Public offer for clients of the Private Company "Tayyab Central Asia Ltd"Private company "Tayyab Central Asia Ltd"
(registered by the Registrar of Companies of the Astana International Financial Center, BIN 200640900169, legal address: Republic of Kazakhstan, Nur-Sultan, 55/22 Mangilik Yel ave., C 4.3 block, 140 office), represented by Director Daniyar Kenzhebekovich Uspanov, acting for on the basis of the Articles of Association, hereinafter referred to as the "Contractor",
posted on his official website www.tayyab.kz
(the “Site”) this Public Offer (the “Offer”) for clients - individuals and legal entities (the “Client”) who intend to purchase for their personal, household and other needs not related to business activities from the Contractor in the Republic of Kazakhstan items of clothing, accessories or other items presented by the Contractor for sale on the Site (the “Goods”). Delivery of the Goods is carried out only on the territory of the Republic of Kazakhstan, the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Kyrgyz Republic, the Republic of Turkey.
In accordance with Art. 395 of the Civil Code of the Republic of Kazakhstan (the “Civil Code”), this document is a public offer, and if the conditions set forth in it are accepted, the individual or legal entity that accepts this offer acquires the Goods from the Contractor in accordance with the terms of this Offer. In accordance with paragraph 3 of Article 396 of the Civil Code, the use by the Client of the Site, any of its services, functionality for receiving the Goods of the Contractor and payment for the Goods is a full and unconditional acceptance of this Offer (agreement with all the terms of the Offer).
The Client agrees and confirms that the acceptance of this Offer also means giving consent to the Contractor and the Contractor's partner banks for collection and processing, transfer to any organizations in any way, including through persons providing communication services (postal, telephone, cellular and other types of communication) , personal data of the Client, which he freely, independently and in his own interest transfers to the Contractor, orally and in writing, using any means of communication in accordance with the current legislation of the Republic of Kazakhstan on the protection of personal data for purposes related to:
1.1. the purchase of services and Goods of the Contractor and partner banks of the Contractor in the Republic of Kazakhstan;
1.2. informing about ongoing promotions and special offers of the Contractor and partner banks of the Contractor in the Republic of Kazakhstan;
1.3. ensuring interaction between the Contractor, authorized bodies of the Republic of Kazakhstan, partner banks of the Contractor in the Republic of Kazakhstan.
In accordance with the Law of the Republic of Kazakhstan "On Personal Data Protection", the Client, by accepting this Offer, provides his unconditional consent to the Contractor and the Contractor's partner banks in the Republic of Kazakhstan and third parties that are and (or) may be related to the conduct of operations / implementation of actions / conclusion and (or) execution of any transactions concluded (which may be concluded) between the Client (the Client's representative) and the Contractor and/or the Contractor's partner banks in the Republic of Kazakhstan for the collection and processing of the Client's personal data, both on paper and in electronic format, in the databases of the Contractor and partner banks of the Contractor.
Personal data - any information related to the Client, recorded on electronic, paper and (or) other tangible media, which may contain (including, but not limited to):i) information necessary for filling out questionnaires, applications and proper identification:
Full Name; citizenship; details of the identity document; individual identification number; date and birth data; floor; a photo; signature; etc.;ii) information about family/social status:
details of the marriage certificate, last name, first name, patronymic of the spouse(s), details of the identity document of the spouse(s); the presence / absence of dependents and (or) other family members; degree of relationship, surnames, first names, patronymics and dates of birth of other family members, dependents; a list of individuals whose official representative and (or) guardian is the Client; other information;iii) information necessary to maintain communication:
place of residence, place of actual location (stay / residence), place of work and position; phone number (home, work, cell), email address; information contained in the address certificate, etc.;iv) information related to the provision of services by the Contractor, partner banks of the Contractor (transactions, transactions, performance of actions):
texts of contracts (agreements), additional agreements thereto, statements and consents, correspondence, instructions on conducting operations (payment, cash and other documents), title documents, bank account numbers, etc.;v) details of the purpose and nature of the business relationship;vi) information about education, professional activity, official position, business reputation:
education, profession, qualifications (including advanced training), position, academic degree, academic title, membership in professional chambers/organizations, knowledge of foreign languages and other information; data of certificates of state registration of an individual entrepreneur, data of licenses for the implementation of licensed activities, certificates, patents, diplomas, certificates; information on the presence/absence of a criminal record, bringing to criminal/administrative responsibility;vii) other information required by the Contractor, partner banks of the Contractor
,including, for filling out a questionnaire, forming a dossier (client / personal file) in accordance with the requirements of the legislation of the Republic of Kazakhstan and internal documents of partner banks (including information on the Client's participation in the capital of legal entities - participation share, quantity (share) shares; positions held, as well as information on changes and (or) additions to such data; a list of legal entities, of which the Client is a representative);viii) information on changes and (or) additions to the above data.
