Hereby, IP DEYA, represented by the director Anastasia Yuryevna Kroshina, acting on the basis of the Charter, offers any capable individual to confirm and accept for execution these General Terms and Conditions of Sale and Purchase of Goods on the terms set out in this Offer Agreement (hereinafter referred to as the Agreement). This Agreement is located on the Internet at: https://25union.store/ (hereinafter referred to as the Site) and is a public offer (hereinafter referred to as the Offer).
1. Terms and definitions
For the purposes of this Agreement, the following terms have the following meanings:
Seller - Individual Entrepreneur DEYA
Site - 25union.store, the right to use which belongs to the Seller.
Product - an object of the material world, not withdrawn from civil circulation (clothing, footwear, accessories, etc.), presented on the Site and offered by the Seller for sale to Buyers
Buyer - an individual (a party to this Agreement) specified in the Order as the recipient of the Product, or who accepted and paid for the Product, or placed an Order for the purpose of purchasing (buying) selected from the range of Goods presented on the Website for subsequent use exclusively for personal, family, household and other needs not related to the implementation of entrepreneurial activities.
Order - in the manner and on the terms specified in this Agreement and / or on the Website, sending by the Buyer to the Seller a request to purchase the Goods selected from the range presented on the Website. The execution of the Order by the Buyer is confirmation (acceptance) of the conclusion of this Agreement, familiarization and acceptance without reservation of all the terms of this Agreement.
2. General Provisions
2.1 This Agreement, as well as the information (including about the goods) presented on the Website, are a public offer in accordance with paragraph 5 of Art. 395 of the Civil Code of the Republic of Kazakhstan.
2.2 The relations between the Seller and the Buyer under this Agreement are governed by the current legislation of the Republic of Kazakhstan, including the provisions of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Protection of Consumer Rights", the Law of the Republic of Kazakhstan "On Personal Data and Their Protection", etc.
2.3 The Parties enter into this Agreement on the sale of Goods by the Seller to the Buyer on the terms specified in this Agreement.
2.4 The moment of conclusion of this Agreement is the confirmation by the Seller of the possibility of fulfilling the Buyer's Order.
2.5 The Agreement is valid until the Parties have fully fulfilled their obligations, or until the early termination of the Agreement at the initiative of one of the Parties in accordance with the terms of this Agreement.
2.6 The Seller reserves the right to unilaterally, at its own discretion, make changes to this Agreement, in connection with which the Buyer undertakes before each Order familiarize yourself with the terms of this Agreement.
3. Procedure for placing an order
3.1 The Buyer selects the Product they like from the assortment presented on the Site, determines the required size, guided by the size chart presented on the Site.
3.2 The images of the Products presented on the Site are for reference only and cannot fully convey reliable information about the properties and characteristics of the Product, including color, size, style, shape. In this regard, if necessary, you should consult with the Seller by contacting the contact information indicated on the Site.
3.3 After adding the selected Product to the “basket”, the Buyer, at his choice, places the Order in one of the following ways: either by filling in the required fields on the Site, or by phone.
3.4 The order can be placed daily. When placing an Order, the Buyer undertakes to provide the following information: the Buyer's (Recipient of the Goods) last name, first name, patronymic name, exact postal address for delivery of the Goods, contact telephone number, and e-mail address.
3.5 The Buyer is solely responsible for the content and accuracy of the information provided.
3.6 The Seller shall not be liable for failure to fulfill or improper fulfillment of this Agreement, including the Order, if the Buyer provides incomplete or inaccurate information when placing the Order.
3.7 The Seller undertakes to notify the Buyer by telephone or by e-mail provided by the Buyer of confirmation of the possibility of fulfilling the Order, indicating the essential terms of the Agreement, or of the impossibility of fulfillment (cancellation)
3.8 The Buyer undertakes not to disclose to third parties the login and password assigned when placing the Order (registration on Website).
4. Procedure and terms for order fulfillment
4.1 In the event of the unavailability of the ordered Goods in the Seller’s warehouse, including for reasons beyond the control of the Seller, the Seller has the right to unilaterally and extrajudicially refuse to perform this Agreement (cancel the Order) in relation to the unavailable Goods with mandatory notification of the Buyer.
4.2 By agreement with the Buyer, the Seller has the right to notify the Buyer about the receipt of the Goods of interest to the Buyer at the Seller's warehouse and, if necessary, reserve them for a period of no more than 1 business day.
