Basic definitions

Purchaser shall mean an individual (legal entity) registered at the web-site of the Internet shop and entered into the Sale and Purchase Agreement, with providing for this purpose the Seller with personal data (surname, name, patronymic, E-mail, mobile phone, mail address/population centre, date of birth, sex, etc.) that can be used to make the Orders time and time again. This information is provided at the time of registration on the web-site www.aurakaz.com.
Seller – IE Berner O.S., bldg. 152K-44, Radostovets St., Almaty City, 050000, Republic of Kazakhstan.
Internet-shop means a web-site, which is owned by the Seller, on which the Purchaser can review the goods sold by the Seller, their description and prices, choose particular goods, method of payment for and delivery of the goods, and make an Order. The Internet-shop is in the Internet at: www.aurakaz.com.
Goods mean an item to be sold and purchased, which is not seized and not limited in civil transactions, offered for sale at the Internet-shop by posting in a relevant section of the Internet-shop. Only the goods marked at the Internet-shop as the goods with a status ‘BUY’ can be the items to be purchased and sold.
Order means a registered request of the Purchaser to purchase and deliver the Goods chosen at the Internet-shop to address stated in a request made through the Internet.
Personal account means the section of the Internet-shop available for a user after registration through which the latter manages its account.
Place of performance of the Agreement means a place (address) stated by the Purchaser at which the goods shall be delivered.
Carrier means a legal entity or an individual entrepreneur assumed under a delivery contract an obligation to deliver the goods entrusted to it by a forwarder, from a point of departure to a point of destination, as well as to deliver the goods to a recipient.

3. Status of the Purchaser

3.1. The Purchaser shall be liable for reliability of the information provided when placing an order and absence of any claims for it from third persons. To make an order or to enable to correctly choose the goods, to clarify the methods of payment and delivery of the goods, to receive answers to other possible questions (comments, proposals, feedback, etc.), the Purchaser is required to provide the information about its name, contact telephone number and e-mail. By providing the above-mentioned information, the Purchaser gives its consent to use that information for the following purposes:
- to contact the Purchaser in order to perform this Offer Agreement;
- to disseminate the information about sales promotions of the Internet-shop www.aurakaz.com; and
- for other purposes specified in the Seller’s Confidentiality Policy.
3.2. The Purchaser shall acknowledge its acceptance of the terms and conditions specified in this Agreement by ticking the field ‘I accept the Terms and Conditions of the Sale and Purchase Agreement’ when making an order.

4. Registration on the web-site

4.1. To register on the web-site one shall click the button ‘Enter/Register’ and complete personal details, or make an order by completing details in a questionnaire.

4.2. The Seller shall not be liable for accuracy and correctness of the information provided by the Purchaser at the time of registration.

4.3. The Purchaser undertakes not to disclose to third persons a login and password stated by the Purchaser at the time of the registration. In case the Purchaser has suspicions regarding safety of its login and password or unauthorized use thereof by third persons, the Purchaser undertakes to immediately notify the Seller, having sent a respective e-mail from the personal account or an electronic message to the address stated on the web-site.

