Almaty
CarreraYCarrera
Annex No. 1 to Order No. 002-K of "22" January 2025
Public Contract (Offer)
on the sale of goods, works, and services by remote and direct sales methods
Date: 22.01.2025
Version: No. 1
LLP "Stella Kazakhstan", the owner of the online store "ZhannaKanGroup" (located on the Internet at the domain address: https://zhannakagroup.com), as well as a network of retail stores (information about which is posted and updated on the specified site), hereinafter referred to as the "Seller", publishes this contract for the acquisition of goods and services by remote means and direct sales method, being an offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter – RCC), addressed to individuals, legal entities, and individual entrepreneurs, hereinafter referred to as the "Buyer", and expresses its intention to consider itself to have concluded this Public Contract (hereinafter - the Contract) with the Buyer who accepted the offer to conclude the Contract on the following terms.
1. GENERAL PROVISIONS
1.1. Terms and definitions:
Acceptance — the Buyer's consent with the terms of the Public Offer proposed by the Seller and joining the Public Offer by accepting it (by continuing to use the website in online mode, as well as actions aimed at placing an order by any available means, including through the online store, electronically, or at the point of sale (store)). The Buyer understands and unconditionally accepts all conditions contained in the offer in full and without exceptions. Otherwise, the Buyer must stop using the website.
Remote method of sale of goods — the sale of goods under the Public Offer contract concluded on the basis of the Buyer's acquaintance with the description of the goods offered by the Seller, contained in catalogs, brochures, booklets, or presented in photographs or using postal networks, telecommunications networks, including the information and telecommunications network "Internet", as well as communication networks for broadcasting television channels and (or) radio channels, or by other means that exclude the possibility of direct acquaintance of the Buyer with the goods or a sample of the goods when concluding such a contract.
Buyer — an individual or legal entity, or an individual entrepreneur intending to order or acquire, or ordering, acquiring, or using goods exclusively for personal, family, household, and other needs not related to entrepreneurial activity.
Seller — LLP "Stella Kazakhstan", BIN 041240012941, legal address: Republic of Kazakhstan, Almaty, Seifullin Ave., 506/99, 8th floor, office No. 6.
Public Offer — a form of contract addressed to individuals, legal entities, and individual entrepreneurs, individuals with an offer to conclude an agreement under the terms specified on the official website https://zhannakagroup.com, as well as at the Seller's points of sale.
GRS — goods, works, services presented in the online store on the site https://zhannakagroup.com or at the point of sale depending on the Buyer's choice. The list of goods sold by remote means is determined by the Seller unilaterally.
Point of Sale (store) — a trading place owned by the Seller, where commercial activities are carried out under the trademarks DAMIANI, CONSTELLA, LA PERLA, and ZARDOZI, used for the sale of GRS and the conclusion of purchase and sale agreements in the manner determined by this Public Contract.
Personal Data — any information relating to a particular or identifiable Buyer based on such information, including his surname, first name, patronymic, photo image, IIN, date and place of birth, address, family, social, property status, education, profession, income, and other information.
Processing of Personal Data — actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (update, change), use, dissemination (including transfer), depersonalization, blocking, destruction of personal data.
Confidentiality of personal data — an obligation for the Seller to prevent the dissemination of personal data without the Buyer's consent.
Order — a document containing information about the GRS selected by the Buyer from the assortment list of goods posted on the online store website https://zhannakagroup.com, their quantity and properties, as well as the type and amount of payment. The placing and payment of the Order by the Buyer is a confirmation that the Buyer fully accepts all the terms of this offer.
1.2. Legal basis:
This contract is a public offer in accordance with Article 395 of the RCC. Payment for the goods by the Buyer is an acceptance of the offer and is recognized as equivalent to the conclusion of a contract on the terms set forth in the offer.
The applicable legislation of the Republic of Kazakhstan governing the relations of the Parties under this Contract:
- Civil Code of the Republic of Kazakhstan;
- Law of the Republic of Kazakhstan "On the Protection of Consumer Rights";
- Law of the Republic of Kazakhstan "On the Regulation of Trade Activities";
- Resolution of the Government of the Republic of Kazakhstan dated 11.03.2022 No. 136-NҚ "On approval of the Rules for retail trade outside trading places by network marketing, public distributors, sales by mail, and other methods";
- Law of the Republic of Kazakhstan "On Personal Data and their Protection".
