Offer agreement

PUBLIC OFFER

ON CONCLUSION OF A AGREEMENT FOR THE SALE AND PURCHASE OF GOODS

This document is a public offer of Private Entrepreneur Dzhamgerchinova K.B., hereinafter referred to as the “Seller”, and contains all essential terms of the contract of sale of goods (in accordance with Article 396 and Part 398 of the Civil Code of the Kyrgyz Republic).
The person who has accepted this public offer acquires all the rights and obligations of the Buyer provided for by this agreement.
Online store located on the domain name https://dilbarfashion.store/ Private entrepreneur Dzhamgerchinova K.B. INN 12607197100409, Address: Bishkek, Asanbay microdistrict 17/61, hereinafter referred to as the "Seller", publishes a Public Offer for the sale of the Goods remotely.
1. DEFINITION OF TERMS
1.1. Public offer (hereinafter referred to as the “Offer”)– An offer containing all the essential terms of a contract for the sale and purchase of goods (hereinafter referred to as the Agreement), from which the will of the person making the offer to conclude a contract on the terms specified in the offer with anyone who responds is discernible, is recognized as an offer (hereinafter referred to as the Offer)
1.2. Site, Online store— a collection of web pages hosted on the Internet, united by a single domain address spacehttps://dilbarfashion.store/, intended for familiarization with information about the Products and ordering Products. The start page of the Site, from which all other web pages of the Site can be accessed, is located on the Internet athttps://dilbarfashion.store/ .
1.3. Salesman— ChP Dzhamgerchinova K.B., INN 12607197100409, Address: Bishkek, Asanbay microdistrict 17/61. The Seller, represented by its authorized employees, carries out activities related to the sale of Goods presented on the Website.
1.4. Buyer— an individual who intends to order, purchase and use the Goodsexclusively for personal, family, household or other needs not related to the implementation of entrepreneurial activities. Other conditions are subject to agreement with the Seller prior to placing the Order;
1.5. Product– clothing, footwear, accessories that are the object of purchase and sale, the range and preliminary information about which is presented on the Seller’s Website and which (if the Seller has it or the Seller has the opportunity to sell it to the Buyer) is sold on behalf of the Seller.
1.6. Shopping Cart– a page of the Seller’s Website where the Buyer can view the Products planned for Pre-Order, change their quantity, remove them from the list, and change the assortment.
1.7. Remote sales method— sale of goods under a retail sale and purchase agreement concluded on the basis of the Buyer’s familiarization with the description of the goods offered by the Seller, contained on the Website https://dilbarfashion.store/, while the possibility of the Buyer directly becoming familiar with the Goods or a sample of the goods when concluding such an agreement must be excluded.
1.8. Order– a properly executed request from the Buyer to purchase the Goods, information about which is posted on the Website.
1.9. Consent to order- the consent of the Buyer, expressed in accordance withp. 5.8.Conditions for the purchase of the Goods from the Seller in accordance with these Conditions and the Order Confirmation;
1.10. Agreement– a contract of sale and purchase of the Goods agreed upon by the Parties in the manner and on the terms established by these terms of the offer, concluded in the form of the Buyer’s acceptance of the Seller’s offer.
1.11. By accepting this offer (agreement)— the Buyer places an order for the Goods in accordance with the terms of this offer and makes payment.
The fact of placing an order and making payment by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Agreement, including the Buyer's consent to the Seller sending him SMS messages about the status of his order and surveys to improve the quality of service to Buyers. The Buyer who has purchased the goods in the Seller's online store (who has placed an order for the goods and paid for it) is considered as a person who has entered into relations with the seller under the terms of this Agreement.
2. GENERAL PROVISIONS
2.1. The provisions of the Civil Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "On the Protection of Consumer Rights" dated December 10, 1997 shall apply to the relations between the Buyer and the Seller.№90, and other legal acts adopted in accordance with them.
2.2. The Agreement concluded under the terms of this Offer is a legally binding document and regulates the relations between the Seller and the Buyer arising from the purchase of the Goods presented on the Site.