5. Procedure for purchasing the goods

5.1. The Purchaser shall be entitled to order at its sole discretion any goods presented at the Internet-shop. Every good can be ordered in any quantity. The exceptions from the mentioned regulation are specified in a description for every good in the event of promotions or recall of the goods, etc.
5.2. When making an order, the Purchaser shall be obliged to provide the information about it, in particular:
- full name of the Purchaser of the goods;
- address of delivery of the goods; and
- contact telephone and e-mail of the Purchaser of the goods.
5.3. An Order shall be made through one's individual effort on the web-site or by telephone. The details for making an order through the web-site are described in the section ‘To Order the Goods’.
5.4. In making an Order by telephone, the Purchaser shall confirm that it has reviewed the Agreement of Goods Sale and Purchase through the Internet-shop and provides the Seller with the information necessary to make an Order.
5.5. In making an Order through the Internet, the Purchaser shall complete an electronic form of an Order for the Goods and send a prepared Order to the Seller through the Internet.
5.6. An Order made by the Purchaser and further transfer thereof for execution shall mean the Purchaser’s sufficient and full review of the goods and the information concerning price, availability or absence of discounts on the goods.
5.7. After an order is registered, the Seller shall contact the Purchaser by telephone or send to e-mail of the Purchaser a confirmation of receipt of an order and an invoice stating description, size, price of chosen goods, quantity and total amount of an order, which shall be an integral part of this agreement.
5.8. In case of absence of ordered goods in a warehouse, the Seller shall be entitled to exclude the listed goods from the Purchaser’s Order and to notify the Purchaser by sending an electronic message to address stated when the Purchaser made an Order or by calling by telephone.
5.9. The ordered goods shall be delivered to the Purchaser by agreement with the Purchaser with meeting the terms and in the manners as specified in publication on the web-site to an address stated by the Purchaser. Upon receipt of the goods, the Purchaser is required to present an identifying document. If a recipient of the Order is a legal entity, a duly executed power of attorney issued by an organization is required to be presented to receive the goods.
5.10. When making an order, for the avoidance of adverse consequences of provision of incorrect details resulting in the Seller’s inability to properly fulfil the obligations, the Purchaser shall acknowledge that he/she is over 18. The Purchaser shall bear a risk of performance of its obligations to the Seller.
5.11. The Purchaser can review a status of an order at any time on its personal account available on the web-site.
5.12. The Seller reserves the right to cancel or reject an order placed by the Purchaser, in case it has a dispute with the latter concerning the previous order, or in case the Seller reasonably considers that such a customer violated the Sale and Purchase Agreement or the Seller has legitimate grounds to suspect that the Purchaser is involved in a fraud.

6. Information about the goods

6.1. The goods are presented on the web-site in the form of photos that are property of the Internet-shop.
6.2. All information materials presented at the Internet-shop are indicative and cannot fully provide the information about properties and characteristics of the goods, including colours, sizes and forms. Each photo shall be accompanied with the text information: product name, price and description of the goods, and can contain clerical mistakes. Due to different technical characteristics of the monitors, characteristics and appearance of the goods can insignificantly differ from those presented on the web-site.
6.3. In case the Purchaser has the questions to clarify the information relating to properties and characteristics of the goods, the Purchaser shall apply to the Seller, before making an order, through the Customer Support Service or by the ‘hot line’ telephone stated on the web-site. At request of the Purchaser, the Seller shall provide through e-mail the other information necessary and sufficient, in the opinion of the Purchaser, to enable it to make a decision on purchase of the goods.
6.4. There all necessary quality certificates and safety and health certificates for all goods sold at the Internet-shop.
6.5. The Seller reserves the right to change at any time and without a prior notice the goods offered for sale on the web-site, as well as the prices for them.
6.6. The goods offers remain in force until they are visible on the web-site providing availability in a warehouse.
6.7. If the goods become unavailable after the Purchaser has made an order, the Seller shall inform the Purchaser as soon as possible, having sent it an electronic message in which the Purchaser can either choose the other goods that are available, or cancel its order. If the Purchaser decides in this event to cancel its order, the Seller shall refund to a bank account of the Purchaser an amount debited for those goods.

