Remalux.kz online store
This agreement between the remalux.kz online store, hereinafter referred to as "online store/The Seller" and the user of the online store's services, hereinafter referred to as the "Client", determines the conditions for purchasing of the Products through the https://remalux.kz online store Website.
TERMS AND DEFINITIONS
Client — any fully capable individual who orders or purchases goods by placing an Order on the www.remalux.kz website, or specified as the recipient of the Products, or using the Products exclusively for personal, family, household and other needs not related to business activities.
Seller - K-COLOR LLP (BIN 010440005708), an organization engaged in the distance selling of the Products, under a retail sale agreement concluded on the basis of the customer's familiarization with a description of the product on the Seller's site - remalux.kz (hereinafter — the Website), without the Client r's direct acquaintance with the product or a sample of the product at the conclusion of such a agreement. Online store — an internet website owned by the Seller, in which the Products offered by the Seller to its Clients for Ordering, as well as the terms of payment and delivery of these Orders to Clients are available.
Website — www.remalux.kz.
Product- the material object that has not been removed from the civil circulation and provided for the sale on the Website and available at the time of shipment confirmation.
Order — a duly executed Client's request for the delivery of the list of Products, selected on the Website, to the specified address.
Personal account — a Client's personal page on the Website, which requires a user name and password for the access, and which stores information about the Client and his Orders.
Delivery service — contracted third party that that provides services for the delivery of Orders to the Clients.
1. GENERAL PROVISIONS
1.1. By ordering Product through the online store, the Client agrees with the terms of purchase of the goods (hereinafter referred to as the Terms) set out below.
1.2. These Terms, as well as Product information given on the Website, is a public offer in accordance with article 395 of the Civil code of the Republic of Kazakhstan, and if the terms set out below are accepted by individual, he/she will be obliged to pay for the Products in accordance with the terms of this Agreement. In accordance with paragraph 3 of article 396 of the civil code of the Republic of Kazakhstan, payment for the Products by the Client constitutes the acceptance of an offer, which is considered equivalent to signing a Contract on the terms set out in the offer.
1.3. The provisions of the Civil code of the Republic of Kazakhstan (including the regulation on retail sale and purchase, the Law of the Republic of Kazakhstan dated may 4, 2010 No. 274-IV "On Protection of Consumers' Right"), other regulations of the current legislation of the Republic of Kazakhstan and other legal acts adopted in accordance with them applies to the relations between the Client and the Seller.
1.4. The Seller reserves the right to make amendments in the Terms, therefore, the Client agrees and undertakes for regular monitoring of amendments in the Terms published in the section "public offer Agreement".
1.5. The Client agrees with the Terms by clicking the "Place an order" button at the last stage of placing an Order on the Website. Read more: https://www.remalux.kz
2. SITE REGISTRATION
2.1. To place an Order, it is recommended for the Client to register on the Website.
2.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Client upon registration.
2.3. The Client undertakes not to disclose the user name and password, specified in the registration of the personal account, to the third parties. In case of any suspicions of the Client on the security of his user name and password or the possibility of the unauthorized use by third parties, the Client undertakes immediately notify the Seller by sending an email via the feedback form.
3. REGISTRATION AND ORDER EXECUTION TIMELINES
3.1. The Client's order can be registered in the following ways: accepted by phone or registered independently by the Client on the Website.
3.2. When placing an Order, the Client must provide the following information:
- Full Name of the Client or the Recipient of the Order;
- The delivery address;
- Contact email;
- Contact phone number;
- Delivery method;
- Payment method.
3.3. The Seller reserves the right to refuse concluding the Agreement and placing an Order without giving any reasons.
3.4. The period in which the Seller undertakes to execute the Order - starts from one working day. The term of performance of an Order, in exceptional circumstances, can be agreed with the Client individually, depending on the specifications and quantity of the ordered Products. The lead-time depends on the availability of the ordered Products in the Seller's warehouse and the time required for the processing of the Order.
3.5. All information content provided on the Website is for reference only and cannot fully transmit reliable information on the properties and specifications of the Products, including colors. Color of Products may differ from real, depending on color rendering of Client's photography equipment and computer (other device). In case if Client will have any questions on the properties and specifications of the Products, he should seek the advice through the form on the Website or by phone before placing an Order.
