Public offer

Terms and definitions.
In this offer, unless the context otherwise requires, the following terms have the following meanings and are its integral part:

"Seller", "Operator" - Shaurma Food company with the represented legal entity Best Tower 2000 LLP, created in accordance with the legislation of the Republic of Kazakhstan and carrying out entrepreneurial activity on sale of Goods, including remotely.

"Buyer", "User" - any individual who has accepted this offer on the terms and conditions below and provided the Seller with their 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" - the official web page of the Seller on the website https://shaurma-food.kz.

"Online Store" - the official online store of the Seller for the sale of Products posted on the Website, in the Mobile Application.

"Products" - the list of the Seller's products presented on the Website and in the Mobile Application.

"Order" - a request for the purchase and delivery of Products selected by the Buyer in the Online Store, submitted to the Seller via the Internet (electronic form posted on the Website, Mobile Application) or made by the Buyer by phone +7 (777) 788-88-88

"Courier Service" - persons providing services for the delivery of Products 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 by 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 "CC RK"), this document is a public offer addressed to individuals, and in case of acceptance of the conditions set out below, 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 CC RK, 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 the Retail Sale and Purchase Agreement (hereinafter referred to as the "Agreement") of the Goods on the terms 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 capacity and capacity to act, as well as all the rights and powers necessary and sufficient to conclude and execute the Agreement. In accordance with the Law of the Republic of Kazakhstan dated 16.07.1999 No. 429-1 "On state regulation of production and circulation of ethyl alcohol and alcoholic beverages" the sale of alcoholic beverages to persons under 21 years of age is prohibited. Employees of the Courier Service have the right to demand to present a passport or other document certifying the Buyer's age.

1.3. By ordering Products 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 Order for the Product placed by the Buyer on the Website and in the Mobile Application is a confirmation of the Agreement concluded between the Seller and the Buyer.

1.4. The relations between the Buyer and the Seller are subject to the provisions of the Civil Code of the Republic of Kazakhstan (including the provision on retail sale and purchase (Chapter 25, § 2), the Law of the Republic of Kazakhstan "On Protection of Consumer Rights" dated 04.05.2010 No. 274-IV and other regulatory legal acts of the current legislation of the Republic of Kazakhstan (hereinafter referred to in the text of this offer - "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 Site, in the Mobile Application. The Seller is obliged to post a notice of changes to this offer on the Site, 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 Products at the prices presented on the Website, in the Seller's Mobile Application, and the Buyer makes payment and accepts the Products in accordance with the terms of this offer.

2.2. Ownership of the Products passes to the Buyer at the time of acceptance of the Products by the Buyer and the latter's payment of the full cost of the accepted Products. The risk of accidental loss of or damage to the Products passes to the Buyer from the moment of acceptance of the Products 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 circumstances ("force majeure") in accordance with Section 9 of this offer;

3.1.2. process and store the personal data of the Buyer provided to the Seller, ensure their confidentiality and not provide access to this information to third parties, except for cases stipulated by the current legislation of the Republic of Kazakhstan. By accepting this offer, the Buyer confirms their consent and allows the Operator to process their personal data, including: last name, first name, patronymic; delivery address; telephone. The processing of personal data in this offer means: 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 for the purpose of delivering the Goods ordered by the latter to the Buyer.

3.1.2.2. The Buyer expresses consent and allows the Operator and its services to process the Buyer's personal data using automated database management systems, as well as other software and hardware. Work with such systems is carried out in accordance with the above in paragraph 3.1.2. algorithm (collection, systematization, accumulation, storage, clarification, use, blocking, destruction).

3.1.2.3. The Operator has the right to independently determine the methods used to process the Buyer's personal data (including, but not limited to: automatic verification of postal codes with the code/index database, automatic verification of the spelling of street/settlement names, 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 their personal data and / or demand that their personal data be changed or destroyed by calling the Operator by phone, indicating the first name, patronymic, last name 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; promptly detect and stop such attempts.

3.2. The Seller has the right to change the terms of this offer; prices for the Goods indicated in the Online Store; terms of payment and delivery of the Goods; methods, terms and territory of delivery of the Goods; as well as other terms 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 - familiarize themselves with the content and conditions set forth in this offer, as well as other conditions specified on the Website, in the Mobile Application, including the prices for the Products set in the Online Store, the delivery zone for the Products and the minimum cost of the Order that must be made 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 Products ordered by the Buyer to the Buyer;

3.3.3. pay for the ordered Products under the terms of this offer;

3.3.4. not use the Products ordered in the Online Store for business purposes;

3.3.5. comply with the conditions set forth 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. Account data is exclusive and non-transferable. In the event that the Buyer transfers account data to a third party, the Buyer is fully liable for the actions taken by such third parties, as well as for the damages caused to the Seller by such third parties;

3.4.2. receive information (advertising messages, mailings) about promotions in the form of SMS messages via 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 mailing list again.

4.1. 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 complete 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 you to avoid unauthorized actions by third parties on behalf of the Buyer and opens the latter access to additional services of the Online Store. The Buyer is not allowed to transfer the login and password to third parties.

