Purchase and sale agreement in an online store
Almaty city
2024
Terms
Client - an individual or legal entity placing Orders on the website, or indicated as the recipient of the Goods.
Seller - Ziylan Kz LLP
Online store - an Internet site owned by the Seller, located on a server in the city and having an Internet address. It presents the goods offered by the Seller to its Clients for placing Orders, as well as the terms of payment and delivery of these Orders to Clients.
Website - https://www.flo.com.kz/
A product is an object of the material world that has not been withdrawn from civil circulation and is presented for sale on the Site.
Order - a duly completed request from the Client for delivery to the specified address of the list of Products selected on the Site.
Client's user account is the Client's personal account in the online store, to which funds are credited in the event of the Client's return or refusal of a previously paid Order. These funds must be used as an advance payment for the Client’s subsequent Orders from the Seller, or returned to the Client in the manner in which the payment was made, with the exception of cash.
Delivery service is a third party that, under an agreement with the Seller, provides services for the delivery of Orders to Clients.
External site - a site on the global Internet, a link to which is posted on the site.
1. General Provisions
1.1. The site is owned and administered by Ziylan KZ LLP .
1.2. By ordering goods through the online store, the Client agrees to the Terms and Conditions for the sale of goods (hereinafter referred to as the Terms) set out below.
1.3. These Terms, as well as information about the Product presented on the Site, are a public offer.
1.4. The Seller reserves the right to make changes to these Terms, and therefore the Client undertakes to regularly monitor changes to the Terms posted in the “Conditions for the sale of goods” section.
1.5. The Customer agrees to the Terms by clicking on the “Place Order” button on the order form when placing an order.
2. Registration on the Site
2.1. To place an Order, the Client must register on the Site.
2.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Client during registration.
2.3. The Client undertakes not to disclose to third parties the login and password specified during registration. If the Client has any suspicions regarding the security of his login and password or the possibility of their unauthorized use by third parties, the Client undertakes to immediately notify the Seller of this by sending an e-mail to the Customer Service at:
3. Order execution and deadlines
3.1. The Client's order can be placed in the following ways: Orders can only be placed online by submitting an application through the website . When ordering online, the following steps are performed:
3.1.1- Having selected the product and the size you want to buy, by clicking the “Add to Cart” button, you can add the selected product to the cart (to select the size, you can use the “Size Chart” section.)
3.1.2- After adding the product to your cart, you can continue shopping or by clicking the “Go to cart” button to complete your order.
3.1.3. If you have a discount code that you can use when placing your order, you can enter it in the "Campaign Code/Coupon" field and click the "Submit" button. Your discount will then be applied to your shopping cart. After this, you can continue purchasing.
3.1.4- Please fill in the address details on the page that opens and continue.
3.1.5- Select your preferred payment method and enter your payment details.
3.1.6- Click “Checkout” to complete your purchase.
3.2. After placing an order, the Client is provided with information about the expected date of transfer of the Order to the Delivery Service. This date means the period within which the Seller undertakes to transfer the Client’s Order to the Delivery Service chosen by him when placing the Order. The specified date depends on the availability of the ordered Goods in the Seller’s warehouse and the time required to process the Order.
3.3. If the Customer places an Order for the Product in a quantity exceeding units of one product name, and if the Seller does not have the required quantity of the ordered Product in stock, the Seller informs the Customer about this by sending an electronic message. The message is sent to the email address specified during registration. The Client has the right to agree to accept the Goods in the quantity available to the Seller, or to cancel this item of the Goods from the Order. If the Client does not respond within days, the Seller reserves the right to cancel this Product from the Order.
3.4. The expected delivery time of the Goods to the Seller’s warehouse will be sent to the email address specified during registration. The deadline for receiving the Order by the Client depends on the address and region of delivery, the operation of a specific Delivery Service, and does not directly depend on the Seller.
3.5. All information materials presented on the Site are for reference only and cannot fully convey reliable information about the properties and characteristics of the Product, including colors, sizes and shapes. If the Client has any questions regarding the properties and characteristics of the Product, before placing an Order, the Client must contact the Seller.
