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Terms and definitions.
In this offer, unless otherwise indicated in the context, the following terms have the following meanings and are an integral part of it:
"Seller", "Operator" - a group of companies with represented legal entities IP "Safaryan E. A.", IP "Pavlysh T. P.", IP "Fomin D.A.", IP "Parfenov A.V." established in accordance with the legislation of the Republic of Kazakhstan and engaged in entrepreneurial activities for the sale of Goods, including remote in a way.
"Buyer", "User" - any individual who has accepted (accepted) this offer on the following conditions and provided the Seller with his personal data by registering on the Website and/ or in the Mobile Application, which can be used by the Seller to place the Buyer's Order.
"Website" is the official web page of the Seller on the website https://barkhanburger.starterapp.ru
"Online Store" is the official online store of the Seller for the sale of Goods posted on the Website in a Mobile application.
"Goods" is a list of the Seller's products presented on the Website and in the Mobile Application.
"Order" is a request made by the Buyer in the Online store for the purchase and delivery of Goods selected by the Buyer in the Online store and provided to the Seller via the Internet (electronic form posted on the Website, Mobile application).
"Courier service" - persons who provide services for the delivery of Goods ordered by the Buyer in the interests of the Seller.
For the purposes of this offer, terms and definitions in the singular also apply to terms and definitions in the plural and vice versa.
The terms of this offer apply to the Website and the Mobile Application, unless otherwise expressly provided for in this offer.
1. General provisions
1.1. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the "Civil Code of the Republic of Kazakhstan"), this document is a public offer addressed to individuals, and if the conditions set out below are accepted, the individual undertakes to pay for the Goods on the terms set out in this offer. In accordance with paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan, the moment of final confirmation of the Order by the Buyer is the acceptance of the Seller's offer, which is equivalent to the conclusion of a Retail Sale Agreement (hereinafter referred to as the "Agreement") The Product is subject to the conditions set out in this offer, on the Website and in the Mobile Application.
1.2. The Seller and the Buyer guarantee that they have the necessary legal and legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Contract. In accordance with the Law of the Republic of Kazakhstan dated 07/16/1999 No. 429-1 "On State regulation of the production and turnover of ethyl alcohol and alcoholic beverages", the sale of alcoholic beverages is prohibited to persons under the age of 21. Courier service employees have the right to demand to present a passport or other document certifying the age of the Buyer.
1.3. By ordering Goods through the Online Store, the Buyer unconditionally accepts the terms of this offer and agrees to the terms of the Seller's privacy policy. The Product Order placed by the Buyer on the Website and in the Mobile Application is a confirmation of the Contract concluded between the Seller and the Buyer.
1.4. The provisions of the Civil Code of the Republic of Kazakhstan (including the regulation on retail sale (Chapter 25, § 2), the Law of the Republic of Kazakhstan "On Consumer Rights Protection" dated 05/04/2010 No. 274-IV and other regulatory legal acts of the current legislation of the Republic of Kazakhstan (hereinafter referred to as this offers – "RK").
1.5. The Seller reserves the right to make changes to this offer, in connection with which the Buyer undertakes to independently monitor the presence of changes in this offer posted on the Website, in the Mobile Application. The Seller is obliged to post a notification of changes to this offer on the Website or in the Mobile Application in the form of an information message no later than 3 (Three) business days before the date of their entry into force.
2. Subject of the Agreement
2.1. The Seller transfers and sells the Goods at the prices shown on the Website, in the Seller's Mobile Application, and the Buyer makes the payment and accepts the Goods in accordance with the terms of this offer.
2.2. The right of ownership of the Goods passes to the Buyer at the time of acceptance of the Goods by the Buyer and payment by the latter of the full cost of the accepted Goods. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are accepted by the Buyer.
3. Rights and obligations of the parties
3.1. The Seller undertakes to:
3.1.1. from the moment of acceptance of this offer, ensure the fulfillment of its obligations to the Buyer on the terms established by this offer and in accordance with the requirements of the current legislation of the Republic of Kazakhstan. The Seller reserves the right to refuse to fulfill its obligations in the event of force majeure ("force majeure") in accordance with Section 9 of this offer;
3.1.2. process and store the Buyer's personal data provided to the Seller, ensure their confidentiality and not provide access to this information to third parties, except in cases provided for by the current legislation of the Republic of Kazakhstan. By accepting (accepting) this offer, the Buyer confirms his consent and authorizes the Operator to process his personal data, including: surname, first name, patronymic; delivery address; phone number. The processing of personal data in this offer means: the collection of the above data, their systematization, accumulation, storage, clarification (updating, modification), use, blocking, destruction.
