NewBrandsCatalogPromotions

PUBLIC OFFER

 

PREMIUM BEAUTY Limited Liability Partnership, hereinafter referred to as the “Site Administration”, on the one part, and

Individuals and legal entities – citizens of the Republic of Kazakhstan or foreign citizens (any of the said persons) intending to use and/or using the website www.cdv.kz (hereinafter, the “Site”), hereinafter referred to as the “User”, on 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” / the “Offer”) as follows:

 

 

TERMS AND DEFINITIONS:

“Offer” means 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 enter into this Agreement, which sets out the terms of use of the Site, the essential terms of purchase of Goods, the procedure for return and exchange of 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 programme, if any).

“Site Administration” means PREMIUM BEAUTY Limited Liability Partnership, BIN 160840000476, legal address: Republic of Kazakhstan, Almaty, 050059, Samal-2 microdistrict, building 67, established and operating under the laws of the Republic of Kazakhstan and carrying on business in the sale of perfume and cosmetic products (including eau de toilette, eau de parfum and cosmetic products), including by distance selling.

“User” means an individual or a 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 said persons) intending to use and/or using the Site and having entered into this Agreement with the Site Administration on the terms contained herein. Users include both individuals purchasing Goods for personal, family and household needs not related to business activities and legal entities using the Site for their own purposes; both categories are jointly referred to as the “User”. The provisions of Law of the Republic of Kazakhstan No. 274-IV dated 4 May 2010 “On Consumer Protection” and Law of the Republic of Kazakhstan No. 94-V dated 21 May 2013 “On Personal Data and Their Protection” apply to a User who is an individual to the extent that, by their subject matter, these laws apply to individuals, and do not apply to a User that is a legal entity, to which these laws do not apply by virtue of their subject matter.

“Acceptance” means the full and unconditional acceptance by the User of the terms of the Agreement.

“Site” means the set of software and information resources located on the Internet at www.cdv.kz, owned by the Site Administration and intended for the distance sale of Goods, for providing Users with information about Goods, their characteristics, price, terms of payment, delivery and return, and for enabling the conclusion of retail sale and purchase contracts between the Site Administration and Users.

“Goods” means perfume and cosmetic products (including eau de toilette, eau de parfum and cosmetic products), the names and range of which are presented on the Site.

“Order” means a duly completed expression of the User’s intention on the Site to purchase one or more Goods on the terms (name, quantity, price) specified in the relevant product card at the time the Order is placed. Confirmation of the Order by the Site Administration constitutes the conclusion of a sale and purchase contract in respect of such Goods.

“Electronic Contract” means a contract between the Site Administration and the User concluded by the User’s acceptance of the Offer published on the Site, including by the User performing actions to fulfil the terms of the Offer (in particular, registration, ticking the box confirming consent to the terms of the Offer, selecting and paying for Goods), 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 that of a contract concluded in writing on paper.

“LP” means the customer loyalty programme of the Site Administration, the terms of which are published on the Site (if any), giving its participants access to special discounts, bonuses and offers, exclusive events, participation in Promotions and prize draws, and other privileges provided by the LP (hereinafter, the “Privileges”).

“Personal Data Operator” means the Site Administration, which collects, processes and protects personal data of Users who are individuals in accordance with Law of the Republic of Kazakhstan No. 94-V dated 21 May 2013 “On Personal Data and Their Protection”.

“Promotion” means an advertising event held by the Site Administration on a regular or one-off basis to stimulate sales and to reward and thank regular customers, accompanied by a draw of a Prize (Prizes) among Users who have registered on the Site (and are LP participants, if so provided by the rules of the specific Promotion), have made a Qualifying Purchase and/or have fulfilled other participation conditions established by the rules of the specific Promotion.

“Promotion Participant” means a User who is an individual, has registered on the Site (is an LP participant, if so provided by the rules of the specific Promotion) and has fulfilled the conditions for participation in a specific Promotion established by the rules of such Promotion and this Agreement.

“Qualifying Purchase” means a purchase of Goods on the Site or at retail outlets owned or used by the Site Administration in the amount and on the terms established by the rules of the specific Promotion. Making a Qualifying Purchase entitles the User to participate in the relevant Promotion. The User must make the Qualifying Purchase for the amount specified in the rules of the specific Promotion under a single fiscal receipt; once this condition is met, the User automatically becomes a Participant of such Promotion.

“Prize” means Goods, a right of admission to an event (in particular, evidenced by a ticket) or another reward given by the Site Administration to a Promotion Participant based on the results of a draw on the terms of the rules of the specific Promotion.

