Public Offer Agreement
IE «ENTO Design»
(hereinafter – the Online Store)
This public offer (hereinafter – the Offer) is an Agreement concluded between the Online Store and a user of its services – an individual (hereinafter – the Buyer), which sets out the terms of purchasing goods, works and/or services using the resources of the Online Store.
1. GENERAL PROVISIONS
1.1. The Online Store publishes this Offer as a proposal addressed to individuals and legal entities in accordance with Articles 395, 396 and 447 of the Civil Code of the Republic of Kazakhstan (hereinafter – the Civil Code of the RK).
1.2. This Offer, like any Agreement, defines the essential terms of interaction between the Online Store and the Buyer (the person who has accepted the Offer).
1.3. This Offer is concluded between the Buyer and the Online Store at the moment the order is placed.
1.4. The Offer may be accepted by any individual or legal entity in the territory of the Republic of Kazakhstan intending to purchase goods, works and/or services sold/provided by the Online Store and presented on the website www.ento.kz.
1.5. The Buyer unconditionally accepts all the terms contained in the Offer as a whole (i.e. in full and without exception).
1.6. Upon acceptance of the terms of this Offer, the individual or legal entity becomes the Buyer.
1.7. Acceptance is the receipt by the Online Store of a message stating the intention of an individual or legal entity to purchase goods, works and/or services on the terms proposed by this Online Store.
1.8. The Offer, all amendments and appendices to it, as well as all additional information about the goods, works and/or services of the Online Store are published on the website www.ento.kz.
2. STATUS OF THE ONLINE STORE WEBSITE
2.1. The website is the property of the Online Store and is intended for arranging the distance sale of goods, works and/or services via the Internet.
2.2. By accepting the Offer (i.e. by paying for an order placed on the Online Store website), the Buyer acquires ownership of goods, works and/or services on the terms and in the manner set out in the Sales Agreement of the Online Store published on the website www.ento.kz.
2.3. The Online Store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order on the Online Store website.
3. STATUS OF THE BUYER
3.1. The Buyer is responsible for the accuracy of the information provided when placing an order and for ensuring that it is free from claims of third parties.
3.2. The Buyer confirms their consent to the terms set out in this Offer by ticking the box «I agree to all the terms of the Agreement» when placing an order.
3.3. The information provided by the Buyer is confidential. By providing their personal data, registering on the website or filling in a request form, the Buyer thereby consents to the processing of their personal data for the purpose of performing the user agreement. The Online Store uses information about the Buyer solely for the purposes of operating the Online Store (sending the Buyer notifications about order fulfilment, etc.) and in the cases specified in this Offer.
3.4. Goods are purchased by the Buyer exclusively for personal, family and household needs not related to business activities. Use of the Online Store website (resource) for viewing and selecting goods, works and/or services, as well as for placing an order, is free of charge for the Buyer.
4. SUBJECT OF THE OFFER
4.1. On the basis of the Buyer's orders, the Online Store sells goods, works and/or services to the Buyer in accordance with the terms and at the prices set by the Online Store on the Online Store website.
4.2. Delivery of goods, works and/or services ordered and paid for by the Buyer is carried out by the Online Store or by third parties engaged by the Online Store to fulfil its obligations.
4.3. Relations between the Buyer and the Online Store are governed by the provisions of the Civil Code of the RK, the Law of the Republic of Kazakhstan «On Consumer Protection», and other regulatory legal acts of the Republic of Kazakhstan governing the rights and obligations of the Parties specified in this Offer.
4.4. An individual or legal entity is deemed to have accepted all the terms of the Offer (acceptance) and its appendices in full and without exception from the moment the Online Store receives a message stating the Buyer's intention to purchase goods, works and/or services on the terms proposed by the Online Store. Upon acceptance of the Offer, the individual or legal entity is deemed to have concluded with the Online Store a Sales Agreement for the ordered goods, works and/or services and acquires the status of the Buyer.
5. PROCEDURE FOR CONCLUDING THE SALES AGREEMENT
5.1. The Buyer may place an order independently on the Online Store website or through an Online Store specialist by the telephone number indicated on the website, on the terms of the Sales Agreement.
5.2. When placing an order on the Online Store website, the Buyer must provide the following information:
• full name (for individuals) or full company name (for legal entities);
• the delivery address of the Goods;
• contact telephone number and email address of the Buyer of the Goods.
5.3. The Buyer expresses their will by entering the relevant data in the order form on the Online Store website, or by submitting a request through an Online Store specialist using information and telecommunication means or by email.