2.3. The purpose of the Seller's Website is to familiarize visitors with the Products, their characteristics, consumer properties, terms of purchase, payment, delivery of the Products, as well as to place and pay for orders for the purchase of Products from the Seller.
2.4. All information is for reference, informational and introductory purposes only and cannot fully convey reliable information about the properties and characteristics of the Product, while any properties and characteristics of the Product presented on the seller's Website may be changed unilaterally by the manufacturer of the Product.
The seller has the right to unilaterally and without special notice make changes, including deleting, supplementing, correcting any information posted on the seller's website, including these terms of the offer.
2.5. By placing an Order through the Seller's Website and clicking the button"Pay for the orderThe Buyer agrees to the Terms and Conditions in full.
2.6. By purchasing the Goods (paying for the Goods), the Buyer agrees that:
a) he has read the terms of this Offer in full;
b) payment for the order by the Buyer means that he accepts all the terms of this Offer in full without any exceptions or restrictions on his part (acceptance). The purchase and sale agreement concluded by accepting this Offer does not require bilateral signature and is valid in electronic form;
c) if the Buyer does not agree with the terms of this Offer or does not have the right to conclude the Agreement by virtue of law, he should refuse to place and pay for the Order;
d) The Offer (including any of its parts) may be changed by the Seller.without any special notice.The new version of the Offer shall enter into force from the moment of its posting on the Site, unless otherwise provided by the new version of the Offer. By agreeing to the Terms, the Buyer confirms and guarantees that the Goods are purchased by the Buyer exclusively for usefor purposes related to personal, domestic, family, household and other similar use and not related to use in entrepreneurial and/or other activities and/or other purposes not expressly specified in this clause of the Terms.
2.7. The Offer is valid for an unlimited period, unless otherwise specified on the website of the Online Store.
2.8. The Seller has the right to change this Agreement, the Prices for the Goods and Tariffs for related services, methods and terms of payment and delivery of the goods unilaterally, placing them on the pages of the online store. All changes come into force immediately after publication, and are considered to be brought to the attention of the Buyer from the moment of such publication.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer the Goods to the Buyer on the basis of the executed Order(s), and the Buyer undertakes to accept and pay for the Goods under the terms of this Offer.
3.2. The name, price, quantity of the Goods, as well as other necessary conditions of the Agreement are determined on the basis of information provided by the Seller on the website and by the Buyer when placing the Order.
3.3. A mandatory condition for concluding the Agreement is the unconditional acceptance by the Buyer of the terms of the Privacy Policy (hereinafter referred to as the Policy), posted on the Website and containing the rules for the provision and use of the Buyer's personal information.
3.4. The Seller guarantees that the Goods are not encumbered by the rights of third parties, including: not pledged, not under arrest, free from customs formalities, and that the Seller has the right to dispose of these Goods, including transferring them to the ownership of the Buyer in accordance with the terms of the Agreement.
4. ORDER PLACEMENT AND PAYMENT PROCEDURE
4.1. Registration and ordering of the Goods under the terms of this offer can be carried out directly on the website https://dilbarfashion.store/ .
4.2. By ordering the Goods, the Buyer agrees to the terms of sale of the Goods, the rules for their delivery and payment, specified in this offer.
4.3. The range of Goods presented on the Website, description of the main consumer properties, price, delivery terms, data on the availability of Goods and other conditions are valid at the time of their posting on the Website and may be changed by the Seller without prior notice to the Buyer. New terms of sale come into effect from the moment they are posted on the Website.
For economic, technological and other production reasons, the Seller has the right to limit the number of Products in an order. This applies both to the number of Products within one order and to the placement of several orders for the same Product.
4.4. The Purchase of the Goods is carried out by the Buyer by placing an Order.
4.5. In case of placing an Order on the Website, the Buyer independently familiarizes themselves with the description of the Products, selects the Product and clicks the "Add to Cart" button, after which the selected Product is moved to the cart. Placing the Product in the cart itself does not constitute an Order. Before placing the Order, the Buyer can independently add and remove Products from the cart, change their quantity.