 

 

APPLICABLE LEGISLATION:

1.  Civil Code of the Republic of Kazakhstan (General Part) No. 268-XIII dated 27 December 1994 and Civil Code of the Republic of Kazakhstan (Special Part) No. 409-I dated 1 July 1999 (hereinafter, the “Civil Code of the RK”).

2.  Law of the Republic of Kazakhstan No. 274-IV dated 4 May 2010 “On Consumer Protection” (hereinafter, the “Consumer Protection Law”).

3.  Law of the Republic of Kazakhstan No. 94-V dated 21 May 2013 “On Personal Data and Their Protection” (hereinafter, the “Personal Data Law”).

4.  Law of the Republic of Kazakhstan No. 544-II dated 12 April 2004 “On Regulation of Trade Activities” (hereinafter, the “Trade Activities Law”).

5.  Law of the Republic of Kazakhstan No. 11-VI dated 26 July 2016 “On Payments and Payment Systems” (hereinafter, the “Payments and Payment Systems Law”).

6.  Law of the Republic of Kazakhstan No. 191-IV dated 28 August 2009 “On Countering the Legalization (Laundering) of Proceeds of Crime, the Financing of Terrorism and the Financing of Proliferation of Weapons of Mass Destruction” (hereinafter, the “AML Law”).

7.  Law of the Republic of Kazakhstan No. 151-I dated 11 July 1997 “On Languages in the Republic of Kazakhstan” (hereinafter, the “Languages Law”).

 

1.                GENERAL PROVISIONS

1.1.            This Agreement is a public offer of the Site Administration containing the essential terms of use of the Site by the User, and a contract of adhesion within the meaning of Article 389 of the Civil Code of the Republic of Kazakhstan: the terms of the Agreement are set by the Site Administration in a standard form and may be accepted by the User only by adhering to the Agreement as a whole.

1.2.            Use of the Site, including browsing, searching for information and using the Site’s functionality, is possible only upon full and unconditional acceptance of the terms of this Offer in the form established by this Agreement.

1.3.            If the User does not agree with the terms of the Agreement, the User must immediately stop using the Site.

1.4.            The following actions of the User constitute Acceptance of the Agreement:

1.4.1.       registration of the User on the Site;

1.4.2.       ticking by the User of the box confirming consent to the terms of the Public Offer during registration on the Site;

1.4.3.       for a User who registered on the Site before the current version of this Agreement entered into force or who did not tick the box referred to in subparagraph 1.4.2 of this paragraph, placing an Order on the Site and/or further use of the Site after publication of the current version of the Agreement shall constitute acceptance.

1.5.            Browsing 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.            Where registration on the Site or placing an Order is carried out on behalf of a legal entity, such actions shall be performed by an authorised representative of that legal entity acting on the basis of its constituent documents, a power of attorney or another document confirming their authority. The relevant legal entity (User) shall be responsible for verifying the authority of such representative and the accuracy of the information provided by them.

 

 

2.                SUBJECT OF THE AGREEMENT

2.1.            Under the Agreement, the Site Administration provides the User with free access to the Site and its functionality, and the User undertakes to use the Site in accordance with the terms of the Agreement. Goods are purchased by the User for consideration, at the price and on the terms specified in the product card on the Site at the time the Order is placed.

2.2.            The essential terms of the sale and purchase contract for 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 time frame and method of delivery of the Goods. These terms are determined on the basis of the information published in the product card on the Site at the time the Order is placed and are confirmed by the Site Administration upon accepting the Order for fulfilment.

2.3.            Title to the Goods and the risk of their accidental loss or accidental damage pass from the Site Administration to the User upon delivery of the Goods to the User or a person designated by the User.

2.4.            Payment for Goods is made by the User using the method selected when placing the Order from among the methods available on the Site. The price of Goods is indicated on the Site in the national currency of the Republic of Kazakhstan, the tenge.

2.5.            Goods are delivered only within the territory of the Republic of Kazakhstan. Delivery periods are calculated in business days and do not include the day the Order is placed, weekends or public holidays; if the User chooses to pay for the Goods upon receipt, the delivery period is extended by 1 (one) business day. The cost of delivery and the terms of pick-up and free delivery are indicated on the Site. As at the date of publication of this version of the Agreement, delivery of an Order of less than 25,000 (twenty-five thousand) tenge costs 2,500 (two thousand five hundred) tenge both within the city and throughout the Republic of Kazakhstan; Orders of 25,000 (twenty-five thousand) tenge or more are delivered free of charge.

