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BigSmoke

Public sales agreement via Glovo

Effective from 1 September 2026

The individual entrepreneur Rustem Nurlanovich Mukhtarov, trading as IE «VR46», IIN 910605300019, offers legally capable individuals to enter into this public agreement to buy goods solely for personal, family, household or other use not connected with business activity.

PUBLIC AGREEMENT for the retail sale of goods through the Glovo platform

Preamble

This public retail sales agreement (the «Agreement») is an integral part of the public offer and governs relations between IE «VR46», registered at 21 Al-Farabi Avenue, non-residential premises 1177, Almaty, Republic of Kazakhstan, 050013 (A15E2X1), hereinafter the «Seller», and a legally capable individual placing an Order for personal needs through the Glovo technology platform, hereinafter the «Consumer».

Glovo provides a technology platform for placing an Order, accepting payment and arranging collection or delivery within its available functionality. The seller of the Goods under this Agreement is IE «VR46». Glovo's terms of use govern the Consumer's relations with the owner of the Platform as regards the app, the account, the payment infrastructure and delivery services. This Agreement governs the sale of Goods by the Seller and applies together with the mandatory rules of the legislation of the Republic of Kazakhstan.

Goods subject to a statutory age limit may be ordered and received only by persons aged twenty-one or over. For certain Goods, the labelling, the manufacturer's instructions, warranty documents and the Warranty Policy apply insofar as they do not conflict with the Consumer's mandatory rights.

1. Definitions

1.1. Goods — any goods lawfully offered by the Seller in the Catalogue, including IQOS and other tobacco heating systems; heated tobacco products, including TEREA; cigarettes; hookah and rolling tobacco; other tobacco and excise goods permitted for circulation; traditional and electric hookahs, including ENZO, X KAH and products of other brands; electronic bowls and other permitted heating devices; bowls, pipes, hoses, mouthpieces and parts; charcoal; rolling papers and filters; accessories for smoking, storage, care and cleaning, and other goods in the Seller's current range.

1.2. Goods do not include electronic consumption systems, electronic cigarettes, vapes, liquids and flavourings for them, smokeless tobacco products or other goods whose import, production, sale or distribution is prohibited by the legislation of the Republic of Kazakhstan. Electric hookahs, electronic bowls and other devices are included in the Catalogue only if their circulation is permitted by law.

1.3. Restricted Goods — tobacco products, heated tobacco products, hookah tobacco, hookah mixtures, tobacco heating systems and other Goods that may be sold only to persons who have reached the statutory age or that are subject to special rules.

1.4. Catalogue — the list of the Seller's Goods available to order, published in the Glovo app or on the Glovo website, showing the range, main characteristics and prices to the extent and in the form permitted by law for the relevant category of Goods.

1.5. Platform — the Glovo app, website and other technology through which the Consumer views the Catalogue, places an Order, chooses an available payment and collection method, and receives notifications about the progress of the Order.

1.6. Order — the Consumer's request placed through the Platform to buy selected Goods, stating their name, quantity, the address or method of collection, contact details and an available payment method.

1.7. Courier — a person collecting and delivering an Order through the Platform. When handing over Restricted Goods, the Courier acts only within the authority given and must carry out the age check provided for by this Agreement.

1.8. Identity document — a valid official document with a photograph and date of birth that makes it possible to establish the identity and age of the holder, including an identity card or passport of a citizen of the Republic of Kazakhstan, a foreigner's residence permit, a stateless person's certificate, or a foreign citizen's passport recognised in the Republic of Kazakhstan. An electronic document is used where showing and checking it is permitted by law and actually supported at the handover of the Order.

1.9. Seller's Support — the contact service for questions about Goods, completeness, quality, warranty, exchanges and returns. Phones: +7 778 888 78 81 and +7 778 888 68 81. E-mail: contact@bigsmoke.kz.

1.10. Glovo Support — the channels available on the Platform for questions about the account, the app, delivery status and payment transactions processed by the Platform.

1.11. Warranty Policy — a separate document of the Seller, manufacturer or importer setting out, for particular types and models of Goods, the warranty period, the scope of the commercial warranty and the procedure for diagnostics and service: Warranty Policy.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the confirmed Goods into the Consumer's ownership, and the Consumer undertakes to pay for and accept the Goods on the terms of this Agreement and the relevant Order.

