HERRA

Public offer

This offer establishes the procedure for the sale of goods through the online store, regulating the relationships between the buyer and the seller in the sale of goods through the online store and the provision of services related to such sales.

Key Concepts

Order - an electronic message from the Buyer expressing their intention to purchase a Product, its delivery to the address specified by the Buyer, or through self-pickup of the Product selected in the online store.

Online Store - the website owned by the Seller, located on the internet at ___________________, where the Products offered by the Seller for purchase are presented, as well as the terms of payment and delivery of Products to the Buyer.

Buyer - an individual, a visitor of the Online Store, accepting the terms of this Agreement, intending to order or purchase, or ordering and purchasing the Product exclusively for personal, family, household, and other needs not related to entrepreneurial activities.

Seller - Individual entrepreneur TB CORP IIN 980819300550, Legal address: Republic of Kazakhstan, Almaty, Tauguyl-1 microdistrict, 83 house, office 40, phone 8707 122 9876.

Sale of goods through the online store - the sale of Products under a retail purchase agreement concluded based on the Buyer's familiarization with the Product description offered by the Seller, contained in the online store catalog, excluding the possibility of the Buyer directly familiarizing themselves with the Product when concluding this agreement.

Product - perfumery-cosmetic products and accessories offered for sale in the online store.

Personal Account - a section of the online store accessible to the user after registration, through which the user manages their account.

Online Store Operator (Operator) - an employee of the Seller who accepts the Order from the Buyer by clarifying all necessary data for the order.

1. General Provisions

1.1. The Seller sells Products through the Online Store.

1.2. By ordering Products through the Online Store, the Buyer agrees to the terms of sale of the Products set forth below (hereinafter - Terms of Sale of Products). In case of disagreement with this public offer (hereinafter - Agreement), the Buyer must immediately cease using the service and leave the Online Store.

1.3. These Terms of Sale of Products, as well as information about the Product presented in the Online Store, constitute a public offer in accordance with Article 447 of the Civil Code of the Republic of Kazakhstan.

1.4. Acceptance of this offer (Agreement) is recognized as the Buyer placing an order for Products in accordance with the terms of this Agreement.

1.5. The Buyer places an order for the Product by performing the actions specified in Section 4 of this Agreement.

1.6. The agreement concluded based on the Buyer’s acceptance of this Agreement is a contract of adhesion, to which the Buyer adheres without any exceptions and/or reservations.

1.7. The fact of placing an order by the Buyer is an unconditional fact of the Buyer’s acceptance of the terms of this Agreement. A Buyer who purchases a product in the Seller's online store (places an order for the product) is considered a party that has entered into a relationship with the Seller under the terms of this Agreement.

2. Subject of the Agreement

2.1. The subject of this Agreement is to provide the Buyer with the opportunity to purchase Goods for personal, family, household, and other needs not related to entrepreneurial activity, as presented in the online store catalog. This Agreement applies to all Goods and services presented in the online store as long as such offers with descriptions are present in the online store catalog.

3. Registration in the Online Store

3.1. Registration in the online store is carried out by confirming the phone number and filling out the questionnaire data.

3.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.

3.3. The Buyer agrees not to disclose the registration data provided during registration to third parties. If the Buyer has any suspicions regarding the security of their registration data or the possibility of unauthorized use by third parties, the Buyer agrees to promptly notify the Seller by sending an appropriate email to the address specified in the online store.

4. Product and Purchase Procedure

4.1. The Seller ensures the availability of Goods presented in the online store at their warehouse. The accompanying product photographs are simple illustrations and may differ from the actual appearance of the product. The accompanying product descriptions/characteristics do not claim to be exhaustive and may contain typographical errors. To clarify information about the product, the Buyer should contact Customer Support or the hotline number specified in the online store.

4.2. The Buyer’s order is placed via the Internet.

4.2.1. When placing an Order via the Internet, the Buyer fills out the electronic Order form for the Product and sends the formed Order to the Seller via the Internet.