The collection, processing and use of the Client's personal data (including the collection, processing and storage on paper and (or) in electronic format in the databases of the Contractor and partner banks of the Contractor) is carried out for the following purposes:
- to consider the application of the Client (representative of the Client) for receiving services that can be provided by the Contractor, partner banks of the Contractor in accordance with the law of the Republic of Kazakhstan;
- for internal control and accounting by the Contractor, partner banks of the Contractor, as well as to control and confirm the proper performance by the Client (the Client's representative) of its obligations;
- to fulfill the obligation of due diligence by the partner banks of the Contractor (as a subject of financial monitoring) of their client when establishing business relations and carrying out client transactions in accordance with the legislation of the Republic of Kazakhstan, performing currency control functions;
- for the fulfillment by the partner banks of the Contractor of the obligation to identify the Client in order to minimize the risks of unauthorized transactions in accordance with the legislation of the Republic of Kazakhstan;
- for the performance by the Contractor, partner banks of the Contractor of the obligation to store and record primary documents used in accounting within the time limits established by the legislation of the Republic of Kazakhstan;
- for judicial and extrajudicial protection of the rights of the Contractor
i) in case of violation of obligations under the Offer;
ii) in case of disputes, including disputes with third parties;
The Client hereby confirms that:
- for the exchange of information, including for consideration and (or) provision of responses to appeals, complaints, suggestions, recommendations, claims, instructions, etc. of the Client (and/or third parties), transmission (receipt) of correspondence (mail) to the Client's address (address of the Client's representative) for sending (delivery)/receiving via courier services, courier service, express mail, etc.;
- for marketing purposes, providing (sending) to the Client any information materials, including about the products and (or) services of the Contractor, partner banks of the Contractor, as well as other notifications by telephone, facsimile, other types of communication, as well as through open channels communications (including SMS, e-mail, fax, etc.);
- for other purposes, which are established (may be established) by the law of the Republic of Kazakhstan.
1. SUBJECT OF THE OFFER
- notified of the protection of his personal data by the Contractor in a mode similar to the mode of protection of information constituting a secret;
- this consent to the collection and processing of personal data is not subject to withdrawal in cases where it is contrary to the legislation of the Republic of Kazakhstan, or if there is an unfulfilled obligation to the Contractor;
- The Contractor has the right to collect and process personal data without the consent of the Client in cases established by the legislation of the Republic of Kazakhstan, including in other banks and (or) organizations for the purpose of carrying out any debt collection measures not prohibited by the legislation of the Republic of Kazakhstan;
- The Contractor has the right to collect (receive) the Client's personal data from the Client and any third parties, as well as transfer the Client's personal data to third parties / distribute in public sources of personal data, subject to the requirements of the legislation of the Republic of Kazakhstan and the requirements of international law (requirements of international treaties);
- in the event that the relevant agreement(s)/agreement(s) concluded(s) between the Client (the Client's representative) and the Contractor, the Contractor's partner banks provide/will provide for the transfer of personal data via open communication channels the Client, the Client is aware of the risk of unauthorized receipt by third parties and assumes such a risk;
- this consent gives the Contractor the right, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to carry out with the personal data of the Client any action (operation) or a combination of such actions (operations), including those performed using automation tools or without the use of the latter, including, but not limited to, collection, processing, recording, copying, backup, protection, screening, systematization, accumulation, storage within the Contractor's systems and beyond (subject to security and confidentiality requirements), clarification (change, update), extraction, use, transfer (distribution , granting access, including transfer to third parties with the right to process the Client's personal data), depersonalization, blocking, deletion, destruction;
- this consent may be provided to third parties as evidence that the consent to the collection and processing of the Client's personal data was provided by the Client to the Contractor.