2.2. The name, range, quantity, completeness and price of the Goods and the method of payment and collection are determined by the Catalogue, the information shown to the Consumer before the Order is confirmed, and the Order accepted by the Seller.

2.3. The Consumer buys the Goods solely for personal, family, household or other use not connected with business activity.

2.4. The Seller sells only Goods in lawful circulation. Information about Restricted Goods is placed in the Catalogue in compliance with the applicable restrictions on advertising, display, description and distance selling. Goods may be removed from the Catalogue if placing or selling them through the Platform is not permitted by law or by Glovo's rules.

2.5. Brand names and trademarks are used solely to identify Goods and belong to their owners. IE «VR46» is not the manufacturer of the Goods, unless expressly stated otherwise. Mentioning Glovo refers to the way the Order is placed and delivered and does not in itself imply any affiliation between the parties beyond the agreements actually concluded between them.

3. Conclusion of the Agreement and changes to its terms

3.1. This Agreement is a public contract within the meaning of Article 387 of the Civil Code of the Republic of Kazakhstan. The price of the Goods and other terms are the same for all Consumers, subject to discounts or special offers permitted by law and the rules of the relevant promotion.

3.2. Before placing an Order, the Consumer reads this offer, the available information about the Goods, the final price, the available payment methods and the delivery terms and cost. Registering or browsing the Catalogue is not in itself acceptance of the Seller's offer.

3.3. The Consumer gives acceptance by choosing Goods, putting together an Order, confirming its terms and pressing the relevant button on the Platform. The Agreement is deemed concluded once the Consumer is notified that the Seller has accepted the Order or receives another confirmation provided for by the Platform's functionality. Payment is made in the manner set out in section 7.

3.4. Each accepted Order forms a separate Agreement for the Goods it contains. If the Goods are unavailable, their sale or delivery is restricted by law, the Order details are inaccurate or performance is impossible for another objective reason, the Seller or the Platform notifies the Consumer, offers an available change or cancels the Order and refunds the payment received in the established manner.

3.5. Accepting an Order containing Restricted Goods does not cancel the mandatory age check on handover. Failure to show a suitable document or the Consumer being under twenty-one are grounds for refusing to hand over the Restricted Goods, cancelling the relevant part of the Order and refunding payment in line with the law and the Platform's rules.

3.6. Before accepting an Order, the Seller may change this offer, the Catalogue, prices and terms of sale. A new version applies to Orders placed after the date it takes effect. The terms of an Agreement already concluded are not changed unilaterally, except where the law expressly provides otherwise.

3.7. By placing an Order, the Consumer confirms that the information provided is accurate, that they intend to buy the Goods for personal needs and that they have reached the age required to buy the selected Goods. This confirmation does not replace a document check when Restricted Goods are handed over.

4. General provisions on Goods

4.1. Before the Agreement is concluded, the Seller provides, through the Catalogue or the order interface, information about the Goods, their main consumer properties, price, payment procedure, delivery terms and cost, and the warranty period, if any.

4.2. Photographs, videos and images of Goods whose publication is permitted by law are for reference. Colour, shape and other visual characteristics may differ slightly because of screen settings, lighting or changes to the packaging by the manufacturer. The mandatory information on the labelling, packaging and in the manufacturer's documents prevails.

4.3. The Seller confirms that Goods are available when processing the Order. Goods briefly shown as available while stock levels are being updated does not create an obligation to hand them over if they are actually out of stock.

4.4. A commercial warranty applies only to Goods for which it has been expressly established by the manufacturer, the importer, the Seller or a contract. Its period and terms may differ for each model and are stated in the warranty card, the instructions, on the packaging or in the Warranty Policy. The Seller does not shorten the manufacturer's warranty period. The absence of a commercial warranty does not limit the Consumer's mandatory rights regarding defects in the Goods.

4.5. Packaging, labelling, seals, protective membranes, excise stamps, parts and the manufacturer's documents are part of the Goods where this follows from their nature or set.

4.6. Consuming tobacco and nicotine harms health and can cause addiction. Tobacco products and tobacco heating systems are not medicines or treatments for nicotine addiction, unless confirmed otherwise in the manner established by law.

