1. TERMS USED IN THE AGREEMENT:

1. Web-site Visitor shall mean a person visiting the web-site defacto.com/en-kz without the purpose to place an Order.
2. Buyer shall mean an individual visiting the Web-site, who registered at the Web-site and/or accepted the terms and conditions of the present Agreement and placed Orders in the Website defacto.com/en-kz .
3. Guest shall mean a an individual shopping from the web-site defacto.com/en-kz without registration.
4. Seller shall mean Defacto Retail Store Kz LLP, BIN 111140002262, 280, Baizakov St., MFC Almaty Towers, Floor 15, Bostandyksky district, Almaty City, 050040, Kazakhstan.
5. Retailer - Defacto.
6. Website shall mean the Internet web-site owned by the Seller, located in the Internet at: defacto.com/en-kz ., at which the Goods offered by the Sellers to be purchased, as well as the terms of payment for and delivery of the Goods to the Buyers are presented.
7. Goods shall mean footwear, clothes, accessories and other goods presented for sale at the Web-site.
8. Order shall mean a duly made request of the Buyer /Guest for purchase and delivery of the Goods chosen at the Web-site to the address stated by the Buyer /Guest on pick up basis.

 
2. GENERAL PROVISIONS
1.1.The Seller shall sell the Goods through the Website at: defacto.com/en-kz
1.2. By ordering the Goods through the Website the Buyer accepts the terms of sale of the Goods set forth below (hereinafter – the Terms of the goods sale). In case of non-acceptance of the present contract (hereinafter – the Agreement) the Buyer/Guest shall be obliged to immediately cease to use services and to leave the web-site.
1.3. This Agreement of the goods sale, as well as information about the Goods given at the Web-site, shall be public contract
1.4.The Seller may unilaterally amend the Agreement without a notice to the Buyer/Guest. A new version of the Agreement shall become effective at expiration of 10 (Ten) calendar days after it is published at the Web-site, unless otherwise provided for by the terms and conditions of the present Agreement.
1.5. A public contract shall be held concluded after first purchase made by an individual via Web-site.
1.6A contract of retail sale and purchase shall be deemed concluded after making an Order by Guest/Buyer for the Goods by the Buyer/Guest.
1.7.When Buyer/Guest stating her/his e-mail and telephone number to the Seller, it means that the Web-site Buyer/Guest gives consent to use the stated communication means by the Seller, as well as third persons to be involved in order to fulfill obligations under the present Agreement to the Web-site Buyers/Visitors, for the purposes of advertising and informational mailings containing information about discounts, forthcoming and current promotions and other events of the Seller, transfer of an order for delivery purposes, as well as the other information directly relating to fulfilment of obligations by the Buyer/Guest under this Public offer.
 
 

 
3. SUBJECT OF THE AGREEMENT
2.1. The subject matter of the present Agreement shall be enabling the User to purchase the Goods presented in a catalogue of the Website at  defacto.com/en-kz
 
- for personal, family, home and other needs not relating to business operations.
 
2.2. This Agreement shall apply to all types of the Goods and services presented at the Web-site as long as such offers containing description are presented in the catalogue of the Website.
 
4. REGISTRATION ON THE WEBSITE
 
4.1. The Buyer shall register at the Web-site personally and using own efforts.
 
4.2. Registration at the Web-site shall be binding for executing the Order.
 
4.3. The Seller shall not be liable for accuracy and correctness of information indicated by the Buyer when registering.
 
4.4. The Buyer undertakes not to inform third persons a login and password stated by the Buyer when registering. In case the User has suspicions regarding safety of his/her login and password or opportunity of unauthorized use thereof by third persons, the User undertakes to immediately notify the Seller by sending a respective e-mail to: .
 
4.5. Communication between the User/Buyer and operators of the Call Centre / managers and other representatives of the Seller must be based on the principles of generally accepted morality and communication etiquette. It is strictly prohibited to use swear words, violent language, abusive language, as well as threats and blackmail, irrespective of the manner in which they are addressed and a person to whom they are addressed.
 
