Public sales agreement for Bigsmoke.kz

An offer to enter into an agreement for the retail sale of goods using an e-commerce website, with the mandatory direct participation of the Seller or its authorised representative in the sale and handover of Age-Restricted Goods.

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. For Tobacco Products and other Age-Restricted Goods, the Website is used to view the range, put together an Order, undergo a preliminary age check, and choose the method of receipt and payment. Placing an Order, completing Remote Verification and making a prepayment do not remove the requirement for the Seller or its authorised representative to participate directly in checking age and physically handing over such Goods.

PUBLIC AGREEMENT for the retail sale of goods on the Bigsmoke.kz e-commerce website

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, hereinafter the «Buyer».

The Agreement sets out the terms for choosing, reserving, ordering, paying for, delivering, handing over, accepting, exchanging and returning Goods using the Bigsmoke.kz Website. Tobacco Products and other Age-Restricted Goods may be purchased and physically received only by persons aged twenty-one or over. Such Goods are handed over only with the direct participation of the Seller or the Seller’s Representative, after a mandatory check of the original document identifying the Recipient.

1. Definitions

1.1. Website — the Bigsmoke.kz online store through which the Buyer views the range and puts together and places an Order.

1.2. Goods — any goods lawfully offered by the Seller in the Catalogue, including IQOS tobacco heating systems and TEREA heated tobacco products; cigarettes; hookah and rolling tobacco; other tobacco and excise goods permitted for circulation; electric and traditional hookahs, including ENSO, XKAH, Kalaud, APEX, NEO HEISS and 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 from the Seller's range. Goods do not include electronic consumption systems, liquids, flavourings or other goods whose import, production, sale or distribution is prohibited by the legislation of the Republic of Kazakhstan.

1.3. Tobacco products — cigarettes, heated tobacco products, hookah and rolling tobacco, hookah mixtures and other goods classified by law as tobacco products.

1.4. Catalogue — the list of available Goods published on the Website, with their names, main characteristics and prices to the extent permitted by law for the category concerned.

1.5. Order — a request put together and sent by the Buyer to reserve and purchase the selected Goods, stating the quantity, payment method, and method and address of receipt. For Age-Restricted Goods, an Order does not unconditionally confirm that the Goods may be sold and handed over until the Seller confirms it following the checks required by this Agreement.

1.6. Account — the Buyer's personal section of the Website, where registration is supported by its functionality.

1.7. Acceptance — the Buyer’s full and unconditional acceptance of the terms of this offer by taking the actions set out in section 3 of the Agreement. The Buyer’s Acceptance of the offer does not in itself confirm that the age check has been passed or entitle the Buyer to demand handover of Age-Restricted Goods without meeting the requirements of this Agreement and the legislation of the Republic of Kazakhstan.

1.8. Support — the Seller's contact service for questions about the Website, Orders, payment, delivery, exchanges, returns and warranty service. Phones: +7 778 888 78 81 and +7 778 888 68 81. E-mail: contact@bigsmoke.kz.

1.9. Warranty Policy — a separate document 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.

1.10. Age-Restricted Goods — Tobacco Products, heated tobacco products, hookah tobacco, hookah mixtures, tobacco heating systems and other goods whose sale or handover is permitted only to persons who have reached the age prescribed by law.

1.11. Seller’s Representative — an employee of the Seller, or an individual, employee or other authorised member of staff of a contractor engaged by the Seller, whom the Seller has authorised, under an employment relationship, contract, written instruction, power of attorney, job description or other appropriate document, to act on the Seller’s behalf in identifying the Recipient, checking age, deciding whether to hand over or refuse to hand over the Goods and/or physically handing the Goods to the Recipient.

1.12. Recipient — the Buyer or another individual named in the Order in advance, to whom the Goods are intended to be physically handed over. Only a person aged twenty-one or over, whose identity and age have been confirmed immediately before handover, may be the Recipient of Age-Restricted Goods.

1.13. Remote Verification — a preliminary check of the Buyer’s identity and age by video call, a digital identification service or another lawful method before the Order is confirmed. Remote Verification does not replace checking the Recipient immediately upon handover of Age-Restricted Goods.

1.14. Age Check at Handover — a check conducted by the Seller or the Seller’s Representative immediately before handing over the Goods, covering the original document identifying the Recipient, the Recipient’s identity, whether the Recipient has reached the age of twenty-one, and whether the Recipient matches the details of the confirmed Order.

1.15. Personal Handover — physically handing Age-Restricted Goods to the Recipient by the Seller or the Seller’s Representative after a successful Age Check at Handover. Leaving Goods at the door, in a locker, with a concierge, neighbour or other third party, or in a publicly accessible place is not Personal Handover.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer the selected and confirmed Goods into the Buyer’s ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement and the Order. For Age-Restricted Goods, the Seller’s handover obligation is fulfilled only after directly checking the Recipient and physically handing the Goods to an eligible Recipient.

