Public Offer

Public offer of the online store «Elfie Shop»

Limited Liability Company "Trading Company "Parallel"" (hereinafter referred to as the "Seller") offers Products placed in the online store https://elfieshop.com (hereinafter referred to as the "Store"), to any capable adult individual and legal entity, sole trader, hereinafter referred to as the "Buyer" in case the latter accepts the terms of this Agreement and its annexes (unconditional acceptance).

This Agreement does not require a bilateral signature and is valid in electronic form.

TERMS AND DEFINITIONS

For the purposes of this Agreement, the Parties use these terms in the following meaning:

1.1. Store – an Internet website at https://elfieshop.com, through which the Seller carries out remote trade in Products.

1.2. Product – a material object placed in the Store and available for Order by the Buyer.

1.3. Defective Product – a Product that has disadvantages or significant disadvantages.

1.4. Order – a request made by the Buyer through the Website of the Store for the purchase and delivery of Products selected by the Buyer in the Store to the address specified by the Buyer.

1.5. Buyer – any individual and legal entity or sole trader who has accepted this Agreement.

1.6. Principal – legal, owner of the goods and issuing an order to the Seller for its sale.

1.7. Producer – the person who produced the Products and issues a guarantee for the Products on the terms specified in the warranty card.

1.8. Acceptance of the Offer (Unconditional acceptance) – the receipt by the Seller of a message about the intention of an individual to purchase goods on the terms proposed by the Seller. Acceptance can be expressed as a positive response to the Seller’s offer to accept the terms of the offer when placing an order.

1.9. Personal Data – information related to the Buyer, including the information specified by him when placing an Order, which allows to establish the identity of such a Buyer.

1.10. Personal data processing – a series of actions (operations) conducted with personal data with or without the use of automation facilities, including collection, systematization, accumulation, storage, clarification (updating, changing), use, dissemination (including transfer), depersonalization, blocking and destruction of personal data.

1.11. Analogue of a handwritten signature – pressing the "Confirm order" button when placing an Order on the Seller's Website, or expressing a desire to purchase Products by phone in dialogue with the Manager (when the Manager creates an Order on your behalf by phone).

1.12. Pick-up point – the location of the Seller (the courier company with which the Seller has concluded the relevant contract), where the Buyer independently receives the Order.

1.13. Manager – an employee of the Seller.

SUBJECT OF THE AGREEMENT

Due to the fact that the Seller acts on behalf of the Principal, the Principal is responsible for the Products.

2.1. The Seller undertakes to transfer ownership to the Buyer, and the Buyer undertakes to pay for and accept the Products ordered on the website of the Store. Due to the fact that the Seller acts on behalf of the Principal, the Principal is responsible for the Products.

2.2. If the Buyer does not agree with any of the provisions of this Agreement, the Buyer does not have the right to order Products or leave requests for goods through the website or by phone indicated on the website of the Store. If the Seller has made any changes to the Agreement with which the Buyer does not agree, the Buyer is obliged to stop using the website of the Store.

2.3. In accordance with Article 401 of the Civil Code of the Republic of Kazakhstan, the Parties agreed that the Seller has the right to unilaterally amend or supplement this Agreement at any time. The Seller sends the offer by posting a new edition on the Internet on the page https://elfieshop.comThe amendments come into force on the next calendar day after the publication of the new version of the Agreement.

2.4. The Buyer undertakes to get acquainted with the current version of the Agreement.

2.5. When making an Order, the Buyer guarantees that:

2.5.1. they are fully acquainted with the text of this Agreement and accept its terms. Making an order after changing the Agreement is considered by the Seller as acceptance of the new terms of the Agreement;

2.5.2. they are an individual who has reached the age of 18;

2.5.2. they are familiar with the fact that the Product is intended for persons over the age of 18.

ACCEPTANCE OFFERS

3.1. The text of this Agreement is a public offer (in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan).

3.2. The fact of placing an Order is an unconditional acceptance of this Agreement, and the Buyer is considered as a person who has entered into contractual relations with the Seller.

