STANDARD TERMS AND CONDITIONS OF SALES

This agreement between the online store of Special Gear Kazakhstan LLP and the user of the services of the online store, hereinafter referred to as the "Buyer", determines the conditions for the purchase of goods and services through the website of the online store. This offer agreement is valid from July 01, 2022.

1. TERMS AND DEFINITIONS

1. "Public offer" (hereinafter referred to as the "Offer") is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude a contract for the sale of goods with the Seller remotely (hereinafter referred to as " Agreement") on the terms contained in this Offer, including all Appendices.
1.2. "Seller" - the seller's data is indicated in the "Contacts" section
1.3. "Buyer" - any individual or legal entity who has accepted in full and without exception the terms of the offer (accepted) this offer on the following conditions and posted order in the online store.
1.4. "Registered Buyer" - the Buyer who has provided the Seller with his personal data through registration on the site, which can be used by the Seller to place the Buyer's Order.
1.5. "Site" - https://www.specialgear.biz/
1.6 . "Online store" - an online store selling special and professional clothing and other related accessories posted on the site. 
1.7. "Goods" - an object of purchase and sale offered for sale by placing it in the appropriate section of the online store. 
1.8. "Order" - a request made by the Buyer in the online store for the purchase of goods selected by the Buyer in the online store and provided to the Seller via the Internet (electronic form placed on the Site) and/or issued by the Buyer by phone.
1.9. "Carrier" - a third-party organization or individual entrepreneur that provides services for the delivery of the Goods ordered by the Buyer from the point of departure to the point of destination and issues the goods to the Buyer. The contract of carriage with the carrier is concluded by the Buyer independently or by the Seller on behalf of the Buyer. 

For the purposes of this offer, terms and definitions in the singular also refer to terms and definitions in the plural and vice versa. 

2. GENERAL PROVISIONS

2.1. Special Gear Kazakhstan LLP publishes this purchase and sale agreement, which is a public contract - an offer (offer) to individuals and legal entities in accordance with the Civil Code of the RepublicKazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan).
2.2. This public offer (hereinafter referred to as the "Offer") defines all the essential terms of the agreement between Special Gear Kazakhstan LLP and the person who accepted the Offer.
2.3. This agreement is concluded between the Buyer and the online store at the time of placing the order.
2.4. The offer may be accepted (accepted) by any individual or legal entity in the territory of the Republic of Kazakhstan intending to purchase goods and / or services sold/ provided by Special Gear Kazakhstan LLP through the online store located on the website.
2.5. The buyer unconditionally accepts all the conditions contained in the offer as a whole (i.e. in full and without exception). 
2.6. In case of acceptance of the terms of this agreement (i.e. public offer of the online store), an individual or legal entity that accepts the offer becomes the Buyer. Acceptance is the fact of confirmation of the commercial offer by signing and / or paying for the order in the amount and on the terms of this agreement.
2.7. The offer, all annexes to it, as well as all information about the goods/services of Special Gear Kazakhstan LLP are published on the website.

3. STATUS OF THE ONLINE STORE

3.1. The online store is the property of Special Gear Kazakhstan LLP and is intended to organize a remote method of selling goods via the Internet. 
3.2. The online store does not require the Buyer to take special actions to use the resource of the online store to view the goods, calculate and place an order, such as registration or conclusion contract for the use of the resource of the online store.
3.3. The online store is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
3.4. The online store and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.
3.5. In case of questions and claims from the Buyer, he must contact the Seller by phone or in any other available way. The parties will try to resolve all disputes that arise through negotiations, if an agreement is not reached, the dispute will be referred to the judicial authority in accordance with the current legislation of the Republic of Kazakhstan.
3.6. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions. 

4. BUYER STATUS

4.1. The buyer is responsible for the accuracy of the information provided when placing the order and its purity from claims of third parties.
4.2. The Buyer confirms his agreement with the conditions established by this Agreement by ticking the box "I accept the terms of the offer agreement" when placing an order. Prior to the conclusion of the Agreement, the terms of the Agreement by the Buyer have been read in full, all the terms of the Agreement are clear, the Buyer agrees with all the terms of the Agreement. 
4.3. The use of the resource of the online store to view and select goods, as well as to place an order, is free of charge for the Buyer. 

