Terms and Definitions.
In this offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part of it:
"Seller", "Operator" - a legal entity, Limited Liability Partnership
"Mirzagaly" (BIN 200340013995), registered office at: Kazakhstan, Almaty city, Bostandyk district, Gagarin Avenue, house 311a, apt. 162, postal code 05000, created in accordance with the legislation of the Republic of Kazakhstan and carrying out entrepreneurial activities in the sale of Goods, including by remote means.
"Buyer", "User" - any individual who has accepted (accepted) this offer on the following conditions and provided the Seller with his personal data by registering on the Site, which can be used by the Seller to complete the Buyer's Order.
"Site" means the Seller's official web page at wechathelpme.com.
"Online store" - the Seller's official online store for the sale of Products posted on the Site.
"Goods" - a list of the Seller's products presented on the Site (including the Seller's souvenirs).
"Order" - a request made by the Buyer in the online store for the purchase and delivery of the Goods selected by the Buyer in the online store, and provided to the Seller via the Internet (electronic form posted on the Site) or issued by the Buyer by phone.
"Courier service" - persons who provide services in the interests of the Seller for the delivery of the Goods ordered by the Buyer.
For the purposes of this offer, terms and definitions in the singular also refer to terms and definitions in the plural and vice versa.
1. General Provisions
1.1. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the "Civil Code of the Republic of Kazakhstan"), this document is a public offer addressed to individuals, and if the conditions set out below are accepted, the individual undertakes to pay for the Goods on the conditions set forth in this offer. In accordance with paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan, the moment of the final confirmation of the Order by the Buyer is the acceptance of the Seller's offer, which is tantamount to the conclusion of the Retail Sale and Purchase Agreement (hereinafter referred to as the "Agreement") of the Goods under the conditions established in this offer and on Site.
1.2. The Seller and the Buyer guarantee that they have the necessary legal and legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement for the retail sale of the Goods. In accordance with the Law of the Republic of Kazakhstan dated July 16, 1999, No. 429-1 "On state regulation of the production and circulation of ethyl alcohol and alcoholic products", the sale of alcoholic products to persons under the age of 21 is prohibited. Courier service employees have the right to demand a passport or other document proving the age of the Buyer.
1.4. The provisions of the Civil Code of the Republic of Kazakhstan (including the regulation on retail sale and purchase (Chapter 25, § 2), the Law of the Republic of Kazakhstan "On Protection of Consumer Rights" dated 04.05.2010, No. 274-IV and others) apply to the relationship between the Buyer and the Seller. regulatory legal acts of the current legislation of the Republic of Kazakhstan (hereinafter referred to as the text of this offer - "RK").
1.5. The Seller reserves the right to make changes to this offer, in connection with which the Buyer undertakes to independently monitor the presence of changes in this offer posted on the Site. The Seller is obliged to post a notice of changes to this offer on the Site in the form of an information message no later than 3 (Three) business days before the date of their entry into force.
1.6. By agreeing to this offer, the Buyer automatically accepts the terms of public offers of other persons on the Site that sell Products within the franchise network under a single trademark "wechathelpme".
2. Subject of the Agreement
2.1. The Seller transfers, sells the Goods at the prices presented on the Seller's Website, and the Buyer makes payment and accepts the Goods in accordance with the terms of this offer.
2.2. Ownership of the Goods passes to the Buyer at the time of acceptance of the Goods by the Buyer and payment by the latter of the full cost of the accepted Goods. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are accepted by the Buyer.
3. Rights and obligations of the parties
3.1. The seller undertakes:
3.1.1. from the moment this offer is accepted, ensure the fulfillment of its obligations to the Buyer on the conditions established by this offer and in accordance with the requirements of the current legislation of the Republic of Kazakhstan. The seller reserves the right to refuse to fulfill his obligations due to in the event of force majeure circumstances ("force majeure") in accordance with Section 9 of this offer;
3.1.2. process and store the Buyer's personal data provided to the Seller, ensure their confidentiality and do not provide access to this information to third parties, except as provided for by the current legislation of the Republic of Kazakhstan. By accepting (accepting) this offer, the Buyer confirms his consent and allows the Operator to process his personal data, including: last name, first name, patronymic; delivery address; telephone. The processing of personal data in this offer means: collection of the above data, their systematization, accumulation, storage, clarification (update, change), use, blocking, destruction.