5.4. The Online Store does not edit information about the Buyer.
5.5. To obtain a paper copy of the Sales Agreement, the Buyer sends a request by email or by another method agreed with an Online Store specialist by the telephone number indicated on the Online Store website.
6. PRODUCT INFORMATION
6.1. Goods, works and/or services are presented on the Online Store website by means of graphic sample images, which are the property of the Online Store.
6.2. Each graphic image or sample is accompanied by text information: name, size range (if applicable), price and description.
6.3. All information materials presented on the Online Store website are for reference only and cannot fully convey information about the properties and characteristics of goods, works and/or services, including colours, sizes, shapes, etc. If the Buyer has any questions regarding the properties and characteristics of goods, works and/or services, the Buyer should contact an Online Store specialist by the telephone numbers indicated on the website before placing an order.
6.4. At the Buyer's request, an Online Store specialist must provide (by telephone or by email) any other information that the Buyer considers necessary and sufficient to make a decision on purchasing goods, works and/or services.
6.5. The Buyer is informed that, by purchasing goods, works and/or services at a discount granted due to shortcomings (defects) of the goods, works and/or services, the Buyer loses the right to refer to such shortcomings (defects) in the future.
6.6. The Buyer is informed by the Online Store that goods, works and/or services listed as separate items in the invoice do not constitute a set under any circumstances.
7. PROCEDURE FOR PURCHASING GOODS
7.1. The Buyer may place an order for any goods, works and/or services presented on the Online Store website. Any goods, works and/or services may be ordered in any quantity. Exceptions to this rule are indicated in the description of each item of goods, works and/or services in the event of promotions, withdrawal of goods, works and/or services from sale, etc.
7.2. The Buyer may place an order by the telephone numbers indicated on the website or independently on the website.
7.3. After an order is placed, the Online Store confirms the Buyer's order by sending to the Buyer's email information confirming acceptance of the order, stating the name, size and price of the selected goods, the characteristics of the works and/or services and the total amount of the order, or an Online Store specialist contacts the Buyer by telephone to clarify the required characteristics of the goods, works and/or services.
7.4. If the goods are out of stock, an Online Store specialist must notify the Buyer (by telephone or by email).
7.5. The Buyer may place a pre-order for goods that are temporarily out of stock.
7.6. If the goods are out of stock, the Buyer may replace them with other goods or cancel the order.
7.7. The delivery time of the goods is no more than 30 (thirty) calendar days, counted from the day following the receipt by the Online Store of a message stating the Buyer's intention to purchase the goods on the terms proposed by the Online Store.
8. PRICE OF GOODS, WORKS AND/OR SERVICES
8.1. Prices on the Online Store website are stated per unit in tenge of the Republic of Kazakhstan.
8.2. The price stated on the website may be changed by the Online Store unilaterally; however, the price of goods, works and/or services already ordered and paid for by the Buyer is not subject to change.
8.3. The total cost of the order consists of the catalogue price, the cost of delivery and, where required, lifting to the floor and installation (assembly).
9. PAYMENT FOR GOODS
9.1. Payment methods and procedure are described on the website in the «Payment and Delivery» section. If necessary, the procedure and terms of payment for an order are agreed between the Buyer and an Online Store specialist.
9.2. Non-cash payment is made according to the issued invoice within 3 (three) business days from the date of such invoice. After the funds are received in the Online Store's account, an Online Store specialist agrees the delivery date with the Buyer. In the case of non-cash payment, the Buyer's obligation to pay the order price is deemed fulfilled from the moment the relevant funds are credited to the current account specified by the Online Store.
9.3. The Buyer pays for the order by any method available on the Online Store website.
9.4. Settlements between the Parties for payment of the order are made in tenge of the Republic of Kazakhstan.
10. DELIVERY OF GOODS
10.1. Methods, procedure and timing of delivery are described on the website in the «Payment and Delivery» section. The procedure and terms of delivery of the ordered goods are agreed between the Buyer and an Online Store specialist.
10.2. Ownership and the risk of accidental destruction, loss of or damage to the goods pass to the Buyer from the moment the goods are handed over to the Buyer or their Representative.
10.3. Delivery of goods by the Online Store:
10.3.1. Ownership and the risk of accidental destruction, loss of or damage to the goods pass to the Buyer from the moment the goods are handed over to the Buyer or their Representative at the place of performance of the agreement, upon signing by the Parties of the goods acceptance certificate (delivery note).
10.4. Delivery of goods by a Carrier:
10.4.1. Ownership and the risk of accidental destruction, loss of or damage to the goods pass from the Online Store to the Buyer or the Carrier (in accordance with the agreement concluded between the Buyer and the Carrier) from the moment the goods are handed over to the Carrier at the place of performance of the agreement, upon signing by the Parties of the goods acceptance certificate (delivery note and/or waybill and/or consignment note).