2. SUBJECT OF THE CONTRACT
2.1. The Seller agrees to transfer to the Buyer the GRS intended for personal, family, household, or other use not related to entrepreneurial activity, into the Buyer's ownership in accordance with the Buyer's Order, and the Buyer agrees to accept and pay for the goods under the conditions of this contract.
2.2. This contract governs the legal relationship between the Seller and the Buyer in the remote sale of goods through the online store and points of sale.
2.3. Detailed information on the procedure for placing an order, payment, delivery, and return of goods is posted on the website https://zhannakagroup.com.
3. PROCEDURE FOR CONCLUDING THE CONTRACT
3.1. This Contract is a public Contract in accordance with Article 387 of the Civil Code of the Republic of Kazakhstan.
3.2. When placing an order in the Online Store, the Buyer is obliged to provide the following information:
3.3. The Buyer's will is expressed by entering the appropriate data into the order form in the Online Store or by submitting an application through the Online Store/Point of Sale manager.
By placing an order, the Buyer confirms that he:
3.4. The Seller reserves the right to unilaterally change the terms of this Contract by posting them on the Site. All changes come into force immediately after publication and are considered communicated to the Buyer at the moment of such publication. The Buyer is obliged to regularly monitor changes to this Contract posted on the Site or in the Mobile application.
3.5. In order to be able to purchase GRS, the Buyer joins this Contract, agreeing to its terms, as well as the subsequent acquisition and payment for GRS in a convenient way.
3.6. To join/accept the Public Contract, the Buyer must indicate/inform the Seller of the phone number. It is impossible to place an Order to purchase the Product without specifying the Buyer's phone number. At the same time, the phone number can be used to register no more than one Buyer account in the Online Store.
3.7. By confirming the OTP code and entering the verification number, the Buyer confirms that the Seller has duly informed the Buyer of the terms and procedure for purchasing GRS.
3.8. Authentication of the Buyer is carried out by continuing to use the website https://zhannakangroup.com online, as well as by performing actions aimed at placing an order by any available means, including the Online Store and the Point of Sale.
3.9. The Seller is entitled to send messages of other informational content that are not confirmation of the Order.
3.10. The Seller is not responsible for the delay in delivering OTP passwords (one-time password) due to the fault of the mobile operator. The procedure for authenticating the Buyer may differ depending on the Product, Partner, Bank, or MCO requirements.
3.11. The Online Store does not edit information about the Buyer. Responsibility for the accuracy of the data entered by the Buyer lies directly with the Buyer.
3.12. Service provision is impossible without specifying the Buyer's phone number.
3.13. The Buyer is obliged not to disclose the login and password specified during registration to third parties. If the Buyer suspects the security of his login and password or the possibility of unauthorized use by third parties, the Buyer is obliged to immediately notify the Seller by contacting the Company's Call Center.
3.14. In the case of the annulment of a fully or partially prepaid Order, the cost of the canceled GRS is returned to the Buyer in the manner it was originally paid, except for cases of purchase of GRS on credit/installment. In such cases, the procedure for returning the paid funds is determined by the Bank or MCO.
4. PROCEDURE FOR EXCHANGE OF DATA BETWEEN BUYER AND SELLER
4.1. The procedure for exchanging information between the Online Store/Point of Sale and the Buyer is determined and communicated to the Buyer on the Site and at the Points of Sale. The Buyer agrees that the Seller uses and processes his personal data, including full name (in whole or in part), name, IIN, BIN, phone, date of birth, city of residence, photo image, purchase history, payment methods, site visit history of the Online Store, and other data obtained legally, including by providing the Buyer's direct consent at the time of purchase of the GRS.
4.2. The Buyer agrees that after completing the registration procedure on the Online Store Site, informational emails and messages will be sent to his email address by the Online Store, including promotional materials. These can be informational letters, notification letters, transactional, trigger, and marketing messages. Notification letters (for example, registration confirmation, order status changes, reminders of an "abandoned" cart, notifications of changes in promotion terms, etc.) are sent depending on the Buyer's actions on the Site. The Buyer can refuse to receive promotional emails at any time.
4.3. By specifying a phone number when placing an order or in the personal profile during registration, the Buyer agrees to receive SMS messages. To unsubscribe from this mailing, the Buyer can complete a request through the feedback form on the Online Store website.