5. GOODS AND PURCHASING PROCEDURE 
5.1. The Seller shall provide availability in its warehouse of the Goods presented at the Web-site. The photos accompanying the Goods shall be just illustration for them and may differ from actual appearance of the Goods. Descriptions/characteristics accompanying the Goods do not pretend to be exhaustively informative and may contain clerical mistakes. In order to clarify information relating to the Goods the Buyer must contact the Customer Support Service using contact details specified at the Web-site. The information presented at the Web-site shall be updated simultaneously.
 
5.2. In case the Goods ordered by the Buyer are wanting in a warehouse of the Seller, the latter shall be entitled to expunge the mentioned Goods from the Order / to cancel the Order of the Buyer, having notified the Buyer by sending a message by e-mail / in SMS through telephone stated by the Buyer when processing the Order.

5. In case of cancellation of fully or partially prepaid Order the cost of cancelled Goods shall be refunded by the Seller to the Buyer in the manner in which payment for the Goods had been made.

 

 
6. ORDER DELIVERY
 
6.1. The methods, as well as indicative terms of delivery of the Goods are specified at the Web-site in the section “Delivery Terms” at: defacto.com/en-kz.
 
6.2. The territory of delivery of the Goods presented at the Web-site is limited to the borders of the Republic of Kazakhstan.
 
6.2. The agreement subject product is delivered to the Buyer, i.e. the Buyer or a third person or entity at the address provided by the Buyer, provided that the legal term of 7 business days is not exceed under normal conditions as a rule, depending on the public offer. The courier fee for product delivery, written under the article titled Product Information is paid by the Buyer. Delays in delivery may occur due to unforeseen circumstances occurred not through fault of the Seller. In case the Seller may not timely deliver the Goods due to the force-majeure circumstances or extraordinary circumstances such as poor weather conditions preventing from transporting / interrupting transportation, it shall notify the Buyer thereof.
 
6.3. Upon delivery the Order shall be handed over to the Buyer or other person who resides at the the delivery address  or third person stated in the Order as a recipient (hereinafter the Buyer and third person are referred to as “Recipient”). In case the persons mentioned above may not receive the Order, and if they cannot be reached at the address stated by the Buyer, the Seller shall be deemed fully fulfilled obligations; and the Buyer shall reimburse any losses in connection with delay in receipt of the Goods by the Buyer and expenses connected with storage of the Goods and / or return of cargo to the Seller. At the discretion of the Seller the Order may be delivered again.
 
6.4. In order to avoid fraud, as well as to fulfil assumed obligations mentioned in clause 5 of the present Agreement, when handing over prepaid Order a person delivering the Order shall be entitled to request an identifying document of the Recipient, as well as to specify a type and number of a document presented by the Recipient on a receipt to the Order. The Seller shall guarantee confidentiality and protection of personal data of the Recipient.
 
6.5. Risk of accidental loss of or accidental damage to the Goods shall pass to the Buyer from the moment when the Order is handed over to him/her and the Recipient of the Order signs in the documents confirming delivery of the Order. In case the Order is not delivered, the Seller shall fully indemnify the Buyer for cost of the Order prepaid by the Buyer and delivery after a confirmation of loss of the Order is received from the Delivery Service.
 
6.6. Cost of delivery of each Order shall be calculated on a case-by-case basis in terms of weight of the Goods, region and method of delivery, as well as (if necessary) payment method, and such cost shall be stated at the Web-site at the last stage of the Order placement process.
 
6.7. Obligation of the Seller to deliver the goods to the Buyer shall be deemed fulfilled upon service of the Goods to the Recipient as per conditions of the Order.
 