2.6.            The delivery period is indicated by the Site Administration when the Order is placed, and the delivery method is selected by the User from the methods available on the Site when placing the Order. The agreed delivery period and method are specified in the Order confirmation sent to the User.

2.7.            Any bank cards that support online payments are accepted. After the Order is confirmed, a fiscal receipt is sent to the e-mail address specified by the User and stored in the User’s Personal Account. The Order is handed over for delivery or pick-up once it has been assigned the status “Confirmed”.

2.8.            In the case of prepayment, the Order is accepted for processing only after the User’s funds have been credited to the Site Administration’s account. Until then, the Goods are not reserved, and the Order processing time may therefore be extended.

2.9.            Bank card transactions are performed by the cardholder or a person authorised by the cardholder. When paying for Goods by bank card at an Order pick-up point, the User must present an identity document. The bank may refuse to process a transaction if it has reason to believe that the transaction is fraudulent.

 

3.                INTELLECTUAL PROPERTY RIGHTS

3.1.            The User undertakes not to use the Site for commercial purposes without the prior written consent of the Administration, including not to collect, copy or automatically extract (scrape) data on Goods, prices, product range or other information published on the Site for subsequent commercial sale, resale, creation of competing services or other use in business activities; not to post on the Site or distribute through the Site advertising of goods, works or services of third parties; and not to use the Site’s functionality as a channel for promoting or selling the User’s own goods, works or services.

3.2.            All intellectual property placed on the Site (including but not limited to images, photographs, texts, product descriptions, design, corporate identity elements, trademarks, software code and Site databases) belongs to the Site Administration and/or the right holders of the respective brands sold through the Site and is protected by the copyright and trademark laws of the Republic of Kazakhstan. The User is not granted any rights to use such objects other than the right to view them for purposes related to the purchase of Goods.

 

4.                SPECIAL TERMS

4.1.            The Site Administration may award the User points for purchases in the manner and on the terms established by the LP published on the Site (if any). The User’s participation in the LP and the granting of Privileges to the User by the Site Administration are rights of the Parties; the procedure and terms of such participation are determined by the LP.

4.2.            In the event of obvious technical failures resulting in an incorrect price being displayed, the Administration reserves the right to cancel the Order with a mandatory refund, regardless of the payment stage. Obvious errors include cases where the price of 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 product card.

4.3.            The Site Administration warrants and represents that the Goods sold through the Site are original products purchased from official manufacturers and/or authorised distributors of the respective brands. Goods are delivered to the User in the manufacturer’s original packaging, with a shelf life sufficient for using the Goods for their intended purpose and with product information provided in accordance with the laws of the Republic of Kazakhstan. This warranty does not apply to Goods whose identification features (serial and batch numbers, seals, protective packaging elements, labels) have been damaged, altered or removed after delivery of the Goods to the User.

4.4.            The Site Administration may limit the number of units of the same Goods (in particular, limited-edition Goods) purchased by one User within a certain period. The Site Administration may also refuse to accept an Order or cancel a placed Order if there are sufficient grounds to believe that the User is purchasing the Goods for professional resale rather than for personal use, in particular when several Orders for the same Goods exceeding the established limit are placed simultaneously or when the same Goods are systematically purchased in quantities clearly exceeding reasonable personal needs. The amounts paid shall be refunded to the User no later than 15 (fifteen) business days from the cancellation of the Order.

4.5.            Images of Goods published on the Site are for information purposes only and may differ slightly from the actual appearance of the packaging, colour, shade (including shades of decorative cosmetics) and texture of the Goods due to the individual screen settings of the User’s device. Such differences do not in themselves constitute a defect of the Goods and cannot serve as an independent ground for a quality claim or for returning the Goods as Goods of improper quality. If the User has any questions about the properties and characteristics of the Goods, the User may contact the Site Administration before placing the Order.

4.6.            The Site Administration does not deliver Goods outside the Republic of Kazakhstan. The Site Administration may refuse to accept or fulfil an Order with a delivery address outside the Republic of Kazakhstan, refunding the amounts paid no later than 15 (fifteen) business days from the cancellation of the Order.

4.7.            Where an Order is paid for using instalment services or other similar services provided by banks or other partner organisations, the relationship between the User and such organisation is governed by a separate agreement between the User and that organisation; the Site Administration is not a party to such agreement and is not liable for its performance, including the consequences of the User’s breach of obligations to such organisation.

