PUBLIC OFFER

(offer of Retail Sales Contract
containing all essential conditions)

Valid from _______2020

Philip Morris Kazakhstan Limited Liability Partnership offers to any individual who has reached the age of twenty-one, who is a tobacco consumer and is interested in purchasing the Goods, the following standard form Retail Sales Contract for conclusion:

STANDARD FORM RETAIL SALES CONTRACT

Error! Hyperlink reference not valid. on the website www.kaspi.kz/shop

Preamble

This standard form Retail Sales Contract (hereinafter referred to as the “Contract”) is an integral part of the Public Offer and regulates the general and basic conditions of interaction between Philip Morris Kazakhstan LLP, a legal entity registered at the address: Republic of Kazakhstan, Almaty Oblast, Ily District, Otegen Batyr village, Ilyas Zhansugurov street, 90, postal code: B40A6M8 or 040700, hereinafter referred to as the Seller, on the one hand, and any capable individual who has reached the age of twenty one years, who is a tobacco consumer and is interested in purchasing the Goods via the Website www.kaspi.kz/shop, hereinafter referred to as the Consumer, who has accepted the offer (Public Offer) of the Contract, on the other hand, on the unchangeable terms of the Seller, as to the retail sales of Goods on the website www.kaspi.kz/shop (hereinafter - the Website).

1. Definitions

1.1. Goods shall mean IQOS tobacco heating system, accessories for IQOS tobacco heating system, tobacco atomising devices, namely HEETS heated tobacco sticks, as well as any other goods offered for sale by the Seller to the Consumer at a certain price, according to the Seller's Catalog available from the Seller at the time of ordering. The list of the Goods offered for sale by the Seller and their cost shall be determined by the Seller unilaterally and shall be reflected in the Seller's Catalog.

1.2. Catalog shall mean the list of Goods offered for sale by the Seller to the Consumer, as posted on the Website, specifying the range and the corresponding prices for the Goods.

1.3. Order shall mean a duly submitted request of the Consumer for the purchase and delivery of the Goods selected on the Website to the address specified by the Consumer.

1.4. Support Service shall mean the Seller's contact center, responsible for receiving and processing an Order, as well as for organizing the delivery and sale of the Goods, phone number: 8-8000-80-12-21.

1.5. Parties shall mean the Seller and the Consumer when referred to collectively.

1.6. Guarantee Deposit shall mean the amount of money paid by the Consumer to the Seller in order to secure the conclusion of the Contract between them in the future on the basis of the agreement reached by the Parties as to the placement of the guarantee deposit upon placing the corresponding Order for the Goods by the Consumer.

2. Subject of the Contract

2.1. The Seller undertakes to transfer the ownership of the Goods to the Consumer for the purposes not related to entrepreneurial activity, and the Consumer shall pay for and accept the Goods in accordance with the Catalog of Goods in force at the time of ordering and other conditions of this Contract, including those established by orders and (or) other documents of the Seller.

2.2. Depending on the specifics of the Goods, the method of its acquisition and (or) other conditions for the purchase and sale of the Goods established by the Seller, separate orders, rules or other documents of the Seller may contain additional, amending, specifying and other provisions, which shall be an integral part of this Contract and which may be received by the Consumer via the Website or by contacting the Support Service.

3. Procedure for Conclusion and Amendment of the Contract

3.1. This Contract is a standard form Contract in accordance with Article 387 of the Civil Code of the Republic of Kazakhstan, i.e. the price of the Goods and other provisions of the Contract shall be established by the Seller at the time of placing an Order, and all Consumers shall be treated equally without giving preference to one Consumer over another in relation to the conclusion of the Contract.

3.2. Prior to placement of an Order, the Seller has the right to unilaterally amend the provisions of the Public Offer and the Contract, which is the integral part thereof. When an Order is placed, it may be changed only on the grounds and in the manner provided for by the current legislation of the Republic of Kazakhstan.

3.3. The registration of the Consumer on the Website and visiting the Seller's page on the Website shall be deemed the acknowledgment of offer receipt, familiarization with all its conditions and its acceptance procedure. The Offer shall be deemed accepted (acceptance shall be deemed performed) by the Consumer, and the Contract shall be deemed concluded when the Consumer performs all the following actions in accordance with the provisions of the Contract:

3.3.1. placing of an Order for the Goods on the Website;

3.3.2. placement of the Guarantee Deposit;

3.3.3. presentation to the Seller (his representative) of the original document proving the identity of the Consumer, prior to the transfer of the Goods to him, in order to identify the Consumer as the person who placed the Order and paid the Guarantee Deposit, and if the Seller (his representative) doubts that the Consumer has reached the age of twenty one year - also in order to confirm that he has reached the specified age.