7. Price and payment for the goods

7.1. The price for the goods is stated in the price lists posted on the web-site. In case the Seller incorrectly states a price for the goods ordered by the Purchaser, at the earliest possible opportunity the Seller shall inform the Purchaser to confirm or cancel the Order. In the case it is impossible to contact the Purchaser, that Order shall be deemed cancelled.
7.2. The Seller can unilaterally change the price for the goods on the web-site. In addition, the price for the goods ordered by the Purchaser and confirmed by the Seller shall not be changed.
7.3. The Purchaser shall pay for the Order in the form it chooses currency.
7.4. The payment shall be made in the manners specified below:
7.4.1. for cash to be paid to a representative of the delivery service of the Seller/Carrier;
7.4.2. by cashless settlement to a bank account of the Seller (for legal entities);
7.4.3. using a credit card when receiving an Order through a mobile banking terminal. The plastic cards of the payment systems VISA, VISA Electron, Euroсard/MasterCard, and MasterCard Electron are accepted for payment. The payment is accepted from a card holder only. The Goods shall be ordered by a card holder. Upon delivery of the goods, a card holder shall be obliged to be present in person, to submit a card, as well as an identifying document;
7.4.4. In accordance with Resolution of the Management Board of the National Bank of the Republic of Kazakhstan No.331 ‘On approval of the Instruction on issue and use of payment cards’ dated 24 August 2000, the transactions with payment cards are made by a card holder.
7.4.6. The transactions on bank cards are authorized by a bank. If a bank has the grounds to believe that an operation is fraudulent, then a bank shall be entitled to reject that transaction.
7.5. The cost of the services provided to the Purchaser by the Seller when purchasing the goods at the Internet-shop is indicated in the section ‘Delivery’.
7.6. When paying for the goods using bank cards and in case of legal and reasonable claim from the Purchaser for refunding the money, it can be refunded only to that card from which payment has been made.
7.7. The Seller shall be entitled to grant, at any time and at its discretion, the discounts to the Purchaser on the goods, to determine the bonus and promotion programs. The types, conditions, procedure for granting discounts, bonuses, and promotions shall be publicly published on the web-site (at the Internet-shop) of the Seller and can be unilaterally changed by the Seller.

8. Delivery of the goods

8.1. The methods, as well as approximate terms of delivery of the goods are indicated on the web-site in the section ‘Delivery’. When making an order, an ‘expected delivery date’ shall be indicated (a date shall be stated for information only).
8.2. The goods presented on the web-site shall be delivered all over the world.
8.3. Delays in delivery can occur due to extraordinary and unavoidable circumstances.
8.4. Upon delivery the goods shall be handled to the Purchaser indicated in the Order as a recipient (hereinafter the Purchaser is referred to as the “Recipient”). In the case the goods paid in cash cannot be received, the goods can be handled to a person, who can provide information about the Order (dispatch number and (or) full name of the Recipient), as well as pay in full the cost of the Order to a person delivering the Order. In the event of payment using a credit card through the Internet (on-line payment), a card holder shall be obliged to receive the goods in person with submitting a card, or a person stated in the Order form. Likewise, in the event the goods are delivered to the Purchaser indicated in the Order form, but that Purchaser is absent, a person delivering the Order shall be entitled to leave the goods to an authorized person of the Purchaser with indicating in a delivery note the full name of a person received the Order.
8.5. For the avoidance of fraud, as well as to discharge the assumed obligations specified in this Agreement, in handling the goods a person delivering them shall be entitled to request for an identifying document of the Recipient, as well as to indicate on a receipt to the Order a type and number of a document presented by the Recipient. The Seller guarantees confidentiality and protection of personal data of the Recipient.
8.6. A title to the goods shall pass to the Recipient upon handling of the goods and payment of full cost of the goods by the latter.
8.7. A risk of accidental loss of or accidental damage to the goods shall pass to the Recipient at the moment the goods are handled to it and the Order Recipient signs the documents confirming delivery thereof. In case of failure to deliver the goods, the Seller shall indemnify in full the Recipient for the cost of the Order paid by the Recipient in advance and the costs of delivery after the Delivery Service confirms that the goods are lost or returned to a warehouse of the Seller.
8.8. The cost of delivery of each Order shall be calculated on a case-by-case basis by reference to a region and method of delivery; and it shall be stated on the web-site at the last stage of the Order making, or by telephone.
8.9. The Order shall be deemed executed as far as the goods indicated in the Order are actually handled to the Purchaser, based on accompanying documents for the goods issued by the Seller’s delivery service and signed by the Purchaser.
8.10. The Purchaser can receive its goods through its individual effort at the collection points indicated on the web-site, with presenting its identifying document, and:
8.10.1. in the event of payment using a credit card through the Internet (on-line payment), with submitting to the Seller a confirmation of made payment, stating a number and date of the Order (the Recipient can obtain this information through the ‘hot line’ telephone);
8.10.2. when paying cash at the collection point or using a credit card, indicating a number and date of the Order.
8.11. When accepting the Order, the Purchaser shall be obliged:
8.11.1. to examine them for existence of external damage of package;
8.11.2. to open the secondary package in the presence of a representative of the delivery service/a representative of the Seller (at the collection point) in order to examine integrity of the contents, to examine the goods for integrity of their individual package and existence of external damages thereto; to verify product mix, quantity of the Goods for conformance to the data specified in an accompanying document;
8.11.3. if the Order conforms to details specified in the shipping documents and there are no external damages to package and goods, to sign accompanying documents and to pay for the Order (in the event 100% advance payment has not been made). A signature on the shipping documents evidence that the Purchaser does not have any claims for the goods and the Seller has fully and duly discharged its obligation to handle the goods;
8.11.4. In case of receipt of the goods of poor quality, damaged goods or goods not conforming to the order, the Purchaser shall be entitled to refuse to accept them in full or in part whereof 3 copies of a respective report on revealed non-conformities shall be signed by a representative delivered them. The Report on revealed non-conformities shall describe all damages to package of the goods, visual damages to the goods and (or) incompleteness thereof, and (or) non-conformity of the product mix. One copy of the Acceptance Certificate shall be kept by the Purchaser, two copies – a representative of the delivery service/a representative of the Seller (at the collection point). Following this, a representative of the delivery service/a representative of the Seller (at the collection point) shall take the goods to subsequently replace them.
8.11.5. In case of claims (if the Purchaser pays 100% on-line, the Recipient shall be obliged to attach to the Non-conformities Report:
• an application for refund of money; and
• a copy of a receipt of payment.
8.12. The Seller shall not be liable for late delivery of the order, in case this is through fault of the Purchaser, or as a result of unforeseen or insuperable circumstances of a delivering person, particularly natural disasters (force-majeure).
8.13. The expected dates of the goods delivery can be adjusted subject to a method of delivery chosen by the Purchaser and volume of the ordered goods, as well as conditions of courier services delivering the goods. The expected date of delivery of the order shall be informed to the Purchaser by e-mail.
8.14. A number to track the delivery of the order shall be given when confirming by e-mail a shipment of the order.
8.15. The cost of delivery of the goods under each order shall be calculated based on the weight of all ordered goods, address of the order delivery, and prices of a carrier.
8.16. The cost of delivery calculated when making an order shall be original. The final cost of delivery shall be stated after approval of the order.