3.6. If the ordered Products are not available in the Seller's warehouse, including for the reasons beyond the Seller's control, the Seller has the right to cancel the specified Product from the Client's Order and notify the Client by sending an email to the specified address, an SMS message to the contact phone number or a phone call. The Seller selects the notification method. The Seller undertakes to notify the Client of any changes in the completeness of his Order.
3.7. In case of the cancellation of a fully or partially prepaid Order, the Product's value, at the Client's request, is refunded to the Client by the way they was initially pre-paid.
3.8. The Client is obliged to fully accept the transferred Products, except the cases in which he has the right to request the replacement of the Goods or refuse to perform the Agreement, in accordance with the Terms.
3.9. All products have a label in Kazakh and Russian, indicating product, manufacturer and other information, according to the legislation of the Republic of Kazakhstan.
4.1. The Client and online store manager agrees on conditions of the Products delivery.
4.2. Address for the Orders delivery is specified by the Client. Products pickup by the Client is made directly from the store. The agreed delivery method is the method chosen by the Client when placing an Order on the Website.
4.3. The Seller will make every possible effort to comply with the delivery terms specified on the Website, however, delays in delivery might occur due to unforeseen circumstances that occurred through no fault of the Seller.
4.4. The Risk of Loss or accidental damage of the Products passes to the Client upon handover of the Order to him and upon signing the confirming shipping documents. In case of non-delivery of the Order, the Seller refund to the Client the value of the pre-paid Order and delivery after receiving the confirmation of the loss of the Order.
4.5. The cost of delivery for each Order is calculated individually, based on its weight, shipping address and delivery method, and indicated at the last stage of placing an Order on the Website.
4.6. The Order delivers directly to the Client or to the person specified as the Recipient of the Order. When it is impossible to receive a cash-placed Order by the above mentioned persons, the Order is given to the person who could provide the order information (delivery number and/or name of the Recipient) and pay in full to a person performing the delivery of the Order.
4.7. To avoid fraud, and to execute the obligations in paragraph 4.6. upon the receipt of the prepaid Order, the shipping carrier shall be entitled to request the identity document of the Recipient and indicate the type and number of the provided by the Recipient document on the return receipt to the Order. The Seller guarantees confidentiality and protection of the Recipient's personal information.
4.8. When transferring an Order, the Client must check the outside appearance and packaging of the Products, the quantity of the Products in the Order, completeness, and assortment.
4.9. The terms allowed by the Seller for receiving the Order by the Client, at the point of sale selected by the Client when placing the Order, is limited and does not exceed 3 (three) calendar days after the Client has been notified on the Order's readiness.
4.10. Non-receipt of the Order within the period specified in paragraph 4.9 is considered to be a Client denial of the purchase-and-sale Agreement and constitutes grounds for cancellation of the Order by the Seller. If the non-received Order was prepaid, the funds will be returned to the Client in accordance with clause 3.7 of the Terms.
4.11. In case of refusal to purchase, at the time of physical receipt of the Order, the Client must pay the delivery cost (based on clause 3 of article 450 of the civil code of Republic of Kazakhstan, clause 5 of article 25 of the Law "On regulating trading activities").
5. PRICE AND PAYMENT OF GOODS
5.1. The Product prices in the online store are indicated in Tenge.
5.2. Indicated on the website Product price can be amended by the online store unilaterally, however the paid price shall not be subject to any alterations.
5.3. The Product price is indicated at the last stage of placing an Order and is valid at the time of clicking the "Place an order" button. However, the price of the ordered Product is not subjected to any alterations after placing the Order. The price of the Product in the online store may differ from the price in the retail location. The online store price is valid only for the orders placed through the online store.
5.4. Payment methods are indicated on the Website. The Client (individual) pays for an order in any way chosen in the online store. When placing an Order for a legal entity, payment is made by cashless transaction according to the invoice. After receipting funds to the Seller's account, the online store manager agrees the delivery time with the Client.