5. Registration on the Platform

5.1. To place an Order, the Consumer registers on the Platform or uses another method of ordering available on Glovo and confirms the information requested by the interface.

5.2. A person under twenty-one may not view sections intended only for adults, order Restricted Goods or receive such Goods.

5.3. The Consumer provides accurate and up-to-date contact details, a delivery address and other information needed to fulfil the Order. The Consumer does not use another person's account or personal data without a lawful basis.

5.4. The Consumer is responsible for keeping the means of access to their Glovo account secure and tells Glovo Support immediately if they suspect unauthorised use.

5.5. The Seller does not manage registration of or technical access to the Glovo account. Suspension or termination of access to the Platform is governed by Glovo's terms and does not end the Seller's obligations already arising under an accepted Order, unless otherwise follows from the law or the actual cancellation of the Order.

6. Placing and processing an Order

6.1. To place an Order, the Consumer performs the actions provided for by the Platform's interface, including:

  • choosing the IE «VR46» or Bigsmoke.kz store and an available product from the Catalogue;
  • putting together the cart and checking the names, quantities and prices of the Goods;
  • entering or checking their name, contact number, address and other necessary details;
  • choosing an available method of collection and payment;
  • reviewing the total cost of the Goods, delivery and any other fees disclosed in advance;
  • confirming the Order and, where the chosen method requires it, authorising or making payment.

6.2. Before confirming the Order, the Consumer must check its contents and delivery details. The Seller is not responsible for the consequences of the Consumer's error to the extent that it made proper performance impossible, provided the Seller has met its own obligations.

6.3. Once the Order is accepted, the Consumer receives a notification by the means provided by the Platform. An Order shown as accepted does not guarantee that Restricted Goods will be handed over without an age check.

6.4. Unavailable Goods may be replaced with another product only with the Consumer's consent, expressed by a means available on the Platform or by direct contact. Without consent, the item is cancelled and the payment received for it is refunded.

6.5. An accepted Order is changed or cancelled through the available functions and Glovo Support. If the Platform passes a request to the Seller, the Seller handles it within its actual ability and the stage of performance of the Order.

6.6. The quantity of Restricted Goods in one Order may be limited by law, the Platform's rules, available stock or reasonable measures against resale and abuse.

7. Price and payment

7.1. The price of each unit of Goods is stated in tenge in the Catalogue, including applicable taxes. The delivery price, service fees, a small-order surcharge and other charges, where applicable, are shown to the Consumer separately or as part of the total before the Order is confirmed.

7.2. The price of Goods may be changed before an Order is accepted by updating the Catalogue. The price of Goods in an accepted Order may not be changed without the Consumer's consent, except to correct an obvious error in the manner permitted by law and the Platform's functionality.

7.3. The Consumer pays for the Order by one of the methods actually available and shown on the Platform. Payment may be accepted by Glovo or an engaged payment organisation on behalf of the payees. Payment confirmed by the Platform as accepted for the Goods discharges the Consumer's corresponding obligation to the Seller in the amount accepted.

7.4. Pre-authorisation of funds by a payment organisation is a technical hold on the amount and is not a final charge until the moment determined by the rules of the Platform and the payment system.

7.5. In the event of a failure, double charge, declined transaction or other technical payment issue, the Consumer first contacts Glovo Support through the «Help» section. The Seller assists in resolving the issue as regards the information about the price and contents of the Goods that it holds.

7.6. Discounts, promo codes and special offers apply on the terms shown to the Consumer before the Order is confirmed. If a promotion is provided by Glovo, how it is used and cancelled is determined by Glovo's rules; if by the Seller, by the Seller's published terms.

7.7. A cash-register or electronic receipt and other payment documents are provided in the manner established by law and the Platform's functionality.

8. Collection and delivery of Goods

8.1. The Order is delivered by a Courier or handed to the Consumer at a retail outlet, where that option is available on the Platform. The delivery area, cost and estimated time are shown when the Order is placed and may depend on the address, demand, availability of Couriers, and weather and road conditions.

8.2. The Consumer makes sure they can be reached on the number given, that the address is accessible and that the recipient is present in person. Restricted Goods may be handed over only with the direct involvement of the Seller or a person authorised by it who carries out the age check.

