An individual or legal entity that has accepted the public offer to conclude this contract, hereinafter referred to as the “Buyer”, on the other hand,
Hereinafter collectively referred to as the “Parties”, in accordance with Article 387 of the Civil Code of the Republic of Kazakhstan, have concluded this contract as follows:
In accordance with the terms of this Agreement, the Seller undertakes to transfer the goods into the ownership of the Buyer in accordance with the order placed by the Buyer, and the Buyer undertakes to accept and pay for the goods in the manner provided for in this Agreement.
This Agreement describes the general legal principles of interaction between the Buyer and the Seller. Detailed information regarding the current conditions of processing the Buyer’s order is specified on the relevant pages of the online store.
This Agreement is a public contract and defines the mutual rights, obligations, and procedures of the relationship between the Parties.
Acceptance of the Offer and confirmation of the conclusion of this Agreement shall be deemed the placement of an order by the Buyer in the manner specified in this Agreement.
The obligation to familiarize oneself with the text of the Offer, as well as with any amendments or additions made to this document or other internal documents, rests entirely with the Buyer. The Seller bears no responsibility for incomplete acquaintance with or review of this document or other documents issued by the Seller.
From the moment of acceptance of the terms of this Offer, the Buyer becomes a Party to the Agreement and acquires rights and obligations in accordance with the terms of this Offer.
The terms of the Offer are accepted by the Buyer in full, without any changes or exceptions, and become binding.
By agreeing to the terms of the Offer, the Buyer understands the significance of their actions and is fully capable of controlling them, thereby confirming that they were not under the influence of fraud, threats, violence, or error.
By accessing the online store and entering into this Agreement, the Buyer guarantees that they possess all rights and authority necessary to conclude and perform this Agreement, including being of legal age and fully competent, or a minor declared fully competent by decision of an authorized body (emancipation), or a minor over the age of fourteen who has obtained written permission in the required legal form from their parents or other legal representatives to conclude this Agreement. The Seller is entitled at any time to request from the Buyer information and documents confirming the rights and authority as stated above.
The Buyer’s Acceptance means the full and unconditional agreement of the Buyer with all provisions of this Agreement, acceptance of its terms with the obligation to comply with the duties imposed on the Buyer arising from this Agreement and the applicable law.
Before placing an order, the Buyer is obliged to carefully read the information about the terms of sale of goods (product description, product prices, payment procedure, and others) posted on the pages of the online store, as well as the text of this Agreement, the ignorance of which does not release the Buyer from non-fulfillment of its terms. If, in the Buyer’s opinion, the terms of this Agreement are unacceptable to him or do not correspond to his actual intention, the Buyer must not accept the Offer.
Placing an order means that the Buyer has read and agrees with all the terms of this Agreement as a whole, without any conditions, exclusions, or reservations.
The Seller has the right to make changes to this Agreement and to any other internal documents relating to the goods, the rules for the provision of products, documents related to the holding of competitions, and other internal documents governing the legal relations between the Company and its Partners.
The Buyer has no right to perform actions that affect the normal operation of the online store or constitute its unfair use, including actions aimed at gaining access to another person’s personal account by selecting a login and password, hacking, or other actions.
The Buyer has no right to resell the goods at artificially reduced prices or below the prices indicated on the official website of the manufacturer: https://nrg-max.kz/products.
If cases of resale of goods at reduced prices are discovered, the Seller has the right to send a notice to the Buyer requesting to stop selling products at reduced prices. If the Buyer refuses or continues selling the products, the Seller has the right to file a lawsuit against the Buyer demanding compensation for damages caused by such actions. The Buyer must compensate all expenses and lost profits of the Seller, as well as pay a fine of 1,000,000 (one million) tenge.
Only registered users have the right to order goods bearing the Seller’s trademark through the online store and to resell them further.
Registration in the online store is carried out by the Buyer independently by filling out a special registration form.
During registration and/or when filling out the order form, the Buyer must provide truthful, accurate, and complete information about themselves for the questions asked in the registration form and in the forms on the online store sections and keep this information up to date and accurate. In case of providing false or incomplete information, the Seller has the right to suspend or cancel the Buyer’s registration and terminate the execution of the order.
