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Public Offer Agreement
PUBLIC OFFER AGREEMENT
ISKYPOOL Online Store
This agreement between the ISKYPOOL online store, hereinafter referred to as the "Online Store," and the user of the online store services, hereinafter referred to as the "Buyer," defines the terms and conditions for purchasing goods through the website of the online store WWW.ISKYPOOL.COM.
1. GENERAL PROVISIONS
1.1. LLP "TD SKY INDUSTRIAL GROUP" publishes this sales agreement, which is a public offer to individuals and legal entities under Article 447 of the Civil Code of the Republic of Kazakhstan (hereinafter – CC RK).
1.2. This public offer (hereinafter referred to as the "Offer") defines all essential terms of the agreement between LLP "TD SKY INDUSTRIAL GROUP" and the person who has accepted the Offer.
1.3. This agreement is concluded between the Buyer and the Online Store at the moment of order placement.
1.4. The Offer can be accepted by any individual or legal entity within the territory of the Republic of Kazakhstan intending to purchase goods and/or services offered by LLP "TD SKY INDUSTRIAL GROUP" through the online store located at WWW.ISKYPOOL.COM.
1.5. The Buyer unconditionally accepts all terms contained in the Offer in full and without exceptions.
1.6. Upon acceptance of the Offer, the individual or legal entity becomes the Buyer.
1.7. Acceptance is the receipt by the Seller of a message indicating the intention of an individual or legal entity to purchase goods under the conditions offered by the Seller.
1.8. The Offer, all attachments to it, and all additional information about the goods/services of LLP "TD SKY INDUSTRIAL GROUP" are published on the website WWW.ISKYPOOL.COM.
2. STATUS OF THE ONLINE STORE
2.1. The ISKYPOOL online store is owned by LLP "TD SKY INDUSTRIAL GROUP" and is intended to organize a remote method of selling goods via the Internet.
2.2. The transactions of the online store are governed by the purchase and sale agreement under the public offer posted at www.iskypool.com. By accepting the offer (i.e., paying for the order placed in the online store), the Buyer receives ownership of the goods under the terms of the sales agreement.
2.3. The Online Store is not responsible for the accuracy and validity of the information provided by the Buyer when placing an order.
3. STATUS OF THE BUYER
3.1. The Buyer is responsible for the accuracy of the information provided when placing the order and its freedom from claims by third parties.
3.2. The Buyer confirms their agreement with the terms of this Agreement by checking the box "I have read and understood all the terms of the Agreement and agree with them" during the order process.
3.3. Information provided by the Buyer is confidential. By providing their personal data, registering on the website, or submitting a request, the Buyer consents to the processing of their personal data for the purpose of executing the user agreement. The Online Store uses Buyer information solely for the operation of the online store (sending notifications about order completion, etc.) and in cases outlined in this Offer Agreement.
3.4. The Buyer acquires goods solely for personal, family, or household use not related to business activity. Using the online store to view and select goods, as well as to place an order, is free of charge for the Buyer.
4. SUBJECT OF THE OFFER
4.1. Based on the Buyer’s orders, the Seller sells goods to the Buyer in accordance with the terms and prices set by the Seller in the Offer and its appendices.
4.2. Delivery of goods ordered and paid for by the Buyer is carried out by the Seller or a Carrier. The Buyer has the right to collect the goods independently (self-pickup). The Buyer is provided with a choice of delivery method at the time of order.
4.3. The relationship between the Buyer and Seller is governed by the CC RK, the Law of the Republic of Kazakhstan dated May 4, 2010, No. 274-IV "On Consumer Protection," and other applicable legal acts.
4.4. An individual or legal entity is deemed to have accepted all the terms of the Offer and its appendices fully and without exceptions from the moment the Seller receives a message of intention to purchase goods. Acceptance of the Offer results in the conclusion of a purchase and sale agreement, and the acquirer obtains the status of Buyer.
5. PROCEDURE FOR CONCLUDING A PURCHASE AND SALE AGREEMENT
5.1. The Buyer may place an order independently on the website or through a manager by calling the phone numbers listed on the site.
5.2. When placing an order, the Buyer must provide the following information:
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Full name (for individuals) or full name and tax ID (for legal entities);
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Delivery address;
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Contact phone number and email.
5.3. The Buyer's will is expressed by entering the appropriate data in the order form or submitting a request through a manager or email.
5.4. The Online Store does not edit the Buyer’s information.
5.5. To receive a paper copy of the contract, the Buyer must send a request via the contact methods indicated on the website.
6. PRODUCT INFORMATION
6.1. Goods are presented on the website through image samples owned by the Online Store.
6.2. Each sample includes a name, size (if necessary), price, and description.
6.3. All information materials are for reference and may not fully convey product characteristics including color, size, and shape. Buyers should contact the Seller for clarification before placing an order.
6.4. At the Buyer's request, a manager will provide additional information by phone or email.
6.5. The Buyer is informed that discounted goods sold due to defects cannot later be returned on the basis of those defects.
6.6. The Buyer is notified that items listed separately in the invoice do not constitute a complete set.
7. ORDERING PROCESS
7.1. The Buyer may order any product presented in the online store unless stated otherwise (e.g., during promotions or product discontinuation).
7.2. Orders can be placed via phone or through the website.
7.3. After order placement, the Seller confirms the order via email or by calling the Buyer with product details and the total amount.
7.4. If a product is unavailable, the manager must inform the Buyer.
7.5. The Buyer may place a backorder for temporarily out-of-stock items.
7.6. In case of unavailability, the Buyer may replace the item or cancel the order.
7.7. Delivery time is no more than 30 days from the date the Seller receives the Buyer's intention to purchase.
8. PRODUCT PRICE
8.1. The price of the product in the online store is indicated in Kazakhstani Tenge per unit of product.
8.2. The product price listed on the website may be changed by the online store unilaterally. However, the price of a product already ordered and paid by the Buyer is not subject to change.
