PUBLIC OFFER
Limited Liability Partnership "VILED FASHION" (VILED FASHION), hereinafter referred to as the "Site Administration", of the one part, and
Individuals and legal entities - citizens of the Republic of Kazakhstan or foreign citizens (any of the aforementioned persons) intending to use and/or using the website www.viled.kz and/or the "VILED" mobile application posted in the "App Store" and "Google Play" application stores (hereinafter - the "Site"), hereinafter referred to as the "User", of the other part,
hereinafter jointly referred to as the "Parties", and individually as a "Party", or in accordance with the above designations, have entered into this User Agreement (hereinafter - the "Agreement" / "Offer"), as follows:
TERMS AND DESIGNATIONS:
"Offer" - a public proposal of the Site Administration (within the meaning given to this term by Article 395 of the Civil Code of the Republic of Kazakhstan (General Part) and Article 447 of the Civil Code of the Republic of Kazakhstan (Special Part)) addressed to the User, to conclude with it this Agreement, defining the terms of use of the Site, the material terms of purchasing the Goods, the procedure for returning and exchanging the Goods, the terms of participation in promotional campaigns and prize draws held by the Site Administration, as well as other rights, obligations and terms of the relationship between the Parties related to the use of the Site, on the terms contained in this Agreement, including all its annexes (including the terms of the customer loyalty program).
"Site Administration" - Limited Liability Partnership "VILED FASHION" (VILED FASHION), BIN 090740001544, legal address: Republic of Kazakhstan, city of Almaty, 050059, Samal-2 microdistrict, house 67, established and operating in accordance with the legislation of the Republic of Kazakhstan and carrying out entrepreneurial activities for the sale of Goods, including by remote means.
"User" - an individual or legal entity (within the meaning given to the term "legal entity" by Article 33 of the Civil Code of the Republic of Kazakhstan) - a citizen of the Republic of Kazakhstan or a foreign citizen (any of the aforementioned persons) intending to use and/or using the Site, including the "VILED" mobile application, and who has also entered into this Agreement with the Site Administration on the terms contained therein. The User includes both individuals purchasing Goods for personal, family or household needs not related to entrepreneurial activity, and legal entities using the Site for their own purposes - both of these categories of persons are jointly referred to as the "User". At the same time, the provisions of the Law of the Republic of Kazakhstan dated May 4, 2010 No.274-IV "On Protection of Consumer Rights" and the Law of the Republic of Kazakhstan dated May 21, 2013 No.94-V "On Personal Data and Their Protection" apply to the User - an individual to the extent that, by their subject matter of regulation, the said laws apply to individuals, and do not apply to the User - a legal entity, to which the effect of these laws does not extend by virtue of their subject matter of regulation.
"Acceptance" - the User's full and unconditional acceptance of the terms of the Agreement.
"Site" - the totality of software and information tools posted on the Internet at viled.kz, as well as the "VILED" mobile application, belonging to the Site Administration and intended for the remote sale of Goods, as well as for providing Users with information about the Goods, their characteristics, price, terms of payment, delivery and return, and ensuring the possibility of concluding retail sale and purchase agreements between the Site Administration and Users.
"Goods" - the list of assortment items presented on the viled.kz website and/or in the "VILED" mobile application.
"Order" - a duly executed expression of will by the User on the Site aimed at purchasing one or more Goods on the terms (name, quantity, price) specified in the relevant Goods card at the time of placing the order. Confirmation of the Order by the Site Administration means the conclusion of a sale and purchase agreement in respect of such Goods.
"Electronic Agreement" - an agreement between the Site Administration and the User, concluded by the User's acceptance of the terms of the Offer posted on the Site, including by the User performing actions to fulfil the terms of the Offer (in particular, registration, marking agreement with the terms of the Offer, selecting the Goods and paying for it), in accordance with paragraph 1-1 of Article 152 and paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan, and having legal force equal to the force of an agreement concluded in written form on paper.
"CLP" - the "MY VILED CLUB" customer loyalty program posted on the Site, which allows its participants to gain access to special discounts, bonuses and offers, exclusive events, participation in Campaigns and prize draws, as well as other privileges provided for by the CLP (hereinafter - the "Privileges").
"Personal Data Operator" - the Site Administration, carrying out activities for the collection, processing and protection of personal data of Users - individuals, in the manner established by the Law of the Republic of Kazakhstan dated May 21, 2013 No.94-V "On Personal Data and Their Protection".