3.3. By agreeing to the terms of this Agreement, the Buyer confirms that they are not acting in the interests of third parties, but solely on their own behalf and in their own interests.

3.4. The Order is made by filling out and sending to the Seller a form indicating the Order parameters through the Store's website:

Name, quantity, cost of the Products;
Buyer’s Name;
Buyer’s contact phone number;
Buyer’s email address;
Delivery option.

3.5. The Order is considered completed after confirmation of the Order by phone or by mail specified in the Order by the Seller's Manager.

3.6. If the Seller has grounds to assume that the information provided by the Buyer when placing an Order is not true or is provided in incomplete volume, as well as in the case of offensive and/or inappropriate behavior, they may be refused acceptance of the Order on a temporary or permanent basis.

3.7. All input box of the Order Form are required to be filled in by the Buyer. The Seller does not verify the accuracy and relevance of the data specified by the Buyer.

3.8. The Buyer does not have the right to specify third-party data or false data in the Order Form.

3.9. Prior to placing an Order and concluding this Agreement, the Buyer undertakes to familiarize himself with:

the main consumer properties of the Products, the place of manufacture of the Products, the cost of the Products. The specified information is located on the Product page;
the payment methods. The specified information is located on the Website of the Store;
the methods and cost of delivery of the Products. The specified information is located on the Website of the Store. The delivery dates are indicative and may vary up or down, depending on the work of the Courier company with which the Seller has concluded a contract for the delivery of Products to the Buyer. The Seller reserves the right not to deliver the Order to the Buyer if the Buyer has previously unpaid Orders.

PRODUCT FEATURES

4.1. The Product is presented in the Store through photos that are the property of the Store.

4.2. Each photo is accompanied by text information: name, size, unit price and Product description.

4.3. All information and characteristics of the Products presented in the Store are for reference purposes and cannot fully convey information about the properties and characteristics of the Products, including colors, sizes, materials and shapes. If the Buyer has any questions regarding the properties and characteristics of the Products, the Buyer must contact the Seller by e-mail or by phone specified on the website of the Store before placing an order.

4.4. Due to different technical characteristics, the color of the Product may differ from the one presented in the Store.

4.5. The characteristics and appearance of the Product may differ from those presented on the Website.

4.6. The feature of the Product «Preorder» means that this Product is not available from the Seller. By placing an order for a «Preorder» Product, the Buyer expresses to the Seller a desire to buy this product after it is received by the Seller. The Seller does not guarantee the receipt of the "On request" Product.

4.7. The Seller is not responsible for the absence of the Products posted on the Website of the Store. The Buyer must independently check the availability of the Products before ordering or at the time of approval of the order with the Seller's Manager.

PRODUCT PRICE

5.1. Prices in the Store are indicated in the currency of the Rebulic of Kazakhstan (tenge) per unit of Products.

In the case of international delivery, the price of the Products in the Store is indicated in US dollars and is approximate. The final cost of the Products for international delivery is calculated in tenge at the exchange rate set by the issuing bank at the time of payment.

5.2. Tariffs for the delivery of Products are posted in the Store and are not included in the price of the Products. The shipping cost is paid by the Buyer separately and is non-refundable in case of return (exchange) Product.

5.3. The price of the Products indicated in the Store can be changed by the Seller unilaterally.

5.4. The cost of Products purchased by Buyers and their delivery does not include duties and taxes. In case of international delivery of the Products, the Buyer is responsible for paying any import duties and taxes/VAT according to the decision of the local customs authorities.

При международной доставке Товара Покупатель несет ответственность за оплату любых импортных пошлин и налогов/НДС по решению местных таможенных органов.

PAYMENT FOR THE PRODUCTS

6.1. The Buyer pays for the Products using the methods specified in the Store in the «Shopping cart» section.

6.2. In case of cash payment, the Buyer is obliged to pay the Seller the price of the Products at the time of its transfer, and the Seller is obliged to provide the Buyer with a cash or commodity receipt, or other document confirming payment for the Products.