4.4. The Online Store/Seller may request personal information from the Buyer. The information provided is used solely for processing the order in the Online Store or Point of Sale.
4.5. From the moment the Buyer joins this Contract, the Seller collects and processes the Buyer's personal data and performs other actions stipulated by legislation and the Seller's internal documents. By joining this Contract, the Buyer expresses consent that the Seller has the right to involve third parties, including Partners and/or Representatives, for the collection and processing of personal data, as well as for performing other actions to their protection.
4.6. By joining this Contract, the Buyer expresses consent and grants permission to the Seller to receive, store, and process his personal data to provide Internet Store and Point of Sale services. The Buyer also agrees to the transfer of personal data to Partners, Banks, and other persons in the process of providing the services provided for in this Contract.
4.7. Processing personal data means actions (operations) with personal data, including collection, storage, change, addition, use, dissemination, anonymization, blocking, and destruction of personal data, as well as their transfer. The Seller has the right to entrust the processing of personal data to third parties on the basis of a confidentiality agreement solely for fulfilling obligations under this Contract.
5. INFORMATION ABOUT GRS
5.1. GRS, being the property of the Seller, are presented on the Site through description, characteristics, and images (photos), as well as at Points of Sale.
5.2. Each image is accompanied by textual information, including name, size range (if necessary), price, and description of the GRS.
5.3. All informational materials presented in the Online Store are for reference purposes and cannot fully convey information about the properties and characteristics of GRS, including colors, sizes, and shapes. The sale of GRS through the Online Store is not a sale of goods/works/services by samples.
5.4. If the Buyer has questions regarding the properties and characteristics of the GRS, at the Buyer's request, the Online Store manager or Point of Sale provides (by phone, via email, or at the Point of Sale) additional information necessary and sufficient to make a decision on purchasing the GRS.
5.5. If the Buyer needs additional information about the GRS to make a purchasing decision, he has the right to contact the Seller's Contact Center before placing an order. If the Buyer does not request additional information, the Seller is not responsible for the Buyer's choice of Product.
5.6. The Buyer's order can be placed by the Online Store manager by phone and/or through messengers (WhatsApp, Telegram), or by the Buyer independently through the Site. In this case:
When placing an order by phone, the Buyer provides the Online Store manager with the complete requested information necessary to place the order.
Placing an order through the Site is carried out by the Buyer by performing the following sequential actions:
5.7. After successful payment authorization, the Buyer receives a notification confirming payment and order details (including order number) to the indicated email address or phone number. The order is automatically processed according to the established conditions.
5.8. Delivery of the ordered Products is carried out in agreement with the Buyer at the indicated address.
5.9. The order is considered completed at the time of actual transfer to the Buyer, which is confirmed by the Buyer's signature on the accompanying documents.
6. PROCEDURE FOR ACQUIRING GRS. PRICE OF GRS. PAYMENT OF GRS
6.1. The Buyer has the right to place an order for any GRS presented in the Online Store or Point of Sale. Each GRS can be ordered in any quantity, except in cases where the Online Store establishes restrictions.
6.2. An order can be placed by the Buyer by phones indicated on the Online Store website or independently through the Online Store website, or by visiting the Point of Sale.
6.3. After placing an order, the Online Store confirms the Buyer's order by sending an SMS message to the indicated mobile number with information about the acceptance of the order, including the name, price of the selected GRS, and the total order amount. After that, an Online Store manager contacts the Buyer by phone.
6.4. The price of GRS in the Online Store is indicated in tenge per unit of GRS and includes VAT, unless otherwise specified in the description of the GRS.
6.5. The price indicated on the site or at the Point of Sale for GRS can be changed by the Seller unilaterally without prior notice to the Buyer. However, the price of the GRS ordered and paid for by the Buyer is not subject to change.
6.6. The Buyer pays for the order in any way offered in the Online Store or Point of Sale.
6.7. The Buyer's order can be placed by the Online Store manager by phone or by the Buyer independently through the website. When placing an order by phone, the Buyer provides the Online Store manager with all the requested information necessary to place an order.
