Delivery terms

Effective from 1 September 2026

Big Smoke does not provide a delivery service of its own and does not act as a carrier. At the buyer's initiative, an order may be collected from a participating boutique by the buyer in person or by an adult representative of the buyer's choosing, including a courier from a third-party service. The buyer chooses the carrier, agrees the terms with it and pays for the transport in full.

The Seller's obligation to hand over an order is fulfilled once a properly assembled and packed order has been handed to the buyer or the buyer's authorised representative inside the boutique. After that handover, the risk of accidental loss of or damage to the goods in transit passes to the buyer, except for any liability of the Seller that cannot be excluded under the legislation of the Republic of Kazakhstan.

1. General provisions

1.1. The Seller is the individual entrepreneur Rustem Nurlanovich Mukhtarov, trading as IE «VR46», IIN 910605300019, hereinafter the «Seller», «we» or «Big Smoke».

1.2. These Terms govern only the handover of an order in a boutique to the buyer's representative and the subsequent transport of the goods by the buyer or a third party engaged by the buyer.

1.3. These Terms apply together with the Public Offer and the Public Agreement for the retail sale of goods on the Bigsmoke.kz e-commerce website and the Bigsmoke.kz Payment Terms.

1.4. The order must be confirmed by a manager in the manner set out in the Payment Terms. Calling a courier before the order has been confirmed as ready does not oblige the Seller to hand over the goods immediately and gives no right to claim compensation for waiting time or for a wasted trip.

1.5. The place of handover is the inside of the participating Big Smoke boutique named by the manager when the order is confirmed. The address of the participating boutique is given in section 12.

2. Division of roles

2.1. The contract of carriage or for courier services is concluded directly between the buyer and the provider the buyer has chosen. The Seller is not a party to that contract, does not accept payment for transport and does not set rates, routes or times binding on the carrier.

2.2. At the buyer's request, a member of the shop staff may mention carriers they know of, pass on public contact details or give technical help in finding one. Such help is not a recommendation of quality, a guarantee, an agency arrangement or an acceptance by the Seller of responsibility for the carrier.

2.3. Even with such help from staff, the final decision on which carrier to use and acceptance of its terms rest with the buyer. The buyer must be named as the customer and payer of the courier service, unless otherwise expressly agreed in a lawful form.

3. Requirements for the recipient of the order

3.1. An order that includes tobacco products, heated tobacco products, hookah tobacco or mixtures, tobacco heating systems or any other age-restricted goods is handed over only to a person aged twenty-one or over.

3.2. The 21+ requirement applies to the buyer, the courier and any other person who actually collects such an order on the buyer's behalf.

3.3. Where there is any doubt, the staff member must ask for the original identity document. If no document is shown, the person is under the required age, or the check cannot be reliably carried out, the order is not handed over.

3.4. Before the representative arrives, the buyer gives the Seller their name, phone number, the order number or code and other reasonably necessary information. The Seller may ask the representative for a collection code, a message from the buyer, a written authorisation or another way of confirming their authority.

3.5. The buyer bears the risk of the consequences of giving the collection code, order details or authority to the wrong person. The Seller may suspend handover if details do not match, if there are signs of fraud or if authority is disputed.

3.6. The buyer must warn the carrier in advance that the order may contain tobacco or other age-restricted goods and make sure that the rules of the chosen service allow it to accept and carry them. The Seller also tells the recipient about the age restriction before handover.

4. Handover procedure in the boutique

4.1. Handover takes place in an area covered by video surveillance during the boutique's opening hours. The video recording, till data, collection code, signature or other confirmation may be used as evidence of the contents, the condition of the packaging and the fact of handover.

4.2. If the recipient does not meet the age requirement, has not confirmed their authority, refuses to come into the shop, or the carrier's rules do not allow it to accept the goods, the Seller may refuse to hand the order over. A repeat call-out and the carrier's costs are for the buyer to arrange.

5. Inspection and packaging

5.1. Before handover, the staff member checks that the order matches the confirmed contents. The recipient is given the opportunity to inspect the goods and report any visible shortfall, mismatch, damage or broken packaging before leaving the shop.

5.2. A representative's refusal to inspect does not cancel the buyer's mandatory rights regarding hidden defects, but is taken into account together with the video recording and other evidence when a claim of visible damage or shortfall is considered.

5.3. Goods are handed over in closed outer packaging. A paper bag is closed with staples, leaving no open gaps; when a box, bag or other container is used, a suitable method of closing, a seal, tape or a sticker is applied. The factory packaging of tobacco products is not opened for repacking.

5.4. Fragile items and parts are packed in a way reasonably suited to their properties and to ordinary transport. Such packaging is not a guarantee against every impact, tipping over, getting wet, exposure to temperature or mishandling by the carrier.

5.5. A paper cash-register or sales receipt is enclosed with the order, or an electronic receipt is sent to the buyer by the agreed means.

6. Moment of handover and transfer of risk

6.1. If the buyer has chosen collection through a courier or other representative, that recipient is treated as the person authorised by the buyer to accept the order within the authority communicated.