5.5. In case of prepayment, the Order is accepted for processing after the receipt of funds to a Seller's account. In this case, the Product is not reserved and the Seller cannot guarantee the availability of the Product in his warehouse at the time of placing the Order, thereby, the Order processing time may increase.
5.6 in order to avoid unauthorized use of Bank cards at payment, all Orders placed on the Website and prepaid by Bank card are checked by the Seller. The Seller reserves the right to cancel the Order without giving a reason. The cost of the Order is refunded to the Bank card that was used for prepayment of the Order.
5.7. When paying on the Website, an electronic receipt is sent to the Client's email address provided at the moment of placing an Order on the site.
6. REFUND OF THE PRODUCT AND MONEY PAID FOR THE PRODUCT
6.1. Return of the Product of a proper quality is made in the following cases:
- Client has the right to refuse the ordered product of a proper quality at any time before receiving it, and after receiving the Product — within 14 (fourteen) calendar days, if it was not in use, its market condition, consumer properties, seals, labels, as well as a document confirming the purchase of the Product is remains. If the document evidencing the purchase of the product was lost or for any reason has not been issued to the consumer, the exchange or the return of the product must be made if the Client proves the purchase from this seller.
- The Client could not refuse the Product of a proper quality that has specific properties, if the specified Product can be used exclusively by the Client purchasing it.
- If the Client refuses the Product in accordance with clause 6.1, the Seller refunds the cost of the returned Product, except the Seller's expenses for the delivery of the returned Product from the Client, no later than 10 (ten) banking days from the date of receipt by the Seller of application and the Product from the Seller.
- If the Client wish to exchange the Product, but at the time of the Client 's request the similar product is out of stock, the Client has the right to refuse to perform a contract and demand a refund of the amount paid for the specified Product. The Seller must refund the amount paid for the returned Product within 10 (ten) working days from the date of the Product refund.
6.2. Return of the Product of an inadequate quality is made in the following cases:
- The Client can return the Product of inadequate quality to the Seller and demand a refund of the amount paid, at least 3 months before the date of expiration of the Product. The Client may also require replacement of a Product of inadequate quality or defect corrections, in accordance with the legislation of the Republic of Kazakhstan.
- If the Client refuses from the Agreement and demands a refund of the amount paid for the Product in accordance with clause 6.2, the cost of the Product shall be refunded to the Client.
6.3. Refund of funds:
- If a paid Order was canceled before it was received, the Seller returns the paid amount to the Client.
- when the Client returns the Product, the refund is made on the basis of the Client 's Application and subject to return of the Product to the Seller. If the Product was purchased with a Bank card payment, the refund is made by cashless transaction to the card that was used for the payment. In case of impossibility of refund of a paid amount back on the bank card, the Client provides an application indicating the payment details for a refund and explanation of the reasons why the money return on the bank card cannot be made. There is no cash refund for Bank card payments.
- For cash refund, the Client must identify himself with ID or other identification document.
6.4. Operating procedures in case of violation of the terms of assortment by the Seller (re-sorting):
- In case of transferring of Products in violation of the terms of assortment, the rules of article 421 of the Civil Code of the Republic of Kazakhstan do not apply.
- If a Product founded in the Order does not correspond to the ordered assortment (re-sorting), the Client has the right to refuse this Product when transferring the Order and demand replacement for the Product in the assortment provided for by the Order, or a refund for the actually undelivered Product.
- The product transferred to the Client in violation of the assortment condition is subject to return to the Seller. If the Client accepts the Product, the Seller may require payment for the Product at a price set by the Seller for this Item on the Website at the time of transmission of the Product. If the actual transferred Product is not included in the Seller's product range presented on the Website at the time of transmission of the Product, this Product must be paid for the price agreed with the Seller.
- Replacement of the non-conforming on the assortment Product shall be done by placing a new order.
- If it is impossible to replace the Product, the Seller notifies the Client by sending an email to the address specified by the Client during registration, and the actually paid for the non-transferred product funds are refunded in accordance with clause 6.4.
- Funds paid by the Client for the actually non-transferred Product are subject to refund within 10 (ten) working days from the date of the receipt of the Client’s written request for a refund. The refund of the paid amount is made in the same way as the payment was made.
