This Public Offer (hereinafter – the Offer) is an Agreement concluded between the Contractor and an individual user of services (hereinafter – the Customer) that defines the terms of purchasing and rendering services using the Contractor’s resources.
1. GENERAL PROVISIONS
1.1. The Contractor publishes this Offer addressed to individuals and legal entities pursuant to Articles 395, 396 and 447 of the Civil Code of the Republic of Kazakhstan (hereinafter – the Civil Code).
1.2. This Offer, like any Agreement, determines the essential terms of interaction between the Contractor and the Customer (the person who has accepted the Offer).
1.3. This Offer is concluded between the Contractor and the Customer at the moment an order for services is placed.
1.4. The Offer may be accepted by any individual or legal entity within the Republic of Kazakhstan intending to order (purchase) the services rendered by the Contractor in accordance with the list posted on the website www.stemshop.kz.
1.5. The Customer unconditionally accepts all the terms contained in the Offer as a whole (i.e., in full and without exceptions).
1.6. Upon acceptance of the terms of this Offer, an individual or legal entity becomes the Customer.
1.7. Acceptance is the moment the Contractor receives order confirmation from an individual or legal entity on the terms offered by this Offer.
1.8. The Offer, all amendments, appendices hereto and all additional information about the Contractor’s services are published on www.stemshop.kz.
2. STATUS OF THE CONTRACTOR’S WEBSITE
2.1. The website is the Contractor’s property and is intended to organise a remote method of selling services via the Internet.
2.2. By accepting the Offer (i.e., paying for an order placed on the Contractor’s website), the Customer receives services under the terms and in the manner defined by the Service Agreement posted on www.stemshop.kz.
2.3. The Contractor is not responsible for the content and accuracy of information provided by the Customer when placing an order and does not guarantee uninterrupted website operation, nor is responsible for technical failures during ordering.
3. STATUS OF THE CUSTOMER
3.1. The Customer is responsible for the accuracy of information provided when placing an order and for its freedom from third-party claims.
3.2. The Customer confirms agreement with the terms of this Offer by ticking “I have fully read the Contract terms, all provisions are clear to me and I accept them” when placing an order.
3.3. Information provided by the Customer is confidential. By providing personal data during registration on https://www.stemshop.kz/page/terms or by submitting an application, the Customer consents to processing of personal data for execution of the user agreement. The Contractor uses Customer information solely for the operation of the Contractor (sending notifications about order fulfilment, etc.) and in cases specified in this Offer.
3.4. The Customer agrees that the purchased services are intended for use in accordance with his status. If the Customer is an individual, services are used exclusively for personal (non-entrepreneurial) purposes. Legal entities and individual entrepreneurs may use services within their professional or business activities.
4. SUBJECT OF THE OFFER
4.1. The Contractor sells services to the Customer based on the Customer’s orders in accordance with the terms and prices set by the Contractor on the website.
4.2. Services ordered and paid for by the Customer are rendered by the Contractor or by third parties engaged by the Contractor to fulfil its obligations.
4.3. Relations between the Customer and the Contractor are governed by the Civil Code, the Law of the RK “On Consumer Rights Protection” and other regulatory legal acts of the Republic of Kazakhstan governing the rights and obligations set forth herein.
4.4. An individual or legal entity is deemed to have accepted all terms of the Offer and its appendices in full and without exceptions from the moment the Contractor receives a notice of the Customer’s intention to order services on the terms offered by the Contractor. Upon acceptance, the individual or legal entity is considered to have concluded a Service Agreement and acquires the status of Customer.
5. PROCEDURE FOR CONCLUDING THE SERVICE AGREEMENT
5.1. The Customer may place an order independently on the Contractor’s website or through a Contractor’s specialist by phone listed on the site, under the Service Agreement terms.
5.2. When placing an order on the Contractor’s website, the Customer must provide the following data:
• full name or full company name and BIN (for legal entities);
• service delivery address;
• Customer’s contact phone and e-mail.
The Contractor is not liable for errors made by the Customer when entering data.
5.3. The Customer’s intent is expressed by entering the relevant data into the order form on the Contractor’s website or by submitting an application through a Contractor’s specialist via telecommunication means or by e-mail.
5.4. The Contractor does not edit Customer information.
5.5. To receive a paper copy of the Service Agreement, the Customer sends a request by e-mail or another method agreed with the Contractor’s specialist at the telephone number listed on the website.