4.3 In order to fulfill its obligations to deliver the Goods, the Seller uses the services of third parties.
4.4 The methods and approximate delivery times for the Goods are indicated on the Website in the "Delivery" section. The delivery times for the Goods depend on the delivery method chosen by the Buyer, the distance of the addressee from the Seller's warehouse in the cities of Astana, Almaty, as well as the Buyer's obligations to pay for the Goods. In the Order confirmation, the Seller specifies the possible delivery time of the Goods to the address specified by the Buyer, subject to the timely fulfillment of the Buyer's obligations.
4.5 The Seller, at its own expense, ensures the delivery of the Goods to the Buyer in the territory of the Republic of Kazakhstan within the time period agreed with the Buyer in the manner provided for in this Agreement.
4.6 Delivery of the Goods by mail to the address "On demand" is not carried out.
4.7 Upon receipt of the Goods, before providing a signature on the accompanying documents, the Buyer is obliged to inspect the Goods for compliance with the Order in terms of assortment, size, color, quantity, completeness, as well as for visible defects. In addition: if possible, the Buyer has the right to try on the Product.
4.8 The right of ownership, as well as the risks of accidental loss or accidental damage to the Product, shall pass to the Buyer from the moment the Product is transferred to him and the Buyer signs the documents confirming receipt of the Product (accompanying documents).
4.9 Upon delivery, the Product shall be handed over personally to the Buyer or to the person specified in the Order as the recipient of the Product, ordered on the terms of payment in cash at the time of delivery, by the persons specified above. The Goods are delivered to the person who provided the details of the Order (Order number and/or Buyer's full name and paid the cost of the Order in full to the person who delivered the Goods).
4.10 In order to avoid cases of fraud, as well as to fulfill the obligations assumed under this Agreement, when transferring the Goods pre-paid by bank transfer, the person who delivered the Order has the right to demand from the Buyer (recipient), determined in accordance with clause 4.9 of the Agreement, and the Buyer or another person is obliged to present an identity document and/or a duly executed power of attorney to receive the Goods on behalf of the Buyer (recipient), and also indicate the details of the specified documents in the accompanying documents.
4.11 In accordance with the Law of the Republic of Kazakhstan "On Personal Data and Their Protection", the Buyer, for the purposes of executing the Agreement, gives the Seller consent to the processing of his personal data provided to the Seller in connection with the Agreement: last name, first name, patronymic, citizenship, gender, date of birth, telephone number, place of birth, information about the place of registration and residence, passport details, telephone numbers, email address, postal address, and other information.
4.12 The processing of personal data includes the following actions: collection, recording, systematization, accumulation, storage, clarification (updating, modification), use, transfer, distribution, depersonalization, blocking, deletion, destruction of personal data.
4.13 The Seller has the right to disclose the Buyer's personal data to third parties to the necessary extent for the purpose of fulfilling the Agreement.
4.14 The processing of the Buyer's personal data may be carried out by a third party on the basis of an agreement with the Seller. The Buyer also grants the Seller permission to process personal data using the method of offset (including automated) processing, systematization, storage, distribution and transfer via the Internet to third parties.
4.15 The Seller undertakes not to use the personal data of the Buyer (recipient) for purposes not provided for by this Agreement, and to ensure the confidentiality of personal data about the Buyer. The terms of use of personal data provided by the Buyer, as well as the terms of use by Buyers of the materials and services of the Site are set out in the section "Privacy Policy" posted on the Site and constituting an integral part of this Agreement.
4.16 The time limits allotted by the Seller for receiving the delivered Goods are limited and specified in the Order confirmation depending on the delivery method chosen by the Buyer and the location of the addressee.
5. Payment for goods
5.1 Prices for goods that can be ordered by the Buyer are indicated on the Site in the national currency (Kazakhstani tenge).
5.2 Prices for Goods indicated on the Site may be changed by the Seller unilaterally. In the event if the Buyer disagrees with the prices offered by the Seller, the Buyer has the right to unilaterally refuse to perform this Agreement (cancel the Order).
5.3 Prices for the Goods agreed upon at the time of concluding the Agreement (confirmation of the Order by the Seller) cannot be changed by the Seller unilaterally, except in cases of late payment by the Buyer for these Goods.