3.6. If the ordered Goods are not in the Seller's warehouse, including for reasons beyond the Seller's control, the Seller has the right to cancel the specified Goods from the Client's Order and notify the Client about this by sending an email to the address.
4. Delivery
4.1. The delivery area for some types of goods is limited to the Republic of Kazakhstan. These include : all products posted on the website .
4.2. The Seller will make every effort to comply with the delivery times indicated on the Site, however, delays in delivery are possible due to unforeseen circumstances that are not the fault of the Seller.
4.3. The risk of accidental loss or accidental damage to the Goods passes to the Client from the moment the Order is transferred to him and the Client signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller reimburses the Client for the cost of the Order prepaid by the Client and delivery after receiving confirmation of the loss of the Order from the Delivery Service.
4.4. Method of delivery of goods : delivery of goods is carried out by courier companies with which the seller has concluded an Agreement.
4.5. The delivery cost of each Order is calculated individually, based on its weight, region and delivery method, and sometimes the form of payment.
4.6. Upon delivery, the Order is handed over to the person indicated as the Recipient of the Order, or to a person authorized by the Recipient who has provided a power of attorney in notarized form for the right to receive the Order.
4.7. To avoid cases of fraud, as well as to fulfill our obligations in clause 4.6. , when delivering a prepaid Order, the person delivering the Order has the right to request an identification document of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt for the Order. The Seller guarantees the confidentiality and protection of the Recipient’s personal information ( clause 9.3.1. ).
5. Payment for the Goods
5.1. The price of the Product is indicated on the Site. In the event of an incorrect indication of the price of the Goods ordered by the Client, the Seller will inform the Client about this as soon as possible in order to confirm or cancel the Order. If it is impossible to contact the Client, this Order is considered cancelled. If the Order has been paid, the Seller returns to the Client the amount paid for the Order by transferring it to the Client’s User Account.
5.2. The price of the Product on the Site can be changed by the Seller unilaterally. In this case, the price of the Product ordered by the Client is not subject to change
5.3. Methods of payment for the Goods are indicated on the Site in the “Payment Methods” section.
5.4. If the Goods are paid in advance, the Order is accepted for processing only after the Client’s funds are credited to the Seller’s bank account. In this case, the Goods for the Order are not reserved, and the Seller cannot guarantee the availability of the Goods in the Seller’s warehouse indicated at the time of placing the Order; as a result, the processing time for the Order may increase.
5.5. Features of paying for goods using bank cards
5.5.1. In accordance with the Resolution of the Board of the National Bank of the Republic of Kazakhstan dated August 24, 2000 No. 331 “On approval of the Rules for the issuance of payment cards, as well as requirements for activities for servicing transactions using them on the territory of the Republic of Kazakhstan,” transactions with bank cards are carried out by the card holder or his authorized representative face.
5.5.2. When paying for the Goods using a bank card at the Order Pickup Point, the Customer must present an identification document.
5.5.3. The procedure for payment using bank cards is indicated on the Site in the “Payment Methods” section.
5.5.4. Authorization of transactions on bank cards is carried out by the bank. If the bank has reason to believe that the operation is fraudulent, the bank has the right to refuse to carry out this operation. Fraudulent transactions with bank cards fall under Article 190 of the Criminal Code of the Republic of Kazakhstan.
5.5.5. According to the Criminal Code of the Republic of Kazakhstan, fraud is the theft of someone else's property or the acquisition of rights to someone else's property through deception or abuse of trust.
5.5.6. To avoid cases of fraud when paying with bank cards, all Orders placed on the Site are checked by the Seller. If the Order is paid for by the cardholder and a person other than the cardholder is indicated as the Recipient of the Order, such Order will be delayed for additional verification. The Client who has placed such an Order is obliged, upon request from the Seller’s employee, to provide a copy of two pages of his passport - a double-page spread with a photograph, as well as a copy of the bank card on both sides (the card number must be covered except for the last four digits). If the Order is placed and paid for by a person authorized by the bank card holder, then in addition to the above documents, it is necessary to provide a copy of the power of attorney from the card owner, issued in the name of the specified person, to carry out transactions on the card, certified by the issuing bank. If the Client fails to provide the specified documents (by fax or email in the form of scanned copies) within days from the date of placing the Order or there are doubts about their authenticity, the Seller reserves the right to cancel the Order. The cost of the Order is returned to the owner’s card.