6.8. When receiving the Order, the Recipient shall be obliged to examine delivered Goods and open them in the presence of a person handed over the Goods to check the Goods for conformance to stated quantity, range and complete set of the Goods, as well as to check a service life of delivered Goods and integrity of package. In case there are claims for delivered Goods (shortage, enclosure of the Goods other than those stated in a dispatch list, manufacturing defect, other claims) as indicated by the Recipient, a Report on revealed discrepancies shall be made. Unless the Recipient made claims according to the procedure mentioned above, the Seller shall be deemed fully and duly fulfilled its obligation to hand over the Goods. A signature in delivery documents evidences that the Recipient did not make claims for the Goods and the Seller fully and duly fulfilled its obligation to hand over the Goods.
In case of return of the Goods in connection with claims for the Goods, the Recipient shall be obliged to attach the following documents to the Dispatch containing the Goods to be returned:

• application for refund of money;
• a copy of a payment receipt;

 
 
6.9. The Buyer understands and agrees that delivery is a separate service, which is not an integral part of the Goods purchased by the Buyer and which is completed at the moment of receipt of the Goods by the Recipient and payment for them. Claims for quality of purchased Goods arisen after receipt of and payment for the Goods shall be considered in accordance with the RK Law “On protection of consumer rights”. In this regard purchase of the Goods delivery included does not entitle the Buyer to demand to deliver purchased Goods for the purposes of after-sales service / replacement or in order to provide after-sales service or to replace the Goods with a visit of a representative of the Seller to the Buyer, as well as this does not imply an opportunity to refund cost of delivery of the Goods in cases, where the Buyer is entitled to be refunded money for the Goods per se, in accordance with the RK Law “On protection of consumer rights”.
 
7. PAYMENT FOR THE GOODS
 
7.1. Price for the Goods sold in the Website shall be stated in the KZT.
 
7.2. Price for the Goods shall be stated at the Web-site. In case the price for the Goods ordered by the Buyer is stated incorrectly, the Seller shall inform the Buyer about this in order to confirm the Order at corrected price or to cancel the Order. In case it is impossible to contact the Buyer that Order shall be deemed cancelled. If the Order is paid, the Seller shall refund an amount paid for the Order to the Buyer according to the procedure provided for by the present Agreement.
 
7.3. The Seller may unilaterally change the price for the Goods at the Web-site. Moreover, the price for the Goods ordered by the Buyer shall not be changed. The price for the Goods may differentiate by regions.
 
7.4. Peculiarities of payment for the Goods using bank cards:

• The transactions on bank cards shall be made by a card holder or a person authorized by it.
• A bank shall authorize transactions on bank cards. If a bank has the grounds to believe that a transaction is fraudulent, then a bank shall be entitled to refuse of making that transaction.
• To avoid various illegal use of bank cards, when paying for all Orders made at the Web-site and prepaid using a bank card. The Seller will check them for the purposes of check of identity of a holder and its competence to use a card, the Seller shall be entitled to demand from the Buyer made such an order to present an identifying document.

 
 
7.5. The Seller shall be entitled to grant discounts on the Goods and to determine bonus program. The Seller shall independently determine the types of discounts, bonuses, procedure for and conditions of accrual and they shall be specified at the Web-site and may be unilaterally changed by the Seller.
 
7.6. When delivering the Goods, the total cost of the Goods shall be increased by cost of delivery in amount stated in the Section “Terms of Delivery”.
 
7.7. The Seller shall be entitled to unilaterally determine methods of payments available for respective Buyer based on statistics of actions taken by the Buyer in relations with the Seller.
 
7.8. A Cash on Delivery is another payment option offered in orders generated up 300.000 Tenge.
Within Cash on Delivery method, there is a service fee of is %3 percentage of the order price.
Charged in all orders generated with the cash on delivery option.
This service fee is not part of the Good’s price and is not obligation of the Seller.
Service fee cannot be returned in product returns, since it is an amount paid to the Courier firm.
If you are not agree, please choose another method of payment and do not use Cash on Delivery.
 
8. RETURN OF THE GOODS AND MONEY REFUND
8.1. The Goods shall be returned to the following:
(i) via courier to the following address:  Defacto Aport Store, Almaty, Tashketskyi tract 17K/Raimbek str., Mall Aport
(ii) or Buyer by himself to one of the Defacto stores in Kazakhstan.
 
8.2. The Buyer who chooses cash on delivery method for purchasing the good with cash which decides to enjoy the right to return, must notify the Seller of that decision by telephone or by e-mail of the Support Service which could be find on website.   
 