4.6. After selecting the required Products and placing them in the basket, the Buyer proceeds to the Order form.
In the "Order Placement" form, the Buyer enters the necessary, reliable contact information about themselves: last name, first name, patronymic (if any), phone number, email address, delivery address, selects the method of delivery and payment for the Goods. After filling in all the data, the Buyer clicks the "PAY FOR ORDER" button.
4.7. The Seller has the right to inform the Buyer about the fact of placing an order and the required order parameters. To informThe following channels can be used: telephone, sms, email, viber, whatsapp.
4.8. The Agreement is considered concluded at the moment of clicking the “PAY FOR ORDER” button, which is consent to purchase the Goods.
4.9. After completing the verification procedure and confirming the payment for the goods, the Seller begins assembling the Order and preparing it for shipment, in accordance with the Order placed by the Buyer.
4.10. The Buyer shall bear full responsibility for providing incorrect information, which results in the Seller being unable to properly fulfill its obligations to it.
4.11. The photographs of the Products displayed on the Website may differ from their actual appearance, depending on the specific characteristics of the Product. The colors and shades of the Products may be displayed differently on different devices, and therefore the Seller does not guarantee that the Buyer's device will display the colors and shades of the Products correctly. The descriptions/specifications accompanying the Product do not claim to be exhaustive and may contain typos. To clarify information on the Product, the Buyer must contact the Seller at the phone numbers or email addresses listed on the Website.
4.12. The Seller’s obligation to transfer the Goods to the Buyer arises from the moment the Seller receives payment for the Goods from the Buyer.
4.13. The Buyer’s obligations arise from the moment of payment for the order.
4.1.4 The Seller’s obligations are considered fulfilled from the moment of delivery of the goods to the address specified by the Buyer or from the moment of transfer of the Goods to the representative of the transport company selected by the Buyer.
4.15. The right of ownership of the Goods shall pass from the Seller to the Buyer upon receipt of payment in the manner and within the timeframes specified in the Agreement.
4.16. The Buyer’s obligations are considered fulfilled from the moment of payment for the Goods and receipt of the Goods from the Seller or transport company.
5. PRICE OF THE GOODS AND PAYMENT PROCEDURE
5.1. The prices of the Goods sold by the Seller through the Online Store are indicated in the national currency of the Kyrgyz Republic – som.The cost of delivery is not included in the price of the product and is calculated individually depending on the delivery point and the size of the order.. The final shipping cost will be indicated before payment.
The current price for each item of the Product is indicated on the website of the Online Store.
5.2. The Seller has the right to unilaterally change the prices of the Goods presented in the Online Store at any time. However, the price of the Goods that have already been paid for by the Buyer is not subject to change.
5.3. Current information on the methods of payment for the Goods available to the Buyer is contained on the Website. The Seller has the right to limit the methods of payment for the Goods available to the Buyer by amending this Agreement and posting it on the Website.
5.4. The Seller has the right to provide discounts, bonuses and other preferential terms for purchasing Goods to all or individual Buyers. This information is posted on the website of the online store.
5.5. Payment for the Goods is made by the Buyer in one lump sum, in non-cash form, by making a 100% payment of the cost of the goods.
Payment for the Goods by bank transfer is made using electronic means of payment.
5.6. Payment for the Goods (Goods in one Order) can be made by the Buyer by entering the code from the Certificate, Coupon available to him. The code from the Certificate, Coupon can be used only once, after which the code becomes invalid. The Buyer has the right to use an unlimited number of Certificates (codes) to pay for the Goods in one Order. During the promotional period, the rules for using certificates, coupons are additionally posted on the website of the online store.
5.7. The Certificate or Coupon held by the Buyer cannot be exchanged for cash; it can only be used to pay for the Products purchased in the Online Store. Any other use of the Certificate or Coupon is not permitted.
5.6. The cost of delivery of the Goods is reflected in the Order form.
6. TERMS OF DELIVERY AND ACCEPTANCE OF GOODS
6.1. The Goods are delivered by the methods specified on the Website in the "Delivery and Payment" section. The specific delivery method and estimated delivery cost are discussed at the stage of placing the Order. Payment for delivery is made by the Buyer simultaneously with payment for the Goods.