6.5. Operating procedures in case of violation of the terms of quality by the Seller:
- When transferring an Order, the Client must check the Product quantity in the Order. If the Client finds quantity discrepancy of the Products in the Order when transferring the Order, the Client must draw up an Act on the quantity discrepancy in the presence of the Seller representative or the carrier.
- If the Seller has transferred to the Client fewer Products than defined by the Order (shortage), the Client during transferring the Order have a right to accept the Products which corresponds to the Order and request to transfer the missing quantity of the Products or, if the missing Product has been paid, to cancel the Order according to the missing Product volume and to request a refund for the missing Products.
- The transfer of the missing Product is carried out by placing a new Order upon a mutual agreement of the parties — the Seller or the Client, under condition that the Client provides an Quantity Discrepancy Certificate (Shortage Certificate). If it is impossible to transfer the missing Product, the Seller notifies the Client by sending an email to the address specified by the Client during registration, and the actually paid for the missing goods funds are refunded to the Client within 10 (ten) working days from the date of receipt of the Client 's written request for a refund, as well as the Quantity Discrepancy Certificate (Shortage Certificate). The refund of the paid amount is made in the same way as the payment was made.
- In case of violation by the Client of clause 6.5. related to the drawing up the Act, the Seller has the right to dismiss the Client 's claims for the quantity of the transferred Products.
7.1. All materials presented on the Website, including all its content, information, photos, illustrations, drawings, items and logos, are the property of K-COLOR LLP and are protected by copyright and trademark laws and other intellectual property rights.
The materials are intended solely for personal, non-commercial use. The content of the Website as described above may not be changed, copied, reproduced, or offered for sale, rented out, supplemented or used in any other way without the prior written permission of K-COLOR LLP.
8. WARRANTIES AND LIABILITY
8.1. The Seller is not responsible for any damage caused to the Client in a result of improper use of Products ordered on the Website.
8.2. The Seller is not responsible for the content and performance of the sites that contain links to the Website.
8.3. The Seller have the right to transfer or otherwise assign his rights and obligations arising from his relationship with the Client to third parties without preliminary notice of the Client.
8.4. In case of any Client's questions or complaints, he should use the Feedback form on the Website for a contact. All disputes arising between the parties should be resolved through negotiations. In failure of an agreement, the dispute will be referred to the judicial authority in accordance with the current legislation of the Republic of Kazakhstan.
8.5. The court's invalidation of any provision of these Rules does not invalidate the remaining provisions.
9. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
9.1. By submitting your personal data when placing an Order or registering Personal account, the Client agrees on their processing by the Seller, which includes promotion activities of the Seller's products and services.
9.2. If the Client does not wish to process his personal data, he should use the Feedback form on the Website for a contact with the Seller. In this case, all information received from the Client (including the user name and password) is deleted from the Seller's database.
9.3. Use of information provided by the Client and received by the Seller.
9.3.1 The Seller uses the information:
- To register a Client on the Website;
- To fulfill his obligations to the Client;
- For evaluating and analyzing the Website performance.
9.3.2. The Seller has the right to send the advertising information-containing messages to the Client. If the Client does not want to receive mailings from the Seller, he must unsubscribe by "clicking" on the corresponding link in the email sent by the Seller. To log in, you must enter your user name and password.
9.4. Disclosure of information received by the Seller:
9.4.1. The Seller undertakes not to disclose the information received from the Client. It is not considered a violation for the Seller to provide information to agents and third parties, acting under a contract with the Seller to fulfill his obligations to the Client.
9.4.2. It is not considered a violation of obligations to disclose information in accordance with reasonable and applicable legal requirements.
9.5. The Seller has the right to use "cookies" technology. "Cookies" do not contain any confidential information and are not transmitted to third parties.
9.6. The Seller receives information about the IP address of the Website user. This information is not used to identify the user.
9.7. The Seller is not responsible for the information provided by the Client on the Website in a publicly accessible form.
9.8. The Seller is not responsible for any losses that the Client may incur in a result of the accessibility of his user name and password to third parties.
9.9. If the Seller has suspicions about the use of the Client’s account by a third party or a malicious software, the Seller has the right to unilaterally change the Client's password with notification of the latter to the specified email address.