4.8.            The Site Administration may decline to publish or may delete a review or comment about Goods posted by the User that contains false information, insults, obscene language, personal data of third parties without their consent or otherwise violates the laws of the Republic of Kazakhstan. Published reviews reflect the personal opinion of their authors and do not represent the position of the Site Administration; the Site Administration is not responsible for their content and is not obliged to pre-moderate them.

4.9.            If, at the time the Order is placed or thereafter, the Site Administration’s warehouse does not have the required quantity of the ordered Goods, the Site Administration shall inform the User by electronic message or by another method specified by the User when placing the Order. The User may agree to accept the quantity of Goods available or cancel the relevant item of the Order. If no response is received from the User within 3 (three) calendar days from the date the message is sent, the Site Administration may cancel that item of the Order and refund the amount paid for it no later than 15 (fifteen) business days from the cancellation.

4.10.         If, during the assembly, packing or other fulfilment of a paid Order, the Site Administration discovers a defect, damage or other non-conformity of the Goods (including Goods that were on display) previously unknown to the Site Administration, the Site Administration shall inform the User and may cancel the relevant item of the Order and refund the amount paid for it no later than 15 (fifteen) business days from the cancellation.

4.11.         Delivery of Goods is a separate service and does not form part of the Goods purchased by the User. The Site Administration’s delivery obligations are deemed fulfilled upon handing over the Goods to the User or a person designated by the User. Claims related to defects of the Goods themselves discovered after receipt shall be considered in accordance with the laws of the Republic of Kazakhstan and this Agreement.

4.12.         The Site Administration may engage third parties (including delivery services, logistics and courier companies) to perform its obligations under this Agreement, remaining liable to the User for the performance of such obligations unless otherwise expressly provided by the laws of the Republic of Kazakhstan.

4.13.         Upon receipt of the Order, the User (or the recipient designated by the User) must inspect the integrity of the packaging in the presence of the person making the delivery. If there are no claims regarding the integrity of the packaging, the recipient confirms receipt of the Order in the document provided upon delivery (delivery form or similar document). If the packaging is damaged or the Goods do not correspond to the stated quantity, range or completeness, the recipient must draw up a relevant report in the presence of the person making the delivery and immediately contact the Site Administration’s Customer Care Service by the telephone number specified in the “Details of the Site Administration” section of this Agreement.

4.14.         The Site Administration may delay delivery of an Order in exceptional cases beyond its control (including unforeseen circumstances and restrictions imposed by transport and logistics organisations); in such case the Site Administration shall make efforts to deliver the Order as soon as possible and shall not be liable for such delay.

4.15.         An Order may be received only by the User or by an authorised person specified by the User when placing the Order. For prepaid Orders, the person making the delivery may request the recipient’s identity document to confirm the right to receive the Order.

4.16.         Until the Goods are handed over to the User or a person designated by the User, the Site Administration is responsible for the safety of the Order. In the event of a confirmed loss of the Order during delivery, the Site Administration shall reimburse the User for the full cost of the Goods and the cost of delivery.

4.17.         The courier’s waiting time at the Order delivery address shall not exceed 15 (fifteen) minutes.

4.18.         The User may cancel the Order at any time before receiving it, including after the Order has been handed over to the delivery service. In this case, the amounts paid shall be refunded within 15 (fifteen) business days from the date the returned Order is received by the Site Administration.

4.19.         If the User deletes the Personal Account, the Order history, list of favourite Goods, shopping cart contents, as well as bonuses and other Privileges accumulated under the LP (if any), are lost.

4.20.         Before using the Goods, the User must read their composition, method of use, contraindications and warnings indicated on the packaging and/or in the product card on the Site. The User’s individual intolerance of certain components of the Goods (including an allergic reaction) that is not related to defects of the Goods does not in itself constitute a defect of the Goods.

4.21.         Samples, miniatures and other gifts provided by the Site Administration to the User free of charge as part of an Order are not the subject of the sale and purchase contract and cannot be exchanged for cash. When returning Goods to which a gift was attached under the terms of a Promotion, the User shall return such gift together with the Goods if so provided by the rules of the relevant Promotion.

 

5.                RETURN, EXCHANGE AND AUTHENTICITY VERIFICATION OF GOODS

5.1.            The User may cancel the Order at any time before receiving it in the manner provided for in paragraph 4.18 of the Agreement. In accordance with Article 30 of the Consumer Protection Law, the User may return Goods of proper quality within 14 (fourteen) calendar days from the date of their delivery to the User, provided that the Goods have not been used and the conditions specified in paragraph 5.2 of the Agreement are met. Replacement or return of Goods of improper quality shall be carried out in the manner and within the time limits established by the Consumer Protection Law.