"Campaign" - an advertising event held by the Site Administration on a regular or one-time basis for the purposes of stimulating sales, as well as encouraging and expressing gratitude to regular customers, accompanied by a prize draw among Users registered on the Site and/or in the "VILED" mobile application and who are participants of the CLP, who have made a Qualifying Purchase and/or fulfilled other participation conditions established by the rules of the specific Campaign.
"Campaign Participant" - a User - an individual, registered on the Site and/or in the "VILED" mobile application, who is a participant of the CLP and has fulfilled the participation conditions in a specific Campaign, established by the rules of such Campaign and this Agreement.
"Qualifying Purchase" - the purchase of Goods on the Site or at retail outlets belonging to or used by the Site Administration, for an amount and on terms established by the rules of the specific Campaign. Making a Qualifying Purchase gives the User the right to participate in the relevant Campaign. The User must make the Qualifying Purchase for the amount specified by the rules of the specific Campaign with a single fiscal receipt; upon fulfilment of this condition, the User automatically becomes a Participant of such Campaign.
"Prize" - Goods, the right of access to an event (in particular, formalized by a ticket), or other incentive, transferred by the Site Administration to the Campaign Participant based on the results of the draw on the terms of the rules of the specific Campaign.
APPLICABLE REGULATORY LEGAL ACTS:
1. The Civil Code of the Republic of Kazakhstan (General Part) dated December 27, 1994 No.268-XIII and the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999 No. 409-I (hereinafter - the "CC RK").
2. The Law of the Republic of Kazakhstan dated May 4, 2010 No.274-IV "On Protection of Consumer Rights" (hereinafter - the "Law on Protection of Consumer Rights").
3. The Law of the Republic of Kazakhstan dated May 21, 2013 No.94-V "On Personal Data and Their Protection" (hereinafter - the "Law on Personal Data").
4. The Law of the Republic of Kazakhstan dated April 12, 2004 No.544-II "On Regulation of Trading Activities" (hereinafter - the "Law on Regulation of Trading Activities").
5. The Law of the Republic of Kazakhstan dated July 26, 2016 No.11-VI "On Payments and Payment Systems" (hereinafter - the "Law on Payments and Payment Systems").
6. The Law of the Republic of Kazakhstan dated August 28, 2009 No.191-IV "On Combating the Legalization (Laundering) of Proceeds Obtained by Illegal Means, Financing of Terrorism and Financing the Proliferation of Weapons of Mass Destruction" (hereinafter - the "Law on Combating the Legalization of Proceeds").
7. The Law of the Republic of Kazakhstan dated July 11, 1997 No.151-I "On Languages in the Republic of Kazakhstan" (hereinafter - the "Law on Languages").
1. GENERAL PROVISIONS
1.1. This Agreement is a public offer of the Site Administration containing the material terms of use of the Site by the User.
1.2. Use of the Site, including viewing it, searching for information, and using the functional capabilities of the Site, is possible only subject to full and unconditional acceptance of the terms of this Offer (acceptance) in the form established by this Agreement.
1.3. In case of disagreement with the terms of the Agreement, the User must immediately stop using the Site.
1.4. The following actions of the User shall be deemed acceptance of the Agreement:
1.4.1. the User's completion of registration on the Site;
1.4.2. the User marking agreement with the terms of the Public Offer during registration on the Site;
1.4.3. for a User registered on the Site prior to the effective date of the current version of this Agreement, or who did not mark the box specified in subparagraph 1.4.2 of this paragraph - acceptance shall be deemed to be the placing of an Order on the Site and/or further use of the Site after the publication of the current version of the Agreement.
1.5. Familiarization with the Site without registration and without placing an Order does not constitute acceptance and does not create any contractual obligations between the User and the Site Administration.
1.6. In the event of registration on the Site or placing an Order on behalf of a legal entity, such actions shall be performed by an authorized representative of such legal entity, acting on the basis of constituent documents, a power of attorney, or another document confirming his/her authority. Responsibility for verifying the authority of such representative and for the accuracy of the information provided by him/her shall be borne by the relevant legal entity - the User.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. Under the terms of the Agreement, the Site Administration provides the User with free access to the Site and its functional capabilities, and the User undertakes to use the Site in accordance with the terms of the Agreement. The User's purchase of Goods is carried out on a paid basis - at the price and on the terms specified in the card of the relevant Goods on the Site at the time of placing the Order.
