Public Offer Agreement of the Online Store

This agreement between the online store / and the user of the online store's services, hereinafter referred to as the “Buyer”, sets out the terms for purchasing goods through the online store's website / This offer agreement is effective as of 01 January 2020.

1.1. “Public Offer” (hereinafter the “Offer”) — a public proposal by the Seller, addressed to an indefinite range of persons, to conclude with the Seller a contract for the distance sale of goods (hereinafter the “Contract”) on the terms contained in this Offer, including all its Annexes.

1.2. “Seller” — the Seller's details are listed in the “Contacts” section

1.3. “Buyer” — any individual or legal entity that has accepted the terms of this offer in full and without exception (has accepted this offer) on the terms set out below and has placed an order in the Online Store.

1.4. “Registered Buyer” — a Buyer who has provided the Seller with their personal data by registering on the website, which the Seller may use to process the Buyer's Order.

1.5. “Website”  — /

1.6. “Online Store” — an online store selling mattresses, blankets, pillows, and sheets, as well as bedroom furniture and other related accessories listed on the website.

1.7. “Goods” — the object of sale offered for purchase by being listed in the relevant section of the Online Store.

1.8. “Order” — a request placed by the Buyer in the Online Store to purchase goods selected by the Buyer in the Online Store, submitted to the Seller via the Internet (an electronic form hosted on the Website) and/or placed by the Buyer by telephone.

1.9. “Carrier” — a third-party organization or sole proprietor providing services for delivering the Goods ordered by the Buyer from the point of departure to the destination and handing the goods over to the Buyer. The contract of carriage with the Carrier is concluded by the Buyer independently or by the Seller on the Buyer's instructions.

 

For the purposes of this offer, terms and definitions in the singular also refer to the same terms and definitions in the plural, and vice versa.

2.1.Almaty Mattress Factory LLP publishes this sale and purchase agreement, which constitutes a public offer agreement (proposal) addressed to individuals and legal entities in accordance with the Civil Code of the Republic of Kazakhstan (hereinafter the “Civil Code of the RK”).

2.2.This public offer (hereinafter the “Offer”) sets out all the essential terms of the contract between Almaty Mattress Factory LLP and the person who accepts the Offer.

2.3. This agreement is concluded between the Buyer and the online store at the moment the order is placed.

2.4. The Offer may be accepted by any individual or legal entity in the territory of the Republic of Kazakhstan intending to purchase the goods and/or services sold/provided by Almaty Mattress Factory LLP through the online store located at /

2.5.  The Buyer unconditionally accepts all the terms contained in the offer as a whole (i.e. in full and without exception).

2.6.  Upon acceptance of the terms of this agreement (i.e. the online store's public offer), the individual or legal entity accepting the offer becomes the Buyer. Acceptance is constituted by payment for the order in the amount and on the terms of this agreement.

2.7. The Offer, all its annexes, and all information about the goods/services of Almaty Mattress Factory LLP are published on the website /

3.1. The Online Store is the property of Almaty Mattress Factory LLP and is intended for organizing the distance sale of goods via the Internet.

3.2. The Online Store does not require the Buyer to take any special steps in order to use the online store's resources to browse goods, calculate a total, and place an order — such as registering or concluding an agreement on the use of the online store's resources.

3.3. The Online Store is not responsible for the content or accuracy of the information provided by the Buyer when placing an order.

3.4. The Online Store and the services it provides may be temporarily unavailable, in part or in full, due to maintenance or other work or for any other technical reasons. The Seller's technical service has the right to carry out necessary maintenance or other work from time to time, with or without prior notice to Buyers.

3.5. Should the Buyer have any questions or claims, they should contact the Seller by telephone or by any other available means. The parties will endeavour to resolve any disputes that arise through negotiation; if no agreement is reached, the dispute will be referred to a judicial authority in accordance with the applicable legislation of the Republic of Kazakhstan.

3.6. Should a court find any provision of this Agreement invalid, this shall not invalidate the remaining provisions.

4.1. The Buyer is responsible for the accuracy of the information provided when placing an order and for ensuring it is free from third-party claims.

4.2. The Buyer confirms their agreement to the terms set out in this Contract by ticking the “I accept the terms of the offer agreement” box when placing an order. Before concluding the Contract, the Buyer has read the terms of the Contract in full, understands all of its terms, and agrees to all of them.

4.3. Use of the online store's resources for browsing and selecting goods, as well as for placing an order, is free of charge for the Buyer.

4.4. The Goods are purchased by the Buyer exclusively for personal, family, and household needs unrelated to business activity.