6.3. In case of non-cash payment, the Buyer's obligation to pay the price of the Goods is considered fulfilled from the moment the corresponding funds are credited in the amount of 100% (one hundred percent) of the prepayment to the Seller's (Payment Acceptance Operator's) settlement account.

6.4. With a non-cash form of payment, the Seller delivers (issues) The Products to the Buyer only after the payment is received.

6.5. The delay in payment by the Buyer of the price of the Products for a period of more than 1 (one) calendar day from the moment of ordering the Products is a significant violation of this Agreement. In this case, the Seller has the right to unilaterally withdraw from the performance of this Agreement by notifying the Buyer.

6.6. The Buyer pays the commissions (fees) charged by credit institutions (payment systems) at their own expense when making the payment.

6.7. The Buyer must check the availability of the Products from the Seller before the payment is made.

6.8. Article 30 of the Law of the Republic of Kazakhstan «On Protection of Consumer Rights» prohibits the return and exchange of underwear and hosiery.

The return or exchange of these products is carried out only if there is a manufacturing defect or non-compliance with the declared size.

DELIVERY OF PRODUCTS

7.1. The Products are delivered to the Buyer at the address and within the time agreed upon by the Buyer and the Seller's Manager when placing the order, or the Buyer independently picks up the Products from the Seller's warehouse or pick-up point.

7.2. The cost of delivery of each Order is calculated individually and depends on the chosen delivery method.

7.3. The Buyer's failure to appear within 3 working days, refusal to accept delivery on the agreed day, postponement of delivery or failure to perform other necessary actions to accept the Products may be considered by the Seller as the Buyer's refusal to fulfill the Agreement.

7.4. The right of ownership and the risk of accidental loss, loss or damage of the Products passes to the Buyer from the moment the Products are transferred to the Buyer or Buyer's Representative.

7.5. Upon delivery, the Products are handed over to the Buyer or Buyer's Representative. The Seller is not obliged to check the Representative's authority to accept the Products if the Representative is located at the Delivery address.

7.6. The Buyer is obliged to accept the Products by name, quantity and assortment at the time of its acceptance.

7.7. The Buyer or the Buyer's Representative confirms upon acceptance of the Products that they have no complaints about the appearance, name, quantity and completeness of the Products, as well as familiarization with the rules of return (exchange) Product.

7.8. After sending the Products by the transport company, the Seller, at the request of the Buyer, informs the Buyer of the data of the transport company and the data necessary for the identification of the cargo (Products).

7.9. The Buyer undertakes to ensure the acceptance of the Products from the transport company. When receiving the Products from the transport company, the Buyer is obliged to inspect the Products for the presence and integrity of the packaging. In case of damage to the packaging and other defects, the Buyer is obliged to make appropriate notes in the waybills. Otherwise, subsequent claims of incompleteness or damage to the Products during transportation are not accepted by the Seller.

7.10. The Buyer undertakes to reimburse the Seller for the documented costs caused by the unacceptance of the Products from the transport company on the appointed day (including the services of the transport company for the responsible storage of the rejected Products, the services of the transport company for the re-delivery of the Products).

7.11. If, upon acceptance of the Products from the transport company, the Buyer refuses the Products, he is obliged to immediately notify the Seller of this using the details specified in chapter 15. Otherwise, the Seller has the right to charge the Buyer with reimbursement of the costs of responsible storage of the Products by the transport company.

7.12. In the event of the Buyer's refusal of the prepaid Products, not due to violation of the terms of the quality of the Products, the Seller withholds in their favor the costs of delivery and return of the Products, as well as all reasonable costs and expenses incurred (including storage costs), any losses, taxes and customs duties from the funds returned to the Buyer. The re-shipment of the prepaid Products to the Buyer is carried out after 100% (one hundred percent) payment of the Seller's expenses for delivery and return of the first shipment.