1.1. Under this Offer, the Contractor, in order to ensure the possibility for the Client to purchase the Goods from the Contractor, undertakes independently and / or with the involvement of third parties, at its own discretion, to sell and transfer for delivery to the Client the Goods selected by the Client on the Site, on the terms of this Offer.2. PROCEDURE FOR THE SALES OF GOODS2.1. To purchase the Goods from the Contractor, the Client places an Order
- a properly executed and placed order of the Client (the relevant fields on the Site are filled in in the section "Basket", "placement of order" or placed by phone + 7 708 182 11 50), addressed to the Contractor, for the purchase and delivery of the Goods selected on the Site to the specified by the Client address.
2.2. Information about the Product is posted on the Site and provided by the Contractor.
2.3. To clarify information regarding the properties and characteristics of the Goods, the Client can contact the following contacts: for Clients from the Republic of Kazakhstan, the Russian Federation, the Republic of Belarus, the Republic of Armenia, Kyrgyzstan in the Russian version of the Site -https://tayyab.kz/page/contacts
, for Clients from Europe in the English version of the Site —https://tayyab.kz/page/contacts
2.4. Delivery of the Goods is carried out only on the territory of the Republic of Kazakhstan, the Russian Federation, the Republic of Belarus, the Republic of Armenia, Kyrgyzstan, the Republic of Turkey.
2.5. The Contractor has the right to unilaterally limit the number of commodity items in one Order, the amount of one Order, the form of possible payment for the Order, as well as the number of Orders sent to one address to one Client at a time.3. REGISTRATION ON THE SITE
3.1. To place Orders, the Client needs to register on the Site (create an account) and place an Order on his own or with the help of a customer service specialist in the ways available to Clients of the respective countries.
3.2. The Contractor is not responsible for non-fulfillment of the Order (delay in execution) due to the communication or indication by the Client of inaccurate or inaccurate data about himself.
3.3. The Client undertakes not to disclose to third parties the login and password specified during registration on the Site. If the Client has suspicions about the security of his login and password or the possibility of their unauthorized use by third parties, the Client undertakes to immediately notify the Contractor about this by e-mail [email protected]
or by calling the customer service +7 708 182 11 50 from 9:00 a.m. to 08:00 p.m Nur-Sultan time. Prior to taking action by the Contractor, the Client can independently change the password.
3.4. The Contractor reserves the right to unilaterally delete the Client's account on the Site or restrict access to the Site through the account if the account is suspected of being compromised or used for mass mailings (spam).4. PLACING THE ORDER. GOODS PAYMENT. CONFIRMATION OF AN ORDER
4.1. The Client places an Order independently through the Website or through the Client Center (by phone +7 708 182 11 50).
4.2. The Client makes 100% prepayment of the cost of the Goods.
4.3. When placing an Order through the Website: The Client makes a 100% prepayment of the cost of the Goods online. After that, the Contractor sends the Client to the email address indicated by him an Order confirmation with information about the Goods, other parameters of the Order (the cost of goods, delivery and other services, in cases where these services are paid) (hereinafter - Order Confirmation).