5.2.            Goods of proper quality may be returned subject to all of the following conditions:

5.2.1.       the Goods are complete, including instructions, inserts, caps, atomisers, dispensers and other accessories;

5.2.2.       the manufacturer’s original packaging of the Goods is preserved in proper condition, including the protective (cellophane) film being unopened and the box, seals, stickers, protective elements and barcodes being preserved;

5.2.3.       the Goods have not been opened or used (including no application or spraying), and show no traces of use, contamination or mechanical damage;

5.2.4.       the presentation and consumer properties of the Goods are preserved, allowing them to be resold;

5.2.5.       there is a document confirming the purchase and payment for the Goods (cash receipt, delivery note, bank or payment system statement), or the purchase has been proven by the User by other means;

5.2.6.       if the Goods were purchased as part of a kit (set), they are returned together with all components of such kit in full.

5.3.            Goods of proper quality cannot be returned if: the Goods have been used, including opened with the protective film, seal or other original packaging broken; their presentation, consumer properties, seals or labels have not been preserved; the return request is made after 14 (fourteen) calendar days from the date the Goods were delivered to the User. Samples, miniatures and gifts referred to in paragraph 4.21 of the Agreement are not the subject of sale and purchase and are not refundable. The restrictions of this paragraph do not apply to Goods of improper quality.

5.4.            The Site Administration may inspect the returned Goods, including verifying their authenticity and checking their individual features (serial and batch numbers, barcodes, protective packaging elements) against the features recorded by the Site Administration when the Goods were delivered to the User. If the returned Goods do not match the Goods delivered to the User (including signs of substitution), the Site Administration may refuse to accept such Goods and refund the money, recording the discrepancy in a report with photo and/or video evidence attached.

5.5.            In the event of a dispute as to the existence or cause of a defect in the Goods, the Site Administration may carry out a quality check and/or examination of the Goods in accordance with the laws of the Republic of Kazakhstan. The User may participate in such check (examination) in person or through a representative. The costs of the examination shall be allocated between the Parties in accordance with the consumer protection laws of the Republic of Kazakhstan.

5.6.            The amount paid for the Goods shall be refunded within 15 (fifteen) business days from the date the Site Administration receives the Goods accepted for return, to the bank card used to pay for the Order. If a refund to that card is not possible for technical reasons, the funds shall be transferred to the User’s bank account opened with a bank of the Republic of Kazakhstan on the basis of the User’s written application.

5.7.            A gift certificate for the purchase of Goods (hereinafter, the “Certificate”) confirms an advance payment for Goods to be received by the bearer of the Certificate in the future. The Certificate may be used to purchase Goods within the period indicated on the Certificate, on the terms set out on the Certificate and in this Agreement.

5.7.1.       Where a Certificate is purchased by a legal entity, the Certificate is a means of payment and cannot be returned after it has been handed over. Certificates purchased by a legal entity cannot be exchanged for their cash equivalent at the request of the bearer of the Certificate.

5.7.2.       An individual who has paid for a Certificate may demand a refund for an unused Certificate or, if the Certificate has been partially used, for the unused balance of its face value, including after the expiry of the period indicated on the Certificate.

5.7.3.       The refund is made to the person who actually paid for the Certificate on the basis of their written application upon presentation of the Certificate and a document confirming its payment (cash receipt, bank statement, payment document), in the manner provided for in paragraph 6.7 of the Agreement.

5.7.4.       The funds are refunded within 10 (ten) calendar days from the date of receipt of the application to the bank card used to pay for the Certificate. If a refund to that card is not possible, the funds are transferred to the applicant’s bank account opened with a bank of the Republic of Kazakhstan. Cash is not issued in exchange for a Certificate at points of sale.

5.7.5.       Paragraphs 5.7.2–5.7.4 do not apply to Certificates received by the User free of charge (as a Prize, an LP bonus or a gift under a Promotion).

5.8.            To return Goods, the User shall:

5.8.1.       submit a request to the Site Administration’s Customer Care Service by the telephone number specified in the “Details of the Site Administration” section of this Agreement (including via WhatsApp);

5.8.2.       state the reason for the return and, if any, the defects found in the Goods;

5.8.3.       provide a copy of an identity document and a document confirming the purchase and payment for the Goods;

5.8.4.       hand over the Goods and accompanying documents to the courier sent by the Site Administration.

5.9.            Goods are not exchanged through the Site. If an exchange is required, the User shall return the purchased Goods in the manner established by this section and place a new Order for the selected Goods.