6.8. Payment is made by available means proposed for the order being placed:
6.8.1. Cash payment in the store or upon receipt of the goods.
6.8.2. By bank card, including payment through a mobile electronic terminal upon receipt of the order. Cards of payment systems VISA, VISA Electron, MasterCard, American Express, Diners Club, Discover, and JCB are accepted for payment.
6.8.3. Online payment method. Payment is made through the internet acquiring system directly when placing the order. Cards of payment systems VISA, VISA Electron, MasterCard, American Express, Diners Club, Discover, and JCB are accepted for payment. To make a payment, the card details must be entered on the authorization server of the internet acquiring system.
6.8.4. By arranging a commodity credit or installment.
6.8.5. Cashless payment by transferring funds to the Seller's bank details (for legal entities and individual entrepreneurs). The invoice issued by the Seller is valid for three (3) banking days. Payment of this invoice means agreement with the terms of the Contract. Notification of payment to the Seller by the Buyer is mandatory, otherwise, the availability of GRS in stock is not guaranteed. The goods are released upon receipt of funds into the Seller's current account, subject to the presence of a document identifying the person and/or power of attorney to receive GRS.
6.8.6. Payment of GRS by legal entities or individual entrepreneurs is made by the following methods: cash payment (upon receiving GRS or in the form of advance payment) or cashless methods (online card or by invoice through the bank).
7. PROCEDURE FOR ACQUIRING GOODS BY NON-RESIDENTS
7.1. Buyers who are residents of another country (except the Republic of Kazakhstan) and who are located in such a country have the right to purchase goods from the Seller placed on the Seller's website by selling goods electronically exclusively for personal use. Delivery of goods ordered and paid for by non-resident Buyers of RK is carried out by the Seller's Partners or at the Buyer's choice.
7.2. The city in the Republic of Kazakhstan in which the warehouse for the shipment of goods under a specific order is located is recognized as the place of sale of goods.
7.3. Ownership rights for non-resident Buyer to the goods under this Contract arise from the moment of transfer/delivery of the goods to a Partner or another transport organization/carrier for sending the goods to the Buyer.
7.4. The Parties, guided by the norm of paragraph 2 of Article 410 of the RCC, agree that the terms of this Contract do not imply the Seller's obligation to deliver goods or hand over goods at the location of the Buyer. The Seller's obligation to transfer the goods to a non-resident Buyer is considered fulfilled at the moment of handing over the goods to a Partner or another transport organization/carrier for sending the goods to the Buyer. The Seller is not liable for the quality of services provided by Partners or other parties rendering transportation services.
8. DELIVERY, PERFORMANCE, PROVISION OF GRS, AND ORDER ACCEPTANCE
8.1. Methods, procedures, terms, and cost of delivery, performance, or provision of GRS are indicated on the Online Store website and/or are negotiated by the Buyer with the Online Store manager or Point of Sale.
8.2. When transferring the Order, the Buyer must check the appearance of the Order, the quantity of GRS in the Order, and its completeness. In the absence of external damage to the packaging and GRS, the Buyer must sign the accompanying documents confirming the receipt of the GRS.
8.3. The Order is deemed completed and GRS realized at the time of its transfer to the Buyer. By signing the consignment note provided by the Delivery Service, courier of the Seller's courier service, or Seller's employees at Points of Sale, the Buyer confirms the fulfillment of the Order and his agreement with this Public Offer.
8.4. The execution period for the Order placed through the Online Store is from one business day. The execution period for the Order depends on the availability of the ordered GRS items at the Seller's warehouse and the time required to process the Order. In exceptional cases, the execution period for the Order can be negotiated with the Buyer individually, depending on the specifications and quantity of the ordered Goods. In case of the absence of part of the Order at the Seller's warehouse, including for reasons not dependent on the latter, the Seller has the right to cancel the specified Goods from the Buyer's Order. The Seller is obliged to notify the Buyer of changes in the completeness of his Order by calling the contact number specified during the Order or by SMS message in case the Buyer is not available.
8.5. During delivery, the Order is handed over to the Buyer or the person specified as the Order Recipient. Third parties are issued Goods on the basis of a power of attorney executed in accordance with the law.
8.6. To avoid fraud cases and to fulfill obligations, when delivering a prepaid Order, the person delivering the Order has the right to request a document verifying the identity of the Recipient, as well as to specify the type and number of the provided document on the Order receipt. The Seller guarantees the confidentiality and protection of the Buyer's personal information.