6.2. The moment of handover is the actual handing of the closed package to the recipient inside the boutique after the check and confirmation of receipt. From that moment the Seller's obligation to hand over is fulfilled, and the risk of accidental loss or damage during further transport passes to the buyer.

6.3. After handover, the Seller is not responsible for the route, time, rate, actions or omissions of the carrier, opening of the packaging, loss, theft, substitution, shortfall, mechanical damage, contamination, foreign odours, getting wet, exposure to temperature or the handing of the order to a third party, where the circumstance in question arose after handover.

6.4. This limitation of liability does not apply to wrong contents, shortfall, damage, inadequate packaging or any other breach by the Seller that is proved to have existed before or at the moment of handover, nor to liability that the law prohibits excluding.

6.5. Ownership, payment, warranties and returns are governed by the Public Agreement and the applicable legislation. This section deals primarily with the risk to the goods during transport by a person chosen by the buyer.

7. Transport within a city and between towns

7.1. For transport within a city and between towns of the Republic of Kazakhstan, the buyer finds a carrier, places the booking and agrees the route, timing, handling of the goods and cost themselves.

7.2. The Seller does not dispatch orders at its own expense, does not offer free delivery and does not reimburse the cost of the carrier's services, waiting, repeat call-outs, storage, route changes or return of the goods, unless otherwise agreed separately in writing.

7.3. Staff may help find intercity transport only within the limits of clause 2.2. The decision on a particular carrier is always the buyer's, and the cost of transport is paid in full by the buyer.

7.4. The buyer must take into account the carrier's rules for fragile, glass, liquid, tobacco and other special categories and, where necessary, arrange additional packaging, declared value or transport insurance themselves.

8. Receipt and transport claims

8.1. When receiving the order from the courier, the buyer should check the integrity of the outer packaging, any signs of opening, the number of packages and visible damage. If anything is wrong, it is advisable to record it immediately by photo or video and file a claim with the carrier.

8.2. Claims relating to delay, loss, damage or shortfall arising after handover in the boutique are made by the buyer against the chosen carrier under the terms of the contract with it.

8.3. At a justified request, the Seller may provide the available information about the handover, a copy of the receipt or the result of an internal check, subject to personal data legislation and the periods for which video recordings are kept.

8.4. Claims concerning the contents, the quality of the goods or the packaging at the moment of handover are dealt with by the Seller in accordance with the Public Agreement, the Warranty Policy and the legislation of the Republic of Kazakhstan.

9. Taking goods out of the Republic of Kazakhstan

9.1. The Seller does not export, deliver internationally or send tobacco products, heated tobacco products, hookah tobacco and mixtures, tobacco heating systems or other goods outside the Republic of Kazakhstan.

9.2. Orders with a handover address outside the Republic of Kazakhstan are not accepted for delivery by the Seller. Handover under these Terms takes place only in a boutique in the Republic of Kazakhstan.

9.3. If, after collection, the buyer takes the goods abroad themselves as goods for personal use, this is not a service or an instruction of the Seller. The buyer is solely responsible for complying with the customs, tax, quantity, weight, age and other requirements of the Republic of Kazakhstan, the destination country and any transit countries.

9.4. Before buying and travelling, the buyer is advised to check the current official information of the state revenue authorities of the Republic of Kazakhstan, the Eurasian Economic Commission, the customs authority of the destination country and the chosen carrier. The permitted quantity or weight of tobacco depends on the route, the category of goods and the rules in force on the date of travel.

9.5. The Seller does not determine the customs allowance for a particular trip and is not liable for refusal of import or export, detention, seizure, charges, fines or other consequences of the buyer moving the goods themselves, except where such a consequence is directly caused by inaccurate information or another breach by the Seller.

10. Video surveillance and personal data

10.1. For security, to prevent disputes and to confirm handover, video surveillance is carried out inside the boutique, with the required notice displayed.

10.2. The data of the buyer and the representative is processed only to the extent necessary for identification, the age check, confirmation of authority, handover of the order, security and dealing with enquiries.

10.3. Processing is carried out in accordance with the Consent to the collection and processing of personal data and the Bigsmoke.kz Privacy and Consumer Personal Data Processing Policy.

11. Final provisions

11.1. By choosing collection through a courier or other representative, the buyer confirms that they engaged that person themselves, checked their suitability, gave them the necessary information and accepted the terms of transport.

11.2. The Seller may change the procedure for admitting recipients and handing over orders to comply with the law, ensure the safety of staff and buyers or protect the goods. A particular handover is governed by the terms communicated before it.

11.3. Nothing in these Terms releases the Seller from liability for its own breach that existed before handover or limits the consumer's mandatory rights.

11.4. These Terms are governed by the legislation of the Republic of Kazakhstan. Disputes are dealt with in the manner established by law and the Bigsmoke.kz documents.

12. Seller's details and contacts

This is a translation. In the event of any discrepancy, the Russian version prevails.