5.6. The Seller has the right to provide the Customer with discounts on the Product. The types of discounts, the procedure and conditions for accrual are indicated on the Site and can be changed by the Seller unilaterally.
6. Return of Goods
6.1. The Customer has the right to refuse the ordered Product at any time before receiving it, and after receiving the Product - within fourteen calendar days. Return of a Product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified Product are preserved.
6.2. The Client does not have the right to refuse a Product of proper quality that has individually defined properties if the specified Product can be used exclusively by the Client purchasing it.
6.3. The Client does not have the right to return Goods of proper quality specified in Article 30 of the Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV “On the Protection of Consumer Rights”.
6.4. The Customer may return the Product of inadequate quality to the manufacturer or Seller and demand a refund of the amount paid within the warranty period, expiration date, or, if such a period is not established, within a reasonable period not exceeding 60 days. The Customer may also demand replacement of Products of inadequate quality or elimination of defects.
6.5. The amount of money paid for the Goods, with the exception of the Seller’s expenses for delivery of the returned Goods from the Client, is subject to return to the Client within 30 days from the date of receipt by the Seller of the Client’s written application in the method used by the Client when paying for the goods (except for payment through payment systems - Money - the refund is made by bank transfer to an account opened by the Client in any bank) or, upon written request from the Client, this amount of money can be transferred to his User Account.
7. Intellectual property
7.1. All text information and graphic images on the Site are the property of the Seller and/or its suppliers.
8. Guarantees and liability
8.1. The Seller is not responsible for damage caused to the Client due to improper use of the Products ordered on the Site.
8.2. The Seller is not responsible for the content and operation of External Sites.
8.3. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the Client to third parties.
9. Confidentiality and protection of personal information
9.1. Providing information by the Client:
9.1.1. When registering on the Site, the Client provides the following information: last name, first name, email address, phone number and indicates gender . This information must be provided when registering on the website . When registering on the website, the buyer accepts the following conditions: I have read and accept Terms of use. I have read and accept Terms and conditions of use of Ziylan KZ LLP and in this regard I agree to the collection and processing of my x personal data , depending on my shopping habits, for tracking the sales and marketing of products and services, conducting market research, planning and/or executing activities to meet customer needs, and for the purpose of conducting its business and sending advertising, promotions, campaigns and similar commercial electronic messages to my contact information .
9.2. Use of information provided by the Client and received by the Seller.
9.2.1 The Seller uses the information:
• to register the Client on the Site;
• to fulfill its obligations to the Client;
• to evaluate and analyze the operation of the Site;
• to determine the winner of promotions conducted by the Seller.
9.2.2. The Seller has the right to send advertising and informational messages to the Client. If the Client does not wish to receive mailings from the Seller, he must change the appropriate subscription settings in the “Available services” section - “Update registration data”. To log in you must enter your username and password.
9.3. Disclosure of information received by the Seller:
9.3.1. The Seller undertakes not to disclose information received from the Client. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of an agreement with the Seller to fulfill obligations to the Client.
9.3.2. There is no breach of obligation to disclose information in accordance with reasonable and applicable legal requirements.
9.4. The seller has the right to use “cookies” technology. Cookies do not contain confidential information and are not transferred to third parties.
9.5. The Seller receives information about the IP address of the Site visitor. This information is not used to identify the visitor.
9.6. The Seller is not responsible for the information provided by the Client on the Site in a publicly accessible form.
10. Other conditions
10.1. The legislation of the Republic of Kazakhstan applies to the relationship between the Client and the Seller.
10.2. If any questions or complaints arise from the Client, he must contact the Seller’s Customer Service by phone or through the Feedback form on the Website. The parties will try to resolve all disputes that arise through negotiations; if no agreement is reached, the dispute will be referred to a judicial authority in accordance with the current legislation of the Republic of Kazakhstan.
10.3. Recognition by a court of the invalidity of any provision of these Terms and Conditions does not entail the invalidity of the remaining provisions.