4.3. The Buyer’s placement of an Order and its subsequent transmission for execution signifies sufficient and complete acquaintance of the Buyer with the Product, with information about the price, and the presence or absence of discounts on the Product.

4.4. In the event that the ordered Goods are not available in stock, the Seller has the right to exclude the specified Goods from the Buyer’s Order. In case of partial or complete cancellation of the prepaid Order, the cost of the canceled Goods will be refunded by the Seller to the Buyer using the method by which the Goods were paid, within 5 working days after an official request from the Buyer and the return of the Order to the online store if the Order has already been handed over to the courier service.

4.5. At the moment of placing the order, to avoid adverse consequences due to the provision of incorrect information that may lead to the Seller's inability to properly fulfill its obligations, the Buyer confirms that they are over 18 years old. The Buyer assumes the risk of their obligations to the Seller.

5. Delivery of Goods

5.1. The methods and approximate delivery times for the Goods are indicated in the online store in the "Delivery and Payment" section.

When placing an order, an "estimated delivery date" is specified - this date is for informational purposes only.

After the order is completed - an sms-push will be sent indicating the estimated delivery date - this date is for informational purposes only.

5.2. The delivery area for the Goods presented in the online store is limited to the borders of the Republic of Kazakhstan. The ordered Goods are delivered to the address specified by the Buyer.

5.3. Delays in delivery may occur due to extraordinary and unavoidable circumstances.

5.4. Upon delivery, the Goods are handed over to the Buyer specified in the Order as the recipient (hereinafter referred to as the "Recipient"). The Goods may be handed over to a person who can provide information about the Order (tracking number and/or the Recipient's full name). In the event that the Goods are delivered to the Buyer specified in the Order form and this Buyer is absent, the person delivering the Order has the right to leave the Goods with an authorized person of the Buyer by signing the delivery documents with the full name of the person who received the Order.

5.5. To avoid fraud and to fulfill the obligations set forth in paragraph 5 of this Agreement, upon delivery of the Goods, the person delivering them has the right to request an identity document from the Recipient and to 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 data (clause 9.3 of the Agreement).

5.6. Ownership of the Goods passes to the Recipient at the moment of transfer of the Goods and payment of the full cost of the Goods by the Recipient. The risk of accidental loss or accidental damage to the Goods passes to the Recipient at the moment of transfer of the Goods to them and the signing of the delivery documents by the Recipient. In case of non-delivery of the Goods, the Seller will reimburse the Recipient for the cost of the prepaid Order and delivery in full after receiving confirmation of the loss of the Goods or its return to the Seller's warehouse from the Delivery Service.

5.7. The delivery cost of each Order is calculated individually based on the region and delivery method, as well as (if necessary) the payment method, and is indicated in the Online Store at the final stage of Order placement.

5.8. The Order is considered fulfilled at the moment of actual transfer of the Goods included in the Order to the Recipient, based on the accompanying documents for the Goods issued by the Seller's delivery service, signed by the Recipient.

5.9. The Recipient can collect their Goods independently at the pickup points indicated in the Online Store, by presenting an identity document and stating the Order number and date.

5.10. Upon receiving the Order, the Recipient must:

5.10.1. Inspect for any external damage to the packaging.

5.10.2. Open the external packaging in the presence of a representative of the delivery service/Seller (at the pickup point) to check the integrity of the contents, inspect the Goods for the integrity of its individual packaging and any external damages. Verify the assortment and quantity of the Goods against the data specified in the accompanying document.

5.10.3. If the Order corresponds to the data specified in the accompanying documents and no damages to the packaging and Goods are found during the inspection, the Recipient signs the accompanying documents and pays for the Order if it has not been paid for earlier and payment upon receipt is provided for in the Order conditions. The signature confirms the receipt of the Goods and the absence of remarks stated during acceptance, but does not limit the Buyer’s right to make claims in cases and within the timeframes provided by the legislation of the Republic of Kazakhstan.

