PUBLIC OFFER
This Agreement between the online store www.ederra.kz, hereinafter referred to as the “Online Store,” and the user of the Online Store’s services, hereinafter referred to as the “Buyer,” sets out the terms and conditions for purchasing goods through the Online Store’s website at www.ederra.kz.
1. GENERAL PROVISIONS
1.1. Ederralab LLP publishes this Sale and Purchase Agreement as a public agreement and public offer addressed to individuals and legal entities in accordance with Article 447 of the Civil Code of the Republic of Kazakhstan, hereinafter referred to as the “Civil Code of the Republic of Kazakhstan.”
1.2. This public offer, hereinafter referred to as the “Offer,” sets out all material terms and conditions of the agreement between Ederralab LLP and the person accepting the Offer.
1.3. This Agreement is concluded between the Buyer and the Online Store at the time the order is placed.
1.4. The Offer may be accepted by any individual or legal entity located within the territory of the Republic of Kazakhstan that intends to purchase goods and/or services sold or provided by Ederralab LLP through the Online Store located at www.ederra.kz.
1.5. The Buyer unconditionally accepts all terms and conditions contained in the Offer in their entirety and without exception.
1.6. Upon acceptance of the terms and conditions of this Agreement, namely the public offer of the Online Store, the individual or legal entity accepting the Offer becomes the Buyer.
1.7. Acceptance means the Seller’s receipt of a notice expressing the intention of an individual or legal entity to purchase goods under the terms and conditions proposed by the Seller.
1.8. The Offer, all appendices thereto, and all additional information concerning the goods and services of Ederralab LLP are published on the website www.ederra.kz.
2. STATUS OF THE ONLINE STORE
2.1. The Online Store is owned by Ederralab LLP and is intended for arranging the remote sale of goods through the Internet.
2.2. Transactions carried out through the Online Store are governed by the terms and conditions of the Offer published at www.ederra.kz. By accepting the Offer, namely by paying for an order placed through the Online Store, the Buyer acquires ownership of the goods under the terms and conditions of the Sale and Purchase Agreement.
2.3. The Online Store shall not be responsible for the content or accuracy of the information provided by the Buyer when placing an order.
3. STATUS OF THE BUYER
3.1. The Buyer shall be responsible for the accuracy of the information provided when placing an order and for ensuring that such information is free from any claims by third parties.
3.2. The Buyer confirms their consent to the terms and conditions established by this Agreement by checking the box stating: “I have read the terms and conditions of the Agreement in full, I understand all terms and conditions of the Agreement, and I agree to all terms and conditions of the Agreement” when placing an order.
3.3. The information provided by the Buyer is confidential. By providing personal information when completing an order form, the Buyer consents through their actions to the processing of their personal information for the purpose of fulfilling this User Agreement. The Online Store shall use the Buyer’s information exclusively for the purposes of operating the Online Store, including sending notifications to the Buyer regarding order fulfilment, and in other cases specified in this Public Offer Agreement.
3.4. The Buyer may use the Online Store’s resources to view and select goods and to place an order free of charge.
4. SUBJECT MATTER OF THE OFFER
4.1. Based on the Buyer’s orders, the Seller sells goods to the Buyer in accordance with the terms, conditions, and prices established by the Seller.
4.2. Goods ordered and paid for by the Buyer shall be delivered by the Seller or a carrier. The Buyer has the right to collect the goods independently from the Seller’s warehouse. When placing an order, the Buyer is entitled to choose the delivery method.
4.3. Relations between the Buyer and the Seller shall be governed by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan No. 274-IV dated May 4, 2010, “On Consumer Rights Protection,” and other regulatory legal acts adopted in accordance therewith.
4.4. An individual or legal entity shall be considered to have accepted all terms and conditions of the Offer and its appendices in full and without exception from the moment the Seller receives a notice expressing the Buyer’s intention to purchase goods under the terms and conditions proposed by the Seller. Upon acceptance of the Offer, the individual or legal entity shall be considered to have concluded a Sale and Purchase Agreement with the Seller for the ordered goods and shall acquire the status of the Buyer.
5. PROCEDURE FOR CONCLUDING THE SALE AND PURCHASE AGREEMENT
5.1. The Buyer may independently place an order on the Online Store’s website under the terms and conditions of the Sale and Purchase Agreement, which constitutes the public offer of the Online Store.