6.2. Due to unforeseen circumstances that occurred through no fault of the Seller, delays in delivery are possible.
6.3. Upon delivery, the Goods are handed over to the Buyer at the address specified by them, and in the absence of the consumer - to any person who has presented information about the order number or other (including electronic) confirmation of the conclusion of the retail sale and purchase agreement or the order. In order to avoid cases of fraud, as well as to fulfill the obligations assumed, upon delivery of the Goods, the person delivering (issuing) the Goods may request an identity document from the Buyer (recipient).
6.4. The Buyer’s failure to appear or to perform other necessary actions to accept the Goods may be considered by the Seller as the Buyer’s refusal to perform the Agreement.
6.5. After the Goods have been transferred to the Buyer, the Seller shall not be liable for Goods that have mechanical damage or are incomplete.
6.6. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Goods are transferred to the Buyer (recipient) by the courier.
6.7. Goods that were not received by the Buyer due to reasons beyond the control of the Seller and/or the delivery service are returned to the Seller. In this case, the Buyer undertakes to reimburse the Seller for the costs incurred in this case for delivery to the place of delivery and back to the Seller.
6.8. Claims regarding the quality of the purchased Goods that arose after receipt and payment for the Goods are considered in accordance with the Law of the Kyrgyz Republic “On the Protection of Consumer Rights” dated December 10, 1997.№90 (hereinafter referred to as the Law on the Protection of Consumer Rights).
6.9. The delivery time of the Goods to the Buyer consists of the order processing time and the delivery time.
6.10. Information about the Product is communicated to the Buyer in the technical documentation attached to the Product, on labels, by marking or in another manner accepted for individual types of goods (if necessary).
7. RESPONSIBILITIES OF THE PARTIES
7.1. The Seller undertakes to:
7.1.1. to accept the Order in a timely and proper manner;
7.1.2. ensure delivery of the Goods to the address specified by the Buyer;
7.1.3. ensure the transfer of the Goods and the necessary accompanying documentation to the Buyer;
7.1.4. perform other duties in accordance with the current legislation of the Kyrgyz Republic;
7.2. The Buyer undertakes to:
7.2.1. properly execute the Order;
7.2.2. pay the cost of the Goods in full and on time;
7.2.3. provide reliable personal information for the execution of the Order;
7.2.4. indicate the detailed delivery address and accept the delivered Goods;
7.2.5. in case of delivery of goods by transport companies, pay for delivery in accordance with the terms of the transport company;
7.2.6. perform other duties in accordance with the current legislation of the Kyrgyz Republic;
8. RETURN OF GOODS OF PROPER QUALITY
8.1. Procedure for exchange and return of Goods of PROPER quality:
In accordance with Article 24 of the Law on the Protection of Consumer Rights, the Buyer has the right to refuse the Goods of proper quality at any time before their transfer, and after the transfer of the Goods - within seven days, not counting the day of their transfer. The consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom the product was purchased, if the said product does not fit in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by the consumer for its intended purpose.
The consumer has the right to exchange a non-food product of proper quality within fourteen days, not counting the day of purchase.
8.2. The Parties have come to an agreement that the information about the product, stipulated by the legislation on consumer protection, was communicated to the Consumer at the time of placing the order, in accordance with the terms of this offer agreement, with the terms of which the Buyer agreed, and, having paid for the Product (acceptance), accepted its terms in full and without exceptions.
8.3. Return of goods of proper quality is possible if their presentation, consumer properties, as well as the document confirming the fact and conditions of purchase of the specified goods are preserved. If the Buyer fails to comply with this requirement, the Goods will not be accepted for return or exchange.
8.4. Exchange and return of custom-made Goods of proper quality is not carried out, since the said goods were ordered exclusively for the consumer purchasing them. Information about the status of the goods – “custom-made” is available on the store’s website opposite each such item.
8.5. If the Buyer refuses the Goods of proper quality, the Seller shall return the amount paid for the Goods to him, and only if there is a written request indicating the method of refund and details, and provided that the returned goods retain their presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods. The absence of a document confirming the fact and conditions of purchase of the goods by the consumer does not deprive him of the opportunity to refer to other evidence of purchase of the goods from this seller.