Failure by the Consumer to perform any of the above actions specified in this Clause of the Contract or their performance by the Consumer in violation of the provisions of the Contract shall be deemed the Consumer's refusal to accept this Public Offer and conclude the Contract. The acceptance by the Consumer shall confirm the Consumer's familiarization and consent with the terms of purchase of the Goods and the Consumer's consent to conclude the Sales Contract with the Seller under the provisions of this Contract. Every Order placed by the Consumer shall be considered as an independent basis for concluding a Contract with him/her in relation to the Goods specified in such an Order. The conclusion of the Guarantee Deposit agreement shall be deemed accepted by the Consumer, and the Guarantee Deposit agreement shall be deemed concluded with the Seller on the terms provided for in this Contract as of placing of an Order for the Goods by Consumer and its acceptance by the Seller.

4. General Provisions on the Goods

4.1. The Parties acknowledge that all informational posted on the Website (video, picture, text, etc.) are for reference purposes only and cannot represent full specifics and characteristics of the Goods, including color, size and shape. The most complete and up-to-date information about the Goods is labeled directly on the Goods the Consumer is interested in. If prior to the Goods purchase the Consumer has any questions regarding the properties and characteristics of the Goods, the Consumer has the right to contact the Seller's internal trade facilities or the Support Service to obtain the information about the Goods, including personal presentation.

4.2. The Seller offers for sale the Goods of good quality which are in the stock of the Seller at the time of placing an Order. The Parties hereby acknowledge the possibility of a short-term non-availability of a certain type of Goods specified in the Catalog of Goods with the Seller. In this case, the Seller shall make the necessary efforts to make such Goods available with the Seller, or, if it is impossible to recover the stock, make the appropriate amendments to the Catalog of Goods.

4.3. The ownership of the Goods and the associated risks shall be transferred from the Seller to the Consumer at the time of transfer of the Goods to the Consumer.

4.4. Certain types of Goods are covered by guarantee. The warranty period and service life of the Goods covered by the guarantee shall be specified in the relevant documents included in the delivery package (hereinafter referred to as the Warranty Period). The absence of special documents in the delivery package which determine the Warranty Period shall mean that such Goods are not covered by guarantee.

5. Registration on the Website

5.1. Registration of the Consumer on the Website and visiting the Seller's page enables the Consumer to access the Website and place an Order. Any person interested in visiting the Seller's page on the Website shall confirm that he/she is twenty-one years old.

5.2. Any person under the age of twenty-one shall not get access to the Seller's page on the Website and place an Order for the Goods.

6. Placement of an Order and the Guarantee Deposit

6.1. The Consumer shall place an Order by performing the following sequential actions:

- registration of the Consumer on the Website in order to get access to the Website;

- selection of the Goods from the Catalog on the Website and the formation of the Basket of the selected Goods;

- checking of the assortment of Goods in the Basket and clicking the Checkout button;

- filling-in (verification) of the on-line form of the generated Order (details, delivery address, contact phone number of the Consumer);

- selection of the Payment option, familiarization with the total cost of an Order, taking into account the delivery to the address specified by the Consumer;

- placement of the Guarantee Deposit using the payment options on the Website. [BZ1]

6.2. Upon successful placement of the Guarantee Deposit, the Consumer will receive information on the Seller's acceptance of an Order for the Goods.

7. The Cost of the Goods and the Terms of Placement of the Guarantee Deposit

7.1. The cost of the Goods shall be indicated in tenge per unit of the Goods in the Catalog and in payment documents. The cost of the Goods shall include VAT.

7.2. The delivery of the Goods to the Consumer shall not be included in the cost of the Goods. The delivery shall be paid by the Consumer in accordance with the tariffs indicated on the Website and the delivery conditions in force at the time of placement of an Order.

7.3. The cost of the Goods may be changed by the Seller unilaterally by making amendments to the Catalog. In this case, the cost of the Goods in respect of which the Consumer has placed an Order and the Guarantee Deposit, shall not be changed.

7.4. The amount of the Guarantee Deposit shall be determined at the rate of 100% (one hundred percent) of the Order value (the cost of the Goods and delivery) and shall be placed by the Consumer using the payment options provided on the Website.

7.5. The Seller has the right to apply discounts and other special offers provided for by the rules or other documents of the Seller; such discounts and offers shall be communicated to the Consumer via the Website. In this case, the Seller has the right to condition discounts or other special offers.