8.3. Restricted Goods are handed over in person to the adult Consumer named in the Order. Before handover, the Consumer shows the original of a suitable identity document or an admissible electronic document. A photograph, screenshot, uncertified copy or verbal statement is not sufficient proof of age.

8.4. The document shown is used to visually check identity and date of birth. The document is not copied or photographed and its details are not stored unless there is a separate lawful basis for doing so.

8.5. If no document is shown, the recipient is under twenty-one, the recipient's identity does not match the Order details, or age cannot be reliably checked, the Restricted Goods are not handed over. The relevant item or Order is cancelled and payment is refunded in the manner provided by law and the Platform's rules. A fee for an unsuccessful delivery is withheld only when and to the extent provided for in advance by the applicable rules and permitted by law.

8.6. Restricted Goods are not left at the door, in a public place, with a concierge, a neighbour or any other third party, and are not handed over contactlessly without an in-person check of the recipient.

8.7. On receipt, the Consumer checks the quantity, range, completeness, visible damage and integrity of the packaging. Any discrepancies are recorded in the app, reported to the Courier and Glovo Support, or by another available means. In the event of a significant discrepancy, the Consumer may refuse to accept the Goods concerned.

8.8. Giving a code, a signature or other confirmation of delivery certifies that the Order was handed over, but does not deprive the Consumer of rights regarding hidden defects, shortfalls or other breaches that could not objectively be detected on ordinary acceptance.

8.9. Ownership and the risk of accidental loss of or damage to the Goods pass to the Consumer at the moment the Goods are actually handed over.

8.10. If the Order is damaged or lost after the Courier collects it and before it is handed to the Consumer, a complaint may be filed through Glovo Support and the Seller's Support. The allocation of responsibility between the Seller, Glovo and the Courier does not reduce the Consumer's mandatory rights.

9. Goods of inadequate quality and warranty service

9.1. If a defect is found, the Consumer contacts the Seller's Support by phone on +7 778 888 78 81 or +7 778 888 68 81 or by e-mail at contact@bigsmoke.kz and gives the Order number, the name of the Goods and the nature of the defect. A request through Glovo Support may also be used to record a problem with a particular Order.

9.2. The Consumer may make claims regarding defects within the warranty period, the shelf life or another period established by law. Where no warranty period or shelf life has been set, claims are made on the terms and within the periods provided by the legislation of the Republic of Kazakhstan.

9.3. In respect of Goods of inadequate quality, the Consumer may make one of the demands provided for by consumer protection law, taking into account the type of Goods and the nature of the defect.

9.4. To consider the demand, the Seller may inspect the Goods, check their quality and, if necessary, arrange an expert examination. Not having a cash-register receipt does not prevent the Consumer from proving that the Goods were bought from the Seller by other admissible evidence, including the Order details in Glovo.

9.5. Opened packaging, signs of normal use, or a smell of tobacco or smoke do not deprive the Consumer of rights relating to a manufacturing defect, unless the defect arose after handover as a result of a breach of the rules of operation, storage or transport, the actions of third parties or force majeure.

9.6. The costs of returning or delivering Goods of inadequate quality are borne by the Seller in the cases provided for by law. How the Goods are handed over is agreed with the Seller's Support.

9.7. Money is refunded within the periods established by law, taking into account the original payment method and the technical rules of Glovo and the payment organisation. If a refund by the same method is impossible, the Consumer provides lawful details for the transfer.

9.8. A general list of warranty and non-warranty cases for devices and accessories is given in Appendix No. 1. The final classification is made after inspection or diagnostics, taking into account the manufacturer's documents, the Warranty Policy and the law.

9.9. When Goods are repaired or replaced, the warranty period is extended or starts again in the manner provided for by law, this Agreement and the warranty documents.

9.10. Diagnostics, repair or replacement of certain brands and models may be carried out by the manufacturer, the importer or an authorised service centre. This does not reduce the Consumer's mandatory rights against the Seller.

10. Exchange and return of Goods of adequate quality

10.1. Within 14 (fourteen) calendar days of the handover of non-food Goods of adequate quality, the Consumer may exchange them for similar Goods of a different shape, size, colour or set, or for other Goods by agreement of the parties with a price adjustment. If the Goods needed for the exchange are not available, the Consumer may return the Goods and receive the amount paid, provided the requirements of the law are met.