5.10.4. In case of claims, demand from the representative of the delivery service/Seller (at the pickup point) to draw up an Act of identified discrepancies in 3 copies. The Act of identified discrepancies describes all damages to the packaging of the Goods, visible damages to the Goods and/or its incompleteness, and/or discrepancies in the assortment. One copy of the acceptance Act remains with the Buyer, two copies with the representative of the delivery service/Seller (at the pickup point). After that, the representative of the delivery service/Seller (at the pickup point) takes the Goods for subsequent replacement.

5.10.5. In case of claims when the Buyer makes a 100% prepayment online, the Recipient must attach to the Act of discrepancies:

a request for a refund;
a copy of the payment receipt.

5.11. The Goods presented in the Online Store comply with the quality and packaging standards of GOST, ST RK, TU, technical regulations, and other requirements of regulatory documents in the Republic of Kazakhstan, which is confirmed by the relevant documents (certificates, etc.).

5.12. The delivery date and time can be clarified with the Operator by calling the phone numbers indicated in the Online Store.

6. Payment procedure

6.1. The price of the Product is indicated in the price lists posted in the Online Store, in the Product card.

6.2. The price of the Product in the Online Store may be changed by the Seller unilaterally. In this case, the price for the Product ordered and paid for by the Buyer and confirmed by the Seller is not subject to change.

The price of the Product in the Online Store may differ from the price of a similar product at the Seller's offline retail location. The Online Store price, including promotional offers, is valid only for Orders placed through the Online Store.

6.3. The Order payment is made by the Buyer in tenge. The price of the Product includes applicable taxes, including VAT.

6.4. Payment is made by the following methods:

6.4.1. upon self-pickup at the pickup points, information about which is posted in the Online Store in the "delivery and payment" section, using a bank card via a bank terminal upon receiving the Order. Payment is accepted via plastic cards of payment systems VISA, MasterCard. Cash payment and gift certificates are not accepted upon self-pickup unless otherwise explicitly stated during the Order placement.

6.4.2. online method:

payment is made through the "Kaspi.kz" acquiring system from Kaspi Bank directly at the time of order placement
payment is made through the "Epay" acquiring system from Halyk Bank directly at the time of order placement.
payment by installment through Kaspi Bank.

6.4.2.1 authorization of transactions by bank cards is carried out by the bank. If the bank has reason to believe that the transaction is fraudulent, the bank has the right to refuse to carry out this transaction.

6.4.3. payment using a universal gift certificate or electronic gift certificate.

6.5. If the Buyer does not pay for the placed Order within 24 (twenty-four) hours from the moment of placement, the Order is automatically canceled and cannot be restored.

7. Return of goods and funds

7.1. Return of goods of proper quality.

7.1.1. Return or exchange of goods of proper quality is allowed if it has not been used, its commercial appearance, consumer properties, seals, labels, as well as the document confirming the fact of purchase of the goods are preserved within fourteen calendar days.

7.2. Return of goods of improper quality.

7.2.1. Goods of improper quality are goods that have defects that could not be detected upon acceptance of the Goods (hidden defects/factory defects). The received Goods must correspond to the description in the Online Store. A difference in design or decoration elements from what is stated in the Online Store description is not a sign of improper quality.

7.2.2. The assortment, quantity, and appearance of the Goods must be checked by the Buyer at the time of delivery of the Goods in accordance with clause 5.10 of this Agreement.

7.2.3. Upon delivery of the Product, the Buyer checks its quantity, assortment, completeness, and appearance, and signs the accompanying documents indicating any remarks found. If discrepancies are discovered after receiving the Product, it is recommended that the Buyer promptly inform the Seller via WhatsApp at +7 707 122 9876 and, if possible, attach photographs of the Product and packaging. The absence of remarks upon acceptance is taken into account when considering the appeal, but it does not itself constitute grounds for refusal of the Buyer's legal claims.