5.1.  The Seller, on the basis of the Buyer's orders and subject to advance payment, sells goods to the Buyer in accordance with the terms and at the prices established by the Seller in the offer and its annexes.

5.2. Delivery of goods ordered and paid for by the Buyer is carried out by the Seller or the Carrier. The Buyer has the right to collect the goods from the Seller's warehouse independently (pickup). When placing an order, the Buyer is given the choice of delivery method.

5.3.  The relationship between the Buyer and the Seller is governed by the provisions of the Civil Code of the RK on retail sale, the Law of the RK “On Consumer Rights Protection”, and other regulatory legal acts adopted in accordance with them.

5.4.  An individual or legal entity is deemed to have accepted all the terms of the offer (acceptance of the offer) and its annexes in full and without exception from the moment the funds paid for the goods are received in the Seller's settlement account (in the case of non-cash payment), or from the moment the funds paid for the goods are received in the settlement account of the payment system Operator (in the case of payment via payment systems), or from the moment cash is deposited at the Seller's cash desk in the manner provided for in Section 10 of the offer and on the terms established by the Seller in the annexes to the offer. Upon acceptance of the offer by one of the above methods, the individual is deemed to have concluded a contract with the Seller for the sale of the ordered goods and acquires the status of Buyer.

5.5. The Buyer is an individual or legal entity that has accepted the terms of the offer in full and without exception (has accepted the offer) in accordance with clause 4.4 of the offer.

5.6. The place of performance of the contract is the location (address) specified by the Buyer, to which the goods are delivered to the Buyer by the Seller; or the Seller's showroom or warehouse, if the Buyer declines delivery by the Seller (pickup); or the premises of the carrier with whom the Buyer has concluded a contract, in the case of delivery of the goods by the Carrier.

5.7. A Representative is an individual presenting a receipt or other document evidencing the conclusion of the contract. A representative of a legal entity must, in addition to the above documents, present a power of attorney for receipt of the goods and a passport.

5.8. A Carrier is a legal entity or sole proprietor that has undertaken, under a contract of carriage, to deliver the goods entrusted to it by the sender from the point of departure to the destination, and to hand the goods over to the recipient. The contract of carriage with the Carrier is concluded by the Buyer independently if the Buyer declines delivery of the goods by the Seller.

6.1. The Buyer may place an order independently on the online store's website, or through a manager by calling the telephone numbers listed on the website, on the terms of the Sale and Purchase Contract (the online store's public offer).

6.2. When placing an order in the online store, the Buyer must provide the following information about themselves:

- full name (for individuals) or full company name and BIN (for legal entities) of the Buyer of the Goods; - the delivery address for the Goods; - the contact telephone number and email address of the Buyer of the Goods.

6.3. The Buyer expresses their intent by entering the relevant data into the order form in the online store, or by submitting a request through the online store's manager or by email.

6.4. The online store does not edit information about the Buyer.

6.5. To receive a paper copy of the Sale and Purchase Contract, the Buyer sends a request by email or by telephone using the contact details listed on the website.

7. PRODUCT INFORMATION

7.1. The Goods are presented on the website through photo samples, which are the property of the online store.

7.2. Each photo sample is accompanied by text information: the name, size range (where applicable), price, and description of the goods.

7.3. All informational materials presented in the online store are for reference purposes. If the Buyer has questions regarding the properties and characteristics of the goods, the Buyer should contact the Seller by telephone at the numbers listed on the website before placing an order.

7.4. At the Buyer's request, the online store's manager must provide (by telephone or by email) any other information necessary and sufficient, from the Buyer's point of view, for the Buyer to make a purchasing decision.

7.5.  The Buyer is hereby notified that when purchasing goods at a discount granted on account of their defects, the Buyer forfeits the right to invoke those defects in the future.

7.6.  The Buyer is notified by the Seller that goods listed as separate line items on the invoice do not in any case constitute a set.

8.1. The Buyer may place an order for any goods presented in the online store. Any product may be ordered in any quantity. Exceptions to this rule are stated in the description of each product in the case of promotions, discontinuation of a product, and similar circumstances.

8.2. An order may be placed by the Buyer by calling the telephone numbers listed on the website, or placed independently on the website. Details of ordering through the website are described in the “For Buyers” section, under “How to place an order”.

8.3. After the order is placed, the Seller sends the Buyer an order confirmation and an invoice by email, stating the name, size, and price of the selected goods and the total order amount; the invoice forms an integral part of this contract. Payment of the invoice (in full or in part) by the Buyer constitutes the Buyer's confirmation that the order has been placed correctly.