2.2. The material terms of the sale and purchase agreement for the Goods concluded between the Site Administration and the User when placing an Order are: the name and quantity of the Goods; the price of the Goods in tenge; the procedure and method of payment for the Goods; the period and method of delivery of the Goods. These terms are determined on the basis of information posted in the Goods card on the Site at the time of placing the Order, and are confirmed by the Site Administration upon acceptance of the Order for execution.
2.3. Title to the Goods, as well as the risk of its accidental loss or accidental damage, shall pass from the Site Administration to the User at the moment the Goods are transferred to the User or to the person specified by him/her.
2.4. Payment for the Goods is made by the User by a method chosen when placing the Order from among the methods available on the Site. The price of the Goods is indicated on the Site in the national currency of the Republic of Kazakhstan - tenge.
2.5. Delivery of the Goods is carried out throughout the entire territory of the Republic of Kazakhstan. Delivery periods are calculated in business days and do not include the day the Order is placed, as well as weekends and public holidays; if the User chooses payment for the Goods upon receipt, the delivery period is increased by 1 (one) business day. The cost of delivery, as well as the terms of self-pickup and free delivery, are indicated on the Site.
2.6. The delivery period for the Goods is indicated by the Site Administration when placing the Order, and the delivery method is chosen by the User from among the methods available on the Site when placing the Order. The agreed delivery period and method are indicated in the Order confirmation sent to the User.
2.7. Any bank cards supporting online payments are accepted for payment. After confirmation of the Order, the fiscal receipt is sent to the User at the email address specified by him/her and is stored in the User's Personal Account. The Order is transferred for delivery or self-pickup after it is assigned the status "Confirmed".
3. RIGHTS TO RESULTS OF INTELLECTUAL ACTIVITY
3.1. The User undertakes not to use the Site for commercial purposes without the prior written consent of the Administration, including not to carry out, using the Site, the collection, copying or automated extraction (parsing) of data on Goods, prices, assortment or other information posted on the Site, for the purpose of subsequent commercial use, resale, creation of competing services or other use in entrepreneurial activity; not to post on the Site and not to distribute through the Site advertising of goods, works or services of third parties; and not to use the functional capabilities of the Site as a channel for promoting or selling the User's own Goods, works or services.
3.2. All results of intellectual activity posted on the Site (including, but not limited to: images, photographs, texts, descriptions of Goods, design, elements of corporate identity, trademarks, program code and databases of the Site) are objects of intellectual property of the Site Administration and/or right holders of the relevant brands sold through the Site, and are protected by the legislation of the Republic of Kazakhstan on copyright and trademarks. The User is not granted any rights to use the said objects, except for the right to view them for purposes related to the purchase of Goods.
4. SPECIAL CONDITIONS
4.1. The Site Administration has the right to accrue points to the User for purchases in the manner and on the terms established by the CLP posted on the Site. The User's participation in the CLP and the granting of Privileges to him/her by the Site Administration are a right of the Parties; the procedure and conditions of such participation are determined by the CLP.
4.2. In the event of obvious technical failures leading to incorrect display of the price, the Administration reserves the right to cancel the Order with mandatory refund of funds, regardless of the stage of payment. Obvious errors mean cases in which the price of the Goods is more than 2 times lower or more than 2 times higher than the average market value of similar Goods, and/or does not correspond to the characteristics described in the card.
4.3. The Site Administration guarantees and warrants that the Goods sold through the Site are original products purchased from official manufacturers and/or authorized distributors of the relevant brands. Documents confirming the authenticity of the Goods (certificates, product passports, etc.), if included in the manufacturer's delivery set, are transferred to the User together with the Goods. This guarantee does not apply to Goods whose identification features (serial numbers, seals, tags, authenticity certificates) have been damaged, altered or removed after the Goods were transferred to the User.
4.4. The Site Administration has the right to establish a limit on the number of units of one Goods (in particular, Goods from limited collections) purchased by one User within a certain period. The Site Administration also has the right to refuse to place an Order or to cancel a placed Order if there are sufficient grounds to believe that the User is purchasing the Goods for the purpose of its further professional resale rather than for personal use, in particular: when several Orders for the same Goods are placed simultaneously in excess of the established limit, or in case of systematic purchase of the same Goods in a quantity clearly exceeding reasonable personal needs. The paid funds shall be refunded to the User no later than 15 (fifteen) business days from the moment of cancellation of the Order.
4.5. Images of Goods posted on the Site are informational in nature and may slightly differ from the actual appearance, color and texture of the Goods due to individual settings of the User's device screen. Such differences do not in themselves constitute a defect of the Goods and cannot serve as an independent ground for filing a claim regarding the quality of the Goods or for its return as Goods of inadequate quality.
