this Contract, the Seller does not receive a written refusal to accept such changes. 3.2.3. Exercise other rights stipulated by the current legislation of the Republic of Kazakhstan. 3.3. The Buyer is obliged to: 3.3.1. Pay the cost of Goods in accordance with the terms of this Contract. 3.3.2. Take all the necessary actions to ensure the acceptance of the Goods from the Seller. 3.3.3. Reimburse the Seller for losses caused by non-performance or improper performance by the Buyer of its obligations under the terms of this Contract. 3.3.4. Bear other obligations stipulated by the current legislation of the Republic of Kazakhstan. 3.4.1. Receive the Goods and independently choose the method of payment and delivery in accordance with the terms of this Contract. 3.4.2. Exercise other rights stipulated by the current legislation of the Republic of Kazakhstan. 3.4.3. Apply for the protection of its violated rights and legitimate interests: - to the subjects of pre-trial settlement of consumer disputes, contact details of which are available on the website: http://potrebitel.kz/ - to the authorized body for the protection of consumer rights, contact details of which are available on the website: https://www.gov.kz/memleket/entities/mti-kzpp/ - to judicial authorities, in accordance with the legislation of the Republic of Kazakhstan.
3.4. The Buyer has the right to:
- COST OF GOODS AND ORDER OF PAYMENTS
4.1. The cost of the Goods is set on the website. 4.2. The Buyer independently chooses the procedure of payment for the cost of Goods. 4.3. When purchasing the Goods, the Buyer chooses the necessary Goods through the website, places an order, chooses the method and cost of delivery, and then, depending on the selected items, the Seller sends the Buyer an invoice for payment. The invoice for payment is valid for 5 (five) banking days from the moment of sending by the Seller. 4.4. The Buyer confirms that he / she has read and agrees with the terms of payment posted on the website. 4.5. The payments shall be made in the national currency of the Republic of Kazakhstan - KZT.
5. DELIVERY AND ACCEPTANCE PROCEDURE
5.1. The Goods shall be delivered according to the delivery methods chosen by the Buyer and after receipt of the full cost of the Goods. 5.2. When placing an order with delivery, after the receipt of the cost of the Goods according to the invoice to the current account of the Seller, the Goods are prepared for shipment and transferred to the representatives of the carrier company for shipment to the Buyer. When choosing the method of payment for the cost of the Goods by cash on delivery, the delivery of the Goods is carried out without advance payment. 5.3. Delivery of Goods to the place of destination required by the Buyer is carried out by the carrier company if it is technically possible to carry out delivery. 5.4. The fact of receipt of the Goods by the Buyer is the signing of the courier invoice or an invoice for the shipment of the Goods. 5.5. Acceptance of the Goods shall be performed by the Buyer on the day of delivery of the Goods by courier, and for delivery by post, upon notification to the Buyer. 5.6. The Buyer confirms that he / she has read and agrees with the terms of delivery posted on the website.
5.3. Доставка Товара до места назначения, необходимого Покупателю, осуществляется Компанией перевозчиком при наличии технической возможности осуществить доставку.
6. LIABILITY OF THE PARTIES
6.1. The Seller and the Buyer shall be liable for non-performance or improper performance of obligations in accordance with this Contract and the laws of the Republic of Kazakhstan. 6.2. The Seller is not responsible for: 6.2.1. Availability of Goods in Seller's warehouse after the expiration of 5 (five) banking days from the moment the invoice was sent to the Buyer. 6.2.2. Defects in the Goods resulting from the Buyer's failure to comply with the rules of use of the Goods, or failure to comply with the terms of the warranty. 6.3. Relationship not regulated in this section, which are determined by the current legislation of the Republic of Kazakhstan..
7. PRODUCT RETURN
7.1. The relationship between the Seller and the Buyer on the return, exchange of goods shall be governed in the manner and on the terms stipulated by the Law of the Republic of Kazakhstan “On Protection of Consumer Rights of the Republic of Kazakhstan”. 7.2. Return of a good quality product is possible if its marketable condition (packaging), consumer properties, as well as the document confirming the fact and conditions of purchase of the specified goods are preserved. 7.3. The Buyer does not have the right to refuse the goods of proper quality, which have individually specific properties, if the specified goods can be used exclusively by the Buyer purchasing it (including non-standard sizes(at the request of the Buyer), etc.). Confirmation that the item has individually defined properties is the difference between the filling and the size of the product to the filling and the size specified in the online store. 7.4. Return of goods, in cases stipulated by law and this Contract, is made to the addresses indicated on the website in the “Contacts” section. 7.5. If the Buyer rejects the goods of proper quality, the Seller shall return the amount paid under the contract, except for the Seller's costs of delivery of the returned goods from the Buyer, not later than 15 days from the date of the Buyer's submission of the relevant request. 7.6. If the refund is not made simultaneously with the return of goods, the refund of this amount shall be made by the Seller in cash at the location of the Seller, or by transfer to the Buyer's bank account from which the payment for the goods was made, or other account reported by the Buyer. 7.7. The method of refund specified in this paragraph may be used by the Seller in other cases of return of funds provided by this contract and the legislation of the Republic of Kazakhstan.
8. TERMS OF CONCLUSION AND TERMINATION OF CONTRACT
8.1. The Parties hereby declare that at the time of acceptance of the terms of this Contract, they have all the powers to conclude it and fulfill its terms. 8.2. This Contract shall come into force upon its publication on the website. 8.3. This Contract shall be considered concluded for an indefinite period. 8.4. This Contract shall be considered concluded between the Buyer and the Seller from the moment of payment for the Goods ordered by the Buyer. The payment for the Goods shall be the acceptance of the terms of this Contract by the Buyer. 8.5. Entry into force of this Contract shall not release the parties from the performance of mutual obligations arising prior to its acceptance. 8.6. This Contract shall be public (Article 387 of the Civil Code of the Republic of Kazakhstan). 8.7. The Buyer has the right to terminate this Contract by notifying the Seller in writing, stating the reason for termination. Written notice of termination of this Contract shall be sent by the Buyer to the Seller's address. 8.8. All other matters not covered by this Contract shall be governed by the current legislation of the Republic of Kazakhstan.
9. ADDRESS AND DETAILS OF THE SELLER
Company name: "USM Astana" Limited Liability Partnership Legal address: 53 Kabanbay Batyr avenue, Nur-Sultan city, 010000, BIN 140740024703 IIC: KZ66998BTB0000483704 First Heartland Jýsan Bank JSC BIK: TSESKZKA Phone: +7(7172)70-26-76, 70-62-01