3.1.2.1. The Operator has the right to transfer the Buyer's personal data to the Courier Service in order to deliver the Goods ordered by the latter to the Buyer.
3.1.2.2. The Buyer agrees and authorizes the Operator and its services to process the Buyer's personal data using automated database management systems, as well as other software and hardware tools. Work with such systems is carried out according to the algorithm described above in paragraph 3.1.2. (collection, systematization, accumulation, storage, clarification, use, blocking, destruction).
3.1.2.3. The Operator has the right to independently determine the methods of processing the Buyer's personal data (including, but not limited to: automatic verification of postal codes with a database of codes/ indexes, automatic verification of the spelling of street names / settlements, segmentation of the database according to specified criteria, etc.).
3.1.2.4. The Operator ensures the confidentiality of the personal data provided by the Buyer, their protection from copying and distribution. At any time, the Buyer has the right to request a list of his personal data and/or request to change or destroy his personal data by calling the Operator by phone, specifying the name, patronymic, surname and delivery address.
3.1.2.5. The Seller undertakes to prevent attempts of unauthorized access to the Buyer's personal data provided to the Seller; to detect and prevent such attempts in a timely manner.
3.2. The Seller has the right to change the terms of this offer; prices for Goods indicated in the Online store; terms of payment and delivery of Goods; methods, terms and territory of delivery of Goods; as well as other conditions specified in this offer posted on the Website, in the Mobile Application.
3.3. The Buyer undertakes to:
3.3.1. before placing an Order on the Website, in the Mobile Application - to familiarize yourself with the content and conditions set out in this offer, as well as with other conditions specified on the Website, in the Mobile Application, including the prices of Goods set in the Online store, the delivery area of Goods and the minimum Order value, which must be done in order for it to be delivered to the Buyer;
3.3.2. provide reliable personal data necessary to identify the Buyer and sufficient to complete the transaction with the Seller and deliver the Goods ordered to the Buyer;
3.3.3. pay for the ordered Goods on the terms of this offer;
3.3.4. not to use the Goods ordered from the Online store for business purposes;
3.3.5. comply with the conditions set out in this offer, as well as other conditions specified on the Website, in the Mobile Application.
3.4. The Buyer has the right to:
3.4.1. use the Online Store after registering a User account. The account data is exclusive and non-transferable. If the Buyer transfers the account data to a third party, the Buyer is fully responsible for the actions committed by such third parties, as well as for losses caused by such third parties to the Seller;
3.4.2. to receive information (advertising messages, mailing) about the ongoing promotions in the form of SMS messages over mobile radiotelephone networks to the subscriber phone number specified during registration. The user has the opportunity to unsubscribe from the mailing list at any time, as well as subscribe to the newsletter again;
4. Registration in the online store
4.1. In order to obtain the right to use the Online Store, the Buyer undertakes to register a User account on the Website, in the Mobile Application.
4.3. Registration will be considered completed after the User correctly enters the password received from the Operator in an SMS message.
4.4. By performing actions to register a User account in the Online Store, the User accepts the terms of this offer in full and without any exceptions.
4.5. Registration of the Buyer allows to avoid unauthorized actions of third parties on behalf of the Buyer and gives the latter access to additional services of the Online store. The transfer of the login and password by the Buyer to third parties is not allowed.
4.6. The order of the Goods is carried out by the Buyer on the Website, in the Mobile application. Only registered Customers (Users) can place an Order.
4.7. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
5. Execution and deadlines of the order
5.1. The Customer's Order can be placed by phone and/or by filling out an electronic Order form on the Website or in a Mobile Application.
5.1.1. When placing an Order by phone or via an electronic form on the Website or in a Mobile Application. The Buyer hereby confirms that he is familiar with the terms of this offer and undertakes to provide the Seller with all the information necessary for the proper execution and execution of the Order.
5.1.2. When placing an Order through the Website or Mobile Application, the Buyer fills out an electronic Order form and sends the generated Order to the Seller by confirming the Order in electronic form.
5.2. If the required quantity or assortment of Goods ordered by the Buyer is not available in the Seller's warehouse, the Seller informs the Buyer about this by phone within 30 minutes after receiving the Order from the Buyer. The Buyer has the right to agree to accept Goods in a different quantity or assortment, or cancel his Order. In case of non-receipt of the Buyer's response, the Seller has the right to cancel the Buyer's Order in full.
5.3. The Buyer does not have the right to change the composition of the Order.
5.4. If the Buyer has additional questions regarding the properties and characteristics of the Goods, before placing an Order, the Buyer must contact the Seller by phone indicated in the lower right part of the site to obtain the necessary information, in accordance with the operating mode indicated on the Site, in the Mobile Application.