4.6. When placing an Order with delivery outside the Republic of Kazakhstan, the obligation to pay customs duties, taxes and fees, as well as to comply with the requirements of the currency and customs legislation of the country of destination, shall be borne by the User, unless otherwise expressly indicated on the Site when placing such an Order. The Site Administration is not responsible for delivery delays caused by the actions of customs or other government authorities, and has the right to refuse delivery of the Goods to the country of destination if such delivery may entail a violation of applicable export control legislation or international sanctions.
4.7. In the event of payment for an Order using installment or other similar services provided by banks or other partner organizations, the User's relationship with such an organization is governed by a separate agreement between the User and the relevant organization; the Site Administration is not a party to such an agreement and is not responsible for its performance, including the consequences of the User's breach of obligations to such an organization.
4.8. The Site Administration has the right not to publish or to delete a review or comment about the Goods posted by the User containing false information, insults, profanity, personal data of third parties without their consent, or otherwise violating the legislation of the Republic of Kazakhstan. Posted reviews reflect the personal opinion of their authors, are not the position of the Site Administration, and the Site Administration is not responsible for their content, and is also not obliged to moderate them in advance.
4.9. If, at the time of placing the Order or after it is placed, there is no required quantity of the ordered Goods in stock at the Site Administration's warehouse, the Site Administration shall inform the User of this by electronic message or other method specified by the User when placing the Order. The User has the right to agree to accept the Goods in the quantity available or to cancel the relevant item of the Order. If the User's response is not received within 3 (three) calendar days from the date the message was sent, the Site Administration has the right to cancel this item of the Order, refunding the funds paid for it no later than 15 (fifteen) business days from the moment of cancellation.
4.10. If, during assembly, packaging or other execution of a paid Order, the Site Administration identifies a defect, damage or other non-conformity of the Goods previously unknown to the Site Administration, the Site Administration shall inform the User of this and has the right to cancel the relevant item of the Order, refunding the funds paid for it no later than 15 (fifteen) business days from the moment of cancellation.
4.11. Delivery of the Goods is an independent service not included in the composition of the Goods purchased by the User. The Site Administration's obligations regarding delivery are deemed fulfilled at the moment the Goods are transferred to the User or to the person specified by him/her. Claims relating to defects in the Goods itself, discovered after its receipt, are considered in accordance with the legislation of the Republic of Kazakhstan and this Agreement.
4.12. The Site Administration has the right to engage third parties (including delivery services, logistics and courier companies) to fulfil obligations under this Agreement, while remaining liable to the User for the fulfilment of such obligations, unless expressly otherwise provided by the legislation of the Republic of Kazakhstan.
4.13. Upon receipt of the Order, the User (or the recipient specified by him/her) must inspect the integrity of the packaging in the presence of the person carrying out the delivery. In the absence of claims regarding the integrity of the packaging, the recipient confirms receipt of the Order in the document provided upon delivery (delivery form or other similar document). In case of a breach of the integrity of the packaging or non-conformity of the Goods with the declared quantity, assortment or completeness, the recipient must draw up a corresponding report in the presence of the person carrying out the delivery, and immediately contact the Site Administration using the contact details specified in the preamble of this Agreement.
4.14. The Site Administration has the right to allow a delay in the delivery of the Order in exceptional cases beyond the control of the Site Administration (including unforeseen circumstances, restrictions on the part of transport and logistics organizations); in this case, the Site Administration makes efforts to deliver the Order as quickly as possible and is not liable for such delay.
4.15. The Order may be received only by the User or by a trusted person specified by the User when placing the Order. When placing an Order with advance payment, the person carrying out the delivery has the right to request from the recipient an identity document to confirm the right to receive the Order.
4.16. Until the Goods are transferred to the User or to the person specified by him/her, responsibility for the safekeeping of the Order shall be borne by the Site Administration. In the event of confirmed loss of the Order in the course of delivery, the Site Administration shall reimburse the User the full cost of the Goods and the cost of delivery.
4.17. The waiting time of the person carrying out the delivery at the address of receipt of the Order shall not exceed 15 (fifteen) minutes.
4.18. The User has the right to refuse the Order at any time before its receipt, including after the Order has been handed over to the delivery service. In this case, the refund of the paid funds shall be made within 15 (fifteen) business days from the moment the Site Administration receives the returned Order.