5. SUBJECT OF THE OFFER

5.1. The Seller, on the basis of the Buyer's orders and on the basis of advance payment, sells to the Buyer or manufactures the goods in accordance with the conditions and at prices set by the Seller in offer and its annexes.
5.2. Delivery of goods ordered and paid for by the Buyer is carried out by the Seller or the Carrier. The Buyer has the right to pick up the goods from the Seller's warehouse on his own (pickup). When placing an order, the buyer is given the right to choose the delivery method.
5.3. The relations between the Buyer and the Seller are subject to the provisions of the Civil Code of the Republic of Kazakhstan on the regulation of trade, the Law of the Republic of Kazakhstan "On Protection of Consumer Rights", as well as other regulatory legal acts adopted in accordance with them.
5.4 . An individual or legal entity is considered to have accepted all the terms of the offer (acceptance of the offer) and its annexes in full and without exception from the moment of acceptance of the commercial offer signing and / or receipt of funds to pay for the goods to the Seller's current account (in case of non-cash payment), or from the moment of receipt of funds to the account payment for the goods to the account of the Payment System Operator (in case of payment through payment systems), or depositing funds to the Seller's cash desk in the manner prescribed by the Section 10 of the offer and on the terms established by the Seller in the annexes to the offer. In case of acceptance of the offer in one of the above ways, an individual is considered to have entered into with The Seller has a contract for the sale of the ordered goods and acquires the status of the Buyer.
5.5. The buyer is an individual or legal entity that has accepted in full and without exception the terms of the offer (who has accepted the offer) in accordance with clause 4.4. of the offer.
5.6. Place of performance of the contract - the place (address) specified by the Buyer, to which the goods are delivered to the Buyer by the Seller, or the Seller's store-salon or warehouse , in case of refusal of the Buyer from the delivery of the goods by the Seller (pickup), or the territory of the carrier, the contract with which the Buyer has concluded, in the case of delivery of the goods by the Carrier.
5.7. A representative is an individual who has presented a receipt or other document evidencing the conclusion of the contract. The representative of the legal entity, in addition to the above documents, is obliged to present a power of attorney to receive the goods and a passport.
5.8. The carrier is a legal entity or an individual entrepreneur who has assumed the obligation under the contract of carriage to deliver the goods entrusted to him by the sender from the point of departure to the point of destination, as well as issue the goods to the recipient. The contract of carriage with the carrier is concluded by the Buyer independently in case of the Buyer's refusal to deliver the goods by the Seller. 

6. PROCEDURE FOR CONCLUDING A CONTRACT OF SALE

6.1. The buyer can place an order independently on the website of the online store, or through the manager by phone numbers indicated on the site, under the terms of the Purchase and Sale Agreement (public offer online store).
6.2. When placing an order in the online store, the Buyer is obliged to provide information about himself: - Full name (for individuals) or full name, BIN (for legal entities ) of the Buyer of the Goods; - delivery address of the Goods; - contact phone number and e-mail of the Buyer of the Goods. 
6.3. The will of the Buyer is carried out by entering the relevant data into the order form in the online store or by submitting an application through the manager of the online store or by e-mail. 
6.4. The online store does not edit information about the Buyer.

7. PRODUCT INFORMATION

7.1. The goods are presented on the site through photo samples, which are the property of the online store.
7.2. Each sample photo is accompanied by textual information: name, size range (if necessary), price and description of the product.
7.3. All information materials presented in the online store are for reference only. If the Buyer has any questions regarding the properties and characteristics of the goods, the Buyer must, before placing an order, contact the Seller by phone numbers listed on the website. 
7.4. At the request of the Buyer, the manager of the online store is obliged to provide (by phone or by e-mail) other information necessary and sufficient, from the point of view of the Buyer, for making a decision on the purchase of goods.
7.5. The buyer is notified that by purchasing goods at a discount, he is deprived of the right to refer to them in the future.
7.6. The Buyer is notified by the Seller that the goods indicated in the invoice as separate items in any case are not a set. 

8. PROCEDURE FOR THE PURCHASE OF GOODS

8.1. The buyer has the right to place an order for any product presented in the online store. Each product can be ordered in any quantity. Exceptions to this rule are indicated in the description of each product in the case of promotions, withdrawal of goods from sale, etc. 

8.2. The order can be placed by the Buyer by phone numbers listed on the website or placed independently on the website. Details of placing an order through the site are described in the "Buyers" section, then "How to place an order". 