7.13. The delivery dates specified on the website of the Store are indicative and may differ from the actual ones up or down.

RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Seller undertakes:

Not to disclose any personal data of the Buyer and not to provide access to this information to third parties, except for cases provided for by the legislation of the Republic of Kazakhstan, this Agreement and the policy regarding the processing of personal data.;
Provide the Buyer with the opportunity to receive free telephone consultations at the phone numbers listed on the Website of the Store. The scope of consultations is limited to specific issues related to Order fulfillment and Product characteristics;
The Seller has the right to refuse the Buyer to accept and execute the Order if the Buyer made an Order earlier and did not pay for it, refused the Order at the time of delivery of the Products, did not pick up the Products from the pick-up point, or if the Seller has doubts about the reliability of the Buyer's specified data, without explaining the reasons.

8.2. The Buyer undertakes:

Prior to the conclusion of the Agreement, familiarize with the contents of this Agreement, the terms of payment and delivery on the Website of the Store;
Provide reliable information about yourself (full name, contact phone numbers, email address) and details for the delivery of the Products;
Accept and pay for the Products within the terms specified in this Agreement.

RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION

9.1. The Parties are responsible for non-performance or improper performance of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of the Republic of Kazakhstan

9.2. The Seller is not responsible for the delivery of the Order if the Buyer specified an incorrect delivery address or contact details.

9.3. The Seller is not responsible if the Buyer's expectations about the consumer properties of the Products were not justified.

9.4. The Seller is not responsible for the discrepancy in the availability of Products on the website of the Store and its actual availability in the Seller's warehouse.

9.5. The Seller is obliged to notify the Buyer of the availability of the Products at the time of approval of the order, in case of absence of the Products to offer a replacement or specify the approximate time of receipt of the Products.

9.6. All disputes and disagreements arising during the performance of obligations by the parties under this Agreement are resolved through negotiations. If it is impossible to eliminate them, the parties have the right to apply for judicial protection of their interests.

9.7. The parties have established the need to comply with the mandatory pre-trial claim procedure before going to court. The deadline for responding to a claim is set at 10 (ten) calendar days from the date of its receipt.

RETURN AND EXCHANGE OF THE PRODUCT

10.1. The Buyer has the right to refuse any Product of proper quality, if it is not suitable for some reason, at any time before its transfer, as well as after its transfer, within seven (7) days, not counting the day of its purchase.

10.2. Return of the product of proper quality:

If the Buyer wants to return the product of proper quality, the Seller reserves the right to carry out an inspection of the preservation of the product's commercial appearance (in accordance with Article 25 of the Law "On Protection of Consumer Rights").
When returning the product of proper quality, the Seller refunds the full price of the product to the Buyer and the Buyer can also order the collection of the product by paying the costs of delivery of the returned product (in accordance the Law "On Protection of Consumer Rights") or to bring the product on their own.

10.3. Return of the product of improper quality:

In case of complaints about the quality of the product, the Seller reserves the right to inspect the quality of the product (in accordance with Clause 5, Article 18 of the Law "On Protection of Consumer Rights").
Return and replacement of the product of improper quality weighing more than five (5) kilograms is carried out at the expense of the Seller (in accordance with paragraph 7 of Article 18 of the Law "On Protection of Consumer Rights").

10.4. In order to return the Product, it is necessary that:

The product was not used, its consumer properties, commercial appearance, packaging, seals, labels, as well as sales or cash voucher, documentation for the product were preserved.
The product was of proper quality (fully intact, free of damage, stains, pulls, marks and odors indicative of use, as well as other visual damages, except for hidden manufacturing defects).
If there are any complaints about the appearance and completeness of the product, the Buyer may refuse to purchase the product prior to the transfer of the product. The Buyer has the right to complain about the appearance of the delivered Product only prior to its delivery by the Seller. Reference to contamination of the Product, insufficient illumination of the room, haste on the part of the Seller's forwarding agents and other reasons shall not constitute grounds for non-performance by the Buyer of their obligations.
Food Products and individually manufactured Products shall not be subject to return or exchange.