8.3. If you have questions in regards to this Agreements and/or any aspect of your order, then please contact the Support Service. The Buyer has right to return the Product from the Defacto stores with receiving receipt of the good/s and other meeting other conditions mentioned in the Contract. The Buyer also has right to return the product via courier with filling an application for refund of money form and copy of a payment receipt which are delivered with the Goods and payment receipt can also be downloaded from the website.
 
 
8.4. Return of the Goods of proper quality:

1. The Buyer shall be entitled to refuse of ordered Goods at any time before they are dispatched, and after the Goods are dispatched – to return them within the following term:

• within 14 days from a date of receipt of the Goods.
• The Goods of poor quality may be returned, unless a document confirming purchase (delivery note, bill of sale).

 

2. In case the Buyer refuses of the Goods, the Seller shall refund it cost of such Goods, except expenses of the Seller in connection with delivery of the Goods returned by the Buyer, within 5 business days from a date of receipt of returned Goods to a warehouse of the Seller together with an application form return completed by the Buyer and the following set of documents: application for refund of money and a copy of a payment receipt.

 

3. In case the Goods ordered by the Buyer is not available to the Seller for sale, the Buyer shall be entitled to refuse to perform the present Agreement and to demand to refund a sum of money paid for the mentioned Goods. The Seller shall be obliged to refund an amount paid for the goods not available to the Seller, within 5 business days from a day of receipt of a respective demand from the Buyer.

 

4. Toiletries, sewn products and knit-wear the normal use of which does not provide for other clothes between them and a body, including swimming suits, underwear, stocking, etc. (in accordance with the list of the goods of proper quality not subject to return or replacement with similar goods of other size, form, dimension, style, colour or set – article 30 of the RK Law “On protection of consumer rights”) shall not be subject to return.

 
8.5. Return of the Goods of poor quality:

1. The goods of poor quality shall mean the goods, which are out of order and may not provide their functional qualities according to Kazakhstan Law on protection of consumer rights. Obtained Goods must conform to description given at the Web-site. Difference between elements of design or decoration and description given at the Web-site shall not be evidence of poor quality. Appearance and set of the Goods, as well as completeness of the entire Order must be checked by the Recipient at the moment of delivery of the Goods.

 

2. Upon delivery of the Goods the Buyer shall make a note in a receipt of delivery concerning existence or absence of its claims for set, quantity and quality of the Goods. After the Order is obtained the claims for visual defects of the Goods, quantity, set and marketable condition thereof shall not be accepted.

 

3. In case the Goods of poor quality are not accepted from the Buyer and unless otherwise is previously stipulated by the Seller, the Buyer shall be entitled to take advantage of the provisions of the RK Law “On protection of consumer rights”.

 

4. Buyer shall return the poor quality product/s within 30 days from a date of receipt of the Goods. The claims for refund of a sum of money paid for the Goods shall be satisfied within 5  days after a day on which the Seller receipts respective demand. Refunding costs of paid Goods shall be made  on the terns provides by the present Article.

 
8.6. Refunding Process:

1. Money shall be refunded to the Buyer in the manner in which payment for the Goods had been made.

If the money were paid by cash and Buyer has accepted way of return inDefacto store, such money shall be refunded by cash in such storesafter returning of the Goods.

2. If the  Buyer chooses cash on delivery method for purchasing the Good with cash and would prefer to return it via  courier the Seller transfers the refund amount to the customer's account within 5 (five) days.

However, if the Customer does not have Defacto membership account(“Guest”), she/he must contact with the Customer Support Service and share her/his bank account information for the money refund purpose.

3. Account holder should be the Buyer In any case, it will be investigated whether the person who gave the bank account number is on the “Prohibited Persons List” before the refund is made and if the person is determined on the List, the refund process will be suspended and the customer will be informed about the situation. If the customer sends a new bank account number in conformity with a surname that doesn't in the prohibited persons list, the process for the money refund will start again.

 
9. RESPONSIBILTY
9.1. The Seller shall not be liable for damage caused to the Buyer due to improper use of the Goods purchased in the Website.
 