7.2.4. If the Buyer has received a Product of inadequate quality and this was not previously agreed upon by the Seller, the Buyer has the right to invoke the provisions of the Law of the Republic of Kazakhstan dated May 4, 2010, No. 274-IV "On Consumer Rights Protection".

7.2.5. Refunds are made after the return of the inadequate quality product to the online store's warehouse and confirmation of receipt of the refund request from the Buyer by the online store staff.

7.3. Refunds are processed by transferring the funds to the payment card used by the Buyer when paying for the Order. Other arrangements are only provided in cases where the payment card used for the Order payment is invalid (expired, etc.).

8. Liability

8.1. The Seller is not liable for any damage caused to the Buyer as a result of improper use of the Products purchased from the online store.

9. Confidentiality and Information Protection

9.1. The personal data of the Buyer is processed in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013, No. 94-V "On Personal Data and Their Protection".

9.2. When registering in the online store, the Buyer provides a phone number and, if necessary, an e-mail. Personal data of the Buyer may also be requested when placing an order.

9.3. By providing their personal data to the Seller, the Buyer agrees to their processing by the Seller, including for the purposes of promoting the Seller's goods and services, as well as the transfer of personal data to third parties engaged by the Seller to fulfill obligations to the Buyer under this Agreement.

9.4. The Seller uses the Buyer's personal data:

for registration in the online store;
to fulfill its obligations to the Buyer;
to evaluate and analyze the performance of the online store;
to determine the winner in promotions conducted by the Seller.

9.4.1. The Seller has the right to send the Buyer informational, including advertising SMS, e-mail messages, and Push notifications. The Buyer has the right to refuse to receive advertising and other information without providing reasons for the refusal. Service messages informing the Buyer about the order and its processing stages are sent automatically and cannot be declined by the Buyer.

9.5. The Seller is not responsible for the information provided by the Buyer in the online store in a publicly accessible form.

9.6. The Seller has the right to record telephone conversations with the Buyer. In this regard, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone negotiations, and/or its transfer to third parties not directly related to the fulfillment of Orders, in accordance with the Law of the Republic of Kazakhstan dated November 24, 2015 No. 418-V "On Informatization".

10. Additional Terms

10.1. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.

10.2. 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 Seller's technical service has the right to periodically carry out necessary preventive or other work with or without prior notice to Buyers.

10.3. The provisions of the legislation of the Republic of Kazakhstan apply to the relations between the Buyer and the Seller.

10.4 Coupons and other promotions and giveaways valid in HERRA retail stores are also not valid in the online store unless otherwise specified in the terms of the promotion.

10.5. In case of questions and claims from the Buyer, he must contact the Seller by phone, email, or other available means. All disputes arising will be attempted to be resolved through negotiations, and if an agreement is not reached, the dispute will be referred to the court in accordance with the current legislation of the Republic of Kazakhstan.

10.6. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.

11. Copyright

All materials posted in the online store, including trademarks, texts, photographs, drawings, logos, images, emblems, graphics, etc., located in the online store, as well as software, are the exclusive property of the Administrator of the online store or its partners and suppliers. The Administrator of the online store holds exclusive rights to the use of intellectual property objects used in the creation of the online store or posted on it. Copying or using all or part of the elements of the online store is permitted to the User solely for private use. Copying and using the content of the online store for other purposes is strictly prohibited. Any use not specified above, including distribution, reproduction, import, translation, processing, carried out without the prior written consent of the Administrator of the online store, is considered a violation of the exclusive rights of the Administrator of the online store.

12. Amendment of Sales Terms

The Seller reserves the right to adapt or modify these Terms of Sale at any time. In the event of changes, the new Terms of Sale will be communicated to the Buyer by posting a new version of the Terms of Sale in the Online Store. The new Terms of Sale will apply only to sales made after the changes are implemented.