Upon registration, a unique account (profile) and personal cabinet are created for the Buyer.
The personal cabinet refers to a secure section of the online store through which the Buyer can use the online store services and interact with the Seller within the framework of this Agreement. Access to the personal cabinet is carried out by the Buyer through authorization in the online store using identification data.
Identification data refers to information intended to identify the Buyer during the use of the online store. The identification data consists of a login and password, automatically created upon the Buyer’s registration.
The Buyer’s identification data is provided to the Buyer by sending an informational message to the email address specified during registration.
Actions performed using the Buyer’s identification data are considered to have been performed by the Buyer and create corresponding rights and obligations for them.
After registration and receiving the identification data, the Buyer must fill out the account form in the personal cabinet, containing the following information about the Buyer, necessary to ensure interaction between the Parties within the framework of this Agreement:
name / full name;
BIN / IIN;
full name of the contact person;
contact details (email address, phone numbers);
bank details;
other information according to the online store rules.
If there are changes to the information specified in the account form, the Buyer undertakes to immediately update the data in the personal cabinet or, if technically impossible, send a written notice to the Seller regarding the need for changes.
The Buyer is not entitled to disclose, transfer, assign, sell, lend, or otherwise provide their identification data to third parties. The Buyer undertakes to take all necessary measures to ensure the security of the identification data and prevent unauthorized access by third parties.
If the Buyer suspects that their identification data may be compromised or used unauthorizedly by third parties, the Buyer must immediately notify the Seller in writing.
In the event that identification data is disclosed or transferred to a third party, the Buyer bears full responsibility for the actions of such third party.
The Seller is not responsible for any losses or adverse consequences that may result from unauthorized use of the Buyer’s identification data by third parties.
The Seller reserves the right to block the Buyer’s account at any time, as well as to change the identification data, notifying the Buyer via email or phone.
After the account is blocked and the notification is sent, the Buyer is not entitled to sell the Goods, use the Seller’s trademark, or perform other actions that may damage the image of the Seller’s company.
Any mentions on social networks, written or oral requests from other partners to promote the distribution of similar products of other sellers and/or selling the Seller’s goods at artificially low prices to damage the image of the Seller’s company constitutes a direct reason for blocking the Buyer’s or Partner’s account without prior notice.
If the Buyer (partner) fully or partially violates the terms of the Offer, in particular by promoting the distribution of similar products from other sellers, defaming the Seller, or encouraging other Buyers (partners) to actions that may cause material
or reputational damage to the Buyer, demands unlawful returns of bonuses or other payments.
The Seller has the right to demand from the Buyer the return of all payments (bonuses, incentives) that were made during the entire period of joint activity. The Buyer, upon the Seller’s request, must return all the above payments within 10 (working) days in case of violation by the Buyer of the rules established by this Offer Agreement, unless another agreement between the Parties is reached.
All informational materials presented on the pages of the online store are for reference purposes only and cannot fully convey accurate information about the properties and characteristics of the goods.
If the Buyer has questions regarding the properties and characteristics of the goods before placing an order, the Buyer may obtain all necessary information from the Seller’s manager via the phone numbers listed on the website. Otherwise, the Seller is not responsible for the correctness of the Buyer’s selection of goods.
Only registered users may place an order and subsequently sell goods bearing the Seller’s trademark.
The Buyer places an order independently by adding goods to
the "cart" in accordance with the technical procedures applied in the online store.
When placing an order, the Buyer fills out an electronic order form for the goods and submits the completed order to the Seller via the Internet by clicking the corresponding button indicating the completion of the order placement.
The electronic order form must include the following information:
Buyer’s details (full name / organization name, IIN / BIN, phone number, email address);
order payment method;
order delivery method;
other information provided on the relevant page of the online store.
After the order placement process is completed, the order is assigned an identification number, and an informational email is sent to the email address provided by the Buyer. The email contains the order number, order date, list of ordered goods, and the method and timeframe for delivery of the goods.
The order processing time is up to three business days. If the order is placed on a weekend or public holiday, the processing period starts from the first business day following the order placement.