8.7. The reservation period for delivered self-pickup GRS or GRS available in stock at the Point of Sale warehouse is up to five (5) business days without prepayment and thirty (30) business days if there is a prepayment on the Order. After the reservation period expires for a previously paid Order, a refund is made in the amount of the prepayment with notification to the Buyer.
8.8. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Seller handed over the Goods to the Buyer, which is confirmed by the receipt (invoice/act of delivery-acceptance).
8.9. Ownership rights to the Goods under the Contract arise for the Buyer from the moment of receiving the Goods and all accessories to it, as well as related documents stipulated by this Contract.
9. RETURN OF GRS
9.1. If claims arise regarding the quality of GRS, the Buyer has the right to present them within the warranty period on the Goods in accordance with separate warranty conditions posted and communicated to Buyers through the Seller's website.
9.2. Return of Goods is possible in the manner regulated by legislation.
9.3. In case of return by the Buyer of Goods of proper quality, the costs associated with the return of such Goods are not reimbursed to the Buyer. The return delivery of the Goods is paid at the Buyer's expense.
9.4. In exceptional cases, at the Buyer's request, the Goods subject to return may be delivered at the Seller's expense. In this case, the refund to the Buyer for the Goods is made with the deduction of delivery costs.
9.5. Return of Goods of proper quality is possible in the manner regulated by legislation within (14) calendar days from the purchase or delivery if the presentation of the item is preserved, the item was not used, and there is a receipt for the Goods, a transfer note of the Goods, or another document confirming the purchase and transfer-acceptance of the Goods, for jewelry items, it is necessary to have a seal and a conclusion of the National Center of Expertise and Certification.
9.6. The Buyer has the right to exchange Goods of proper quality for another commercial offer of this Goods or another Goods if available, identical in cost, or for another Goods with additional payment or refund of the price difference in the manner specified in paragraph 9.5 of this Contract, for jewelry items it is necessary to have a seal and a conclusion of the National Center of Expertise and Certification. If the required Goods for exchange are not available with the Seller, the Buyer has the right to return the purchased Goods to the Seller and receive the amount paid for it, subject to paragraph 9.5.
9.7. Return of Goods is carried out at the place of purchase or at the Seller's warehouse from which the shipment was made. To clarify the address of the shipment warehouse, it is necessary to contact the Seller's Contact Center. In case of returning Goods from a city where the company's warehouse is absent, the return is made to the address of the warehouse shipment. The cost of delivery when returning Goods of proper quality is paid by the Buyer.
9.8. In case of delivery by the Seller of Goods of improper quality, the Buyer agrees to provide the Goods to the Seller in the manner and under the conditions specified on the Seller's website within three (3) calendar days after the purchase for quality control of the Goods.
9.9. Goods are subject to warranty service if notification of Goods malfunction is received by the Seller before the expiration of the warranty period, the Goods were operated without violation of the operating rules posted and communicated to Buyers through the Seller's website, and the Buyer did not perform repair of the Goods independently or by third parties.
9.10. Prior to returning or exchanging Goods, a preliminary inspection is conducted. Replacement of Goods during additional verification (examination) is carried out within the terms established by legislation, except cases where verification is carried out by the Goods manufacturer and is sent to its location or its authorized persons. The cost of additional verification (examination) of the quality of the Goods is paid by the Seller (manufacturer). If as a result of verification (examination) it is established that the defects of the Goods are absent or occurred after the transfer of the Goods to the Buyer due to his violation of established rules of use, storage or actions of third parties or force majeure circumstances, the Buyer is obliged to reimburse to the Seller (manufacturer) the expenses for conducting verification (examination) and related transport expenses.
9.12. The Seller has the right to refuse to satisfy the claim for returning Goods of inadequate quality in the presence of external damage to the Goods, including in case of establishment of facts:
10. RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. The Seller is obliged to:
10.1.1. Transfer the GRS to the Buyer in the manner and on the terms of this Contract.
10.1.2. Transfer to the Buyer the Goods that must be packed in a suitable way for such Goods, ensuring the preservation of the Goods under the conditions of its storage and transportation provided for by this Contract. The packaging is not returnable. The cost of packaging is included in the price of the Goods.
10.1.3. Simultaneously with the Goods, transfer to the Buyer the accessories of the Goods, as well as documents related to it provided for by this Contract.