4.19. When the User deletes the Personal Account, the order history, the list of favorite Goods, the contents of the cart, as well as bonuses accumulated within the framework of the CLP and other Privileges shall be lost.
5. RETURN, EXCHANGE AND VERIFICATION OF AUTHENTICITY OF GOODS
5.1. The exchange and return of Goods of adequate quality, as well as the replacement, return or repair of Goods of inadequate quality, shall be carried out in the manner and within the time limits established by the Law on Protection of Consumer Rights.
5.2. When returning or exchanging Goods, the User is obliged to provide a document confirming the fact of purchase of the Goods (or otherwise prove the fact of purchase from the Site Administration), as well as to ensure the preservation of the marketable condition of the Goods, its consumer properties, seals, factory labels, tags and, if available, documents confirming the authenticity of the Goods (certificates, product passports, warranty cards) - except in cases of return of Goods of inadequate quality.
5.3. The Site Administration has the right to carry out an inspection of the returned Goods, including verifying its individual features (serial and batch numbers, authenticity certificate numbers, engravings) against the features recorded by the Site Administration when the Goods were transferred to the User. If a discrepancy is found between the returned Goods and the Goods transferred to the User (including signs of substitution of the Goods), the Site Administration has the right to refuse to accept such Goods and to refund the funds, recording the said discrepancy in a report with photo and/or video evidence attached.
5.4. In the event of a dispute regarding the existence or cause of a defect in the Goods, the Site Administration has the right to carry out a quality inspection and/or examination of the Goods in the manner established by the legislation of the Republic of Kazakhstan. The User has the right to participate in such an inspection (examination) personally or through a representative. The costs of the examination shall be allocated between the Parties in accordance with the rules established by the legislation of the Republic of Kazakhstan on the protection of consumer rights.
5.5. Refund of the funds paid for the Goods shall be made using the method by which the payment was made, unless another method is agreed with the User, within the time limits established by the legislation of the Republic of Kazakhstan.
5.6. Return of jewelry and watches is carried out exclusively in person at the Site Administration's boutique in the manner established on the Site.
5.7. Exchange of Goods through the Site is not carried out. If it is necessary to exchange Goods, the User shall arrange for the return of the purchased Goods in the manner established by this Section, and place a new Order for the selected Goods.
5.8. In the event of the Site Administration's refusal to accept the Goods for return on the grounds provided for in this Section, the Goods shall be sent back to the User at the address specified when placing the Order, at the expense of the Site Administration.
5.9. To arrange for the return of Goods, the User shall contact the Site Administration using the contact details indicated on the Site, state the reason for the return and, if any, the identified defects of the Goods, and shall also provide an identity document and a document confirming the fact of purchase and payment for the Goods.
6. PROMOTIONAL CAMPAIGNS AND PRIZE DRAWS
6.1. The Site Administration has the right to periodically and on a regular basis hold promotional Campaigns for the purpose of stimulating sales, as well as encouraging and expressing gratitude to regular customers, accompanied by a prize draw among Users.
6.2. The terms of a specific Campaign (date and time of the start of the Campaign, date and time of the end of the Campaign, period of holding, the amount of the Qualifying Purchase, the procedure for registering participants, the procedure and date of the draw, the composition and procedure for awarding the Prize, as well as other terms) are determined by separate rules of such Campaign, approved and published by the Site Administration on the Site and/or on a separate promotional resource.
6.3. This Section establishes the general terms applicable to all Campaigns; the rules of a specific Campaign may not contradict this Section and may not worsen the position of the Campaign Participant compared to it, and in the part not regulated by the rules of the specific Campaign, the provisions of this Section and this Agreement as a whole shall apply.
6.4. Participation in a Campaign is free of charge for the User; the Site Administration is not entitled to charge a Campaign Participant a separate fee for participation in addition to the cost of the Qualifying Purchase made by him/her. A Campaign is not a lottery, a game of chance or any other risk-based game within the meaning given to these concepts by the legislation of the Republic of Kazakhstan.
6.5. If the terms of a specific Campaign provide that the right to participate arises upon making a Qualifying Purchase for a certain amount, CLP bonuses used by the User towards payment for such a purchase may be credited towards the said amount in an amount not exceeding 50 (fifty) percent of the purchase amount, unless a different limit is established by the rules of the specific Campaign.