8.3. After placing the order, the Seller sends a confirmation of acceptance of the order and an invoice to the Buyer's e-mail, indicating the name, size, price of the selected product and the total amount of the order, which is an integral part of this Agreement. Payment of the invoice (in whole or in part) by the Buyer is a confirmation of the Buyer's correct ordering.

8.4. The delivery time of the goods is indicated on the Seller's website in the relevant sections and begins to be calculated the next day after the Seller receives a message about the Buyer's intention to purchase the goods on conditions offered by the Seller. 

9. PRICE OF GOODS

9.1. The price of the goods in the online store is indicated in tenge per unit of goods. The price of the goods does not include the cost of delivery of the goods to the Buyer and other services of the Seller. 

9.2. The price of the goods indicated on the website can be changed by the online store unilaterally, while the price of the goods paid by the Buyer is not subject to change.

9.3. The cost of services provided to the Buyer by the Seller when purchasing goods in the online store is indicated in the relevant section. 

10. PAYMENT FOR GOODS
10.1. The methods and procedure for payment for the goods are indicated on the website in the corresponding section. If necessary, the procedure and terms of payment for the ordered goods are negotiated by the Buyer with the manager of the online store. 

10.2. Payment by bank transfer is made according to the issued invoice within three banking days from the date of receipt of the invoice. After the receipt of funds to the Seller's account, the manager of the online store agrees with the Buyer on the delivery time. In case of non-cash payment, the Buyer's obligation to pay the price of the goods is considered fulfilled from the moment the relevant funds are credited to the current account specified by the Seller. 

10.3. The buyer pays for the order in any way selected in the online store. Payment for the Goods (in whole or in part) can be made at the cash desk - Special Gear Kazakhstan LLP.

10.4. Settlements of the Parties when paying for the order by residents of the Republic of Kazakhstan are carried out in tenge.

11. DELIVERY OF GOODS

11.1. The methods, procedure and terms of delivery of the goods are indicated on the website in the appropriate section. The procedure and conditions for the delivery of the ordered goods are negotiated by the Buyer with the manager of the online store. 
11.2. Pickup of goods: The Seller, having received notification of the placed order, confirms its receipt by phone or e-mail of the Buyer and agrees with him on the date of pickup of the goods. The Buyer pays (in case of cash payment) and receives the order at the location of the Seller's warehouse. Addresses, contacts and working hours of warehouses are listed on the Seller's website in the "Where to buy" section. In case of non-cash form of payment, the Seller additionally confirms the fact that the payment for the order has been credited to the Seller's current account by phone or by e-mail and only after that it is agreed with the Buyer, the date of pickup of the goods. The right of ownership and the risk of accidental loss, loss or damage to the goods passes to the Buyer from the moment the goods are transferred to the Buyer or his Representative. 
11.3. Delivery of goods by the Seller: The transfer of ownership and the risk of accidental loss, loss or damage to the goods passes to the Buyer from the moment the goods are transferred to the Buyer or Representative. Delivery is carried out in a public way - through the front door. Delivery of goods through windows, balconies or other openings, except for doorways, is not carried out. Lifting and bringing the Goods into the premises is not carried out. Works (services) not paid for and not ordered by the Buyer are not performed ( not provided). The Buyer shall provide appropriate conditions for the acceptance of the Goods, including:
a. Ensuring the personal presence or presence of the Representative at the place of performance of the Agreement.
b. The goods are delivered to the Buyer's entrance only if there are free access roads for trucks (passage dimensions: width 2.5 meters, length 8 meters, height 3 meters) and the presence of numbering on the house. The passage (entry) of trucks into the protected area must be agreed by the Buyer with the security service in advance. The place of unloading of the Goods must be no further than 15 meters to the entrance (entrance to the house).
c. It is necessary to notify the seller before the conclusion of the contract about the non-compliance of the technical characteristics of the premises in order to ascertain the possibility of delivery of the goods.
• In the absence of the necessary conditions set out above, the Seller has the right to decide that it is impossible to ship the Goods to the address specified by the Buyer, and notifies the buyer thereof. 
• If the Buyer fails to ensure proper acceptance of the goods, re-delivery (carried out through the fault of the Buyer) is made within the terms agreed by the parties at the expense of the Buyer on a prepayment basis in accordance with the Seller's tariffs.