6. INFORMATION ABOUT THE SERVICES
6.1. Information about the Contractor’s services is displayed on the Contractor’s website via graphic images and information owned by the Contractor.
6.2. Each graphic image is accompanied by text with the name, price and description of the services.
6.3. All informational materials on the Contractor’s site are for reference only and cannot fully convey properties and characteristics of services. If the Customer has questions regarding properties and characteristics, he must contact the Contractor’s specialist before ordering.
6.4. At the Customer’s request, the Contractor’s specialist must provide (by phone or e-mail) other information necessary and sufficient, in the Customer’s opinion, to decide on ordering services.
6.7. The Contractor is not responsible for possible changes in service characteristics without prior notice.
7. PROCEDURE FOR PURCHASING (ORDERING) SERVICES
7.1. The Customer may order any type of services provided on the Contractor’s website. Each service type may be ordered in any quantity unless otherwise specified in its description.
7.2. An order can be placed by phone numbers listed on the site or independently on the website, and order confirmation constitutes acceptance and signing of the agreement.
7.3. After ordering, the Contractor confirms the Customer’s order by sending to the Customer’s e-mail information confirming acceptance, indicating the name, type and characteristics of services and the total amount, or a specialist contacts the Customer by phone for clarification.
7.4. If a service displayed on the site cannot be rendered, the Contractor’s specialist must inform the Customer (by phone or e-mail).
7.5. The service rendering period is set by agreement of the Parties and/or determined by the Service Agreement posted on the Contractor’s site.
8. PRICE OF SERVICES
8.1. The price listed on the Contractor’s website is indicated in Kazakhstani tenge.
8.2. The price may be changed by the Contractor unilaterally; however, the price for services already ordered and paid by the Customer is not subject to change.
8.3. The cost of services provided to the Customer when ordering on the Contractor’s website is indicated in the “Payment” section.
9. PAYMENT FOR SERVICES
9.1. Methods and procedures of payment are indicated on the site in the “Payment” section. If necessary, payment terms are discussed by the Customer with the Contractor’s specialist.
9.2. For cash payment, the Customer must pay the Contractor the order price at the moment of invoicing by handing funds to the Contractor’s representative.
9.3. Cashless payment is made according to the issued invoice within three working days from its date. After funds are credited to the Contractor’s account, a specialist agrees service terms with the Customer. The Customer’s obligation to pay is deemed fulfilled when funds are credited to the account specified by the Contractor.
9.4. The Customer pays for the order by any method available on the Contractor’s website.
9.5. Settlements are made in Kazakhstani tenge.
10. RETURN OF SERVICES
10.1. The Customer has the right to refuse services in the manner and under the conditions provided by the RK Law “On Consumer Rights Protection”.
10.2. The Customer may not refuse services properly rendered (performed).
10.3. If the Customer refuses services, the Contractor refunds the amount paid, minus the Contractor’s expenses.
11. LIABILITY OF THE PARTIES
11.1. The Parties are liable in accordance with the legislation of the RK.
11.2. The Contractor is not liable for damage caused to the Customer due to improper use of service results ordered on the Contractor’s website.
11.3. The Parties are released from liability for non-performance or improper performance under the Offer for the duration of force majeure.
12. OTHER TERMS
12.1. Relations between the Customer and the Contractor are governed by the laws of the Republic of Kazakhstan.
12.2. If necessary, the Contractor and the Customer may at any time execute a written bilateral Service Agreement that does not contradict this Offer.
12.3. If the Customer has questions or claims, he must contact the Contractor at: Residential complex Athletic Village, Microdistrict Nurkent, 5/11, and/or e-mail: info@stemshop.kz and/or phone: +7 707 700 0693, as indicated on the Contractor’s site.
12.4. This Offer comes into force on the date of its acceptance by the Customer and remains valid until the Parties fully fulfil their obligations.
12.5. All disputes and disagreements arising in performance of this Offer are resolved through negotiations, and if impossible, the Parties may apply to the courts of the Republic of Kazakhstan at the Contractor’s location.
12.6. The Contractor reserves the right to expand or reduce the overall offer of services on the site, regulate access to ordering any services, and suspend or terminate sales at its discretion.
13. CONTRACTOR’S ADDRESS AND DETAILS
Name: IE STEMSHOP
Legal address: 61/1 Markova St., apt. (office) 67, Almaty
BIN: 930502300835
KZT current account: KZ23722S000009577305
Bank: JSC “Kaspi Bank”
BIC: CASPKZKA
Bank BIN: 971240001