If the ordered goods are not available in stock, the Seller has the right to remove the unavailable items from the Buyer’s Order and notify the Buyer by phone or via email to the address provided during order placement. By agreement with the Buyer, the Seller may replace unavailable items with other goods.
Placing an order and submitting it for fulfillment by the Buyer constitutes sufficient and complete acknowledgment by the Buyer of the goods, their prices, and the availability or absence of discounts. The public offer (offer) to conclude this Agreement is considered accepted by the Buyer at the moment the order is placed.
The online store services are provided "as is." The pages of the online store (including those containing product descriptions, prices, payment, and delivery procedures) may be changed, supplemented, updated, or have their functionality modified at any time without prior notice to the Buyer. Therefore, their use is offered on an "as is" basis, i.e., in the form and scope in which they are provided by the Seller at the time of accessing the online store services. The Seller reserves the right, at its sole discretion, to suspend (temporarily or permanently) the provision of services (or any specific functions within the services) to all Buyers in general or to a particular Buyer without prior notice. The Seller does not guarantee the unconditional preservation of the Buyer’s account or the information posted by the Buyer on the online store pages.
The prices in effect at the time of order placement are determined by the Seller unilaterally and indisputably and are indicated on the online store pages in the line with the product name.
In the event that the Seller incorrectly specifies the prices for goods ordered by the Buyer, the Seller immediately notifies the Buyer to confirm or cancel the order. If it is impossible to contact the Buyer, the order is considered canceled.
The Buyer pays the order amount on the basis of 100% prepayment by any method available in the online store at the time of order placement. If necessary, the payment method and procedure for the ordered goods are agreed upon with the online store manager.
When paying by cashless method, the moment of payment by the Buyer is considered the moment the funds are received in the Seller’s bank account.
The Seller is not responsible for the correctness and accuracy of the Buyer’s compliance with the payment terms, nor for the actions of payment system operators and delays related to their work. All issues regarding payment processing should be addressed to the legal entities that are owners or operators of the respective payment systems. The Seller has no obligation to provide the Buyer with consultations regarding payment via payment systems, nor to compensate or refund money sent by the Buyer through payment systems under any circumstances.
When replenishing the Client's personal account via online acquiring, the Buyer agrees that the act of performed work and electronic invoice are not prepared or issued by the Seller.
Refunds of amounts paid by the Buyer, regardless of the payment method, are made solely if there are grounds for this in accordance with this Agreement and applicable law, within 10 (ten) business days from the date of receipt of the corresponding written request from the Buyer. When refunding cash, the Buyer must present a passport or another identity document.
The Seller has the right, for the purpose of motivating Buyers and Partners and increasing sales volumes, to reward Buyers for attracting partners. The rewarding is carried out by the Seller at its sole discretion based on the Partner Compensation Plan.
Delivery of goods is carried out according to the Buyer’s order by one of the following methods:
Within 3 (three) business days from the date of receipt of the order from the Buyer, the Seller notifies the Buyer of the readiness of the goods for shipment.
Within 3 (three) calendar days from the moment of receiving the Seller’s notification of readiness, the Buyer or its authorized representative must arrive at the Seller’s warehouse at the address specified in the corresponding order.
If the Buyer fails to pick up the goods from the Seller’s warehouse within the specified period, the Seller has the right to claim a penalty of 0.1% of the cost of the ordered goods for each day of delay. The delay period starts the day after the delivery date specified in the order agreed by the Seller.
The price of the goods agreed by the Parties in the order includes the cost of packaging and containers (if applicable to the delivered type of goods).
The Buyer bears all expenses related to transportation and ensuring the safety of the goods from the moment of their transfer to the Buyer.
The delivery time and cost are determined by the Seller taking into account the territorial distance and are indicated in the informational letter sent to the Buyer by email.
In case of a change in the delivery time, the Seller immediately informs the Buyer by phone or email to obtain consent to the new delivery terms. The Buyer is deemed to have accepted the changed conditions if within 24 (twenty-four) hours from the Seller’s notification, no written refusal is sent to the Seller.
If the Buyer provides false information about their contact details (delivery address, recipient contact information), the Seller is not responsible for improper execution of the order.
The Buyer must ensure the presence of a duly authorized representative at the agreed location during the period specified in the Seller’s informational letter.