8.4. If the goods are out of stock, the online store's manager must inform the Buyer of this (by telephone or by email).

8.5. The Buyer may place a pre-order for goods temporarily out of stock.

8.6. If the goods are unavailable, the Buyer may replace them with other goods or cancel the order.

8.7. The delivery period for the goods is stated on the Seller's website in the “Production Times” and “Payment and Delivery” sections and begins to run on the day following the Seller's receipt of notice of the Buyer's intention to purchase the goods on the terms proposed by the Seller.

9.1. Prices in the online store are stated in tenge per unit of goods. The price of the goods does not include the cost of delivery to the Buyer or other services of the Seller.

9.2. The price of goods stated on the website may be changed by the online store unilaterally; however, the price of goods already paid for by the Buyer is not subject to change.

9.3. The cost of services provided to the Buyer by the Seller when purchasing goods in the online store is stated in the “Payment and Delivery” section.

10.1. The methods and procedure for paying for the goods are stated on the website in the “Payment and Delivery” section. Where necessary, the procedure and terms of payment for the ordered goods are agreed between the Buyer and the online store's manager.

10.2. Non-cash payment is made against the issued invoice within three banking days of receipt of the invoice. Once the funds have been received in the Seller's account, the online store's manager agrees the delivery date with the Buyer. In the case of non-cash payment, the Buyer's obligation to pay the price of the goods is deemed fulfilled from the moment the relevant funds are credited to the settlement account specified by the Seller.

10.3. The Buyer pays for the order by any method offered in the online store. Payment for the Goods (in full or in part) may be made at the cash desk of Almaty Mattress Factory LLP.

10.4.  Settlements between the Parties when paying for the order are made in tenge.

11.1. The methods, procedure, and time frames for delivery of the goods are stated on the website in the “Payment and Delivery” section. The procedure and terms of delivery of the ordered goods are agreed between the Buyer and the online store's manager.

• Upon receiving notice of a placed order, the Seller confirms its receipt by telephone or by email to the Buyer and agrees the pickup date with the Buyer.

• The Buyer pays for (in the case of cash payment) and collects the order at the location of the Seller's warehouse. The addresses, contact details, and working hours of the warehouses are listed on the Seller's website in the “Where to Buy” section. In the case of non-cash payment, the Seller additionally confirms, by telephone or by email to the Buyer, that payment for the order has been credited to the Seller's settlement account, and only then agrees the pickup date with the Buyer.

• Title to the goods and the risk of accidental loss, destruction, or damage passes to the Buyer from the moment the goods are handed over to the Buyer or their Representative.

• Title to the goods and the risk of accidental loss, destruction, or damage passes to the Buyer from the moment the goods are handed over to the Buyer or the Representative.

• Delivery is carried out by generally accessible means — through the entrance door. Delivery of goods through windows, balconies, or openings other than doorways is not carried out. Goods are not carried up or into premises via spiral staircases or staircases without railings.

• Work (services) involving removing doors, clearing entrance passages, moving, assembling or disassembling the Buyer's existing furniture and other interior items, clearing space for assembly of the purchased Goods, and other similar work is not covered by this Contract.

• Work (services) not paid for and not ordered by the Buyer is not performed (not provided).

• The Buyer shall ensure proper conditions for acceptance of the Goods, including:

a. Ensuring their personal presence, or the presence of a Representative, at the place of performance of the Contract.

b. The goods are delivered to the Buyer's building entrance only provided there is unobstructed access for freight vehicles (clearance dimensions: width 2.5 metres, length 8 metres, height 3 metres) and the building is numbered. Entry of freight vehicles into a gated or secured area must be arranged by the Buyer with the security service in advance. The unloading point for the Goods must be no more than 15 metres from the building entrance.

c. Ensuring that doorway dimensions accommodate the dimensions of the Goods (the entrance and interior door openings in the premises must be at least 75 cm wide and at least 190 cm high).

d. Ensuring a clear passage of sufficient dimensions to the place where the goods will be positioned (the clear passage width inside the premises must be no less than 105 cm). Items obstructing the carrying of the Goods must be removed before delivery.

e. The Seller must be notified before the contract is concluded of any unsuitability of the technical characteristics of the premises, so that the feasibility of delivering the goods can be determined.

f. Clearing the necessary space in advance for the assembly and installation of the delivered goods.

• If the above conditions are not met, the Seller has the right to decide that shipment of the Goods to the address specified by the Buyer is not possible, and notifies the Buyer accordingly.