2.2. The name, range, quantity, completeness, price, and method of payment and receipt of the Goods are determined by the Catalogue and the confirmed Order. For Age-Restricted Goods, the confirmed Order must also contain details of the Recipient and the selected method for conducting the Age Check at Handover. The Recipient may be changed only with the Seller’s prior agreement and after the new Recipient has passed the necessary checks.

2.3. The Seller sells only Goods in lawful circulation. Publishing information about Goods in the Catalogue provides information about the range and the possibility of submitting an Order, but does not create an unconditional obligation for the Seller to hand over the Goods if their sale is restricted by law, the Buyer or Recipient does not meet the age requirements, or the check required by the Agreement cannot be carried out.

2.4. Brands and trademarks are used solely to identify Goods and belong to their owners. The Seller is not the manufacturer of the Goods, unless expressly stated otherwise.

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 and other terms are the same for all Buyers, subject to discounts, benefits and special offers permitted by law.

3.2. Before placing an Order, the Buyer reads this offer, the characteristics of the Goods, the final price, and the payment and delivery terms. Registration on the Website is not in itself Acceptance. Before submitting an Order containing Age-Restricted Goods, the Buyer also reads the procedures for Remote Verification and the Age Check at Handover, the grounds for refusing handover, and the prepayment refund procedure.

3.3. The Buyer agrees to the terms of this offer by putting together an Order, ticking a box confirming that they have read and agree to the offer, the privacy policy and other mandatory documents, and pressing “Submit order”, “Continue checkout”, “Go to checkout” or another button with a similarly unambiguous meaning. For Age-Restricted Goods, submitting an Order, its automatic registration, completing Remote Verification and making a prepayment do not finally confirm that the Goods may be handed over. Handover is permitted only after a successful Age Check at Handover.

3.4. Each Order confirmed by the Seller forms a separate Agreement. For an Order containing Age-Restricted Goods, performance of the Agreement is conditional on the Recipient successfully passing the Age Check at Handover. If the check is not passed, the Seller refuses to hand over the Goods, cancels the Order in whole or in the relevant part, and refunds the payment received in the manner and within the periods prescribed by law and this Agreement.

3.5. Before Acceptance, the Seller may change this offer, the Catalogue, prices and delivery terms. Changes apply only to Orders placed after the new version takes effect.

3.6. By placing an Order, the Buyer confirms that the information provided is accurate, that they have reached the age required to buy the selected Goods, and that they intend to buy them for purposes not connected with business activity. The Buyer’s confirmation of their age by ticking a box on the website or stating their date of birth is not, on its own, a sufficient basis for handing over Age-Restricted Goods.

3.7. The Seller may refuse to confirm or fulfil an Order for Age-Restricted Goods if:

• the Buyer or Recipient is under twenty-one;
• Remote Verification or the Age Check at Handover has not been passed;
• the details in the Order, the document presented and the identity of the person being checked do not match;
• the document presented is invalid, damaged or does not allow age to be reliably established;
• there are grounds to believe that another person’s data was used to place the Order;
• the Goods are intended to be received by someone not named in the Order;
• handover would contravene the legislation of the Republic of Kazakhstan.

3.8. Refusal to hand over Age-Restricted Goods because a mandatory check has not been passed does not constitute a breach of the Seller’s handover obligation. The consequences of such refusal, including refund of the prepayment and the treatment of costs of delivery already undertaken, are governed by law and sections 7 and 8 of this Agreement.

4. General provisions on Goods

4.1. Before the Agreement is concluded, the Seller provides on the Website or at checkout 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 other images of Goods are for reference. Colour, shape and other visual characteristics may differ slightly from reality because of screen settings, lighting or changes to the packaging by the manufacturer. 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 oblige the Seller to deliver them 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 Seller, a contract or the law. 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 may not shorten the manufacturer's warranty period. The absence of a commercial warranty does not limit the Buyer'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.

5. Registration and account

5.1. The Website may allow an Order to be placed after registration or without creating an Account, where that option is available to the Buyer.

5.2. Access to restricted sections of the Website and the ability to place an Order for Age-Restricted Goods are granted only to persons aged twenty-one or over. The Seller conducts a preliminary age check using an available lawful method and must ensure that an Age Check is repeated immediately upon handover of the Goods. The preliminary check does not replace checking the original document at handover.