The Buyer must ensure unloading of goods within 20 (twenty) minutes from the arrival of the Seller’s transport vehicle at the delivery location.
The Buyer must indicate the actual time of arrival at and departure from the unloading location in the waybill.
8.7. For downtime of the transport vehicle during unloading, the Seller has the right to claim a penalty of 10,000 (ten thousand) KZT per hour of downtime per vehicle.
The price of the goods agreed by the Parties in the order includes:
the cost of packaging and containers (if applicable to the delivered type of goods);
expenses related to loading the goods at the loading location;
Transport costs for delivery of goods to the Buyer’s warehouse are not included in the order price. The Buyer bears all expenses related to delivery and unloading of goods.
Acceptance of goods is carried out by the Buyer personally or by a representative authorized based on a relevant power of attorney, in accordance with the terms of the order, waybill, and other shipping documents. The issuance of a power of attorney also confirms that the authorized representative possesses sufficient knowledge and skills to determine the quantity and quality of the goods.
Upon receipt of the goods, the Buyer or their representative must present an identity document and, if applicable, a power of attorney for receiving the goods, executed in accordance with applicable law. The Buyer or representative of the Buyer, if an individual entrepreneur or legal entity, must also have the Buyer’s official seal.
If the Buyer (or recipient of the goods) fails to provide properly executed documents confirming the authority of their representative to receive the goods, the Seller has the right to refuse to transfer the goods until such documents are provided.
At the moment of acceptance, the goods must be properly inspected and checked by the Buyer (or recipient) for compliance with the order, waybill, and other shipping documents in terms of quality, quantity, and assortment.
Inspection of the goods is carried out through an external examination of the packaging, checking the contents of the packaging, and visual inspection of the goods.
By signing the waybill or any other document confirming receipt of the goods, the Buyer confirms that the received goods meet their requirements in terms of assortment, quantity, and price. The risk of signing the waybill without inspection lies with the Buyer, and claims regarding non-compliance of the delivered goods with the order will not be accepted by the Seller in this case.
The Seller’s obligations to the Buyer are considered fulfilled at the moment of actual transfer of the goods to the Buyer as per the waybill.
Ownership of the goods, as well as the risk of loss or damage, passes from the Seller to the Buyer at the moment of transfer, confirmed by the Buyer’s signature on the waybill.
Persons delivering the goods are not authorized to modify the terms of this Agreement, the conditions of sale of the goods, or to accept claims regarding the assortment, quantity, or quality of the goods. The address for submitting claims: 050022, Republic of Kazakhstan, Almaty, Nauryzbai Batyr Street 99/1, office 7a.
Upon detection of hidden defects in the goods after their transfer to the Buyer, the Buyer must notify the Seller in writing of all claims related to the quality of the goods no later than 3 (three) business days. The Buyer’s claim must be accompanied by reports, photo or video evidence, and other materials sufficiently confirming the existence of defects. In case of untimely or improper notification of defects, the Buyer loses the right to exchange, return the goods, or receive a refund, and the Seller has the right to refuse the Buyer’s claim.
Errors in selecting goods in the online store do not constitute grounds for exchange or return of goods.
Claims regarding the quality of goods are considered by the Seller within 10 (ten) business days from the date of receipt. If the Seller’s representative needs to inspect the goods at their location, the Seller may extend the consideration period up to 15 (fifteen) business days.
If the Parties confirm defects in the goods for which the Seller is responsible, the Seller must, within a reasonable period agreed by the Parties, but not less than 15 (fifteen) business days, replace the defective goods with similar goods that comply with this Agreement.
If it is impossible to replace defective goods, the Seller must refund the Buyer the amount paid for them within 15 (fifteen) business days from the date of receipt of the corresponding written request from the Buyer.
The Buyer is not entitled to use (apply, sell) goods for which a claim has been made without the written consent of the Seller.
In any case, the Seller does not replace goods or refund their cost if the goods have lost their marketable appearance (labeling violated, external or internal packaging damaged) or if documents confirming the purchase of the goods are absent.
Rules for returning goods:
The return of goods of both proper and defective (faulty) quality is carried out only in agreement with the online store manager.
