Device trial terms

Effective from 1 September 2026

These Terms govern a paid individual service of getting to know how an electronic device works and using it briefly, solely in the presence of a Big Smoke staff member. One session lasts no more than 40 minutes; no more than two participants are admitted at a time, each of whom must be aged 21 or over.

Important condition. Actual use of tobacco is allowed only in a place where such consumption is permitted by law and which is equipped as a specially designated place. Until the premises have been confirmed as meeting these requirements, only a demonstration of the device without tobacco, smoke or aerosol is carried out.

1. Parties and subject of the service

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

1.2. A Participant is an individual aged 21 or over who has booked a session in advance, shown an identity document and accepted these Terms.

1.3. The service includes an explanation of how the device works, a check of its controls and brief use of the chosen electronic device under the direct supervision of a staff member. In substance, the service combines an introductory demonstration with temporary paid use of movable property, without the right to take the device off the premises.

1.4. Place of service: 21 Al-Farabi Avenue, non-residential premises 1177, Almaty, Kazakhstan, 050013. Providing the service anywhere else is prohibited.

1.5. The list of devices is given in Appendix 1. The specific model, serial number and condition of the device are recorded in the Session Record in the form of Appendix 2.

2. Informational, non-promotional nature

2.1. The service is provided at the prior individual request of an adult consumer and is intended to acquaint them with the technical and operating features of a device. It is not a public entertainment event, a way of encouraging anyone to start or increase tobacco consumption, or a statement that tobacco products are safe or less harmful.

2.2. These Terms are published to inform consumers of the procedure and price of the service, its restrictions and risks, and the parties' liability. Their publication is not an offer of free samples, gifts, bonuses or other benefits connected with buying or consuming tobacco.

2.3. The Provider does not give free tobacco samples, does not bundle tobacco with the service as a gift or discounted set, and does not run prize draws, discount promotions or other activities aimed at encouraging its sale or use.

2.4. Products are demonstrated only at the participant's request after the information required by law has been provided. Open display and demonstration of tobacco products or tobacco heating systems to an indefinite range of persons are not allowed.

3. Booking and admission

3.1. A booking is made through a Big Smoke manager or an available Bigsmoke.kz interface and is confirmed only once the manager has given the date, time, format and price of the session.

3.2. Before the start, each participant shows the original of an identity document. If no document is shown or the participant is under 21, admission is refused. The document is not copied unless there is a separate lawful basis in the particular case.

3.3. No more than two participants may attend one session. This limit is set for direct supervision and a safe load on the premises; it does not change the legal status of the premises or replace sanitary requirements.

3.4. Third parties, spectators and companions under 21 are not allowed in the testing area.

3.5. A staff member may refuse admission or stop a session immediately if there is no document, if there are signs of intoxication by alcohol or otherwise, aggressive or unsafe behaviour, feeling unwell, failure to follow instructions, a fault in the device, ventilation or fire safety equipment, or if a legal prohibition arises.

4. Place and duration

4.1. A session is held only in the Big Smoke area at the address given in clause 1.4, in the presence of an authorised staff member. The device is not handed over for use in another part of the shop, in the street, at home or anywhere else.

4.2. The duration is set at booking but does not exceed 40 minutes from the moment a working device is handed to the participant. Preparation and briefing may be included in the duration if this is stated before the start.

4.3. Tobacco may be used only in a separate specially designated room or booth with a door or similar device, signage indicating its designated purpose, and separate mechanical supply and exhaust ventilation that prevents polluted air from entering adjoining rooms.

4.4. An ordinary extractor does not in itself confirm that the premises comply. If the required equipment is missing or faulty, only a demonstration without tobacco, smoke or aerosol is carried out, or the booking is rescheduled.

4.5. Eating and drinking are not allowed in the area where tobacco is actually consumed.

5. Price and payment

5.1. The price of the service is dynamic, set by the Provider and communicated by the manager in tenge before the session starts. The participant confirms the price before the service is provided. Payment is confirmed by a cash-register or electronic receipt or another document provided for by law.

5.2. The price includes temporary use of the chosen device, preparation, briefing and accompaniment by a staff member within the agreed limits. Tobacco products, hookah tobacco and hookah mixtures are not included in the price of the service.

5.3. If the Provider cancels a confirmed session before it starts because of a fault in the device or the premises or for another reason not connected with a breach by the participant, the amount paid is refunded or, at the participant's choice, carried over to another time.

5.4. If a session is stopped after it has started because the participant breached these Terms, the part of the service actually provided and any lawfully purchased materials used are paid for. Withholding an amount that does not correspond to the service actually provided or to documented costs is not allowed.

6. Tobacco and other materials

6.1. The participant may not bring or use their own tobacco products, tobacco, mixtures, liquids, flavourings or other substances bought outside Big Smoke or not agreed with the staff member.

6.2. Where testing with tobacco is permitted, the participant chooses products from the range lawfully sold by Big Smoke and buys them separately in a closed, labelled consumer package. The package is opened for the first time in the participant's presence. After opening, the remaining product is handed to the participant as its owner.

6.3. Providing individual portions from an open package, selling tobacco by weight or by the piece, giving out free samples and including several tobacco samples in the price of the service are not allowed. Trying several kinds is possible only by lawfully buying each relevant consumer package separately.

6.4. Electronic consumption systems, vapes, and liquids and flavourings for them are not covered by this service and may not be used.

7. Handover and use of the device

7.1. Before handover, the staff member checks that the device works, records its model, serial number, completeness and visible condition, and explains the rules for using it and safely switching it off.