5.10.         If the Site Administration refuses to accept the Goods for return on the grounds provided for in this section, the Site Administration shall send a notice to the User, and the Goods shall be sent back to the User at the address specified when placing the Order at the expense of the Site Administration.

 

6.                PROMOTIONS AND PRIZE DRAWS

6.1.            The Site Administration may periodically and on a regular basis hold Promotions to stimulate sales and to reward and thank regular customers, accompanied by Prize draws among Users.

6.2.            The terms of a specific Promotion (start date and time, end date and time, duration, Qualifying Purchase amount, participant registration procedure, draw procedure and date, composition of the Prize and procedure for its delivery, and other terms) are determined by separate rules of such Promotion approved and published by the Site Administration on the Site and/or on a separate promotional resource.

6.3.            This section sets out the general terms applicable to all Promotions; the rules of a specific Promotion may not contradict this section or worsen the position of a Promotion Participant compared with it, and to the extent not regulated by the rules of a specific Promotion, the provisions of this section and of this Agreement as a whole shall apply.

6.4.            Participation in a Promotion is free of charge for the User; the Site Administration may not charge a Promotion Participant a separate fee for participation other than the cost of the Qualifying Purchase made. A Promotion is not a lottery, a gambling game or any other risk-based game within the meaning given to these terms by the laws of the Republic of Kazakhstan.

6.5.            If the terms of a specific Promotion provide that the right to participate arises upon making a Qualifying Purchase for a certain amount, LP bonuses used by the User to pay for such purchase may be counted towards that amount up to 50 (fifty) percent of the purchase amount, unless a different limit is established by the rules of the specific Promotion.

6.6.            A User purchasing Goods using a Certificate may participate in a Promotion provided that the Certificate was used (Goods received against its face value) during the relevant Promotion period and the value of the Goods so purchased meets the Qualifying Purchase threshold established by the rules of the specific Promotion. If the value of the Goods received using the Certificate exceeds the face value of the Certificate and the difference is paid by the User additionally, the full value of the Goods purchased, including the face value of the Certificate and the additional amount paid, shall be counted towards the Qualifying Purchase amount.

6.7.            Where Goods purchased by the User using a gift Certificate are returned, the Site Administration may, on the basis of Article 275 of the Civil Code of the Republic of Kazakhstan, require the person requesting a refund to provide documents confirming that the Certificate was paid for by that 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 beneficiary within the meaning given to this term by the Payments and Payment Systems Law, to the bank (current) 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 the Goods (in whole or in part) before the winners of the relevant stage of the Promotion are determined and the value of the remaining (non-cancelled) part of the purchase under that fiscal receipt falls below the Qualifying Purchase threshold, the participation identifier assigned to that receipt (unique number, full name of the Promotion Participant or other identifier used in accordance with the rules of the specific Promotion) shall be cancelled and the User shall be excluded from the Promotion participants. If only part of the Goods under the receipt is returned and the remaining purchase amount still meets the participation threshold, the participation identifier remains valid;

6.8.2.       if a User declared a winner of the Promotion subsequently returns the Goods purchased as a Qualifying Purchase for participation in that Promotion before the Prize is awarded, the Site Administration may refuse to award the Prize and declare such User to have lost the right to the Prize. In this case, the Prize is not transferred to the User and remains at the disposal of the Site Administration. The Goods themselves shall be returned on the general terms established by section 5 of this Agreement;

6.8.3.       if the Goods purchased as a Qualifying Purchase are returned after the Prize has been awarded to the winner, the Site Administration may require the User to return the Prize received. If the Prize cannot be returned (including due to its use, loss, damage or expiry – for example, an event that has already taken place), the User shall reimburse the Site Administration for the cost of acquiring the Prize. The Goods purchased as a Qualifying Purchase shall be returned 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 amount to be refunded to the User for such Goods by way of set-off of mutual homogeneous claims (in accordance with Article 370 of the Civil Code of the Republic of Kazakhstan).

6.9.            The winner of a Promotion is notified by the Site Administration’s call centre by telephone call and SMS to the telephone number specified by the User in the Personal Account within 48 (forty-eight) hours from the date the Promotion results are determined. If the winner does not come forward and receive the Prize within the period established by the rules of the specific Promotion, or, if no such period is established, within 2 (two) calendar days from the date of notification under this paragraph of the Agreement, the Participant shall be deemed to have lost the right to the Prize.

6.10.         The cash equivalent of the Prize is not paid to the User, except where payment of a cash equivalent is expressly provided for by the rules of the specific Promotion.