9. Return of the goods

9.1. Return of the goods of proper quality.
9.1.1. The goods of proper quality can be returned or changed within fourteen calendar days, if they are not used, their marketable condition, consumer performance, seals, labels, and a document confirming purchase of the goods are kept.
9.2. Return of the goods of poor quality
9.2.1. The goods of poor quality are the goods with defects that could not be revealed at the time of acceptance of the goods (inherent defects/manufacturing defects). The received goods shall conform to description given on the web-site. Difference between elements of design or decoration and those stated on the web-site shall not be evidence of poor quality.
9.2.2. The product mix, quantity and appearance of the goods shall be examined by the Purchaser at the time of delivery of the goods as per the terms and conditions of this Agreement.
9.2.3. At the time of delivery of the goods, the Purchaser shall sign on shipping documents to confirm a complete set and lack of claims for quantity and appearance of the goods. After the goods are received, the claims for visual defects of the goods, their quantity, product mix, and marketable condition shall not be accepted; and the claims for quality shall be confirmed with a respective opinion of a competent organization.
9.2.4. In case the Goods of poor quality was handled to the Purchaser and the Seller did not stipulate otherwise in advance, the Purchaser shall be entitled to take the advantage of the provisions of article 30 of the RK Law No.274-IV ‘On protection of consumer rights’ dated 04.05.2010.
9.2.5. The claims for refund of a sum of money paid for the Goods shall be satisfied within 15 business days after a day on which a respective claim is made.
9.6. In case of replacement of the goods having defects with the goods of another mark (model, article), the Purchaser shall pay a difference between prices if the price for the goods to be replaced is less than the price for the replacing goods. In case the Purchaser refuses to make additional payment, the parties shall terminate the agreement, and a sum of money received for the goods shall be refunded to the Purchaser. If the price for the goods to be replaced is higher than the price for the replacing goods, a difference between prices shall be paid to the Purchaser. In the mentioned calculations, if the price for the goods to be replaced increases, their price at the moment of a claim shall apply; in case the price decreases - their price at the moment of purchase shall apply.
9.7. In case of a dispute of the reasons for defects in the goods, the Seller (goods producer) shall examine the goods. In the event the examination of the goods evidence that their defects resulted from the circumstances for which the Seller (goods producer) is not liable, the Purchaser shall be obliged to indemnify the Seller (goods producer) for expenses for examination, as well as related expenses for storage and transportation of the goods.

