OFFER AND AGREEMENT
Effective from December 6, 2018 until entry of new Offer or Agreement versions into force
Terms and Definitions
This Offer and Agreement contains the following terms and definitions: Offer or Agreement shall collectively mean representation of information concerning the Goods sold via the Website, offer to buy the Goods under the terms and conditions set forth below, all such terms, conditions and data including special conditions and information included hereinafter by reference; Order shall mean duly executed request of the Buyer for purchase and delivery of the Goods selected on the Website to the address specified by the Buyer; Seller shall mean Philip Morris Kazakhstan LLP located at 90, Iliyas Zhansugurov str., Otegen Batyr Settlement, Ili District, Almaty Region, 040700, Republic of Kazakhstan with the contacts as follows: telephone: 8-8000-80-12-21 (toll free), e-mail: firstname.lastname@example.org; User shall mean an individual visitor of the Website registered on the Website and wishing to place an Order; Buyer shall mean a User who has duly placed an Order; Website shall mean the Seller’s Website at WWW.IQOS.COM; Help Desk shall mean the Seller’s division in charge for receipt and performance of Orders and organisation of Goods delivery, telephone: 8-8000-80-12-21 (toll free); Goods shall mean any goods specified in catalogue section of the Website.
1. General Provisions
The Seller sells the Goods via the Website at WWW.IQOS.COM. Goods information presented on the Website as well as purchase terms and conditions set forth below constitute an offer in accordance with the Republic of Kazakhstan laws and regulations. Besides, purchase terms and conditions contain contract signing procedure, which shall be provided with an offer in electronic form in accordance with the Electronic Commerce Rules approved by Order No. 720 of the Acting Minister of National Economy of the Republic of Kazakhstan dated November 25, 2015. The Seller sells and the Buyer buys the Goods described in the Website Catalogue under the purchase terms and conditions set forth in the Offer below. All rights and obligations of the Seller and the Buyer shall be governed by the Agreement and the Republic of Kazakhstan laws and regulations. By placing his/her Order via the Website, the User agrees with the Goods purchase terms and conditions stated in the Agreement. The Offer contains all material purchase terms and conditions including information of the Goods offered for sale and purchased. User registration on the Website shall serve as confirmation of proposal to sign the Agreement and receive the Offer. The Offer shall be deemed accepted (acceptance shall be deemed effected by the Buyer) upon completion of the Order registration procedure. Offer acceptance by the Buyer shall serve as confirmation that he/she has read, understood and agreed to the Goods purchase terms and conditions and acknowledgement of the Buyer’s consent to sign the Goods Purchase Agreement with the Seller under the terms and conditions of this Offer.
2. Registration on the Website
Registration on the Website shall be done through the < a href="index.php?dispatch=profiles.add" >Registration section . Registration on the Website is obligatory for ordering. Persons under eighteen years of age may not register on the Website and must leave the Website immediately. Registration on the Website entitles the User to make an Order. The Seller shall not be liable for accuracy and correctness of any information provided by the User at registration. The User shall not disclose his/her password specified by the User during the registration process to any third parties. Should the User have any concerns over the safety of his/her password or possible unauthorized use of the User account by any third parties, the User must immediately change his/her password on the Website.