10.1.4. Timely provide the Buyer with necessary and reliable information about the Goods. All materials presented on the site https://zhannakangroup.com contain exhaustive information about certain properties and characteristics of the Goods, about the address (location) of the Seller, about the place of manufacture of the Goods, about the Seller's complete trade name, about the price and conditions of acquisition of the Goods, about its delivery, service life, and payment procedure. If the Buyer has additional questions before placing an Order, he needs to contact the Seller for consultation.
10.1.5. Guarantee the quality compliance of the Goods with the requirements for similar Goods applicable in VK.
10.1.6. Consider complaints and applications of Buyers and timely respond in accordance with the current legislation of VK and, in the event of validity of the complaint, take measures to satisfy them.
10.1.7. Collect and process personal data, including biometric data, if necessary, carry out cross-border transfer of personal data of the Buyer provided by him. Ensure their confidentiality and do not provide access to this information to third parties, except in cases provided by the current legislation of VK and the terms of this Contract.
10.2. The Buyer is obliged to:
10.2.1. Pay for the Goods in the manner and terms established by the Contract.
10.2.2. Receive Goods in quantity, quality, assortment, and completeness in accordance with the terms of this Contract.
Upon acceptance of the Goods, the Buyer is obliged to:
10.2.3. On the day following the receipt date of the Goods, notify the Seller about the non-compliance of the Goods in terms of quantity, quality, assortment, and completeness.
10.2.4. When detecting manufacturing defects of the Goods during the warranty period, notify the Seller within two (2) calendar days after their detection. Claims are sent to the email: clientservice@zhannakangroup.com indicating the article, name of the Goods, cost, and delivery date. The claim is accompanied by a receipt and photographs of the product.
10.2.5. When placing an Order, provide accurate information. The Seller is not responsible for improper fulfillment of the Order if the Buyer provided incorrect data.
10.2.6. When returning or exchanging Goods, provide the Seller with necessary conclusions and/or expertise of authorized bodies in accordance with paragraph 9.5.
10.3. The Seller has the right to:
10.3.1. Cancel the Order in case of violation by the Buyer of the obligations of this Contract.
10.3.2. Amend this Contract, information about properties and characteristics of the Goods, price of the Goods, conditions of promotions and tariffs for accompanying services, and methods and terms of payment and delivery of Goods unilaterally.
10.3.3. Transfer the Buyer's personal data to the delivery service and other authorized persons to fulfill the obligations under the Contract.
10.3.4. Withdraw from the Contract in case of the occurrence of circumstances of force majeure, including but not limited to the introduction of restrictive (quarantine) measures based on legislative acts of authorized state bodies.
10.3.5. Transfer its rights and obligations under the Contract to third parties without the Buyer's consent, as well as attract third parties to fulfill their obligations under the Contract.
10.4. The Buyer has the right to:
10.4.1. Refuse the Goods if the Seller did not deliver it within five (5) calendar days from the date of payment.
10.4.2. Refuse the Goods at any time before the transfer to the Buyer and to return the Goods of proper quality within 14 calendar days after purchase.
10.4.3. If production defects are found within the warranty period, demand their elimination or reimbursement of documented repair expenses.
10.4.4. Demand delivery of Goods at a new date or return of the previously paid amount.
10.4.5. Familiarize himself with the procedure for returning and exchanging Goods on the website https://zhannakangroup.com.
11. CONFIDENTIALITY AND INFORMATION PROTECTION
11.1. The Seller is obliged to ensure confidentiality and processing of the Buyer's personal data as the subject of personal data ensuring compliance with all applicable requirements of the legislation of VK regarding the protection of personal data, including compliance with the principles, requirements, and obligations of the personal data operator established by the Law of VK on 21 May 2013 No. 94-V "On personal data and their protection". Processing of personal data in this Contract is understood as any action or set of actions with personal data performed using or without using means of automation aimed at collecting, recording, systematizing, accumulating, storing, modifying, supplementing, clarifying (updating, changing), extracting, using, distributing, depersonalizing, blocking, deleting, destroying, as well as cross-border transfer of personal data.