6.6. A User purchasing Goods using a gift certificate for the purchase of Goods (hereinafter - the "Certificate") has the right to participate in the Campaign, provided that the use of the Certificate (receipt of Goods against its face value) was made during the period of the relevant Campaign, and the value of the Goods thus purchased corresponds to the Qualifying Purchase threshold established by the rules of the specific Campaign. If the value of the Goods obtained using the Certificate exceeds the face value of the Certificate, and the difference is paid additionally by the User, the full value of the purchased Goods, including the face value of the Certificate and the amount paid in addition, shall be credited towards the amount of the Qualifying Purchase.
6.7. In the event of the return of Goods purchased by the User using a gift Certificate, the Site Administration, on the basis of Article 275 of the Civil Code of the Republic of Kazakhstan, has the right to request from the person applying for a refund document confirming that the payment for the Certificate was made by that particular person (payment documents, bank statement, receipt for payment of the Certificate). Upon presentation of such documents, the funds for the returned Goods shall be transferred as a beneficiary, within the meaning given to this term by the Law on Payments and Payment Systems, to the bank (settlement) account of the person who actually paid for the Certificate.
6.8. Return by the User of Goods purchased as a Qualifying Purchase:
6.8.1. if the User returns Goods (in whole or in part) before the winners of the relevant stage of the Campaign are determined, and the value of the remaining (non-cancelled) part of the purchase under the given fiscal receipt falls below the Qualifying Purchase threshold, the participation identifier assigned to such receipt in the Campaign (unique number, Campaign Participant's full name, or other identifier used in accordance with the rules of the specific Campaign) shall be cancelled, and the User shall be excluded from among the Campaign participants. If only part of the Goods under the receipt is subject to return, and the remaining purchase amount still corresponds to the participation threshold, the participation identifier shall remain in force;
6.8.2. if a User recognized as the winner of the Campaign subsequently returns Goods purchased as a Qualifying Purchase for participation in this Campaign before the Prize is awarded, the Site Administration has the right to refuse to award the Prize and to recognize such User as having forfeited the right to the Prize. The Prize shall not be transferred to the User in this case and shall remain at the disposal of the Site Administration. The return of the Goods itself shall be carried out on the general terms established by Section 5 of this Agreement;
6.8.3. if the return of Goods purchased as a Qualifying Purchase occurs after the Prize has been awarded to the winner, the Site Administration has the right to demand from the User the return of the received Prize. If the return of the Prize is not possible (including due to its use, loss, damage or expiration - for example, an event that has already taken place), the User shall reimburse the Site Administration the cost of acquiring the Prize. The return of the Goods itself, purchased as a Qualifying Purchase, shall be carried out on the general terms established by Section 5 of this Agreement. The amount to be reimbursed by the User for the Prize shall be set off by the Site Administration against the funds to be refunded to the User for such Goods, by way of set-off of counter homogeneous claims (in accordance with Article 370 of the Civil Code of the Republic of Kazakhstan).
6.9. Notification of the Campaign winner shall be carried out by the Site Administration's call center by means of a telephone call and an SMS message to the telephone number specified by the User in the Personal Account, within 48 (forty-eight) hours from the date the results of the Campaign are summed up. If the Campaign winner does not come forward and does not receive the Prize within the period established by the rules of the specific Campaign, and in the absence of such a period - within 2 (two) calendar days from the date of notification in accordance with this paragraph of the Agreement, the Participant shall be deemed to have forfeited the right to the Prize.
6.10. The cash equivalent of the Prize is not paid to the User, except in cases where the payment of the cash equivalent is expressly provided for by the rules of the specific Campaign.
6.11. The Prize is not subject to exchange for other Goods.
6.12. The Site Administration is not the organizer of the event to which access is granted as a Prize, and is not liable for the cancellation, postponement, change of program or other circumstances related to the organization of such event by third parties. No monetary compensation shall be paid to the User in connection with such circumstances.
6.13. Grounds for refusal of participation in a Campaign, cancellation of a Participant's participation identifier (unique number, Campaign Participant's full name or other identifier used in accordance with the rules of the specific Campaign), or recognition of a Participant as having forfeited the right to the Prize, in addition to cases expressly provided for by the rules of the specific Campaign, also include the provision by the Participant of false, incomplete data, or data belonging to another person.
6.14. The User has the right to make any number of independent purchases during the period of the Campaign. Each purchase that individually meets the Qualifying Purchase threshold established by the rules of the specific Campaign gives the User the right to receive a separate participation identifier for such purchase and one additional chance to win; the more confirmed purchases the User has, the higher the probability of winning. The User making several such purchases is not a ground for refusal of participation in the Campaign, cancellation of participation identifiers, or other restriction of the User's rights provided for in this Section of the Agreement.