6.11.         The Prize cannot be exchanged for other Goods.

6.12.         The Site Administration is not the organiser of an event to which access is provided as a Prize and is not liable for the cancellation, postponement, change of programme or other circumstances related to the organisation of such event by third parties. No monetary compensation is paid to the User in connection with such circumstances.

6.13.         In addition to the cases expressly provided for by the rules of a specific Promotion, the provision by a Participant of false, incomplete or another person’s data is also a ground for refusing participation in a Promotion, cancelling the Participant’s participation identifier (unique number, full name of the Promotion Participant or other identifier used in accordance with the rules of the specific Promotion) or declaring the Participant to have lost the right to the Prize.

6.14.         The User may make any number of separate purchases during the Promotion period. Each purchase that individually meets the Qualifying Purchase threshold established by the rules of the specific Promotion entitles the User to a separate participation identifier for that purchase and one additional chance to win; the more confirmed purchases the User has, the higher the probability of winning. Making several such purchases is not a ground for refusing participation in the Promotion, cancelling participation identifiers or otherwise restricting the User’s rights provided for in this section of the Agreement.

6.15.         Employees of the Site Administration, employees of organisations involved in holding the Promotion and members of their families may not participate in the Promotion, unless otherwise provided by the rules of the specific Promotion.

6.16.         The same User may be declared a winner only once within one stage of a Promotion. If the number generated by the random number generator in the draw corresponds to the participation identifier of a User already declared a winner of that stage of the Promotion, the draw for that number shall be repeated live until the participation identifier of another User is determined.

6.17.         A Promotion Participant is identified by the mobile phone number specified by the User when registering on the Site.

6.18.         Goods purchased at a discount participate in a Promotion on general terms; the amount actually paid under the fiscal receipt after the discount is applied shall be counted towards the Qualifying Purchase amount.

6.19.         The cost of gift wrapping, delivery and other services is not counted towards the Qualifying Purchase amount.

6.20.         Purchases made on behalf of or in the interests of a legal entity or under a separate contract do not participate in Promotions.

 

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, including use of the Goods in breach of the method of use specified by the manufacturer or after the expiry of their shelf life.

7.2.            The Parties are liable for non-performance or improper performance of their obligations under this Agreement in accordance with the laws of the Republic of Kazakhstan.

7.3.            The User is responsible for the accuracy and sufficiency of the information provided when placing an Order.

7.4.            The Site Administration reserves the right, at its discretion, to change or remove from the catalogue Goods offered for sale for which the User has not placed and confirmed an Order, and to change the price of Goods for which no Order has been placed, at any time without prior notice to the User. Changing the price of Goods for which the User has already placed and confirmed an Order is not permitted after such confirmation, except in the cases provided for in paragraph 4.2 of the Agreement.

7.5.            The Site Administration may refuse the User registration, acceptance of an Order or its fulfilment 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 organisations whose jurisdiction extends to the relevant transaction, and if fulfilment of the Order may result in a violation of applicable export control laws or international sanctions. The User represents and warrants that neither the User (for an individual) nor its founders, shareholders, beneficial owners or members of management bodies (for a legal entity) are persons subject to asset freezing measures or are 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 AML Law and other applicable laws of the Republic of Kazakhstan in this area. The User represents and warrants that, in connection with the performance of this Agreement, it has not offered, promised or given, directly or indirectly, any money, valuables or other benefits to officials or other persons in order to obtain an improper advantage, and undertakes to notify the Site Administration immediately if it becomes aware of a breach of this paragraph. If there are reasonable suspicions of a breach of this paragraph or paragraph 7.5 of the Agreement, the Site Administration may suspend fulfilment of the Order until the completion of a check, carry out such check itself or with the involvement of third parties, and, if the breach is confirmed, refuse to fulfil the Order and/or unilaterally terminate service to such User without any penalties or claims for damages against the Site Administration. The Parties acknowledge compliance with this paragraph and paragraph 7.5 as an essential term of the Agreement.

7.7.            The Parties are released from liability for non-performance of their obligations under this Agreement if it is caused by force majeure circumstances (war, natural disasters, acts of state authorities, etc.) that arose after the conclusion of the Agreement and are beyond the control of the Parties. A Party invoking such circumstances must notify the other Party immediately.

 

8.                CONFIDENTIALITY AND PERSONAL DATA PROCESSING

8.1.            The Site Administration may ask the User to provide personal information. The information provided is used solely for processing the Order in the online store or for granting the User access to special information. The User may change, update or delete personal information.