7.2. The participant must handle the device with care, use it only for its intended purpose and as instructed, not leave it unattended, not dismantle, modify or move it outside the area, and report at once any overheating, smell of burning insulation, smoke, sparking or other fault.

7.3. Preparing the device, fitting the heating element and loading the product are done by the staff member, unless the instructions expressly provide otherwise and the staff member allows it. Individual mouthpieces and other hygiene accessories are used separately for each participant.

7.4. After the session, the staff member takes back the device and records its condition. The participant may review the record and add comments before signing the Record.

8. Health risk warning

8.1. Consuming tobacco products, hookah tobacco and hookah mixtures carries risks to life and health and can cause nicotine addiction. Holding a session does not mean that the device or the heating method is safe or less harmful.

8.2. The decision to take part is made voluntarily by an adult after reading the warning and instructions. If the participant feels unwell, they must stop using the device immediately and tell the staff member.

8.3. The participant accepts the ordinary risks of voluntary consumption that have been explained in advance. This does not release the Provider from liability for the safety of the service, the proper working of the equipment provided, the actions of its staff and compliance with mandatory legal requirements.

8.4. Big Smoke staff do not provide medical services and do not give opinions on whether consumption is acceptable for a particular person.

9. Damage to the device and liability

9.1. The participant is liable for damage to, loss of or missing parts of the device if the Provider proves the participant's fault, the causal link and the amount of actual damage.

9.2. The compensation is determined by the documented cost of repair or replacement of the damaged part, or the actual value of a lost or unrepairable device, taking into account its condition, wear and the value of any parts that remain. The full retail price is not charged automatically.

9.3. The participant is not liable for a hidden manufacturing defect, natural wear, a fault that existed before handover, or damage caused by the actions of a staff member or inadequate instructions.

9.4. Damage is recorded in a report, by photo or video and, if necessary, by diagnostics. The participant's disagreement with the report is noted in it and does not prevent the parties from using other evidence.

10. Acceptance of the Terms and personal data

10.1. The Terms are accepted at booking by ticking the box provided on the website, by confirmation to the manager, by payment or by signing the Session Record. Immediately before each session, each participant separately confirms their age and that they have read the risks and rules, and signs the Record.

10.2. Full names, contact details and session information are processed for booking, admission checks, communication, performance of the contract, accounting for the property handed over, security, dealing with enquiries and compliance with the law.

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

10.4. Video recorded on the premises may be used for security and to confirm the circumstances of the handover and use of the equipment, in compliance with personal data legislation.

11. Ending the service and disputes

11.1. The Provider may stop a session on the grounds in clause 3.5, and also if the participant tries to pass the device to another person, use a foreign substance, take the device away or continue using it against the staff member's instruction.

11.2. If continuing the session threatens life, health or property or breaches mandatory requirements, the staff member takes the device back immediately.

11.3. Enquiries are sent to support. The parties seek to settle a dispute by exchanging documents and a written claim; this does not limit the consumer's right to apply to a competent authority or a court.

12. Final provisions

12.1. These Terms apply from 1 September 2026. Changes apply to future bookings and do not worsen the rights under a session already paid for.

12.2. If actual tobacco consumption is not permitted in the premises concerned, or the special area has not been confirmed as meeting the mandatory requirements, the provisions on testing with tobacco do not apply; only a demonstration of the device without tobacco, smoke or aerosol is available.

12.3. Nothing in these Terms overrides the bans on tobacco advertising and sponsorship, age restrictions, the rules on selling from closed packaging, sanitary requirements or consumer rights. In the event of a conflict, the legislation of the Republic of Kazakhstan applies.

12.4. The names ENSO, XKAH, APEX, NEO HEISS and KALOUD are used solely to identify devices and belong to their respective rights holders. Unless expressly stated otherwise, IE «VR46» is not the manufacturer or owner of these marks.

13. Provider's details and contacts

Appendix 1. List of devices for trial testing

1. The program does not cover ordinary cigarettes, sticks, vapes, liquids and flavourings for electronic consumption systems, or non-electric hookahs and accessories, unless the Provider has expressly established another lawful format.

2. A brand being on the list does not mean that every model is available. The specific device is confirmed by the manager at booking.

3. Before each session, the model, serial number and external condition are recorded in the Record.

Appendix 2. Session record and participant's consent

completed before each trial session

Tobacco product details, where used

Name: ______________________________________________________________________________

Receipt number: ____________________ □ bought separately □ package was closed and labelled

□ no outside products or substances are used

Staff member's check

□ booking confirmed □ no more than two participants □ no signs of intoxication

□ device working □ condition recorded □ briefing given

For testing with tobacco: □ special area available □ ventilation working □ no food or drinks

Condition of the device before handover

□ no visible damage □ particular features: ______________________________________________

Completeness: ______________________________________________________________________________

Participant's confirmations

□ I am aged 21 or over and have shown the original document to the staff member;

□ I have read these Terms, the health risk warning and the instructions;

□ I take part voluntarily, am not intoxicated and undertake to report if I feel unwell;

□ I will not bring or use any outside tobacco, mixture, liquid or other substance;

□ I undertake to follow the staff member's instructions and not to dismantle or take away the device;

□ I understand that proven actual damage caused through my fault is to be compensated;

□ I agree to my data being processed to arrange and carry out this session under the Bigsmoke.kz documents.

End of the session

Actual end time: __________ Reason for early termination: ______________________________

Condition after return: □ unchanged □ found: _________________________________________________

Photos or video attached: □ yes □ no Participant's comments: _________________________________________

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