The return of goods in cases provided by applicable law and this Agreement is carried out at the addresses indicated on the online store website in the "Contacts" section.
In the event of a dispute regarding the quality of goods, the Buyer has the right to conduct a quality inspection (expertise) of the goods at their own expense. If this inspection establishes that the goods have a manufacturing defect, they are replaced or the cost is refunded. In this case, all costs incurred by the Buyer for conducting the quality inspection (expertise) will be reimbursed.
Specific rules for the return or exchange of goods by individuals purchasing goods solely for personal use, not related to entrepreneurial activities, are governed by the Law of the Republic of Kazakhstan "On Consumer Rights Protection".
This Agreement comes into force from the moment the Buyer joins it and is concluded for an indefinite term, unless otherwise provided by the terms of this Agreement.
The Seller has the right to make changes to this Agreement (including modifying, adding, or deleting any clauses) without prior notice to the Buyer.
Posting changes and/or additions to this Agreement, as well as any related Seller documents in a new version on the website at https://nrg-max.kz/ constitutes proper fulfillment by the Seller of the obligation to notify the Buyer.
The Buyer is obliged to independently monitor changes to this Agreement and bears personal responsibility for checking the Agreement for any changes.
Continued use of the online store by the Buyer (any further interaction with the online store) constitutes acceptance of the changes to this Agreement.
The Seller does not accept counter-offers from the Buyer regarding changes to this Agreement.
The Seller has the right to unilaterally terminate this Agreement without judicial proceedings in the event of:
The Buyer providing false information when placing an order in the online store;
The occurrence of exceptional circumstances justifying early termination of this Agreement;
The Buyer's account being blocked due to promotion or distribution of similar products from other sellers and/or selling the Seller's goods at artificially low prices in order to harm the Seller's company image.
Other cases provided by the current legislation of the Republic of Kazakhstan.
In this case, this Agreement is considered terminated from the moment the Seller sends a notice of refusal to execute this Agreement to the Buyer's email address provided when placing the order in the online store.
In the event of termination of the Agreement for the above reasons, the Seller has the right to demand from the Buyer the return of all payments (bonuses, compensations, rewards) paid to the Buyer during the cooperation period, unless otherwise agreed by the Parties through negotiations.
The Parties agree that the following circumstances are considered exceptional, justifying early unilateral termination of the Agreement by the Seller: bankruptcy, moratorium, management of assets by proxy, liquidation or any other arrangement between the debtor and creditors, suspension or revocation of a license or other permit, as well as any other circumstances that may significantly affect the Seller's ability to fulfill its obligations under the Agreement.
Unilateral termination of the Agreement leaves the Seller the right to file a claim in the courts to recover material and moral damages caused to the company.
The Parties shall be liable for non-performance or improper performance of obligations under this Agreement as provided by this Agreement and the current legislation of the Republic of Kazakhstan.
The Seller shall not be liable for damage caused to the Buyer or third parties as a result of improper use by the Buyer of the goods ordered in the online store.
In case of an unjustified refusal by the Buyer (recipient of the goods) to accept the goods, the Buyer shall pay the Seller a penalty of 10% (ten percent) of the cost of the goods according to the order, as well as reimburse the Seller for all expenses incurred for the delivery of the goods.
The Seller does not guarantee and shall not be liable for the online store, in whole or in part, meeting the expectations of the Buyer.
The Seller shall not be liable for:
the impossibility of fulfilling obligations under this Agreement due to communication channel interruptions, power outages, global Internet segment outages, routing system failures and/or DNS system failures, DDoS attacks and other illegal actions disrupting the operation of Internet resources and communication channels, as well as due to restrictions established by authorized state authorities, failures of the payment operator or provider, and other reasons that prevent the use of the online store;
errors and interruptions in the operation of the online store, interruption of the Buyer's access to the online store, as well as the security of the Buyer's identification data (login and password) providing access to the online store due to technical failures of hardware or software;
unauthorized access by third parties to the Buyer's account using the Buyer's identification data;
errors, inaccuracies, or omissions made during the registration or posting of information by the Buyer;
failure to fulfill obligations due to force majeure circumstances;
consequences arising from the Buyer's failure to perform or improper performance of its obligations.