6.15. Employees of the Site Administration, employees of organizations engaged to conduct the Campaign, as well as members of their families, shall not be admitted to participate in the Campaign, unless otherwise provided by the rules of the specific Campaign.
6.16. The same User may be recognized as the winner within one stage of the Campaign only once. If, as a result of the draw, the number determined by the random number generator corresponds to the participation identifier of a User already recognized as the winner of this stage of the Campaign, the draw in respect of such number shall be conducted again, live, until the participation identifier of another User is determined.
6.17. Identification of a Campaign Participant shall be carried out by the mobile phone number specified by the User during registration on the Site.
6.18. Goods purchased at a discount participate in the Campaign on general terms; the amount actually paid under the fiscal receipt after the application of the discount shall be credited towards the amount of the Qualifying Purchase.
6.19. The cost of repair, engraving, alteration, personalization and other services shall not be credited towards the amount of the Qualifying Purchase.
6.20. Purchases made on behalf of or in the interests of a legal entity, or on the basis of a separate agreement, do not participate in the Campaign.
7. LIABILITY OF THE PARTIES
7.1. The Site Administration is not liable for damage caused to the User as a result of improper use of Goods ordered on the Site.
7.2. The Parties shall be liable for non-performance or improper performance of obligations under this Agreement in accordance with the legislation of the Republic of Kazakhstan.
7.3. The User is responsible for the accuracy and sufficiency of the information provided when placing the Order.
7.4. The Site Administration reserves the right, at its discretion, to change or remove from the catalog Goods offered for sale in respect of which the User has not placed and confirmed an Order, as well as to change its price in respect of Goods for which an Order has not been placed, at any time without prior notice to the User. A change in the price of Goods in respect of which the User has already placed and confirmed an Order shall not be permitted after such confirmation, except for cases provided for in Clause 4.2 of the Agreement.
7.5. The Site Administration has the right to refuse the User registration, placement of an Order, or its execution, if the User (for an individual) or its beneficial owners or participants (for a legal entity) are included in sanctions lists established by the United Nations, the Republic of Kazakhstan or other states and organizations whose jurisdiction extends to the relevant transaction, and also if the execution of the Order may entail a violation of applicable export control legislation or international sanctions. The User represents and warrants that neither he/she personally (for an individual), nor its founders, shareholders, beneficial owners, or members of the governing bodies (for a legal entity) are persons in respect of whom asset freezing measures have been introduced, and are not included in sanctions lists or other restrictive measures established by competent authorities applicable to the relevant transaction.
7.6. The Parties undertake to comply with the Law on Combating the Legalization (Laundering) of Proceeds Obtained by Illegal Means, Financing of Terrorism and Financing the Proliferation of Weapons of Mass Destruction, as well as other applicable norms of the legislation of the Republic of Kazakhstan in this area. The User represents and warrants that, in connection with the performance of this Agreement, he/she has not offered, promised or transferred, directly or indirectly, to officials or other persons any funds, valuables or other benefits for the purpose of obtaining an improper advantage, and undertakes to promptly notify the Site Administration if it becomes aware of a violation of this Clause. In the presence of reasonable suspicions of a violation of this Clause or Clause 7.5 of the Agreement, the Site Administration has the right to suspend the execution of the Order pending completion of an inquiry, to conduct such inquiry independently or with the involvement of third parties, and, if the violation is confirmed, to refuse to execute the Order and/or unilaterally terminate service to such User without any penalty sanctions or claims for damages being applied to the Site Administration. The Parties recognize compliance with this Clause and Clause 7.5 as a material condition of the Agreement.
7.7. The Parties shall be released from liability for non-performance of obligations under this Agreement if it is caused by force majeure circumstances (war, natural disasters, acts of government authorities and the like) arising after the conclusion of the Agreement and beyond the control of the Parties. The Party invoking such circumstances shall be obliged to promptly notify the other Party thereof.
8. CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA
8.1. The Site Administration may request the User to provide personal information. The information provided is used exclusively for processing the Order in the online store or to provide the User with access to special information. The User may change, update or delete personal information.
8.2. When paying for an Order using credit cards, information about the card and its holder is transmitted in a protected form to the bank's authorization server and is not provided to the Site Administration or third parties. In this case, no confidential information, other than notification of payment, is transmitted to the Site Administration's online store.