3. Goods and Purchase Procedure
The Seller hereby represents and warrants to the Buyer that the Goods described on the Website meet all requirements of the technical regulations and standardization documents. The Buyer’s Order shall be made in accordance with the procedures described in this section below. The Buyer shall be fully liable for presentation of incorrect data, which have made it impossible for the Seller to adequately perform the obligations to the Buyer. To get clarifications concerning the Goods or further information on the Goods value return terms and conditions, the Buyer may contact the Help Desk by phone 8-8000-80-12-21 or send a message at email@example.com . The Seller may change the Goods transfer date in a unilateral manner, if the Seller believes that there are objective reasons to do so. Should any Goods ordered by the Buyer be out of the Seller’s stock, the latter may remove such Goods from the Order or cancel the Buyer’s Order having notified the Buyer thereof by phone or e-mail specified by the latter. Should the Seller cancel any Order which has been prepaid by the Buyer in full or in part, the Seller shall return the value of such prepaid Goods to the Buyer in the manner such Goods have been paid for or otherwise as agreed by the parties. Order procedure: The Buyer shall order the Goods as follows:
- Go to Buy Online, select Goods from the Catalogue and add chosen Goods to Cart;
- Weight of Goods in Cart shall not exceed 5 kg. This restriction applies from publication of this Offer;
- Check whether Goods in Cart match the Goods chosen and, where necessary, add or remove Goods from Cart, then press Submit Order button;
- Check first name, last name and phone number in Personal Data section and specify the delivery address in the respective field through selection of city from the drop-down list, state postal code, house number, apartment number (if applicable), and then press Further button to switch to Delivery section;
- Select a delivery method from the offered list (if any) in Delivery section, then press Further button to switch to Order Confirmation section;
- See the total cost of the Order including delivery in Order Confirmation section and select a method of payment from the offered list;
- Confirm awareness of and acceptance of the Agreement and the Offer including Delivery terms and conditions by marking the relevant field, then press Pay button;
- Enter bank card details on payment page at http://epay.kkb.kz and perform other actions required for payment. Then return to the Website WWW.IQOS.COM where the system will show the Order number in case of successful payment authorization. If authorization is confirmed, the Order will be automatically fulfilled in accordance with the specified conditions;
- Upon successful payment for the Order the Buyer will receive an electronic message with the Order confirmation and details to e-mail address specified by the Buyer to register on the Website.
4. Payment for Goods
Price of the Goods sold via the Website is stated in KZT and includes value added tax. Price of the Goods is stated on the Website. Should price of the Goods ordered by the Buyer appear incorrect, the Seller shall inform the Buyer of the fact to confirm the Order at the revised price or cancel the Order. Should it appear impossible to contact the Buyer, the Order in question shall be deemed cancelled. In case such Order has been paid, the Seller shall return the amount so paid to the Buyer following the procedure prescribed by this Agreement. The Seller may change the Goods price on the Website in a unilateral manner. This being the case, the price of the Goods ordered by the Buyer shall not be changed, save in the event of incorrect price stated by the Seller. Expenses incurred by the Seller to deliver the Goods to the Buyer are not included in the Goods cost. Delivery shall be paid at the rates specified on the Website for the certain delivery terms and conditions as at the time of the ordering procedure completion. Cost of delivery shall be calculated with due account for the delivery address specified by the Buyer, weight of the Order and delivery method selected, while the weight of one Order (including volumetric weight according to the courier) shall not exceed 5 kg. This restriction applies from publication of this Offer. The Seller may deliver Orders free of charge in accordance with the Seller’s terms and conditions and provided that such terms and conditions are met by the Buyer in full. Ordered Goods may be paid through 100% (hundred percent) advance payment by the Buyer using his/her bank card. Payment for the Order using a bank card shall be made on Kazkommertsbank JSC’s payment page. When Goods are paid for online using a bank card, Kazkommertsbank JSC protects and processes the Buyer’s bank card data in accordance with Payment Card Industry Data Security Standard (PCI DSS). The Buyer’s bank card details are only transmitted in encrypted state and not stored on the Website. The Seller has no access to the Buyers’ bank card details and does not store such data. Safe processing of internet-based payments is guaranteed by Kazkommertsbank JSC. For information about the rules and methods of the additional identification the Buyer can request the bank that issued the bank card. If online payment using the Buyer’s bank card is impossible for any reasons whatsoever, the Buyer cannot purchase the Goods using the bank card until the system is recovered. Should the Buyer have any questions concerning the Order submitted, the Buyer may contact the Help Desk of the Seller by phone 8-8000-80-12-21.