In the above cases, the Seller is fully released from liability, and no measures of liability (penalties, refund of payment, etc.) can be applied, and no claims can be made by the Buyer, including claims for compensation for damages (actual loss and/or lost profits).
The Seller's total obligations to the Buyer regarding payment of penalties and compensation for damages for each batch of goods shall not exceed 10% (ten percent) of the cost of the batch of goods.
Force majeure circumstances include, but are not limited to, military actions, natural or man-made disasters, epidemics, and other circumstances beyond the Seller’s control, not related to any miscalculation or negligence of the Seller, and of an unforeseen nature.
If the state of non-fulfillment of obligations under this Agreement continues for more than 3 (three) months and it is not possible to make a mandatory declaration regarding the cessation date of such circumstances within the following month, each Party shall have the right to terminate this Agreement immediately without prior notice.
The Buyer grants the Seller an unconditional right to deduct amounts of penalties, fines, and damages provided for under this Agreement from any payments due to the Buyer under this Agreement.
Texts, images, multimedia materials, software code, informational and advertising materials, and other objects constituting the content of the online store are protected by copyright and rights to means of individualization.
The combination of programs, data, trademarks, copyright objects, and other materials used in the online store constitutes the intellectual property of the Seller and/or its licensors and is protected by the intellectual property legislation of the Republic of Kazakhstan, as well as relevant international treaties and conventions. Any use of elements, symbols, texts, graphic images, programs, or other objects included in the online store without the permission of the Seller or other lawful rights holder is illegal and may lead to litigation and the imposition of civil, administrative, or criminal liability in accordance with applicable law.
The Buyer undertakes not to disclose, transfer on any media in any form (written, electronic, or otherwise), make available to any third parties, or use for personal gain or any purposes unrelated to the execution of this Agreement, the Seller’s confidential information received by the Buyer or made known/accessible to them during the conclusion and performance of this Agreement, without the Seller’s written consent, except in cases where disclosure (provision) of information is required by regulatory legal acts or based on official requests from courts or authorized state bodies of the Republic of Kazakhstan.
The Buyer agrees to consider all information provided and/or to be provided by the Parties to each other during the conclusion of this Agreement and the performance of obligations hereunder as the Seller’s confidential information. This includes, but is not limited to: personal data of individuals; login and password for access to the online store; information about the product and sales conditions not publicly available on the online store.
The obligations to maintain confidentiality provided by this Agreement remain in force throughout its term and after its termination and are unlimited in duration.
By interacting with the online store in any way (including, but not limited to, registering in the online store, authorization, transferring funds to pay for an order, and/or actual use of the online store), the Buyer gives unconditional consent to the Seller for the collection, processing, and cross-border transfer of the Buyer’s personal data, including, but not limited to, dissemination, transfer to third parties by any means, including through service providers (postal, telephone, mobile, and other communication services), accumulation, storage, modification, supplementation, use, distribution, anonymization, blocking, and destruction of the User’s personal data for the purposes of collection and processing of personal data.
The list of personal data processed by the Seller includes:
details and content of identification documents (full name, date of birth, and others);
contact information (phone numbers, postal addresses, email addresses);
signature, photograph, banking details (bank account, payment card details, and others);
username (login);
cookies, user data (including those automatically transmitted depending on the subject’s software settings);
data on behavior (actions) in the online store of the data subject (date and time of access, information about which pages are opened and which buttons are clicked by the data subject);
geolocation information of the data subject;
IP address of the data subject;
device identifier of the data subject;
information about the identifier, type and version, language of the device (operating system) and browser (or other program used to access the online store) of the data subject,
device type and screen resolution, session date and time, source from which the data subject accessed the online store (from which website or which advertisement);
HTTP headers, web beacons/pixel tags, Wi-Fi network data.