8.6. When returning the Goods, the Seller shall return the amount of money paid by the Buyer under the Agreement, with the exception of the costs of delivering the Goods to the place of delivery to the Buyer and back to the Seller, no later thanten daysfrom the date of submission of the relevant demand by the Buyer.
9. PROCEDURE FOR CONSIDERING CLAIMS
9.1. If the Buyer has any difficulties with the Product purchased from the Seller, he/she can contact the customer service department of the Online Store at the specified e-mail address, phone number. Photographic materials with the detected defects are also provided there, including for resolving the issue of the need to return the product, and a claim is sent.
9.2. A consumer who has been sold a product of inadequate quality, if this was not specified by the seller, has the right, at his own discretion, to demand:
9.2.1. free elimination of product defects or reimbursement of expenses for their correction by the Buyer or a third party;
9.2.2. proportionate reduction of the purchase price;
9.2.3. replacement with goods of a similar brand (model, article number);
9.2.4. replacement with the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
9.2.5. termination of the sales contract and demand a refund of the amount paid for the goods, returning the defective goods to the seller.
9.2.6. demand full compensation for damages caused to him as a result of the sale of a Product of inadequate quality.
9.3. A claim for the discovery of defects in the Goods must be filed by the Buyer in writing and sent by registered mail with notification and a list of contents to the address: Bishkek, Asanbay microdistrict 17/61, for private enterprise Dzhamgerchinov K.B. or sent in electronic form to the address dilbarfashion@mail.ru and must contain the following information:
9.3.1. Full name of the Buyer, place of residence, contact information;
9.3.2. passport details and bank details in the event of a request for a refund of the amount paid for the Goods;
9.3.3. full name of the Product;
9.3.4. date of purchase;
9.3.5. description of the identified deficiencies;
9.3.6. Buyer’s requirements;
9.3.7. a document confirming the purchase of the Goods;
9.3.8. other documents at the discretion of the Buyer.
9.4. A mandatory condition for consideration of a claim is the sending of video and photographic materials of the product, which will clearly show the basis for sending the claim and will resolve the issue of the need to transfer the Product to the Seller for quality control. Based on the results of the consideration of the claim and quality control of the Product, a report is drawn up.
9.5. In the event of a dispute between the Buyer and the Seller regarding the causes of the defects in the Goods, the Seller shall conduct an examination of the Goods. The examination of the Goods shall be conducted within ten working days, for technically complex Goods - within one month from the date of receipt of the case for examination. The Buyer has the right to be present during the examination of the Goods and, in the event of disagreement with its results, to challenge the conclusion of such an examination in court. If, as a result of the examination of the Goods, it is established that its defects arose as a result of the violation of the established rules for the use, storage or transportation of the goods, the actions of third parties or force majeure, the Buyer shall compensate the Seller for the costs of the examination, as well as the associated costs of storing and transporting the Goods.
9.6. In the event that the Buyer makes a demand for replacement of the Goods, the Seller undertakes to replace such Goods within seven days from the date of the Buyer’s demand and the purchased goods (if necessary), and if additional quality control of such Goods is necessary, the Seller undertakes to replace such Goods within twenty days from the date of the demand and the purchased goods.
If the purchased Product was purchased under the "Sale" promotion and at the time of the claim, the Product required for replacement is unavailable for objective reasons (cessation of production of a certain Product, changes in the marking of a certain Product, etc.) that do not allow the Seller to properly fulfill its obligations to transfer the Product (certain items), an equivalent Product with similar technical characteristics may be offered as a replacement. If the Buyer has expressed consent to the transfer of a similar product, the transfer of the Product is carried out taking into account the changes agreed upon by the Parties. In the event of failure to reach an agreement, the Seller shall return to the Buyer the money paid for the product, taking into account the provisions of paragraph 9.6 of this agreement.
In other cases, the replacement must be carried out as soon as possible from the date of presentation of this requirement and the purchased product (if necessary).