11.4. Delivery of goods by the Carrier

• Ownership and risk of accidental loss, loss or damage to the goods passes from the Seller to the Buyer or the Carrier (in accordance with the contract concluded between the Buyer and the Carrier) from the moment of transfer of the goods to the Carrier when the Parties sign the consignment note and / or consignment note and / or consignment note or other document indicating transfer of goods to the Carrier.
• The obligation to transfer the goods to the Buyer is considered fulfilled from the moment the goods are transferred to the Carrier. 
• The cost of delivery of goods within each order is calculated based on the weight of all ordered goods, the delivery address of the order, the carrier's rates and is paid by the Buyer to the Carrier independently or through the online store with an orphan choice during ordering. Shipping costs are not included in the price of the goods.
11.5. The buyer is obliged to accept the goods in terms of quantity and assortment at the time of their acceptance.
11.6. Upon receipt of the goods, the Buyer or the Representative must, in the presence of a representative of the Seller or the Carrier, check the compliance of the received goods with the name, quantity, assortment, quality , completeness of the ordered goods.
11.7. The Buyer or Representative, upon acceptance of the goods, confirms with his signature in the document on receipt of the goods that he has no complaints about the appearance and completeness of the goods. 

12. PRODUCT WARRANTIES

12.1. The warranty period for the goods is set by the manufacturer. The warranty period is indicated on the product label. Additional warranty obligations are indicated on the website in the relevant section and in the annexes to this agreement. 

12.2. The warranty period for accessories and accessories does not apply, unless otherwise specified in the Appendix to this agreement.

12.3. The warranty period does not apply to goods that have damage resulting from:

• violation by the Buyer of the rules of operation and / or recommendations for the care of the goods,

• use of the goods for other purposes,

• actions aimed at damaging or destroying goods, force majeure, 

• as well as for goods that have mechanical damage, traces of self-repair or design changes.

13. RETURN OF GOODS

13.1. The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within fourteen days, in the manner and under the conditions provided for by the Law "On protection of consumer rights".
13.2. Return of goods of good quality is possible if its presentation (packaging), consumer properties, as well as a document confirming the fact and conditions of purchase are preserved of the specified product. The buyer's absence of this document does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller. 
13.3. The Buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the Buyer who purchases it (incl. non-standard (at the request of the Buyer) sizes, fabric, graphic design, etc.). Confirmation that the item has individually defined properties, including, but not limited to, is the difference in the size of the product to the sizes indicated in the online store. When buying products according to individual measurements and according to the Buyer's specifications, they are goods with individually defined properties.
13.4. The return of the goods, in cases provided for by law and this Agreement, is made to the address of the Seller.
13.5. If the Buyer refuses the goods of good quality, the Seller returns to him the amount paid in accordance with the contract, with the exception of the Seller's expenses for the delivery of the returned goods from the Buyer goods, no later than 10 days from the date of presentation by the Buyer of the relevant request.
13.6. In the event that the refund of the amount is not carried out simultaneously with the return of the goods, the refund of the specified amount is carried out by the Seller by transfer to the Buyer's bank account.
13.7. The method of refund specified in this clause may be used by the Seller in other cases of refund provided for in this agreement and the legislation of the Republic of Kazakhstan.

14. MISCELLANEOUS

14.1. The legislation of the Republic of Kazakhstan applies to the relationship between the Buyer and the Seller.
14.2. If necessary, the Seller and the Buyer have the right at any time to draw up a contract for the sale of goods in the form of a written bilateral agreement that does not contradict the provisions of this offer.
14.3. In case of questions and claims from the Buyer, he must contact the Customer Service Center by phone: +7 (722) 252 09 32 or by e-mail: info@specialgear.biz 
14.4. This agreement comes into force from the date of acceptance by the Buyer of this offer and is valid until the full fulfillment of obligations by the Parties. 
14.5. The online store reserves the right to expand and reduce the product offer on the site, regulate access to the purchase of any goods, as well as suspend or terminate the sale of any goods at its sole discretion.

15. ADDRESS AND DETAILS OF THE SELLER

Special Gear Kazakhstan LLP

Legal and actual address: 160050 Shymkent Street. Maily Kozha d.13. sq.1
BIN 080640006718
Phone/fax: +7 (722) 252 09 32
e-mail: info@specialgear.biz