10.5. REFUNDS

If the payment for the product was made by the Buyer in cash, the refund shall be made by the Seller to the Buyer's bank account, which the Buyer shall specify in the return form. The Buyer can receive the return form by sending a request for return of the product by phone or email address of the Seller, specified in the online store in the Contacts section;
In case the Buyer has paid for the product by wire transfer, the refund is made by the Seller to the Buyer's bank account, from which the payment for such product was made.
In case of return of the Product purchased by the Buyer from the country of near or far abroad, the refund is made in the amount of money received to the Seller's bank account when paying for the Product. The Seller is not liable for the difference of sums of payment and return of the Product due to the adjustment of the buyer's currency to tenge.

FORCE-MAJEURE

11.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement for the period of force majeure. Force majeure means extraordinary and unavoidable circumstances under the given conditions, which prevent the Parties from performing their obligations under this Agreement. These include natural disasters (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, major strikes, epidemics, etc.), restrictive measures of public authorities (prohibition of transportation, currency restrictions, international sanctions banning trade, etc.). During this time the Parties have no mutual claims, and each Party assumes its own risk of the consequences of force majeure.

VALIDITY OF THE CONTRACT

12.1. The Contract shall come into force upon unconditional acceptance by the Buyer and shall remain in force until the Parties have fulfilled their obligations.

CONSENT TO THE PROCESSING OF THE BUYER'S PERSONAL DATA

13.1. By placing an order on the Store's website, the Buyer confirms their consent to the processing of their personal data by the Seller and agrees with the «Personal data processing policy», The personal data processing policy is an integral part of this Agreement.

13.2. List of Actions with Personal Data to which the Buyer consents:

Receipt and Storage of Personal Data (electronically and in hard copy);
Specification (update, change) of Personal Data;
Use of Personal Data for the performance of this Agreement;
Transfer of the Buyer's Personal Data in accordance with the procedure stipulated by the legislation of the Republic of Kazakhstan;
For the purposes of mailing catalogs, marketing and other commercial purposes. The User has the right to refuse to receive such messages by following the link to unsubscribe, or the instructions specified by the Seller upon receipt of the relevant request;
To communicate with the User, including sending notices, requests, and information regarding the use of the Site, execution of agreements and contracts, as well as processing orders and requests of the User.
To transfer Personal Data to any third parties in the Republic of Kazakhstan and third countries for the purposes of performance of this Agreement.
Conducting statistical and other research on the basis of anonymized data.
To improve the quality of the website and services provided by the Seller.

13.4. The Buyer's consent to the processing of personal data shall be granted without limitation of its validity.

13.5. The Buyer shall have the right to withdraw (change) this consent to the processing of Personal Data solely upon personal request.

13.6. The Seller shall process and ensure the confidentiality of the Personal Data in accordance with the requirements of the current legislation of the Republic of Kazakhstan and the General Data Protection Regulation of the European Union.

OTHER CONDITIONS

14.1. Buyer understands and accepts the conditions that the information, characteristics of the Product, due to temporarily occurring technical errors on the Website of the Store may be distorted (characteristics, availability, completeness and price). The Seller reserves the right to change the information. In case of a technical error on the Website beyond the Seller's control, if this fact is proved, the Buyer reserves the right to return the Product.The parties shall interact using the following details:

For the Seller - specified in clause 15 of this Agreement;
For the Buyer - specified when carrying out the Order.

SELLER'S REQUISITES

Name: Limited Liability Company «Trading Company «Parallel»

Legal address: Republic of Kazakhstan, 010000, Nur-Sultan, Kabanbay Batyr avenue 13, apt. 1

BIN: 220640015946

BANK: JSC «Freedom Finance Kazakhstan»

BANK ACCOUNT: KZ58551Z127017107KZT

BIK: KSNVKZA

Email: elfieshop@paralleltrade.ru