9.7. The Buyer’s demands for a proportionate reduction in the purchase price of the Product, reimbursement of expenses for correcting defects in the Product, a demand for compensation for damages caused to the Buyer as a result of the sale of a Product of inadequate quality or the provision of inappropriate information about the Product, shall be satisfied within 10 days from the date of presentation of the relevant demand.
10. LIABILITY OF THE PARTIES
10.1. For failure to fulfill or improper fulfillment of the terms of this Agreement, the Parties shall bear liability as provided for by the legislation of the Kyrgyz Republic.
10.2. The Seller shall not be liable for the delivery of the Goods if the Buyer has indicated an incorrect delivery address and/or the wrong person to receive the Goods.
10.3. The Seller shall not be liable if the Buyer’s expectations regarding the consumer properties of the Goods are not met.
10.4. The Parties shall be liable for any violation of the obligations established by the Agreement and/or applicable law.
10.5. The Seller guarantees the use of the telephone number and e-mail address specified by the Buyer for communication with the Buyer, sending notifications, messages, and other information to the Buyer with the consent of the Buyer, unless otherwise provided by the current legislation of the Kyrgyz Republic.
10.6. The Seller shall not be liable for any possible losses (damage, lost profit) when using the Product, including damage to the Product caused by the Buyer or other persons failing to comply with the rules for its use.
10.7. The Parties shall be released from liability for failure to perform or improper performance of obligations under the Agreement for the duration of force majeure. Force majeure shall mean extraordinary and insurmountable circumstances under the given conditions that prevent the Parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, strikes, epidemics, etc.), prohibitive measures of state bodies (prohibition of transportation, currency restrictions, international sanctions banning trade, etc.). During this time, the Parties shall have no mutual claims, and each Party assumes its own risk of the consequences of force majeure circumstances.
11. TERM OF THE AGREEMENT. AMENDMENT AND TERMINATION OF THE AGREEMENT.
11.1. This Agreement shall enter into force from the moment of Acceptance, in accordance with the terms of this offer and shall end with the full fulfillment by the Parties of their obligations.
11.2. This Agreement may be terminated or cancelled early, amended or supplemented by agreement of the Parties, in accordance with the terms of this offer.
12. DISPUTE RESOLUTION
12.1. All disputes arising during the execution of this Agreement shall be resolved by the Parties through negotiations.
12.2. If the Parties fail to reach an agreement through negotiations, all disputes shall be considered in the claim procedure. The period for consideration of a claim is 30 (thirty) calendar days from the date of receipt of the claim.
12.3. If disputes are not resolved by the Parties through negotiations and claims, they shall be referred by the interested Party to the court for consideration in accordance with the current legislation of the Kyrgyz Republic.
13. FINAL PROVISIONS
13.1. If there are objective reasons (cessation of production of a certain Product, changes in the marking of a certain Product) that prevent the Seller from properly fulfilling its obligations to transfer the Product (certain items) specified in the Order, the Seller shall contact the Buyer by the specified telephone number and offer an equivalent Product with similar technical characteristics, the transfer of which may be carried out under the terms of this Agreement. If the Buyer has expressed consent to the transfer of a similar product, the transfer of the Product shall be carried out taking into account the changes agreed upon by the Parties.
13.2. If the court finds individual provisions of the Agreement (offer) invalid, this shall not entail the invalidity of the entire Agreement (offer) as a whole.
13.3. The terms of this Agreement (offer) are equally binding on the Parties to the agreement (offer).
13.4. In all other respects not specified by this Agreement, the Parties shall be guided by the current legislation of the Kyrgyz Republic.
13.5. Carefully read the text of the public offer, and if you do not agree with any point of the offer, you have the right to refuse to purchase the Goods provided by the Seller.
14. SELLER DETAILS
ChP Dzhamgerchinov K.B.
INN 12607197100409
UGKS Pervomaysky
Address: g. Bishkek mkr. Asanbay 17/61
Bank account 1180000062703333
BIC 118006
CJSC "Demir Kyrgyz International Bank", branch "DCIB - M. Gorky”