10. Rights and obligations of the parties

10.1. The Seller shall be obliged:
10.1.1. to supply the goods in accordance with the terms of an Order;
10.1.2. to guarantee conformance of the goods quality to the quality requirements for similar goods in the RK;
10.1.3. in case of change of a delivery term, to immediately inform the Purchaser about a change of delivery conditions in order to get a consent to the new conditions of the Order execution in full or in part. The Seller shall inform the Purchaser by telephone or e-mail stated by the Purchaser;
10.1.4. to notify the Purchaser of shipment of the order in the method of delivery chosen by the Purchaser, by e-mail stated by the Purchaser, and to state a number to track an order in the method of delivery chosen by the Purchaser;
10.1.5. to consider the claims in accordance with the terms and conditions of this Agreement and to take measures to satisfy the same; and
10.1.6. to refund money, in case the Purchaser notifies within a day of shortage of the goods or their non-marketable condition.
10.2. The Seller shall have the right:
10.2.1. to propose to replace the goods with ones having similar characteristics, in case of absence of the Goods ordered by the Purchaser;
10.2.3. to involve third persons to perform this Agreement; and
10.2.4. to charge 100% advance payment for execution of an order, in case the Purchaser rejected the previous order, without notifying the Seller and paying transportation expenses incurred by the Seller.
10.3. The Purchaser shall be obliged:
10.3.1. when making an order, indicate exact name of required Goods or all details necessary to exactly specify required Goods (colour, design style). In the event an Order is made at own discretion, to bear liability for selecting the Goods as per catalogues of a producer of those Goods;
10.3.2. to pay for the Goods as per the Orders, within the terms and at a price stated therein;
10.3.3. upon receipt of the Goods, the Purchaser shall be obliged to verify quantity, complete set, product mix under the Order. In case of a shortage or improper appearance of a package or the Goods, to notify the Seller within one day; and
10.3.4. to pay transportation expenses for delivery of the order, in case the Purchaser rejected the order after a notification of shipment.
10.4. The Purchaser shall have the right:
10.4.1. The Purchaser shall be entitled to edit registration information about it. The Seller shall not change or edict the registration information about the Purchaser without consent of the latter, and the Seller undertakes not to disclose obtained registration information about the Purchaser to the persons not engaged in execution of the Order;
10.4.1. to demand to refund an advance payment in case the Seller cannot comply with the terms and conditions of the Order;
10.4.2. to amend the Order before the Seller proceeds to execution thereof;
10.4.3. to refuse to replace the goods as proposed by the Seller, if the ordered goods is lacking in a warehouse; and
10.4.3. to repudiate the agreement before the goods are handled to it or before the Goods are shipped to an address of delivery.

11. Responsibility of the parties

11.1. The Parties shall bear responsibility in accordance with the RK legislation.
11.2. The Seller shall not bear responsibility for damage caused to the Purchaser due to its improper use of the goods ordered at the Internet-shop.
11.3. The Parties shall be exempted from responsibility for failure to fulfil or improper fulfilment of obligations under the Agreement for a period of effect of a force-majeure.
11.4. The material liability of the Seller for indemnification for losses is limited to the cost of ordered unit of the goods stated in the Order.
11.5. The Seller shall not bear responsibility for contents and functioning of third-party web-sites and search systems, as well as other force-majeure circumstances beyond control of the Seller.