10.2. Goods of adequate quality may be exchanged or returned if they have not been used and their presentation, consumer properties, completeness, seals, labels and packaging (where it forms part of their presentation) have been preserved, and the purchase from the Seller is confirmed.

10.3. Traditional and electric hookahs, electronic bowls, tobacco heating systems, pipes, hoses, mouthpieces and other devices and accessories are deemed used if there are objective signs of use: scratches, scuffs, chips, deformation, traces of heating, burning, soot, charcoal, liquid, tobacco or other substances; a smell of tobacco, smoke, flavourings or burning resulting from use; user settings, counters, operating logs or other technical signs of use.

10.4. Tobacco products of adequate quality, including cigarettes, heated tobacco products, hookah and rolling tobacco, hookah mixtures and other excise tobacco products, are not accepted for exchange or return after the factory consumer packaging, seal, protective membrane, excise stamp or other first-opening control has been opened or damaged, since in that case the statutory conditions for returning Goods of adequate quality are not met.

10.5. Charcoal, papers, filters, cleaning products and other consumables of adequate quality are not accepted for exchange or return if the packaging has been opened or damaged, the set is incomplete, or there are signs of use, moisture, dirt or foreign odour that arose after handover to the Consumer.

10.6. The ground for refusal is determined by the actual condition of the Goods on inspection, not by the Seller's unlimited discretion. The signs listed apply to the return of Goods of adequate quality and do not in themselves exclude a claim relating to a proven defect.

10.7. For an exchange or return, the Consumer contacts the Seller's Support. If the return of a particular Order is technically processed through Glovo, the Consumer also follows the instructions available in the Platform's «Help» section.

10.8. The costs of delivering returned Goods of adequate quality are borne by the Consumer, unless otherwise established by law, the terms of the Order, Glovo's rules or the Seller's decision. The original delivery cost is refunded only in the cases provided for by law.

10.9. Money is refunded within the periods provided for by law after the Goods are received and checked, taking into account the original payment method and the rules of the payment system.

11. Personal data

11.1. Glovo itself processes the information the Consumer provides when registering on and using the Platform, in accordance with its privacy policy and applicable law.

11.2. The Seller processes only the personal data it receives from the Platform or directly from the Consumer that is needed to confirm and fulfil the Order, to communicate, to check age, to hand over the Goods, for exchanges, returns, warranty service, dealing with claims and complying with the law.

11.3. To the extent necessary, the data may be passed to Glovo, the Courier, a payment organisation, a bank, a service centre, the manufacturer, the importer, an information services provider or a public authority where there is a contractual or lawful basis.

11.4. Showing a document for an age check does not mean consenting to a copy being made. The details and image of the document are not stored by the Seller or the Courier without a separate lawful basis.

11.5. The Seller processes data in accordance with the Law of the Republic of Kazakhstan «On Personal Data and Its Protection», the Privacy Policy of IE «VR46» and the Consumer's consent, where required.

12. Final provisions

12.1. Relations between the Consumer and the Seller are governed by the legislation of the Republic of Kazakhstan, including the rules on consumer protection, regulation of trade, e-commerce and the circulation of Restricted Goods.

12.2. Glovo's terms apply to the operation of the Platform, the account, and the payment and courier functions. This Agreement applies to the sale of Goods by the Seller. In the event of a conflict, the mandatory rules of the legislation of the Republic of Kazakhstan prevail; the Platform's rules may not reduce the Consumer's mandatory rights against the Seller.

12.3. A new version of this offer takes effect from the date it states and applies to Orders placed after it is published. The terms of Agreements already concluded are not changed unilaterally, except where the law expressly provides otherwise.

12.4. The parties are liable for breach of obligations in accordance with the law. For delay in satisfying a lawful demand of the Consumer, the Seller pays a penalty of at least 1% of the price of the Goods for each day of delay, unless a different amount or procedure follows from the applicable law.

12.5. If any provision is found invalid or unenforceable, this does not invalidate the remaining provisions of the Agreement.

12.6. Questions about the contents, quality, warranty, exchange or return of Goods are sent to the Seller by e-mail to contact@bigsmoke.kz or by phone on +7 778 888 78 81 and +7 778 888 68 81. For questions about the account, delivery status and technical payment, the Consumer also uses the «Help» section in Glovo.