6. Delivery Of Goods
6.1. If the Goods were not transferred to the Buyer due to the latter's fault, the Buyer's refusal to accept and/or pay for the Goods ordered by him, a false call, the Seller has the right to block the login (subscriber phone number) The buyer.
6.2. Delivery of Goods is carried out by Courier service to the actual address specified by the Buyer when placing an Order on the Website, in the Mobile Application.
6.2.1. Delivery of Goods to addresses outside the delivery area is not carried out.
6.2.3. The delivery time of the Order is from 30 to 90 minutes, depending on the location of the Buyer. The Seller will make every effort to comply with the delivery deadlines set out in this offer and/ or on the Website, in the Mobile Application.
6.3. Delivery is carried out on condition that the Buyer places an Order for the amount of the minimum order. The minimum order amount is determined unilaterally by the Seller and is indicated on the Website, in the Mobile Application.
7. Payment For Goods
7.1. Prices for Goods are determined unilaterally by the Seller and indicated on the Website, in the Mobile Application in tenge of the Republic of Kazakhstan. The price of the Goods can be changed unilaterally by the Seller. At the same time, the price of the Goods ordered by the Buyer cannot be changed.
7.2. The Buyer can order only those Goods that are available from the Seller at the time of placing the Order.
7.3. Payment for Goods by the Buyer is made in tenge of the Republic of Kazakhstan in one of the following ways:
7.3.1. in cash:
7.3.1.1. payment is made upon receipt of the Goods, which is confirmed by a cash register or receipt provided by an employee of the Courier Service.
7.3.2. by wire transfer, by transferring funds to the Seller's current account. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the corresponding funds are debited from his personal account.
8. Return and exchange of Goods, refund of funds
8.1. The Seller is obliged to transfer to the Buyer the Goods that fully comply with his Order, the quality of which corresponds to the information provided to the Buyer at the conclusion of the Contract.
8.2. Upon receipt of the Goods, the Buyer checks the conformity of the received Goods to the Order, completeness and absence of complaints about the appearance of the delivered Goods. In case of receipt of substandard, incomplete Goods, or inconsistency of the received Goods with the ordered one, the Buyer has the right to demand replacement of such Goods with Goods of proper quality immediately at the time of receipt, or to contact the Seller with a request for a refund of the money paid within 5 minutes after receipt of the Goods. In case of refusal of the order due to receipt of low-quality received goods, the Buyer undertakes to return the received order to the seller. If the Buyer refuses to return the order, the Seller has the right to refuse to refund the paid funds to the Buyer.
If the order was paid by bank card, the funds will be returned to the bank card within 14 (fourteen) days from the date of receipt of the Buyer's request and its satisfaction by the Seller in correspondence with the Buyer. If the order was paid in cash, the funds will be returned in cash by the cashier when ordering at the restaurant, by the Courier Service when ordering on the Website, in the Mobile Application.
The decision to refund the funds is made by the Seller, taking into account the requirements of the legislation of the Republic of Kazakhstan and all the circumstances.
8.3. In case of non-fulfillment of the conditions of clause 8.2 of this offer, the Buyer's claims regarding the appearance of the Goods and their completeness will not be accepted.
9. Force majeure
Either Party is relieved of responsibility for full or partial non-fulfillment of its obligations under this offer, if this non-fulfillment was caused by force majeure circumstances. Force majeure circumstances mean extraordinary events and circumstances that the Parties could neither foresee nor prevent by reasonable means. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military operations, etc.
10. Responsibility of the parties
10.1. For non-fulfillment or improper fulfillment of the terms of this offer (the Seller's offer accepted by the Buyer), the Parties are responsible in accordance with the legislation of the Republic of Kazakhstan.
10.2. All text information and graphic images posted in the Online Store and on the Website, in the Mobile Application have a legitimate copyright holder. Illegal use of the specified information and images is prosecuted in accordance with the current legislation of the Republic of Kazakhstan.
10.3. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased in the Online store.
10.4. The Seller is not responsible for the Buyer's losses resulting from incorrect filling of the Order, including incorrect indication of personal data;
10.5. The Buyer is fully responsible for the accuracy of the information and personal data provided by him during registration in the Online store.
10.6. The User guarantees that he will not use the Online Store, Website, Mobile Application for purposes other than those specified in this offer.
10.7. In case of violation by the User of obligations under the terms of this offer, the Seller has the right to block the Buyer's access to the use of the Online store by blocking the login (subscriber phone number) The buyer.
11. Other conditions
11.1. This offer comes into force from the moment the Buyer performs actions aimed at registering an account (login) in the Online store.
11.2. All disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties will try to resolve through negotiations.
11.3. In case of failure to reach an agreement during negotiations, disputes will be resolved in court in accordance with the current legislation of the Republic of Kazakhstan.

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