8.3. By accepting the terms of this Agreement, the User, in accordance with the Law on Personal Data and Their Protection, acting freely, of his/her own will and in his/her own interest, expresses his/her consent to the collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (dissemination, provision, access), depersonalization, blocking and deletion of personal data, as well as the performance of other actions with the User's personal data, taking into account the legislation of the Republic of Kazakhstan.
8.4. The Site Administration undertakes to take all necessary measures provided for by the legislation of the Republic of Kazakhstan to protect the User's personal data from unlawful access or disclosure.
9. LIMITATION OF LIABILITY
9.1. Since, under this Agreement, in respect of the purchase of Goods, the User is provided with paid services for the sale of Goods, the Law on Protection of Consumer Rights shall apply to the relevant relations between the User and the Administration.
9.2. The User agrees to receive advertising and informational messages from the Administration and its partners by means of the email address specified upon registration. The User has the right, at any time, to refuse to receive such messages by the method specified in the relevant message, or by sending a corresponding notice to the Site Administration.
9.3. The aggregate liability of the Site Administration to the User for obligations related to a specific Order is limited to the value of such Order, except for cases of compensation for harm caused to the life, health and/or property of the User (an individual) due to defects in the Goods, and other cases where the legislation of the Republic of Kazakhstan directly prohibits limitation of liability. The Site Administration does not compensate the User for lost profits and indirect losses, except in cases where such limitation is not permitted by the legislation of the Republic of Kazakhstan on the protection of consumer rights.
10. DISAGREEMENTS AND DISPUTES
10.1. This Agreement shall be governed by and construed in accordance with the legislation of the Republic of Kazakhstan. Matters not regulated by this Agreement shall be resolved in accordance with the legislation of the Republic of Kazakhstan.
10.2. In the event of any disputes or disagreements related to the performance of this Agreement, the Parties shall resolve them through negotiations, and if agreement is not reached, in judicial proceedings in accordance with the legislation of the Republic of Kazakhstan.
11. FINAL PROVISIONS
11.1. This Agreement shall be valid throughout the entire period of the User's use of the Site and may be terminated in respect of a specific User at his/her initiative (by ceasing to use the Site) or at the initiative of the Site Administration (by blocking the Personal Account for violation of the terms of the Agreement); in this case, termination does not affect the Offer itself, which continues to be valid in respect of other persons. In respect of each individual Order, this Agreement shall be valid until the Parties fully perform their obligations under such Order, or until it is terminated on the grounds provided for by the legislation of the Republic of Kazakhstan or this Agreement, and such termination does not release the Parties from obligations under Orders already placed.
11.2. The Site Administration has the right, at any time, unilaterally to change the terms of this Agreement by publishing a new version on the Site, which shall come into force from the moment of such publication, provided that such changes do not violate or restrict the rights of the User established by the legislation of the Republic of Kazakhstan. The User undertakes to independently and regularly monitor the current version of the Agreement; continued use of the Site after the new version comes into force shall mean the User's agreement with the amended terms.
11.3. This Agreement is concluded in electronic form by the User's acceptance of the terms of this Offer by the methods provided for in Clause 1.4 of the Agreement, without the Parties drawing up and signing a single document on paper. In accordance with paragraph 1-1 of Article 152 of the Civil Code of the Republic of Kazakhstan, the written form of a transaction may be executed in electronic form; the exchange of electronic documents and electronic messages defining the subjects and content of their expression of will is equivalent to the conclusion of a transaction in written form. This Agreement and its acceptance by the User in electronic form shall have legal force equal to the force of an agreement concluded in written form on paper.
11.4. Liability measures not provided for by this Agreement shall be applied by the Parties in accordance with the legislation of the Republic of Kazakhstan.
11.5. Recognition by a Court of any individual provision of this Agreement as invalid shall not entail the invalidity of the remaining provisions thereof, which shall remain in full force and effect.
11.6. This Agreement is posted on the Site in Kazakh, Russian and English. In accordance with Article 5 of the Law on Languages, the Russian language is officially used on an equal basis with the state Kazakh language. The Parties recognize the text of this Agreement in Russian as the controlling text for purposes of interpretation; in the event of discrepancies between the texts, the text in Russian shall prevail.
Site Administration Details
LLP "VILED FASHION" (VILED FASHION)
BIN 090740001544
Legal address: Republic of Kazakhstan, city of Almaty, 050059, Samal-2 microdistrict, house 67.
Tel.: +7 (700) 000 27 27