12.7. Seller's details: IE «VR46»; individual entrepreneur Rustem Nurlanovich Mukhtarov; IIN 910605300019; address: 21 Al-Farabi Avenue, non-residential premises 1177, Almaty, Republic of Kazakhstan, 050013 (A15E2X1); e-mail: contact@bigsmoke.kz; phone: +7 778 888 78 81; Support phone: +7 778 888 68 81.

Appendix No. 1. List of warranty and non-warranty cases

to the Public Agreement for the retail sale of goods through the Glovo platform

This list applies subject to the warranty period and terms for the particular model and does not limit the Consumer's mandatory rights established by law.

StatusDescription of the caseApplies to
ScopeThe table applies to goods with an established warranty: tobacco heating systems, traditional and electric hookahs, including IQOS, ENZO, X KAH and devices of other brands, electronic bowls, pipes, parts and accessories.Goods with an established warranty
Non-warrantyMechanical damage after handover: impact, fall, crack, chip, dent, deformation or destruction of a part.Devices, hookahs, bowls, pipes and accessories
Non-warrantyDamage to the heating element due to improper cleaning, a foreign object getting in or a breach of the instructions.Heating systems and electronic bowls
Non-warrantyDamage to charging or electrical contacts due to external impact.Electrical devices
Non-warrantyDamage to a latch, thread, fastening, spring, lid, valve or other part due to incorrect assembly or external impact.Hookahs, bowls, pipes, devices and accessories
Non-warrantyDamage to the USB port, cable, power socket or other connector due to incorrect connection or mechanical impact.Electrical devices
Non-warrantyLiquid, condensation or excessive moisture getting into the electronic part outside the conditions provided for by the manufacturer.Electric hookahs, bowls and heating systems
Non-warrantyOverheating, scorching or exposure to open flame outside the intended operating mode.Devices, bowls and accessories
Non-warrantyContamination of the electronic part with tobacco, charcoal, ash, syrup or another substance due to a breach of the instructions.Electric hookahs, bowls and heating systems
Non-warrantyDismantling, repair, modification or replacement of parts by an unauthorised person, where such interference caused the defect.Devices and assembled accessories
Non-warrantyRemoval, alteration or mismatch of the serial number or other marking, where this makes it impossible to identify the Goods.Goods with an identification number
Non-warrantyUse of an incompatible power supply, cable, accessory or consumable, where this caused the defect.Electrical devices
Non-warrantyNatural wear of consumable parts, seals, brushes, filters, coatings or the battery within a normal service life.Devices and accessories
Non-warrantyBreach of the conditions of use, storage, transport, cleaning or charging, where this caused the defect.All the categories listed
WarrantyThe device does not switch on, does not charge or does not complete the stated operating cycle because of a manufacturing defect.Electrical devices
WarrantyThe standard indicator constantly shows an error despite proper use.Electrical devices
WarrantyWithin the warranty period, the battery capacity significantly fails to match the stated specifications because of a manufacturing defect rather than natural wear.Battery-powered devices
WarrantyHeating does not switch on or stops when the instructions are followed and a working compatible power supply is used.Heating systems and electronic bowls
WarrantyA button, touch screen or other control does not respond because of a manufacturing defect.Electrical devices
WarrantyA software or firmware failure is not fixed by a standard reset or update.Electronic devices
WarrantyThe device switches off or restarts by itself or works unstably because of a manufacturing defect.Electrical devices
WarrantyA factory defect is found in the heating element, electronic module, sensor, control board or indicator.Heating systems, electronic bowls and devices
WarrantyA factory defect is found in the material, casting, weld, thread, bonded joint or assembly that existed before the Goods were handed over.Hookahs, bowls, pipes and accessories
WarrantyLeaks, play, or a faulty valve or joint are caused by a factory defect rather than natural wear of a seal.Hookahs, pipes, hoses and bowls
WarrantyA stated function is missing or there is a significant mismatch with the manufacturer's specifications because of a manufacturing defect.All the categories listed
NoteThe final classification is made after inspection or diagnostics. A smell of tobacco, smoke or other normal signs of use does not make a manufacturing defect a non-warranty case.All the categories listed

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