8. Delivery of the Goods

8.1. The Seller shall deliver the Goods, in respect of which an Order and the Guarantee Deposit has been placed, to the place specified by the Consumer in an Order (Delivery Address). Methods, cost and approximate delivery dates for the Goods shall be specified in the Delivery Terms posted in the relevant section of the Website and at the time of Order placement .

8.2. Upon delivery, the Goods specified in the Order are transferred to the Consumer only on condition that the Seller (his representative) identifies the Consumer as the person who placed the Order and paid the Guarantee Deposit, and if the Seller (his representative) doubts that the Consumer has reached the age of twenty-one, also subject to confirmation by the Consumer of reaching the specified age in accordance with the terms of the Agreement. The identification of the Consumer and (if necessary) confirmation of his age are carried out according to the original document proving the identity of the Consumer.

8.3. Prior to the transfer of Goods to the Consumer by the Seller (its representative), the Consumer shall present to the Seller (its representative) the original ID document of the Consumer to prove that the Consumer is twenty-one years old.

8.4. If the Consumer fails to provide the Seller (its representative) with the original ID document of the Consumer, and/or if, according to the document presented by the Consumer, he/she has not attained the age of twenty-one, the Seller shall cancel the execution of an Order and return the Guarantee Deposit to the Consumer.

8.5. Upon the fulfillment by the Consumer of the terms set forth in Clause 8.3 of the Contract and acceptance of the Goods transferred to him/her by the Seller (its representative), the amount of the Guarantee Deposit shall be credited by the Seller against the payment for the Goods and delivery specified in the relevant Order.

8.6. The risk of accidental loss or damage of the Goods shall pass to the Consumer as of delivery of the Goods to the Consumer and signing by the Consumer of the documents confirming the delivery and transfer of the Goods.

8.7. The Seller's obligation to transfer the Goods to the Consumer shall be deemed fulfilled as of delivery of the Goods by the Seller (its representative) to the Consumer.

8.8. Once accepted from the Seller (its representative), the Goods shall be inspected by the Consumer and checked against the declared quantity, assortment and for completeness and package integrity. In the absence of claims as to the delivered Goods, the Consumer shall sign the delivery note or delivery register provided by the Seller's representative. The Consumer's signature in the delivery note or delivery register shall certify the absence of Consumer's claims as to the Goods and full and proper fulfillment by the Seller of its obligation to transfer the Goods to the Consumer. In the event of any claims to the delivered Goods (shortage, deviation from the shipment document, other claims), the Seller's representative shall draw up a Certificate of Discrepancies, on the Consumer's instruction, and the Goods shall not be transferred to the Consumer, except for cases when the Consumer has decided to accept such Goods and has made a note to that effect in the Certificate and delivery register. In this case, should the Consumer refuse to accept the Goods, the Support Service, upon receipt of information from the Seller's representative who has drawn up a Certificate of Discrepancies, shall contact the Consumer who did not accept the Goods to determine further actions with regard to delivery of proper Goods or refunding of a Guarantee Deposit.

9. Replacement or Return of Non-conforming Goods

9.1. Should any defects of the Goods be detected during the warranty period, the Consumer shall file a claim with the Support Service, unless another procedure is additionally established by the Seller and communicated to the Consumer by the Support Service.

9.2. Should a warranty event occur, the Goods shall be replaced and returned in accordance with the laws of the Republic of Kazakhstan.

9.3. The warranty and non-warranty events for certain types of non-food Goods are listed in Appendix No. 1 hereto.

9.4. When replacing the Goods pursuant to this Article of the Contract, the warranty period for the (replaced) Goods shall not be renewed.

9.5. When replacing or returning the non-conforming Goods, the Seller shall bear the costs of delivering such Goods to the Seller.

10. Replacement or Return of Conforming Goods

10.1. If it is necessary to replace or return the conforming Goods, the Consumer shall contact the Support Service for information on the procedure for exchanging or returning the Goods of proper quality.

10.2. The conforming Goods shall be returned and replaced within fourteen calendar days in accordance with the laws of the Republic of Kazakhstan, if the Goods were not in use, its marketable state, consumer properties, labels and a document confirming the purchasing have been preserved.

10.3. The Goods shall be considered not used and its marketable state, and consumer properties preserved subject to the following:

· the package / surface of the Goods is not damaged;

· charger, holder, power supply, USB cable are not damaged and function properly;

· the Goods surface is not scuffed or otherwise damaged.

· the holder and charger do not contain tobacco particles and have no smell of tobacco, the holder blade (heating element) is perfectly safe;

· the cleaning device does not contain tobacco particles and has no smell of tobacco, the package is complete, the hook is available, the brushes are perfectly safe;

· the charger has a sticker, the power supply has a protective film, the USB cable has a fixing ring;

  • the item of the Goods has a serial number;

· the charger plastic stand and holder are available, user manual and a warranty in three languages are available.