11.2. By accepting this Public Contract, the Buyer confirms his consent and permits the Seller and its services, as well as Banks and MCO collaborating with the Seller:
11.2.1. To collect, store, process, and use their personal data. The Buyer consents to providing information about himself to Banks and MCO for subsequent provision to credit bureaus and obtaining information about the Buyer from credit bureaus. The consent applies to the following information:
11.2.2. To use the provided information for the following purposes:
11.2.3. To process the Buyer's personal data using database management systems and other software tools. The Seller has the right to independently determine the methods used for processing personal data.
11.2.4. The Seller ensures the confidentiality of the provided Buyer's personal data and its protection. The Buyer has the right to request a list of his personal data and/or require their modification or destruction by contacting the Contact Center.
11.2.5. The Seller has the right to send informational and promotional messages to the email address and/or phone number indicated by the Buyer. The Buyer can change the subject of the newsletter or unsubscribe at any time.
11.2.6. When paying for the Order by bank card, information about the card and its holder is not transmitted to the Seller. No confidential information other than payment notification is transmitted to the Online Store.
11.2.7. The Buyer confirms his consent to the collection, processing, and cross-border transfer of personal data to LLP "Stella Kazakhstan" and related parties, including Banks and MCO. The consent is valid without a time limit and can be revoked by written notification 30 days before the withdrawal takes effect.
11.2.8. The Buyer confirms his unconditional consent in favor of LLP "Stella Kazakhstan", as well as in favor of persons directly or indirectly associated with LLP "Stella Kazakhstan", including BVUs and MCOs (Third Parties), to:
11.2.9. The Buyer's consent is valid without a time limit, but can be withdrawn with prior notification to the Seller 30 days in advance. However, if the Buyer has unfinished obligations towards the Seller or Third Parties, or if contradicts the Legislation, the consent cannot be revoked until their full completion.
11.2.10. Consent is provided in accordance with:
Law of the Republic of Kazakhstan dated 21 May 2013 "On Personal Data and their Protection";
Law of the Republic of Kazakhstan dated 6 July 2004 "On Credit Bureaus and Credit Histories in the Republic of Kazakhstan";
and other regulatory legal acts in force in the territory of the Republic of Kazakhstan.
12. LIABILITY OF THE PARTIES
12.1. The Parties are liable for non-performance or improper performance of their obligations under the Contract in accordance with the legislation of the Republic of Kazakhstan.
12.2. The Seller is relieved of responsibility for any damage caused to the Buyer due to improper use of the GRS purchased in the Online Store or Point of Sale.
12.3. The Parties are exempt from liability for full or partial non-performance of their obligations if non-performance is a result of force majeure circumstances, such as:
If such circumstances arose independently of the will of the Parties after the conclusion of this Contract, the Parties are relieved of responsibility for non-performance or improper performance of obligations under the Contract during the period of force majeure.
12.4. In case of providing the Buyer with false information about his contact details or the composition of the Order, the Seller is not responsible for improper execution of the Order.
13. WARRANTY OF GOODS QUALITY
13.1. The Seller is responsible for defects found in the Goods during the warranty periods.
13.2. Warranty periods for Goods are determined by manufacturers and calculated from the moment the Goods are transferred to the Client.
13.3. For Goods on which warranty periods are not established by manufacturers, the Seller establishes a warranty period of six (6) months. Requirements asserted by the Buyer after the expiration of the warranty periods are considered by the Seller in the manner established by the current legislation of the Republic of Kazakhstan.
14. DISPUTE RESOLUTION
14.1. Pretrial settlement of claims under this Contract is mandatory for the Parties.
14.2. Claim letters are sent by the Buyer via registered mail with delivery confirmation to the Seller at the address specified in Article 15 of this Contract.
14.3. The term for reviewing claim letters is five (5) business days from the date of receipt by the addressee.
14.4. Disputes under this Contract are resolved in court in accordance with the current legislation of the Republic of Kazakhstan.
14.5. The Parties are obliged to take all measures to resolve disputes and disagreements that may arise when fulfilling obligations under the Contract through negotiations.
14.6. If the Parties cannot reach an agreement, all disputes are subject to resolution in accordance with the current legislation of the Republic of Kazakhstan.
15. SELLER'S ADDRESS AND DETAILS
Republic of Kazakhstan, Almaty, Seifullin Ave., 506/99, 8th floor, office No. 6
Phone: +77750395550 Email: info@zhannakangroup.com Website: https://zhannakangroup.com.