• If the Buyer fails to ensure proper acceptance of the goods, repeat delivery (necessitated through the Buyer's fault) is carried out within time frames agreed by the parties, at the Buyer's expense, on a prepayment basis in accordance with the Seller's rates.

• Title to the goods and the risk of accidental loss, destruction, or damage passes from the Seller to the Buyer or the Carrier (in accordance with the contract concluded between the Buyer and the Carrier) from the moment the goods are handed over to the Carrier, upon the Parties signing the delivery note and/or waybill and/or consignment note or other document evidencing the transfer of the goods to the Carrier.

• The obligation to hand the goods over to the Buyer, including under clause 11.4.1, is deemed fulfilled from the moment the goods are handed over to the Carrier.

• The delivery cost for each order is calculated based on the weight of all ordered goods, the delivery address, and the carrier's rates, and is paid by the Buyer to the Carrier directly. The delivery cost is not included in the price of the goods.

11.5. The Buyer must accept the goods by quantity and assortment at the time of acceptance.

11.6. Upon receiving the goods, the Buyer or Representative must, in the presence of a representative of the Seller or the Carrier, check that the goods received match the ordered goods by name, quantity, assortment, quality, and completeness.

11.7. Upon accepting the goods, the Buyer or Representative confirms with their signature on the goods receipt document that they have no claims regarding the appearance or completeness of the goods.

12.1. The warranty period for the goods is set by the manufacturer. The warranty period is stated on the product label. Additional warranty obligations are stated on the website in the “Warranty Obligations” section and in the annexes to this contract.

12.2. The warranty does not cover accessories (mattress toppers, pillows, covers, blankets, bed linen, etc.) or fittings, unless otherwise stated in the Annex to this contract.

12.3. The warranty does not cover goods with damage resulting from:

• the Buyer's violation of the operating rules and/or care recommendations for the goods,

• use of the goods for other than their intended purpose,

• actions aimed at damaging or destroying the goods, or force majeure events,

• nor does it cover goods with mechanical damage, signs of self-repair, or modifications to their construction.

13.1. The Buyer may refuse the goods at any time before they are handed over, and within seven days after the goods are handed over, in the manner and on the terms provided for by the Law “On Consumer Rights Protection”.

13.2. Goods of proper quality may be returned provided that their merchantable condition (packaging) and consumer properties are preserved, along with a document confirming the fact and terms of purchase of the goods in question. The buyer's lack of such a document does not deprive them of the opportunity to rely on other evidence of having purchased the goods from this seller.

13.3. The Buyer may not refuse goods of proper quality that have individually determined characteristics if the goods in question can be used exclusively by the Buyer purchasing them (including non-standard sizes (at the Buyer's request), fabric, etc.). Confirmation that an item has individually determined characteristics includes, but is not limited to, a difference between the dimensions of the goods and the dimensions listed in the online store. When a bed is purchased, the bed is made to the Buyer's individual order (fabric, fittings (if any)) and constitutes goods with individually determined characteristics.

13.4. Returns of goods, in the cases provided for by law and this Contract, are made at the addresses listed on the website in the “Where to Buy” section.

13.5. If the Buyer refuses goods of proper quality, the Seller refunds the amount paid under the contract, less the Seller's costs for transporting the returned goods back from the Buyer, no later than 10 days from the date the Buyer submits the corresponding demand.

13.6. If the refund is not made simultaneously with the return of the goods, the amount in question is refunded by the Seller by transfer to the Buyer's bank account.

13.7. The refund method specified in this clause may also be used by the Seller in other refund cases provided for by this contract and the legislation of the Republic of Kazakhstan.

14.1. The relationship between the Buyer and the Seller is governed by the legislation of the Republic of Kazakhstan.

14.2. Where necessary, the Seller and the Buyer may at any time execute the contract for the sale of goods in the form of a written bilateral agreement that does not contradict the provisions of this offer.

14.3. Should the Buyer have any questions or claims, they should contact the Customer Service Centre by telephone at +7 (727) 347 07 61 or by email:  info@mir-matrasov.kz

14.4. This contract enters into force on the date the Buyer accepts this offer and remains in effect until the Parties have fulfilled their obligations in full.

14.5. The online store reserves the right to expand and reduce the product range on the website, to regulate access to the purchase of any goods, and to suspend or discontinue the sale of any goods at its sole discretion.

Almaty Mattress Factory LLP

Registered address: Kaskelen, 6 Alimkulov Street

Actual address: 1B Mustay Karim Street

BIN: 160340016890

Email: info@mir-matrasov.kz