4.4. When placing an order through the Customer Center (by phone +7 708 182 11 50): The Customer Center executes the Order and sends the Order with information about the Goods, an invoice for payment to the Client to the email address specified by him. The invoice issued by the Contractor contains the term for its payment. In case of payment later than this period, the Contractor does not guarantee the availability of the Goods or the relevance of its cost. The link to the bank's payment page is valid for the time specified in the letter containing the corresponding link. After receipt of payment, the Contractor sends the Order Confirmation to the Client to the email address indicated by him.
4.5. In the event of additional, unforeseen (exceeding the standard cost of delivery of the Goods through the territory of the Republic of Kazakhstan) costs for the delivery, customs clearance of the Goods, including taxes, customs duties, the Contractor shall notify the Client of such additional costs and their amount within two days. The Client has the right to pay such additional costs or refuse the Order.
4.6. Payment for the Goods is made by the Client by paying with a bank card through an online cash desk (ordering through the Site) or by an issued electronic invoice (Ordering through the Customer Center). If payment by bank card is not possible, payment is made by wire transfer of funds to the Client's bank account. Payment in cash or through payment terminals using alternative means of payment is not provided. Types of bank cards accepted for payment: Visa, MasterCard. Payment is made in the national currency of the Republic of Kazakhstan - tenge. It is possible to additionally write off funds by the payment system for currency conversion, subject to payment for the Goods in a different currency.
4.7. The moment of purchase of the Goods is the receipt of funds to the bank account of the Contractor. The Client's payment is a confirmation of his agreement with the Offer, the payment procedure, the terms of delivery and return of the Goods, as well as confirmation that the specified properties of the Goods correspond to his Order.
4.8. The Contractor does not collect or store the Client's payment information (including the bank card number, bank card issuer, its validity period, secret code, etc.).
4.9. The order is considered accepted by the Contractor after the Client receives a message at the e-mail address specified in the registration form with the Order Confirmation.
4.10. The Contractor reserves the right to cancel the Order at the Order Confirmation stage.
4.11. The Contractor reserves the right to coordinate, clarify the Order data with the Client by phone. If it is impossible to contact the Client within 2 (two) days, the Order made by the client is canceled, the funds are returned by the Client to the bank details from which the payment was made.
4.12. The delivery date of the Order is indicated in the Order Confirmation. The date depends on the availability of the ordered Goods in the Contractor's warehouse and the time required for processing and delivery of the Order.
4.13. In the absence of the ordered Goods in whole or in part in the warehouse of the Contractor, the Contractor contacts the Buyer in the ways specified when placing the Order.
4.14. The Client informs the Contractor either of his consent to accept the Goods in a different quantity or to cancel the Order. If it is impossible to contact the Client, there is no response from the Client within 2 (two) days, the Order can be canceled in full by the Contractor, about which the Contractor sends an email to the Client's address specified during registration. The funds are returned by the Contractor to the bank details from which the payment was made.
4.15. The Contractor has the right to unilaterally without notice change the price of the Goods before the Order Confirmation.
4.16. The Client undertakes, at the request of the Contractor, to provide a copy of the identity card of the bank card holder (two pages: a spread with a photo) or other identifying document in accordance with the law of the Client's country, a copy of the bank card on the front side (with the last four digits displayed) in accordance with the Rules of International Payment Systems, in order to verification of the identity of the owner and his eligibility to use the card. The Contractor has the right to cancel the Order if the specified documents are not provided, or if there are doubts about their authenticity.
4.17. The Contractor has the right to cancel the Order for the reasons indicated above, or without explanation. The funds are returned by the Contractor to the bank details from which the payment was made.5. DELIVERY OF GOODS
5.1. The Client undertakes to accept the Order within the agreed delivery time.
5.2. Delivery of the Goods is carried out by CDEK by land, air, sea and river transport (hereinafter referred to as the Transport Company, Courier Service). The costs of delivery of the Goods shall be borne by the Customer. The transfer of the Goods to the Transport Company for delivery to the Client is carried out only after the receipt of the full cost of the Goods on the account of the Contractor.