18.104.22.168. The Operator has the right to transfer the Buyer's personal data to the Courier Service in order to deliver the last-ordered Goods to the Buyer.
22.214.171.124. The Buyer agrees and permits the Operator and its services to process the Buyer's personal data using automated database management systems, as well as other software and hardware. Work with such systems is carried out according to the above in paragraph 3.1.2. algorithm (collection, systematization, accumulation, storage, refinement, use, blocking, destruction).
126.96.36.199. The Operator has the right to independently determine the methods of processing the Buyer's personal data used (including, but not limited to: automatic verification of postal codes with the code / index base, automatic spelling check of street / town names, database segmentation according to specified criteria, etc.).
188.8.131.52. The operator ensures the confidentiality of the personal data provided by the Buyer, their protection from copying, distribution. At any time, the Buyer has the right to request a list of his personal data and / or demand to change, destroy his personal data by calling the Operator by phone, indicating the name, patronymic, surname and delivery address.
184.108.40.206. The Seller undertakes to prevent attempts of unauthorized access to the Buyer's personal data provided to the Seller; timely detect and suppress such attempts.
3.2. The seller has the right to change the terms of this offer; prices for the Goods indicated in the online store; terms of payment and delivery of the Goods; methods, terms and territory of delivery of the Goods; as well as other conditions specified in this offer and on the Site.
3.3. The buyer undertakes:
3.3.1. prior to placing the Order on the Site - familiarize yourself with the content and conditions established in this offer, as well as with other conditions specified on the Site, including the prices for the Products set in the online store, the delivery area of the Products and the minimum order value, which must be done in order for it to be delivered to the Buyer;
3.3.2. provide reliable personal data necessary to identify the Buyer and sufficient to complete a transaction with the Seller and deliver the Goods ordered by him to the Buyer;
3.3.3. pay for the ordered Goods on the terms of this offer;
3.3.4. not to use the Products ordered in the online store for business purposes;
3.3.5. comply with the conditions established in this offer, as well as other conditions specified on the Site.
3.4. The buyer has the right;
3.4.1. use the online store after registering a User account. Account data is exclusive and non-transferable. If the Buyer transfers the account data to a third party, the Buyer is fully responsible for the actions committed by such third parties, as well as for losses caused by such third parties to the Seller;
3.4.2. to receive information (advertising messages, mailing) about ongoing promotions in the form of sms messages via mobile radiotelephone networks to the subscriber phone number specified during registration. The user has the opportunity to unsubscribe from the newsletter at any time, as well as subscribe to the newsletter again;
4. Registration and terms of execution of the order
4.1. The Buyer's order can be placed by phone and / or by filling out the electronic Order form on the Site.
4.1.1. When placing an Order by phone or via an electronic form on the Site, the Buyer thereby confirms that he is familiar with the terms of this offer and undertakes to provide the Seller with all the information necessary for the proper execution and execution of the Order.
4.1.2. When placing an Order through the Site, the Buyer fills out an electronic Order form and sends the generated Order to the Seller by confirming the Order in electronic form.
4.2. If the Seller's warehouse does not have the required quantity or assortment of the Goods ordered by the Buyer, the Seller informs the Buyer about this by phone within 30 minutes after receiving the Order from the Buyer. The Buyer has the right to agree to accept the Goods in a different quantity or assortment, or to cancel his Order. In case If the Buyer does not receive a response, the Seller has the right to cancel the Buyer's Order in full.
4.3. The Buyer does not have the right to change the composition of the Order.
4.4. If the Buyer has additional questions regarding the properties and characteristics of the Goods, before placing the Order, the Buyer must contact the Seller by phone +77758885073 to obtain the necessary information, in accordance with the operating hours indicated on the Site.