8.2.            When an Order is paid for by credit card, the card and cardholder information is transmitted in a secure form to the bank’s authorisation server and is not provided to the Site Administration or third parties. No confidential information other than the payment notification is transmitted to the Site Administration’s online store.

8.3.            By accepting the terms of this Agreement, the User, in accordance with the Personal Data Law, acting freely, of their own will and in their own interests, consents to the collection, recording, systematisation, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (dissemination, provision, access), depersonalisation, blocking and deletion of personal data, as well as other actions with the User’s personal data in compliance with the laws of the Republic of Kazakhstan.

8.4.            The Site Administration undertakes to take all necessary measures provided for by the laws of the Republic of Kazakhstan to protect the User’s personal data from unauthorised access or disclosure.

 

9.                LIMITATION OF LIABILITY

9.1.            Since, with respect to the purchase of Goods under this Agreement, the User is provided with paid services for the sale of Goods, the Consumer Protection Law applies to the relevant relations between the User and the Administration.

9.2.            The User agrees to receive advertising and information messages from the Site Administration and its partners by e-mail to the address specified during registration. The User may unsubscribe from such messages at any time by the method indicated 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 compensation for harm caused to the life, health and/or property of the User (an individual) as a result of defects in the Goods and other cases where the laws of the Republic of Kazakhstan expressly prohibit the limitation of liability. The Site Administration does not compensate the User for lost profits or indirect losses, except where such limitation is not permitted by the consumer protection laws of the Republic of Kazakhstan.

 

10.             DISAGREEMENTS AND DISPUTES

10.1.         This Agreement is governed by and construed in accordance with the laws of the Republic of Kazakhstan. Matters not regulated by this Agreement shall be resolved in accordance with the laws of the Republic of Kazakhstan.

10.2.         Any disputes or disagreements related to the performance of this Agreement shall be resolved by the Parties through negotiations and, failing agreement, in court in accordance with the laws of the Republic of Kazakhstan.

 

11.             FINAL PROVISIONS

11.1.         This Agreement remains in effect throughout the period of the User’s use of the Site and may be terminated in respect of a particular User at the User’s initiative (by ceasing to use the Site) or at the initiative of the Site Administration (by blocking the Personal Account for breach of the terms of the Agreement); such termination does not affect the Offer itself, which remains in effect in respect of other persons. In respect of each individual Order, this Agreement remains in effect until the Parties have fully performed their obligations under such Order or until its termination on the grounds provided for by the laws of the Republic of Kazakhstan or this Agreement, and such termination does not release the Parties from their obligations under Orders already placed.

11.2.         The Site Administration may at any time unilaterally amend the terms of this Agreement by publishing a new version on the Site, which enters into force upon such publication, provided that such amendments do not violate or restrict the User’s rights established by the laws 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 enters into force constitutes the User’s consent to the amended terms.

11.3.         This Agreement is concluded in electronic form by the User’s acceptance of the terms of this Offer in the ways provided for in paragraph 1.4 of the Agreement, without the Parties drawing up and signing a single paper document. 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 made in electronic form; the exchange of electronic documents and electronic messages identifying the parties and the content of their expression of will is equivalent to making a transaction in writing. This Agreement and its acceptance by the User in electronic form have legal force equal to that of a contract concluded in writing on paper.

11.4.         Liability measures not provided for by this Agreement shall be applied by the Parties in accordance with the laws of the Republic of Kazakhstan.

11.5.         If any individual provision of this Agreement is held invalid by a court, this shall not invalidate its remaining provisions, which shall remain in full force and effect.

11.6.         This Agreement is published on the Site in the Kazakh, Russian and English languages. In accordance with Article 5 of the Languages Law, the Russian language is officially used on a par with the Kazakh state language. The Parties recognise the Russian text of this Agreement as the governing text for the purposes of interpretation; in the event of any discrepancies between the texts, the Russian text shall prevail.

11.7.            From the moment this version of the Agreement is published on the Site, all previous versions of the public offer (user agreement) of the Site www.cdv.kz shall cease to be in effect. Orders placed before the publication of this version shall be fulfilled on the terms of the version in effect at the time they were placed.

 

 

Details of the Site Administration

PREMIUM BEAUTY LLP

BIN 160840000476

Legal address: Republic of Kazakhstan,

Almaty, 050059, Samal-2 microdistrict, building 67.

IIC KZ566010131000296049 (KZT)

with Halyk Bank of Kazakhstan JSC

BIC HSBKKZKX

 

Customer Care Service: +7 (700) 200 27 27 (including WhatsApp)

E-mail: shop@cdv.kz

 

General Director

 

________________ / A.M. Amirzhanova

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