5.3. At the request of the Client, delivery can be carried out to a third party (Recipient). The Client undertakes to inform the Contractor about this at the time of placing the order in the "Comments" column indicating the full name, address, telephone number for communication.
5.4. Delivery of the Goods is carried out personally in the hands of the Client (Recipient) or a person authorized by him at the address specified by the Client in the Order. A representative of the Transport Company contacts the Client (Recipient) to clarify the time of delivery of the Goods. The representative of the Transport Company has the right to consider the person accepting the order on behalf of the Client (Recipient) at the specified address as duly authorized without providing a power of attorney and an identity document.
5.5. Upon receipt of the Goods, the Client (Recipient) has the right to open the parcel and check its contents. Fitting, as well as the return of the Goods that did not fit to the transport service employee are not provided.
5.6. Simultaneously with the transfer of the Goods, a representative of the transport company submits an online check or other document confirming payment for the Goods, a consignment note, all information about the goods, warranties, a memo on product care (hereinafter referred to as the Product Information), Information on the procedure and terms for returning the Goods (hereinafter — Accompanying documents) (may be packed with the Goods).
5.7. By signing the document on receipt of the Goods, the Client (Recipient) confirms the integrity of the packaging, the proper condition of the Goods, and the receipt of the Accompanying documents.
5.8. In the absence of the Client (Recipient), their representatives at the place of receipt of the Goods at the agreed time, refusal to deliver (before opening the package), the representative of the transport service returns the Goods to the Contractor. The Contractor returns to the Client the funds paid for the Goods, minus the Contractor's costs for the delivery and return of the Goods. Refunds are made no later than five banking days from the date of receipt of the returned Goods by the Contractor.
5.9. Ownership of the Goods, the risk of its accidental loss or damage passes to the Client (Recipient) at the time of acceptance of the Goods. Confirmation of the transfer of ownership of the Goods is the signature of the Client (Recipient) on the invoice issued by the Contractor or the Courier Service / Transport Service.6. RETURN OF GOODS
6.1. The Client has the right to refuse the Goods at any time before its transfer, at the time of the transfer of the Goods by the courier / transport service and after its transfer - within 14 calendar days.
6.2. Return of Goods of good quality is possible if its presentation, seals, factory labels, original packaging, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified Goods are preserved.
6.3. If there is a dispute about the causes of defects, the fact of the use of the Goods and the safety of its presentation, an independent examination of the Goods will be carried out.
6.4. The Client is not entitled to refuse the Goods of good quality, having individually defined properties.
6.5. Return of the Goods of inadequate quality is possible within the time and in the manner prescribed by the legislation of the Republic of Kazakhstan.
6.6. The refund of the amount paid by the Client is carried out in the same way that the payment for the Goods was made, no later than 10 (ten) days from the date the Client submitted the relevant request. The date the Client submits a return request is the date the Contractor receives the returned Goods and confirms the safety of its presentation and consumer properties, and in case of return of the Goods of inadequate quality, the date of receipt of the Goods by the Contractor, subject to confirmation of its inadequate quality.
6.7. Return of the Goods (both of proper and inadequate quality) is carried out by submitting an application to the Contractor's Client Center by phone: +7 708 182 11 50 or by e-mail: [email protected]
. The Client Center submits an application for the collection of cargo to a representative of the Transport Company, who agrees with the Client on the date of arrival of the courier and other conditions. Contacting other transport companies does not guarantee the safety of the Goods and its proper delivery. Using the services of other courier services, the Client is responsible for the proper fulfillment of obligations by such services and the safety of the Goods. The application for the return of the Goods is filled in according to the form provided by the Client Center, in electronic form or attached to the returned Goods, signed by the Client. Return of the Goods can also be carried out in person at the address: Republic of Kazakhstan, Almaty, 3 Dzharkentskaya str., from 9.00 a.m. to 06.00 p.m. from Monday to Friday.