9.2. The Seller shall not be liable for contents and functioning of external web-sites.
 
9.3.The Parties shall be liable for other issues in accordance with the legislation of the Republic of Kazakhstan.
 
10. CONFIDENTIALITY AND PROTECTION OF INFORMATION
 
10.1 Personal data of the User/Buyer shall be collected, stored and processed in accordance with the RK Law “On personal data and protection thereof”.
 
10.2.When registering at the Web-site, the User shall provide the following information: Surname, Name, Patronymic, contact telephone number, e-mail, date of birth, sex, and address to deliver the Goods.
 
10.3.By providing its personal data to the Seller the Web-site Buyer agrees to collection, storage, processing and cross-border transfer thereof by the Seller, including for the purposes of fulfilment by the Seller of obligations to the Web-site Visitor/User/Buyer within the frameworks of this Public Contract, promotion of the goods and services by the Seller, electronic and SMS polling, control of the results of marketing events, customer support, organization of delivery of the goods to the Buyers, prize drawing among the Web-site Visitors/Users/Buyers, control of satisfaction of the Web-site Visitor/User/Buyer, as well as quality of services rendered by the Seller.
 
10.4.Processing of personal data shall mean any action (operation) or an aggregate of actions (operations) taken (made) using automation means or without using the same relating to personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transmission (including transfer to third persons, not excluding cross-border transfer, if this is necessary while fulfilling obligations), depersonalization, blocking, deletion, destruction of personal data.
 
 
10.5. The Seller has the right to send an information (including of advertising) to the e-mail and mobile phone of the User / Buyer, as well as make phone calls of the Seller's call center.
By signing (agreeing to the terms) of this agreement, the User / Buyer notifies, among other things, of his agreement with the terms set forth in this paragraph.
The User / Buyer has the right to refuse to an receive advertising and other information without explaining the reasons for the refusal, informing the Seller of his refusal by sending a corresponding application to the Seller's e-mail: dataprotection@defacto.com
Service messages informing the User / Buyer about the order and the stages of its processing should be automatically sent and cannot be ignored by the User / Buyer.
 
10.6. Consent to process personal data shall be revoked by abandoning the present Agreement in accordance with the requirements of the legislation.
 
10.5. The Seller shall be entitled to use “cookies” technology. “Cookies” do not contain confidential information. The Guest/Buyer hereby gives consent to collection, analysis and use of cookies, including by third persons, in order to form statistics and to optimize advertising messages with making datas anonymous.
 
10.6. The Seller shall obtain information about IP-address of a Web-site visitor. This information shall not be used to identify a visitor.
 
10.7. The Seller shall not be liable for information provided by the Guest/Buyer at the Web-site in generally available form.
 
10.8. The Seller shall be entitled to record telephone conversations with the Guest/Buyer. Moreover, the Seller undertakes: to prevent attempts of unauthorized access to the information obtained in the course of telephone conversations and/or transfer thereof to third persons not directly relating to execution of the Orders.
 
11. TERM OF THE PUBLIC CONTRACT
The present Public Contract with respect to particular Buyer shall become effective upon first purchase of the Guest/Buyer at the Web-site and be in effect with no time limit.
 
12. ADDITIONAL CONDITIONS
12.1. The Seller shall be entitled to assign or otherwise delegate its rights and obligations arising out of its relations with the Buyer to third persons.
 
12.2. The Website and provided services may be temporarily unavailable in part or in full due to preventive or other operations, as well as for any other technical reasons. Technical service of the Seller is entitled to perform from time to time necessary preventive or other works with or without a prior notice to the Buyers.
 
12.3. Provisions of the legislation of the Republic of Kazakhstan shall be applied to the relations between the Guest/Buyer and the Seller.
 
12.4. In case questions and claims arise from the Guest/Buyer, it may address to the Seller by telephone or by e-mail which is support.kz@defactofashion.com The parties will try to settle all arising disputes by negotiations; in case of failure to achieve agreement a dispute will be referred to the judicial authorities in accordance with the effective legislation of the Republic of Kazakhstan.
 
12.5. Invalidation by a court of any provision of the present Agreement shall not result in invalidity of the other provisions.