12. Copyright

12.1. The Seller’s web-site is copyrighted. All materials posted on the web-site, including trademarks, texts, photos, pictures, logos, images, emblems, charts, etc. on that web-site, as well as software, shall be exclusive property of the Seller or its partners and suppliers. The Seller shall have the exclusive rights to use the intellectual properties used at the time of creation of that web-site or posted thereon. The Purchaser is permitted to copy or use all or a part of elements of the web-site for personal use only. It is strictly prohibited to copy or use the web-site contents for other purposes. Any use not stipulated above, including distribution, reproduction, import, translation, processing, without a prior written consent of the Seller shall be deemed an infringement of the exclusive rights of the Seller.

13. Applicable law

13.1. The legislation of the Republic of Kazakhstan shall apply to the relations between the Purchaser and the Seller.
13.2. If required, the Seller and the Purchaser shall be entitled to enter at any time into the Goods Sale and Purchase Agreement in the form of a written bilateral agreement consistent with the provisions of this offer.
13.3. This agreement shall become effective from a date on which the Purchaser accepts this offer and be valid until the Parties fulfil their obligations in full.
13.5. All disputes and disagreements arising when the Parties fulfil the obligations under this agreement shall be settled by negotiations. The procedure for extrajudicial settlement of disputes shall be binding. The claims shall be sent to the Seller. A period to consider a claim shall be 45 (Forty-five) calendar days. Consideration of the claims shall commence from a day following receipt of a claim. In case of failure to achieve an agreement, a dispute shall be referred to a court of general jurisdiction at location of the Seller.
13.6. The Seller shall be entitled to assign or transfer to third persons in any other manner its rights and obligations arising out of its relations with the Purchaser.
13.7. The Internet-shop and provided services can be unavailable for a time, in part or in full due to preventive maintenance or other works or for any other technical reasons. The Seller’s technical service shall have the right to perform from time to time required preventive maintenance or other works.
13.8. In case any provisions this Agreement is held invalid by a court, this shall not result in invalidity of the other provisions.

14. Confidential information

14.1. The personal data of the Purchaser shall be processed in accordance with the Law of the Republic of Kazakhstan No.94-V ‘On personal data and protection thereof’ dated 21 May 2013.
14.2. Upon registration on the web-site, the Purchaser shall provide the following information: Surname, Name, contact telephone number, e-mail address, and password to access to the web-site. The other necessary details also can be requested.
14.3. By providing its personal data to the Seller, the Purchaser agrees to have it processed by the Seller, particularly for the purposes of the Seller’s promotion of the goods and services, as well as to transfer personal data to third persons involved by the Purchaser to fulfil obligations to the Purchaser under this Agreement.
14.4. The Seller shall have the right to send the Purchaser information and advertising materials, including Web Push notices. The Purchaser shall be entitled to refuse to obtain advertising and other information without assigning any reasons for a refusal. The service messages informing the Purchaser about the order and stages of its processing shall be sent by default and cannot be ignored by the Purchaser.
14.5. The Seller shall not bear responsibility for the information publicly provided by the Purchaser on the web-site.
14.6. The Seller shall be entitled to record the telephone conversations with the Purchaser. At the same time, the Seller undertakes to prevent the attempts of unauthorized access to the information received in the course of telephone conversations, and (or) a transfer thereof to third persons not directly engaged in execution of the Orders, in accordance with the RK Law No.217-III ‘On informational support’ dated 11.01.2007.
14.7. The Seller undertakes to keep confidentiality of personal data of the Purchaser, to prevent attempts of unauthorized access and use of personal data of the Purchaser by third persons not directly engaged in execution of the Order. This obligation shall not extend to the persons having a right of access to the mentioned personal information in accordance with the effective legislation.

15. Force-majeure circumstances

15.1. The Parties shall be exempted from responsibility for failure to fulfil or improper fulfilment of obligations under the Agreement for a period of effect of a force-majeure. A force-majeure shall mean extraordinary circumstances that are insuperable under the given conditions, which circumstances prevent the Parties to fulfil their obligations under this Agreement. They include natural disasters (earthquakes, floods, etc.), social unrest (hostilities, state of emergency, major strikes, epidemics, etc.), prohibitive measures of the state bodies (interdiction of transportations, exchange restrictions, international trade sanctions, etc.). During that period, the Parties shall not have mutual claims, and each of the Parties shall assume its risk of consequences of the force-majeure circumstances