6.8. The Customer returns the Goods with all the accessories and the full set of accessories specified in the documentation for the Goods. The returned Goods must be packaged in a manner that ensures safety upon delivery.
6.9. In case of returning the Goods of proper quality, the costs of returning the Goods shall be borne by the Client. In case of return of the Goods of inadequate quality, the cost of returning the Goods shall be borne by the Contractor.
6.10. The Contractor returns the funds to the Client for deducting the costs of transporting the Goods of good quality. The representative of the transport company informs the Client about the cost of transportation at the time of registration of the return.
6.11. A product of inadequate quality is a product that has flaws and cannot ensure the performance of its functional qualities. The difference in design elements, design from those stated in the description on the Site, the discrepancy in shades does not apply to a malfunction or non-functionality of the Product.7. PRIVACY AND PROTECTION OF CLIENTS' PERSONAL DATA
7.1. When placing an order for the Goods, creating an account, the Client gives the Contractor consent to the processing of his personal data specified in the order, account in any way permitted by the legislation of the Republic of Kazakhstan, including cross-border transfer, for the purposes of executing a retail sale contract with the right to transfer such data to the Transport Company in the amount necessary for the delivery of the Goods.
7.2. Refusal to receive mailings, advertising and other information is carried out in one of the ways: - select the mailing list parameters or refuse it in the account settings; - contact the Client Center by phone +7 708 182 11 50 or send an e-mail to the address: [email protected]
. This information is not used to identify the visitor.
7.4. The Contractor has the right to record telephone conversations with the Client. At the same time, the Contractor undertakes to take reasonable measures to prevent unauthorized access to information received during telephone conversations and / or its transfer to third parties not directly related to the execution of Orders.
7.5. The Parties acknowledge that all information that they exchange in the process of concluding and executing the Offer, including its terms, is confidential and is not subject to disclosure and transfer to a third party. The terms of this paragraph do not apply to third parties engaged by the Contractor to provide services under the Offer.
7.6. The transfer of confidential information to third parties, its publication or other disclosure can be carried out only with the written consent of the other party.
7.7. Confidential information does not include information that is categorized by the current legislation as open and the disclosure of which is obligated by one of the Parties.
7.8. For losses caused by the disclosure of confidential information, the Parties shall be liable in accordance with the legislation of the Republic of Kazakhstan, while the Party that violated the confidentiality requirement must compensate for all losses caused to the other Party.8. RESPONSIBILITY OF THE PARTIES
8.1. Unless otherwise provided by the Offer, the Parties shall be liable for non-fulfillment or improper fulfillment of the obligations assumed under the Offer in accordance with the law of the Republic of Kazakhstan.9. APPLICABLE LAW. CLAIMS
9.1. In all other respects that are not specified in this Offer, the Parties are guided by the current law of the Republic of Kazakhstan.
9.2. The parties have agreed to consider all disputes and disagreements arising from this Offer or related to it, which cannot be settled through negotiations, in the courts of the Republic of Kazakhstan.10. TERM AND PROCEDURE FOR TERMINATION OF THE OFFER. FINAL PROVISIONS
10.1. This Offer comes into force from the moment of its acceptance by the Client and is valid until the withdrawal of acceptance of the Offer.
10.2. The Contractor has the right to assign or in any other way transfer its rights and obligations arising from the Offer to third parties.
10.3. Recognition by the court of the invalidity of any provision of this Offer does not entail the invalidity of the remaining provisions.
10.4 This Offer may be changed depending on changes in the legislation of the Republic of Kazakhstan or at the discretion of the Contractor. The Contractor has the right to notify the Client of particularly significant changes using the contact details that the Client left to the Contractor. This Offer, as well as any changes and additions to it, come into force from the moment it is posted or updated on the Site, in order to familiarize all interested parties, unless otherwise provided by the new edition.
10.5. All claims related to the conclusion, execution or termination of the Offer are accepted by the Contractor at the address specified in this Offer.