5. Payment for Goods
5.1. The prices for the Goods are determined by the Seller unilaterally and are indicated on the Site in Russian rubles. The price of the Goods can be changed by the Seller unilaterally. In this case, the price for the Goods ordered by the Buyer is not subject to change.
5.2. The Buyer can order only those Products that are in stock at the time of ordering.
5.3. Payment for the Goods by the Buyer is made in tenge of the Republic of Kazakhstan in one of the following ways:
5.3.1. In cash:
220.127.116.11. payment is made upon receipt of the Goods, the confirmation of which is the cash or sales receipt provided by the courier service employee.
18.104.22.168. cash payments are limited to a maximum amount. The maximum order amount is determined by the Seller unilaterally and is indicated on the Seller's Website. An order exceeding the maximum amount is paid in accordance with clause 7.3.2. of this Offer.
5.3.2. by bank transfer, by transferring funds to the Seller's account. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the corresponding funds are debited from his personal account.
6. Return and exchange of goods
6.1. The Seller is obliged to transfer to the Buyer the Goods that fully comply with his Order, the quality of which corresponds to the information provided to the Buyer at the conclusion of the Agreement, as well as the information brought to his attention during the transfer of the Goods (on the label or insert attached to the Goods or their packaging, or by other means provided for certain types of Goods).
6.2. Upon receipt of the Goods, the Buyer checks the compliance of the received Goods with the Order, completeness and absence of claims to the appearance of the delivered Goods. In case of receipt of low-quality, incomplete Goods, or non-compliance of the Goods received with the ordered, the Buyer has the right to demand the replacement of such Goods with Goods of proper quality immediately at the time of receipt, or within 5 minutes after receiving the Goods.
6.3. If the conditions of clause 8.2 of this offer are not met, the Buyer's claims regarding the appearance of the Goods and their completeness will not be accepted.
7. Force majeure
Either Party is released from liability for full or partial failure to fulfill its obligations under this offer if this failure was caused by force majeure circumstances. Force majeure means extraordinary events and circumstances that the Parties could neither foresee nor prevent by reasonable means. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, etc.
8. Responsibility of the parties
8.1. For non-fulfillment or improper fulfillment of the terms of this offer (the Seller's offer accepted by the Buyer), the Parties are liable in accordance with the legislation of the Republic of Kazakhstan.
8.2. All textual information and graphic images posted in the online store and on the Site have a legal copyright holder. Illegal use of this information and images is prosecuted in accordance with the current legislation of the Republic of Kazakhstan. In the case of posting information and / or images taken from the resource www.wechathelpme.com
">www.wechathelpme.com, placing a link to the resource www.wechathelpme.com is mandatory.
8.3. The Seller is not responsible for damage caused to the Buyer as a result of his improper use of the Goods purchased in the online store.
8.4. The Seller is not responsible for the Buyer's losses incurred as a result of incorrect filling of the Order, including incorrect indication of personal data;
8.5. The buyer is fully responsible for the accuracy of the information and personal data specified by him when registering in the online store.
8.6. The user guarantees that he will not use the online store and the Site for purposes other than those specified in this offer.
8.7. In case of violation by the User of obligations under the terms of this offer, the Seller has the right to block the Buyer's access to the use of the Internet store by blocking the Buyer's login (subscriber phone number).
9. Other conditions
9.1. This offer comes into force from the moment the Buyer performs actions aimed at ordering goods in the online store.
9.2. All disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties will try to resolve through negotiations.
9.3. If no agreement is reached during the negotiations, disputes will be resolved in court in accordance with the current legislation of the Republic of Kazakhstan.
Name: Limited Liability Partnership "Mirzagaly"
Registering body: Department of registration of rights to real estate and legal entities of the branch of the non-profit joint-stock company "State Corporation" Government for Citizens "in the city of Almaty
Initial registration date: March 12, 2020
Activities: Wholesale of a wide range of goods without any specification
Location: Kazakhstan, Almaty city, Bostandyk district, Gagarin Avenue, building 311a, apt. 162, postal code 050000