Public offer for the sale of goods of the Internet supermarket “FoodHome”
- Terms and definitions
1.1 In this public offer, the following terms have the following meanings:
The seller is the copyright holder of the online store, Alco Market Riviera LLP (BIN: 170 640 013 581, IIC: KZ336010141000361986, Halyk Bank of Kazakhstan JSC, BIC: HSBKKZKX).
Buyer – any individual who intends to make a purchase and / or made a purchase of goods (s) in the online store.
Online store – the seller’s official online store located at the internet address foodhome.kz. Within the framework of this offer, the concepts of an online store and a store, as well as the Internet address foodhome.kz and derivatives from foodhome.kz are equivalent.
Product – products presented in the online store.
- General provisions
2.1 This public offer (hereinafter referred to as the contract) is an official offer of the seller to any individual who has legal capacity and the necessary authority to conclude a contract for the sale of goods with the seller on the conditions specified in this contract, and contains all the essential conditions for the sale and purchase of a remote method through the online store.
2.2 This agreement governs the relationship between the Seller and the Buyer and takes precedence over other documents published in the online store.
3.1 The Seller transfers, and the Buyer accepts and pays for the goods on the terms of this agreement.
3.2 The ownership of the ordered goods passes to the buyer from the moment the goods are actually transferred to the buyer and the buyer pays the full cost of the goods and the full cost of their delivery.
- The moment of conclusion
4.1 The moment of conclusion of the contract is the execution by the buyer of the order of the goods in the online store under the terms of this contract.
4.2 The ordering of goods is carried out in accordance with the description in the section “How to buy”.
4.3 From the moment of conclusion of the contract, the buyer agrees that any data specified by the buyer in the online store:
4.3.1 provided to them voluntarily;
4.3.2 transferred to the seller for the implementation of the objectives specified in this agreement, and may be transferred to third parties for the implementation of the objectives specified in this agreement;
4.3.3 can be used by the seller for the purpose of promoting goods by making direct contacts with the buyer using communication channels, including for the purpose of sending advertising and information from the seller and / or his partners to the buyer.
4.4 The fact that the buyer places an order for goods in the online store is an unconditional fact of acceptance by the buyer of the terms of this agreement.
5.1 The total cost of an order consists of the value of the product (s) and the cost of shipping this product (s) ordered by the buyer in the online store.
5.2 The cost of goods is indicated in tenge on the pages of the online store and is determined by the seller unilaterally.
5.3 The final cost of the goods is determined by the sequential deduction from the cost of the goods of the promotional discount, discount on the promotional code and other discounts.
- Rights and obligations
6.1 The Seller undertakes:
6.1.1 From the moment of the conclusion of this agreement, to fully ensure all obligations to the buyer in accordance with the terms of this agreement, except for cases arising from force majeure, specified in section 9 of this agreement.
6.1.2 Stop processing or ensure the termination of such processing of the buyer’s personal data within thirty calendar days from the date of receipt of the buyer’s written request to stop processing his personal data.
6.2 The seller has the right:
6.2.1 Change this agreement, the cost of the product (s) and tariffs for related services, methods and terms of payment and delivery, terms of promotions and discounts unilaterally, by placing them on the pages of the online store. All changes take effect immediately after their publication and are considered brought to the attention of the buyer from the moment of such publication.
6.2.2 Transfer your rights and obligations to perform the contract to third parties without the consent of the buyer.
6.2.3 Use “cookies” technology when providing the buyer with access to the online store. “Cookies” do not contain confidential information and are not transferred to third parties.
6.2.4 Send advertising and information messages to the buyer using communication channels, the frequency of mailings of which is determined by the seller independently and unilaterally.
6.2.5 If the ordered goods are not in stock, cancel the goods out of stock from the buyer’s order and notify the buyer about it. The prepayment for the canceled item and its delivery is returned to the buyer in full.
6.2.6 Use customer reviews on third-party resources.
6.3 The Buyer undertakes:
6.3.1 Before the conclusion of the contract, familiarize yourself with the content and terms of this contract, the cost of goods and related services, as well as other information posted in the online store.
6.3.2 Register in the online store before placing your first order. Each customer can have only 1 (one) personal account.
6.3.3 Provide reliable and up-to-date information about yourself. The seller is not responsible for the accuracy and correctness of the information provided by the buyer when registering in the online store.
6.3.4 Maintain the confidentiality of your login. The seller is not responsible for the use of the buyer’s login and password by third parties under any circumstances.
6.3.5 Pay for the ordered goods and their delivery under the terms of this agreement.
6.3.6 Submit the buyer’s identity document to the person delivering the ordered goods.
6.4 The Buyer has the right:
6.4.1 Require the seller to stop processing his personal data by notifying him in writing of this.
6.4.2 Pay for the order in any way selected in the online store. The methods of payment for the order are indicated in the “How to buy” section of the online store, are legal and unconditional. For other payment methods not listed in the online store, the seller is not responsible. The risk and consequences for using payment methods other than those specified in the online store are fully borne by the buyer.
6.4.3 If you have any questions about the characteristics and properties of the product (s), contact the seller.
7.1 Delivery of orders is carried out in the territory determined by the seller.
7.2 The seller will make every effort to comply with the delivery times indicated in the online store, however, delays in delivery are possible due to unforeseen circumstances. The seller does not bear any responsibility to the buyer in the event of a delay in the delivery of the order that arose through no fault of the Seller.
7.3 From the moment the goods are actually handed over to the buyer, the risk of accidental loss or damage to the goods passes to the buyer.
7.4 The delivery of the product (s) is carried out directly to the buyer who made this order.
- Return of goods
8.1 The Buyer has the right to refuse the ordered goods within 14 calendar days from the date of its receipt.
8.2 The return of a good quality product is possible if it was not in use, its presentation (packaging, seals, labels), consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product (sales or cash receipt) have been preserved.
8.3 If clause 8.2 is satisfied, the seller refunds the full value of the goods within 10 working days from the date of receipt (return) of the goods from the buyer.
8.4 To process the return of goods of good quality (including due to their exchange), the buyer undertakes to carefully pack the goods and independently, using the services of courier and postal services with delivery “to the door”, send the returned goods to the address specified in the section “About the store” online store by notifying the seller in advance by e-mail. The Buyer is responsible for the packaging and safety of the shipped goods. Together with the goods and accompanying documents, you must also attach a copy of the identity document of the buyer.
- Force majeure
9.1 The parties are exempt from liability for partial or complete failure to fulfill obligations under this agreement, if such failure is a consequence of force majeure circumstances, namely: floods, earthquakes and other natural disasters, military and other military, terrorist acts, and legislatively imposed prohibitive measures, which were not known in advance, if these circumstances directly influenced the execution of this agreement.
9.2 A party referring to force majeure is obliged to notify the other party in writing within two days of the beginning and end of force majeure circumstances that prevent the fulfillment of obligations under this agreement, and to provide evidence of their action. After receiving such a notice, the parties are obliged to immediately decide on the procedure for working to eliminate the problem in order to ensure the continuation of this agreement.
- Other conditions
10.1 The seller is not liable for damage caused to the buyer as a result of improper use of the product (s) ordered in the online store.
10.2 All disputes related to non-fulfillment or improper fulfillment of their obligations under this agreement, the parties will try to resolve during negotiations.
10.3 If no agreement is reached during the negotiations, disputes will be resolved in court.
10.4 FOODHOME does not sell or deliver alcohol at night;
10.5 does not sell or deliver alcohol to minors;
10.6 does not carry out distance selling;
10.7 delivery of alcohol to individuals is carried out in accordance with the Law and does not apply to distance selling