5. Delivery of Goods
The Seller offers delivery of the Goods bought. Delivery ways, costs and estimated deadlines are specified in delivery terms and conditions of the Order. Maximum delivery time varies depending on the delivery address, method and availability of the Goods to be delivered at the Seller’s warehouse. The Buyer can monitor the Order progress in My account section on the Website. Goods are delivered throughout the Republic of Kazakhstan. Delivery can be delayed due to unforeseen circumstances through no fault of the Seller. In case of failure to deliver the Goods due to absence of the latter at the place of delivery for a good reason, the Buyer should call the Help Desk by phone 8-8000-80-12-21 (from 10:00 AM to 7:00 PM, Astana time, Monday to Sunday). Upon delivery the Order shall be handed over to the Buyer. At the request of the Buyer, the Order may be handed over to any third person who has attained the age of eighteen and can provide the Order details (parcel number and Recipient name). (Hereinafter the Buyer and such third person are referred to as the Recipient). The Recipient shall show his/her original identity document. The Seller may refuse to fulfil the Order and hand over the Goods any time, if a person under eighteen year old intends to receive the Goods. Risk of accidental loss or damage of the Goods shall pass to the Buyer upon transfer of the Order (Goods) thereto and signing by the Order Recipient of the documents confirming the Order delivery. In case of failure to deliver the Order, the Seller shall compensate the Buyer for the Order and delivery prepaid by the Buyer in full upon receipt of the Order loss confirmation from the Seller. The Seller’s obligation to transfer the Goods to the Buyer shall be deemed discharged upon delivery of the Goods to the Recipient by the courier. When accepting the Order from the courier, the Recipient shall examine the Goods delivered and check them for conformity to the declared quantity, contents, completeness of the Goods and package integrity. Claims absent, the Recipient shall sign the accompanying delivery note or delivery list given by the courier. Signature in the delivery documents attests to the fact that the Recipient has no claims to the Goods and the Seller has duly met the obligation to transfer the Goods. Should there be any claims to the Goods delivered (shortage, enclosure of Goods other than those specified in the list of enclosures), the courier shall prepare the Nonconformance Report as instructed by the Recipient and the Goods shall not be transferred to the Buyer, save for cases when the Buyer chooses to accept such Goods and makes the respective mark in the Handover Certificate and Delivery List. This being the case, the Seller’s Help Desk shall contact the Buyer upon receipt of the information from the courier to determine further actions to deliver proper Goods or return funds, if the Buyer refuses to accept the Goods. The User understands and agrees that delivery is a separate service which is not an integral part of the Goods purchased by the Buyer and which comes to an end upon receipt of the Goods by the Recipient and payment therefor. Consequently, delivery of the Goods in order to realize the Buyer’s rights under warranty, exchange or return adequate quality Goods shall not imply return or compensation of the Goods delivery costs.
6. Return of Goods and Amounts Paid. Goods Exchange
Goods shall be returned to the following address: Nonresidential facility 30 at 111/48А, Furmanov str., Almaly District, Almaty, Republic of Kazakhstan, Philip Morris Kazakhstan LLP.
Return of adequate quality Goods:
the Buyer may reject any ordered Goods at any time prior to or after receipt thereof within 14 (fourteen) calendar days. Return of adequate quality Goods is possible if it has not been in use, its trade dress, consumer properties, seals, labels, and the document confirming the fact and conditions of such Goods purchase (delivery note, receipt) are preserved. In case of the above Goods rejection by the Buyer, the Seller shall return the cost thereof less expenses incurred by the Seller to deliver the Goods returned by the Buyer, within 15 calendar days from the date of the returned Goods receipt at the Seller’s warehouse with the Application for Goods Return completed by the Buyer and the following documents: fiscal sales receipt, delivery note, and a copy of identity document. Should any Goods ordered by the Buyer appear to be out of the Seller’s stock, the Buyer may repudiate this Agreement and require return of the amounts paid for such Goods. The Seller shall return the amounts paid for the Goods which are out of the Seller’s stock within 15 calendar days from receipt of the respective claim from the Buyer.
Exchange of adequate quality Goods:
The Buyer may exchange any adequate quality goods purchased thereby for other Goods as agreed by the Pastries within 14 calendar days from handover of such adequate quality Goods with the necessary resettlement of accounts with the Seller in case of difference in price, if any, and payment of the Goods delivery expenses. Should any Goods needed for exchange be out of the Seller’s stock, the Buyer may return the Goods bought to the Seller and receive the amount paid therefor as described above.