The collection, processing, and cross-border transfer of the Buyer’s personal data is carried out by the Seller for the following purposes, including but not limited to:
to ensure interaction between the Seller and the Buyer during the use of the online store;
to provide customer service, including the ability to create and manage a personal account in case of technical difficulties and access to various functions of the online store;
for the proper exercise of rights and obligations provided by this Agreement and applicable law;
for internal control and accounting;
for statistical analysis and improvement of technical and user characteristics of the online store;
for conducting marketing research, statistical studies, verification, investigation, and analysis of collected data to maintain, improve, and develop sales of new types of goods and related services, as well as to promote goods, including sending personalized (targeted) or other advertisements to the Buyer through various communication channels, including but not limited to: mailing, email, telephone and/or fax, Internet, etc.;
for judicial and extrajudicial protection of the Seller’s rights;
for submission of required reports to authorized state bodies and organizations.
The Seller processes the Buyer’s personal data in accordance with the procedure established by applicable law.
By transmitting personal data to the Seller through open communication channels, the Buyer acknowledges and accepts the risk of unauthorized access by third parties and the related consequences. The Seller is not responsible for unauthorized access to personal data by third parties.
The relations between the Parties under this Agreement or in connection with its performance are governed by the law of the Republic of Kazakhstan.
The Parties agree that pre-trial settlement of disputes arising from this Agreement is mandatory.
Before applying to the court with a claim, a Party must send the other Party a written claim indicating its demands and a deadline for voluntary satisfaction, as well as justification for the claimed demands and calculations (if the claim is monetary).
Claims must be submitted in writing and are considered by the other Party within 10 (ten) days from the date of receipt of the claim.
The pre-trial procedure is considered fulfilled:
if the Party that sent the claim receives a written refusal from the other Party to satisfy the stated demands; or
if the Party that received the claim does not provide a written response within three business days from the date of receipt; or
if the Party that received the claim does not satisfy the stated demands within the period specified in the claim; or
if the Party to whom the claim is addressed evades its receipt (does not answer phone calls, SMS messages, messages in messengers or email, is absent at the address specified in the agreement), provided there is confirmation of sending the claim by mail to the legal address or the address specified by the Party in the agreement.
If it is impossible to resolve disagreements through negotiations, the dispute shall be submitted to the Arbitration Economic Court operating in accordance with the Law of the Republic of Kazakhstan dated 08.04.2016 No. 488-V "On Arbitration" (BIN 221140037971).
Unless otherwise provided by this Agreement, any notices regarding this Agreement must be sent to the Party in writing, signed by the sending Party (or its authorized representative), by one or more of the following methods: via online store services, delivered personally to the recipient, by courier, by postal service, by email, or by any other method that ensures delivery of the correspondence and records the date of receipt. The recipient must confirm receipt of the message; if not, the sending Party must resend the message by another method.
Any notices and communications are considered received:
when handed personally to the recipient Party's representative against a signature, as well as when sent by courier service or registered mail with delivery confirmation – on the day of receipt with the corresponding mark;
when sent by postal service to the legal address or the address specified in the Agreement – on the 5th (fifth) day after dispatch (according to the document issued by the postal office upon sending);
when sent via online store services or other electronic means (email, public messengers) – on the day of sending provided there is confirmation from the program/electronic service of successful delivery.
A notice takes effect on the day it is received by the receiving Party or on the specified effective date (if indicated in the notice), whichever occurs later.
The relations between the Parties not regulated by the terms of this Agreement shall be governed in accordance with the legislation of the Republic of Kazakhstan.
For interaction under this Agreement (notifications, messages, etc.), the Parties shall use the telephone, email address of the Buyer provided to the Seller, and the telephone and email address of the Seller indicated on the Seller’s website in the "Contacts" section. A message sent by the Seller to the Buyer via email shall be considered received by the Buyer at the moment it is sent by the Seller.
The Buyer is obliged to notify the Seller of any changes in location, contact phone numbers, or email addresses no later than 2 business days from the date of such changes. Obligations of the Seller fulfilled prior to such notification using the old addresses and details shall be deemed properly fulfilled.
The Seller has the right to send messages to the Buyer, including emails to the email addresses provided by the Buyer, or SMS/Viber/Telegram/WhatsApp messages sent via instant messaging services to the mobile numbers provided by the Buyer, containing organizational, informational, marketing, and other information about the online store and the Seller. The Client may opt out of receiving such messages at any time.
The Buyer confirms that all terms of this Agreement are clear to them and that they accept them unconditionally and in full.