PUBLIC OFFER (CONTRACT OF ADHESION) FOR THE SALE OF GOODS
Sole Proprietor DOCSLY
Republic of Kazakhstan, Astana
This document constitutes an official proposal (public offer) from the Sole Proprietor "DOCSLY", hereinafter referred to as the "Seller", to any legal entity or natural person, hereinafter referred to as the "Buyer", to conclude a contract for the sale of goods on the terms and conditions set forth below.
In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this document is a public offer. The Buyer's full payment of the invoice issued by the Seller constitutes a full and unconditional acceptance of the terms of this offer, in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, and is equivalent to concluding a contract in writing.
1. TERMS AND DEFINITIONS
Seller: Sole Proprietor "DOCSLY", engaged in the sale of goods through the Online Store.
Buyer: Any person who has accepted this offer by paying the invoice.
Online Store: The official website of the Seller where the range of Goods is presented.
Goods: Souvenir products presented in the Seller's Online Store.
Order: The Buyer's request for the purchase of Goods, placed through the website's shopping cart, by e-mail, or by telephone.
Invoice: A document issued by the Seller to the Buyer for payment, containing the final list of Goods, their price, delivery cost, and the total amount payable.
2. ORDER PLACEMENT AND CONTRACT CONCLUSION
2.1. The Buyer places an Order by any available means: through the shopping cart of the Online Store, by e-mail, or by telephone.
2.2. The placement of an Order by the Buyer does not in itself constitute the conclusion of a contract. The Order is a request for the Seller to form a commercial proposal.
2.3. Upon receipt of the Order, the Seller shall check the availability of the Goods, calculate the exact cost of delivery to the address specified by the Buyer, and issue a final Invoice for payment. The Seller reserves the right to adjust the price of the Goods and/or the cost of delivery until the Invoice is issued.
2.4. The Invoice issued to the Buyer is considered the official offer of the Seller.
2.5. The acceptance of the offer by the Buyer is the 100% payment of the amount specified in the Invoice. From the moment the funds are credited to the Seller's bank account, the sale and purchase agreement is deemed concluded on the terms of this Offer.
2.6. An unpaid Invoice does not create any obligations for either Party. The Buyer may cancel the Order at any time before payment. The Seller may cancel an unpaid Invoice after 5 (five) banking days from the date of its issuance.
2.7. If the fulfillment of the Order requires additional production of the Goods, the delivery terms shall be agreed upon by the Parties separately and specified in the Invoice or accompanying correspondence.
3. PRICE AND PAYMENT PROCEDURE
3.1. The prices for Goods in the Online Store are for informational purposes and may be changed by the Seller unilaterally. The final price is the one fixed in the issued Invoice.
3.2. Payment shall be made on the basis of 100% prepayment in the national currency – Tenge (KZT) – by transferring funds to the Seller's bank account specified in the Invoice.
3.3. The Seller applies a special tax regime based on a simplified declaration and is not a VAT payer. All prices are exclusive of VAT.
3.4. The Buyer's obligation to pay is considered fulfilled from the moment the full payment amount is credited to the Seller's bank account.
4. DELIVERY OF GOODS AND TRANSFER OF RISKS
4.1. The delivery of the Goods is organized by the Seller but is carried out at the Buyer's expense. The cost of delivery is included as a separate line item in the Invoice.
4.2. The method of delivery (courier to the door, to a pick-up point) is chosen by the Buyer when placing the Order.
4.3. The Seller's obligation to transfer the Goods is considered fulfilled, and the risk of accidental loss or damage to the Goods passes from the Seller to the Buyer at the moment the Goods are actually delivered to the Buyer (or their authorized representative) and the carrier's accompanying documents are signed.
4.4. Upon receipt of the Goods, the Buyer must, in the presence of the carrier's representative (courier), check the integrity of the outer packaging. If the packaging is damaged, the Buyer must draw up a corresponding report with the carrier's representative. Otherwise, claims for damage that may have occurred during transportation will not be accepted by the Seller.
4.5. The Seller shall provide all necessary accompanying documents in accordance with the legislation of the Republic of Kazakhstan (electronic invoice, consignment note, etc.).
5. ACCEPTANCE AND RETURN OF GOODS
5.1. The Buyer must accept the Goods for quantity, quality, and assortment within 5 (five) working days from the moment of their receipt from the carrier.
5.2. The sole ground for the return or exchange of Goods is a manufacturing defect confirmed by the Seller.
5.3. The following is not considered a defect: a slight difference in the color shade of the Goods from the image on the Buyer's monitor screen, which is due to the color rendering features of different devices.
5.4. In the event of a manufacturing defect, the Buyer must, within the period specified in clause 5.1., send a written claim to the Seller by e-mail with a detailed description of the defect and attach clear photographs or videos confirming the defect.
5.5. If the defect is confirmed by the Seller, the Buyer has the right to request an exchange of the Goods for a similar product of proper quality.
5.6. The cost of returning the defective Goods to the Seller's warehouse shall be borne by the Buyer. If the manufacturing defect is confirmed, the Seller shall reimburse the Buyer for the documented costs of the return delivery and shall ship the new Goods at its own expense.
6. CUSTOM ORDERS AND INTELLECTUAL PROPERTY
6.1. The terms of manufacturing Goods according to the Buyer's individual design, including the application of logos, approval of layouts, and production timelines, are regulated by a separate written agreement concluded between the Parties.
6.2. By providing the Seller with its logos, images, or other intellectual property objects for application to the Goods, the Buyer guarantees that it has all the necessary rights for their use and that its actions do not infringe on the rights of third parties.
6.3. The Buyer shall bear full responsibility for the infringement of copyright, related rights, or patent rights of third parties resulting from the use of materials provided by the Buyer. In the event of any claims or lawsuits against the Seller from third parties, the Buyer undertakes to settle them independently and at its own expense, and also to reimburse the Seller for all losses incurred.
7. GOVERNING LAW AND DISPUTE RESOLUTION
7.1. All relations between the Parties shall be governed by the current legislation of the Republic of Kazakhstan.
7.2. All disputes and disagreements shall be resolved through negotiations. If an agreement is not reached, the dispute shall be resolved in the Specialized Inter-district Economic Court of Astana City after compliance with the mandatory pre-trial claim procedure. The response time for a claim is 20 (twenty) calendar days.