10.4.2. The obligation to transfer the goods to the Buyer, including under clause 10.4.1, is deemed fulfilled from the moment the goods are handed over to the Carrier.
10.4.3. The cost of delivery for each order is calculated based on the weight and volume of all ordered goods, the delivery address and the carrier's rates, and is paid by the Buyer independently.
10.5. The Buyer must accept the goods in terms of quantity and assortment at the time of receipt.
10.6. Upon receipt of the goods, the Buyer must, in the presence of a representative of the Online Store (carrier), check that the goods match the delivery note and verify the name, quantity, quality and completeness of the goods.
10.7. When accepting the goods, the Buyer or their Representative confirms by signing the delivery note that they have no claims regarding the appearance and completeness of the goods.
11. PRODUCT WARRANTY
11.1. The warranty period for goods, works and/or services is 12 (twelve) months from the moment the goods are handed over, or the works and/or services are performed, to the Buyer or their Representative, unless otherwise provided by a supplementary agreement. The warranty does not apply to products used for purposes other than their intended purpose or in violation of the operating rules and standards established for this type of goods, as well as those defined by this Offer and the Sales Agreement.
12. RETURN OF GOODS
12.1. The Buyer may refuse the goods at any time before they are handed over, and after the goods are handed over – within 14 (fourteen) calendar days, in the manner and on the terms provided by the Law of the RK «On Consumer Protection».
12.2. Goods of proper quality may be returned if their presentable condition (packaging) and consumer properties are preserved, together with a document confirming the fact and terms of purchase of such goods, within 1 (one) calendar month from the date of signing the delivery note and/or the acceptance certificate for the Goods.
12.3. The Buyer may not refuse goods of proper quality having individually defined properties if such goods can be used exclusively by the Buyer purchasing them (including non-standard sizes made at the Buyer's request, etc.). Confirmation that an item has individually defined properties is a difference between the filling and dimensions of the goods and the filling and dimensions indicated in the Online Store.
12.4. Goods are returned, in the cases provided for by law and by this Agreement, to the addresses indicated on the website in the «Contacts» section.
12.5. If the Buyer refuses goods of proper quality, the Online Store refunds the amount paid under the agreement, less the Online Store's expenses for delivering the returned goods from the Buyer, no later than 15 (fifteen) calendar days from the date the Buyer submits the corresponding claim.
12.6. If the refund is not made at the same time as the return of the goods, the Online Store refunds the amount in cash at the location of the Online Store, or by bank transfer to the bank account from which the goods were paid for or to another account specified by the Buyer.
12.7. The method of refund specified in this clause may also be used by the Online Store in other cases of refunds provided for by this Offer and the legislation of the RK.
13. LIABILITY OF THE PARTIES
13.1. The Parties are liable in accordance with the legislation of the RK.
13.2. The Online Store is not liable for damage caused to the Buyer as a result of improper use of goods, works and/or services ordered on the Online Store website.
13.3. The Parties are released from liability for non-performance or improper performance of obligations under the Offer for the duration of force majeure circumstances.
14. OTHER TERMS
14.1. Relations between the Buyer and the Online Store are governed by the legislation of the Republic of Kazakhstan.
14.2. If necessary, the Online Store and the Buyer may at any time execute a sales agreement for the goods in the form of a written bilateral agreement that does not contradict the provisions of this Offer.
14.3. In the event of any questions or claims, the Buyer should contact the Online Store at the Online Store's location www.ento.kz, and/or by email: designento@gmail.com and/or by telephone: +77012285856, as specified on the Online Store website.
14.4. This Offer enters into force on the date of its acceptance by the Buyer and remains valid until the Parties have fully performed their obligations under it.
14.5. All disputes and disagreements arising in the performance by the Parties of their obligations under this Offer shall be settled through negotiations; if they cannot be settled through negotiations, the Parties may refer such disputes to the courts of the Republic of Kazakhstan at the location of the Online Store.
14.6. The Online Store reserves the right to expand and reduce the range of products on the website, regulate access to the purchase of any goods, works and/or services, and suspend or discontinue the sale of any goods, works and/or services at its sole discretion.
15. ADDRESS AND DETAILS OF THE ONLINE STORE
Name: IE «ENTO Design»
Legal address: 54/15 Kenesary Khan St., apt. 39, Almaty 050070, Republic of Kazakhstan
IIN: 880710450837
Current account (KZT): KZ64722S000010327929
Bank: Kaspi Bank JSC
BIC: CASPKZKA
Bank BIN: 971240001315
OKPO: 15396305