5.2. When placing an order through the Online Store, the Buyer must provide the following information: the Buyer’s full name; the delivery address; the Buyer’s contact telephone number; and the Buyer’s email address.
5.3. The Buyer expresses their intention to purchase goods by entering the relevant information into the order form available in the Online Store.
5.4. The Online Store does not edit the information provided by the Buyer.
5.5. To obtain a printed copy of the Sale and Purchase Agreement, the Buyer must submit a request to the email address specified on the website.
6. PRODUCT INFORMATION
6.1. The goods are displayed on the website through graphic sample images owned by the Online Store.
6.2. Each graphic sample image is accompanied by written information, including the product name, price, and description.
6.3. All information materials presented in the Online Store are provided for reference purposes only and may not fully represent the properties and characteristics of the goods, including their colours, sizes, and shapes. If the Buyer has any questions regarding the properties or characteristics of a product, the Buyer must contact the Seller using the telephone numbers specified on the website before placing an order.
6.4. At the Buyer’s request, the Online Store’s manager must provide, by telephone or email, any other information that the Buyer considers necessary and sufficient to make a purchasing decision.
6.5. The Buyer is informed that, when purchasing a product at a discount granted due to identified shortcomings or defects, the Buyer shall not subsequently be entitled to make claims regarding those shortcomings or defects.
7. PROCEDURE FOR PURCHASING GOODS
7.1. The Buyer has the right to place an order for any product displayed in the Online Store. Any exceptions to this rule shall be specified in the relevant product description, including in cases involving promotional offers, discontinued products, or similar circumstances.
7.2. The Buyer may independently place an order on the website.
7.3. After an order has been placed, the Seller confirms the Buyer’s order by sending an email confirming acceptance of the order and specifying the name and price of the selected product and the total order amount. Alternatively, a manager of the Online Store may contact the Buyer by telephone.
7.4. If the product is unavailable from the warehouse, the Online Store’s manager must notify the Buyer by telephone or email.
7.5. If the product is unavailable, the Buyer may replace it with another product or cancel the order.
7.6. The delivery period shall not exceed 20 business days and shall begin from the date on which payment for the goods is credited to the Seller’s bank account.
8. PRODUCT PRICE
8.1. Product prices in the Online Store are stated in Kazakhstani tenge per unit of product.
8.2. The Online Store may unilaterally change the product price displayed on the website. However, the price of a product that has already been ordered and paid for by the Buyer shall not be changed.
8.3. The total order price consists of the catalogue price of the goods and the delivery cost.
8.4. The cost of services provided by the Seller to the Buyer in connection with the purchase of goods through the Online Store is specified in the “Payment and Delivery” section.
9. PAYMENT FOR GOODS
9.1. The available payment methods and payment procedure are specified on the website in the “For Customers” section. Where necessary, the procedure and terms of payment for the ordered goods shall be agreed between the Buyer and the Online Store’s manager.
9.2. Payment by bank transfer shall be made in accordance with the issued invoice within three banking days. After the funds have been credited to the Seller’s account, the Online Store’s manager shall agree on the delivery period with the Buyer. In the case of payment by bank transfer, the Buyer’s obligation to pay the product price shall be considered fulfilled from the moment the relevant funds are credited to the bank account specified by the Seller.
9.3. All payments between the Parties in connection with an order shall be made in Kazakhstani tenge.
10. DELIVERY OF GOODS
10.1. The methods, procedure, and delivery periods are specified on the website in the “Payment and Delivery” section. Where necessary, the procedure and terms of delivery of the ordered goods shall be agreed between the Buyer and the Online Store’s manager.
10.2. Collection from the Seller’s warehouse: upon receiving notice of a placed order, the Seller shall confirm receipt of the order by telephone or email and agree with the Buyer on the date on which the goods may be collected.
10.3. The Buyer shall pay for the order, where cash payment applies, and collect it from the Seller’s warehouse.
11. RETURN OF GOODS
11.1. Relations between the Seller and the Buyer concerning the return and exchange of goods shall be governed in accordance with the procedure and on the terms established by the Law of the Republic of Kazakhstan “On Consumer Rights Protection.”