The absence of a film on the package with the Goods shall not be considered as non-marketable state.

10.4. When replacing or returning the Goods of proper quality, the costs of delivery of Goods of proper quality to the Seller shall be borne by the Consumer.

10.5. The Goods shall be replaced at the proper-form request of the Consumer.

11. Personal Data

The Seller shall ensure the confidentiality and processing of the provided personal data of the Consumer as a data subject, in compliance with all applicable legislative requirements of the Republic of Kazakhstan in the field of personal data protection, including the principles, requirements, obligations of the personal data processor stipulated by Law of the Republic of Kazakhstan No. 94-V On Personal Data and their Protection of May 21, 2013. By placing an Order, the Consumer gives his/her consent that the Consumer's personal data available to the Seller may be provided to the courier who delivers the Goods, to the extent necessary to perform such delivery of the Goods. Such provision of information by the Seller to the courier shall be recognized by the Parties as legitimate disclosure of information, that is, disclosure of information that meets the purposes of its collection.

12. Final Provisions

12.1. In case of discrepancies between the terms hereof and the terms of the User Agreement or other documents applicable to retail purchase and sale of the Goods Error! Hyperlink reference not valid.via the Website www.kaspi.kz/shop, the terms of this Contract shall prevail.

12.2. The relationship between the Consumer and the Seller shall be governed by the laws of the Republic of Kazakhstan.

12.3. This Contract may be amended by the Seller unilaterally without notifying the Consumer. The new version of the Contract shall come into force from the date when it is posted on the Website for the Consumer's review.


Appendix No. 1 to the Standard Form Retail Sales Contract for the Goods purchased via electronic trading platform Kaspi

List of warranty and non-warranty events for the IQOS tobacco heating system

1) Non-warranty events:

Damage of the holder

С001

The Cap is damaged

С002

Heating element is damaged

С004

the contacts of the holder charger are damaged

С020

holder is getting stuck or is stuck in the charger

С021

The holder was inserted upside down (wrong side) into the charger

С022

back middle part of the holder body is damaged

С025

paint on the holder has peeled off due to mechanical stress

С027

the buttons of the holder are damaged

С028

the holder is damaged due to overheating (external temperature impact)

C004

The charging Contacts of the Holder are damaged

The charger is damaged

С007

the display is damaged

С010

USB port is damaged

С025

the paint on the charger has peeled off

С026

the charger cover is damaged

С027

the charger buttons are damaged

С028

the charger is damaged due to overheating (external temperature impact)

C005

the latch and cover spring are damaged

C006

the cover open button is damaged

Damage to accessories

С011

damage to the power supply

С012

the USB cable is damaged

С024

the cleaning device is damaged

С028

the accessories are damaged due to overheating (external temperature impact)

Other

C999

An error code that is not indicated in the Error diagram, if the damage was caused by the operation in violation of the user's manual, the recommendations of the seller and/or manufacturer.

2) Warranty events:

A004

Tobacco stick session lasts less than 6 minutes

A006

Holder indicator does not turn on

A008

Holder indicator and Charger indicator do not turn on

A010

Holder indicator is red

A011

Holder indicator is orange

A012

Cleaning indicator is red

A015

Holder indicator is red

A033

Cleaning and holder indicators are red

A034

The charger is not working

A035

Charger indicator is green for 1 sec

B000

A heated tobacco stick caught fire during or at the end of use

B004

Tobacco stick session lasts less than 6 minutes

B006

The Holder charging indicator on the Charger is off

B008

Holder indicator and Charger indicator do not turn on

B010

Holder indicator is lit/ flashing red

B011

The Holder charging indicator on the Charger is lit/ flashing orange

B012

The Holder cleaning indicator is lit solid red

B015

Holder indicator light is red

B018

Holder indicator light is orange, then turns red

B019

Holder indicator light is orange, but functions properly

B023

The aluminum element is not anodized correctly

B028

The cover protrudes from the body

B029

The cover closing mechanism protrudes from the body

B031

The Holder charging indicator on the Charger is lit/ flashing orange

B032

The charger charges the Holder less than 20 times

B033

The Holder cleaning and charger indicators are red

B034

The charger is not working

B035

Charger indicators flash green for 1 second

B999

Unable to determine which item is damaged: the Holder or the Charger

This product is not risk free and provides nicotine, which is addictive.
Only for use by adults who would otherwise continue to smoke or use other nicotine products.

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