5.4 The Buyer pays for the Goods on the terms of 100% prepayment, but no later than 2 working days from the date of concluding this Agreement (confirmation of the Order) by one of the methods available for the relevant delivery region, specified on the Website in the “Payment” section. The payment method is selected by the Buyer when placing the Order.
5.5 The moment of fulfillment by the Buyer of the obligation to pay for the ordered Goods is the moment of crediting funds to the Seller's bank account or the moment of transfer of cash to the person who delivered the Goods.
5.6 The Seller shall refund the funds paid by the Buyer using a bank card, in the cases provided for in this Agreement, to the same bank card from which the payment was made.
6. Procedure for returning goods
6.1 The Buyer has the right to refuse (return to the Seller) the ordered Goods of proper quality at any time before their transfer, and after the transfer of the Goods - within 14 days from the date of transfer of the Goods to him.
6.2 After the transfer of the Goods to him, the Buyer does not have the right to refuse (return to the Seller) the Goods of proper quality, including, but not limited to, sewing and knitted underwear, hosiery.
6.3 The return of goods of proper quality is carried out if the specified Goods have not been used, their presentation, consumer properties, labels, price tags, packaging are preserved, as well as in the presence of a document confirming the fact and conditions of purchase of the Goods.
6.4 The Buyer, concluding this Agreement, has all the rights granted to him by the legislation of the Republic of Kazakhstan "On the Protection of Rights consumers".
6.5 In order for the Buyer to return the funds, the Seller must comply with all the terms of this Agreement. The refund to the Buyer is carried out depending on the method of payment. If the payment was made by bank transfer, the refund is made to the same card from which the funds were debited. If the payment was made in cash when the goods were received, the refund is made in cash.
7. Intellectual Property
7.1. The Buyer agrees that the exclusive rights to the results of intellectual activity and means of individualization (images, drawings, designs, graphic elements, logos, slogans) contained in the information, materials, goods, including photographs, images presented on the Site belong to the Seller and/or manufacturers of the Goods or other partners of the Seller.
7.2 If during the term of the Agreement new or any other results of intellectual activity protected by law and/or means of individualization equivalent to them arise, any exclusive rights to them will belong to the Seller and/or manufacturers of the Goods or other partners of the Seller.
8. Force Majeure Circumstances
8.1 The Parties shall not be liable for failure to fulfill or improper fulfillment of obligations under this Agreement, as well as for damage caused as a result of the occurrence of circumstances force majeure caused directly or indirectly by earthquakes, fires, mudflows, floods, epidemics, military conflicts or coups, terrorist acts, civil unrest and strikes, as well as other circumstances beyond the reasonable control of the Parties. The deadlines for fulfilling these obligations shall be proportionately shifted for the duration of such circumstances, if they significantly affect the timely fulfillment of the assumed circumstances in full or that part of them that is subject to fulfillment after the occurrence of force majeure circumstances.
9. Liability of the Parties and Dispute Resolution
9.1 In the event of failure to fulfill or improper fulfillment of obligations under the Agreement, the Parties shall be liable in accordance with the current legislation of the Republic of Kazakhstan.
9.2 The Parties shall take all measures to resolve all disputes and disagreements that may arise during the performance of this Agreement or in connection with it, through negotiations between the Parties.
9.3 In the event that disputes and disagreements cannot be resolved through negotiations, they must be considered in accordance with the current legislation of the Republic of Kazakhstan.
9.4 The quality of public communication channels through which access to the Site is provided is outside the scope of responsibility of the parties to this Agreement.
10. Other and conditions
10.1 By this Agreement, the Buyer expresses its consent to receive from the Seller, by any method specified by the Buyer when placing the Order, marketing or advertising materials aimed at promoting the Products, including those involving attachments to Orders.
10.2 For the purposes of this Agreement, working days are understood to be working days based on a five-day working week, excluding weekends and non-working holidays established by law.
10.3 The Parties agree that they recognize the legal force of the texts of documents received via communication channels (website, e-mail, etc.) on an equal basis with documents executed in simple written form on paper.
10.4 The Parties agree that all correspondence, notices and notifications received to e-mail addresses and/or the website, specified in this Agreement, shall be deemed to have been delivered to the addressee in due form.
10.5 This Agreement shall enter into force from the moment of Acceptance of the offer by the Buyer and shall end upon fulfillment of the obligations assumed by the Parties in accordance with the terms of the Agreement.