8.3. The total cost of the order consists of the catalog price of the product, delivery cost, and the cost of lifting the product to the specified floor.
8.4. The cost of services provided to the Buyer by the Seller when purchasing products in the online store is specified in the “Payment and Delivery” section.
9. PRODUCT PAYMENT
9.1. The methods and procedures of payment are listed on the website under “Payment and Delivery.” If necessary, payment terms can be discussed between the Buyer and the store manager.
9.2. For cash payment, the Buyer must pay for the product at the moment of delivery by handing over cash to the courier delivering the product.
9.3. Non-cash payments are made according to the issued invoice within three (3) banking days. Once the funds are credited to the Seller’s account, the manager will arrange the delivery time with the Buyer. The Buyer's obligation is considered fulfilled once the funds are credited to the Seller’s account.
9.4. The Buyer can pay for the order using any method offered in the online store.
9.5. Payments between the Parties are made in Kazakhstani Tenge.
10. DELIVERY OF PRODUCTS
10.1. Delivery methods, terms, and conditions are outlined in the “Payment and Delivery” section of the website. Delivery terms can also be discussed with the store manager.
10.2. Self-pickup:
10.2.1. Upon receiving the order, the Seller confirms it via phone or email and agrees with the Buyer on the pickup date.
10.2.2. The Buyer pays for and picks up the order at the Seller’s warehouse (for cash payment). Warehouse addresses and working hours are listed in the “Contacts” section. For non-cash payment, the Seller confirms the receipt of funds before scheduling pickup.
10.2.3. Ownership and risk of accidental loss, damage, or destruction of the product transfer to the Buyer upon handing over the product.
10.3. Delivery by the Seller:
10.3.1. Ownership and risk of accidental loss, damage, or destruction transfer upon signing the delivery act (invoice) by the Buyer or Representative.
10.3.2. The product is delivered directly to the Buyer or their Representative.
10.4. Delivery by a Carrier:
10.4.1. Ownership and risk transfer to the Buyer or the Carrier upon signing the delivery act or accompanying documents (invoice, waybill, etc.).
10.4.2. The Seller's delivery obligation is considered fulfilled once the product is handed to the Carrier.
10.4.3. Delivery costs are calculated based on product weight, volume, delivery address, and carrier rates, and are paid by the Buyer.
10.5. The Buyer must accept the goods by quantity and assortment at the time of delivery.
10.6. Upon delivery, the Buyer must verify the product’s conformity with the invoice in terms of name, quantity, quality, and completeness.
10.7. The Buyer or their Representative confirms acceptance with a signature on the delivery invoice, stating there are no complaints about appearance or completeness.
11. PRODUCT WARRANTY
11.1. The warranty period is six (6) months from the date of delivery unless otherwise agreed. The warranty does not cover misuse, improper installation, or violations of operating guidelines specified for the product or in this agreement.
12. RETURN OF PRODUCTS
12.1. The Buyer may refuse the product at any time before its delivery, or within 14 days after delivery, under the Consumer Protection Law of the Republic of Kazakhstan.
12.2. A return of a product of proper quality is accepted if its original appearance (packaging), consumer properties, and proof of purchase are preserved.
12.3. The Buyer may not return a product of proper quality that has individually defined characteristics (e.g. non-standard sizes made at the Buyer's request). Such characteristics are confirmed if the product differs from standard listings on the online store.
12.4. Product returns must be made to the addresses listed in the "Contacts" section of the website.
12.5. In case of refusal of a product of proper quality, the Seller shall refund the amount paid, excluding return delivery costs, no later than 15 days after the Buyer's request.
12.6. If the refund is not made at the same time as the return, it shall be processed either in cash at the Seller’s address or by bank transfer to the account originally used or another account provided by the Buyer.
12.7. This refund method may also be used for other refund cases under this agreement or applicable laws.
13. LIABILITY OF THE PARTIES
13.1. The Parties are liable in accordance with the legislation of the Republic of Kazakhstan.
13.2. The Seller is not liable for damage resulting from the Buyer’s misuse of the purchased products.
13.3. The Parties are exempt from liability for failure to fulfill obligations due to force majeure.
14. OTHER TERMS
14.1. The relations between the Buyer and the Seller are governed by the laws of the Republic of Kazakhstan.
14.2. If necessary, the Parties may conclude a written bilateral sales agreement, which must not contradict the terms of this offer.
14.3. For questions and complaints, the Buyer may contact the Sales Department of TOO “TD Sky Industrial Group” at the following address:
Republic of Kazakhstan, Almaty Region, Ili District, Baiserken Rural District, Baiserke Village, Industrial Zone, Building 1221
Phone: +7 727 347 01 09
Email: info@sky-group.kz
14.4. This agreement enters into force upon the Buyer's acceptance of the offer and remains valid until all obligations are fulfilled by both Parties.
14.5. All disputes and disagreements shall be resolved through negotiations. If unresolved, either Party may seek legal protection in court.
14.6. The online store reserves the right to expand or limit the product selection, regulate access to purchases, or suspend/terminate sales at its own discretion.
15. SELLER'S ADDRESS AND DETAILS
Company Name: TOO “TD Sky Industrial Group”
Legal Address: Republic of Kazakhstan, Almaty Region, Ili District, Baiserken Rural District, Baiserke Village, Industrial Zone, Building 1221
BIN: 230640026329
Bank Account (KZT): KZ76722S000025849750
Bank: JSC "KASPI BANK"