Return of inadequate quality Goods:
Goods of inadequate quality means a product that is defective and cannot ensure the performance of its functional qualities. All Goods received by the Buyer must match the description on the Website. The difference in design or design elements from the ones stated in the description on the Website is not a sign of inadequate quality. The appearance and completeness of the Goods, as well as the completeness of the whole Order must be verified by the Recipient at the time of delivery of the Goods. After receiving the Order, claims for external defects of the Goods, its quantity, completeness and merchantability are not accepted. If the Buyer has received the Goods of inadequate quality and it was not agreed in advance by the Seller, the Buyer may use the provisions of the republic of Kazakhstan Consumer Rights Protection Act No. 274-IV enacted on May 4, 2010. Claims for return of the amount paid for the Goods shall be satisfied within 15 calendar days from the date of the relevant claim. Cost of the Goods and delivery paid shall be returned by transfer to a bank card.
Exchange of inadequate quality Goods:
The Buyer may exchange any Goods of inadequate quality for the Goods of similar mark (model). This being the case, the Buyer should contact the Seller’s Help Desk by phone 8-8000-80-12-21. When replacing the Goods (component parts), the guarantee period shall not be recalculated.
In case any exchange, replacement or return of the Goods is required and the Buyer is enable to do so by visiting any of the Domestic Trade Facilities of the Seller, the Buyer should contact the Seller’s Help Desk by phone 8-8000-80-12-21 (toll free throughout Kazakhstan) to determine the reasons of exchange, replacement or return of such Goods, diagnose the Goods condition and spot an opportunity for exchange, replacement or return of the Goods by courier service.
The Seller shall not be liable for any damage to the Buyer through improper use of the Goods purchased via the Website. The Seller shall be liable for direct, actual, documented damage only to the extent of the ordered Goods value and resulting from the Seller’s failure to meet the Agreement. The Seller shall not be liable for commercial or business losses (including, inter alia, loss of revenue, profit, contracts, anticipated savings, data and reputation, and unreasonable expenditure), indirect or consequential loss fairly unforeseeable at the time of entering into the Agreement or beginning of the Website use by the Buyer.
8. Confidentiality and Data Protection
Personal information of the User/Buyer is processed in accordance with the Republic of Kazakhstan Personal Data Protection Act No. 94-V enacted on May 21, 2013. Personal Data Collection and Processing Consent/Consent Withdrawal shall be received through exchange of electronic messages or otherwise. To register on the Website, the User shall provide the following information: first name, father’s name, last name, contact phone number, e-mail address, date of birth, sex, address. By giving personal data to the Seller, the User/Buyer consents to processing of such data by the Seller for the purposes of performance by the Seller of the obligations to the User/Buyer under this Agreement, organisation of the Goods delivery to the Buyer, monitoring of the User/Buyer satisfaction and quality of the Goods. Messages used to inform the User/Buyer of the Order and its progress are sent automatically and cannot be rejected by the User/Buyer. The Seller may record telephone conversations with the User/Buyer. In doing so the Seller shall prevent attempts of unapproved access to any information received in the course of telephone conversations and/or transfer of the same to any third parties, which bear no direct relation to fulfilment of the Orders.
9. Additional Conditions
Relationships between the User/Buyer and the Seller shall be governed by the Republic of Kazakhstan laws and regulations. The Seller may amend the Agreement in a unilateral manner without notice to the User/Buyer. Amended Agreement shall come into force upon the expiry of 3 (three) calendar days from publication on the Website unless otherwise provided herein. After amended Agreement has become effective, where necessary, the Buyer may get the previous version of the Agreement upon request to the Help Desk by phone 8-8000-80-12-21. Agreement may be terminated as agreed by the Parties or through unilateral repudiation of the Agreement (Agreement repudiation) on the grounds provided for by the Agreement and the Republic of Kazakhstan laws and regulations. Website and services can be temporarily unavailable, in full or in part, due to routine maintenance or other works and any other technical reasons. The Seller may perform routine maintenance or other works as necessary on a regular basis with or without prior notice to the Buyer. In case of any questions and claims on the part of the User/Buyer, the latter should contact the Seller by phone 8-8000-80-12-21. The Parties shall take every effort to settle all arising disputes through negotiations. In case of failure by the Parties to agree, the respective dispute can be referred to judicial authorities in accordance with the Republic of Kazakhstan effective laws and regulations. Should any provision of this Agreement be ruled invalid by court, the other provisions shall remain in full force and effect.