4.6. The Buyer orders the Goods on the Website, in the Mobile Application. Only registered Buyers (Users) can place an Order.

4.7. The Seller shall not be liable for the accuracy and correctness of the information provided by the Buyer during registration.

5. Registration and terms of order fulfillment
5.1. The Buyer's order can be placed by phone and/or by filling out the electronic Order form on the Website, in the Mobile Application.

5.1.1. When placing an Order by phone or by means of an electronic form on the Website, in the Mobile Application. The Buyer thereby confirms that he/she has read the terms of this offer and undertakes to provide the Seller with all the information necessary for the proper registration and fulfillment of the Order.

5.1.2. When placing an Order through the Website, Mobile Application, the Buyer fills out the electronic Order form and sends the generated Order to the Seller by confirming the Order in electronic form.

5.2. If the Seller's warehouse does not have the required quantity or assortment of Goods ordered by the Buyer, 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 the Products in a different quantity or assortment, or to cancel their Order. In case of failure to receive a response from the Buyer, the Seller has the right to cancel the Buyer's Order in full.

5.3. The Buyer has no right to change the composition of the Order.

5.4. If the Buyer has additional questions regarding the properties and characteristics of the Products, before placing the Order, the Buyer must contact the Seller by phone at +7 (777) 788-88-88 to obtain the necessary information, in accordance with the operating mode specified on the Website, in the Mobile Application.

6. Delivery of Goods
6.1. If the Goods were not transferred to the Buyer due to the fault of the latter, the Buyer's refusal to accept and/or pay for the Goods ordered by him, or a false call, the Seller has the right to block the login (subscriber phone number) of the Buyer.

6.2. Delivery of Goods is carried out by the 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 zone is not carried out.

6.2.3. The Order delivery time is from 30 to 90 minutes, depending on the location of the Buyer. The Seller will make every effort to meet the delivery times for the Goods set in this offer and/or on the Website, in the Mobile Application.

6.3. Delivery is carried out provided that the Buyer places an Order for the minimum order amount. The minimum order amount is determined by the Seller unilaterally and indicated on the Website, in the Mobile Application.

7. Payment for Products
7.1. The prices for Products are determined by the Seller unilaterally and indicated on the Website, in the Mobile Application in tenge of the Republic of Kazakhstan. The price of Products may be changed by the Seller unilaterally. However, the price of the Product ordered by the Buyer is not subject to change.

7.2. The Buyer can only order those Products that are available from the Seller at the time of placing the Order.

7.3. Payment for Products 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 Products, confirmation of which is a cash or sales receipt provided by an employee of the Courier Service.

7.3.2. by bank transfer, by transferring funds to the Seller's bank 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 Products, refund
8.1. The Seller is obliged to transfer to the Buyer Products that fully comply with his Order, the quality of which corresponds to the information provided to the Buyer upon conclusion of the Agreement.

8.2. Upon receipt of the Products, the Buyer checks the compliance of the received Products with the Order, completeness and absence of claims regarding the appearance of the delivered Products. In case of receipt of low-quality, incomplete Products, or discrepancies between the received Products and the ordered ones, the Buyer has the right to demand replacement of such Products with Products of proper quality immediately upon receipt, or to contact the Seller with a request for a refund of the money paid within 5 minutes after receipt of the Products. In case of refusal of the order due to receipt of low-quality goods, the Buyer undertakes to return the received order to the seller. In case of the Buyer's refusal to return the order, the Seller has the right to refuse the Buyer a refund of the money paid.

If the order was paid by bank card, the funds are 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 are returned in cash by the cashier when ordering in a restaurant, by the Courier Service when ordering on the Website, in the Mobile Application.

The decision to return 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 failure to comply with the terms of paragraph 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 shall be released from liability for full or partial failure to fulfill its obligations under this offer if such failure was caused by force majeure circumstances. Force majeure circumstances shall mean extraordinary events and circumstances that the Parties could neither foresee nor prevent by reasonable means. Such extraordinary events or circumstances shall include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, etc.

10. Liability of the Parties
10.1. For failure to fulfill or improper fulfillment of the terms of this offer (the Seller's offer accepted by the Buyer), the Parties shall be liable 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 legal 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 shall not be liable for damage caused to the Buyer due to improper use of the Goods purchased in the Online Store.

10.4. The Seller shall not be liable for the Buyer's losses incurred as a result of incorrect completion of the Order, including incorrect indication of personal data;

10.5. The Buyer shall be fully responsible for the accuracy of the information and personal data specified by him during registration in the Online Store.

10.6. The User guarantees that he will not use the Online Store, the Website, the Mobile Application for purposes other than those specified in this offer.

10.7. In the event of a breach by the User of obligations under the terms of this offer, the Seller has the right to block the Buyer's access to the Online Store by blocking the login (subscriber phone number) of the Buyer.

11. Other terms
11.1. This offer shall enter into force from the moment the Buyer performs actions aimed at registering an account (login) in the Online Store.

11.2. The Parties shall try to resolve all disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement through negotiations.