5.3. When registering and placing an Order, the Buyer provides only the information needed to create an Account, process the Order, take payment, deliver, verify age and comply with the law. The information requested is determined by the Website’s forms. When checking age, the Seller collects only personal data objectively necessary to confirm identity and age, process the Order and comply with the law.

5.4. The Buyer must provide accurate and up-to-date information, keep it up to date themselves and not use another person’s data without a lawful basis. The Buyer must not use another person’s document, upload an image of another person’s document, give a minor access to the Account, or order Age-Restricted Goods for subsequent handover to a person under twenty-one.

5.5. The password and other means of access to the Account are confidential. The Buyer does not share them with third parties and tells Support immediately if they suspect unauthorised access.

5.6. The Seller may suspend or terminate access to an Account in the event of a breach of the Agreement, an attempt by an underage person to buy restricted products, use of false data, abuse of the service or a threat to the security of the Website. Such a restriction does not end obligations under Agreements already concluded.

5.7. The Seller may require Remote Verification to be repeated if personal details change, there are signs that another person is using the Account, the Recipient changes, discrepancies are found, or there are reasonable doubts about the accuracy of the information provided.

5.8. The result of a preliminary Account check does not guarantee handover of a particular Order. The decision to hand over Age-Restricted Goods is made after the Age Check at Handover.

6. Placing and processing an Order

6.1. To place an Order, the Buyer:

• selects Goods and adds them to the cart;
• checks the name, quantity, variant and price;
• provides accurate contact details, details of the Recipient, and the method and address of receipt;
• undergoes Remote Verification if the Order contains Age-Restricted Goods;
• chooses an available payment method;
• checks the total cost of the Order and delivery;
• confirms that they have read the offer, the privacy policy, the consent to personal data processing and the age-check procedure;
• presses “Submit order”, “Continue checkout” or another button with a similarly unambiguous meaning;
• makes a prepayment where necessary.

6.2. After receiving the Order, the Seller checks the availability of the Goods, the accuracy and sufficiency of the information provided, the result of Remote Verification, the possibility of delivery, whether the Recipient meets the age requirements, and compliance with other statutory restrictions. The Seller may contact the Buyer to clarify details or conduct an additional check.

6.3. Confirmation of the Order, its number and main details are sent by e-mail, SMS, through the Account, a messenger or by another means stated on the Website. A message confirming automatic registration of the Order does not confirm that the age check has been passed or guarantee handover of Age-Restricted Goods.

6.4. The Seller does not substitute Goods with another name, model, flavour, colour or set without the Buyer's consent.

6.5. Before the Order is handed over, the Buyer may contact Support to ask whether it can be changed or cancelled. The Recipient of Age-Restricted Goods may be changed only with the Seller’s consent and subject to a preliminary check of the new Recipient. Goods are not handed over to a person not named in the confirmed Order.

6.6. The Seller may set reasonable limits on the quantity of certain Goods in one Order or over a certain period to comply with the law, keep the range available and prevent Goods being bought for unlawful resale. Such limits are communicated to the Buyer before Acceptance.

6.7. The Seller does not conduct fully automated sales of Age-Restricted Goods. Processing such an Order includes the participation of an employee or the Seller’s Representative in checking the Order, the age of the Buyer or Recipient, and physically handing over the Goods.

6.8. If an Order contains both Age-Restricted Goods and other Goods, the Seller may split it into separate shipments or apply age-check requirements to the entire Order.

7. Price and payment

7.1. The price of Goods is stated in tenge in the Catalogue, the cart, the Order confirmation and the payment document. The price includes applicable taxes and mandatory charges.

7.2. The cost of delivery is not included in the price of Goods unless the Website expressly states otherwise. It is shown before the Order is confirmed or determined by the published rates.

7.3. The total cost of a confirmed Order is not changed unilaterally, except to correct an obvious technical error with prior notice to the Buyer and an opportunity for them to accept the changed price or cancel the Order.

7.4. Payment is made by a method available at checkout: cashless prepayment, payment on receipt or another lawful method displayed on the Website. If a particular method is unavailable, the Buyer chooses another offered option. For Age-Restricted Goods, prepayment may be accepted only on condition that it is refunded if handover is refused because the mandatory age check is not passed, less any amounts whose deduction is expressly permitted by law.

7.5. When an electronic payment is processed, card details are passed to the payment organisation or bank over secure channels. The Seller does not receive or store the full card number, expiry date or security code, unless the payment technology used and the law expressly provide otherwise.

7.6. The payment obligation is fulfilled once the payment system confirms the payment or the Seller receives the funds by the relevant method. The Buyer’s fulfilment of the payment obligation does not remove the requirement to pass the Age Check at Handover and does not in itself oblige the Seller to hand over Goods to a person who does not meet the requirements of this Agreement or the law.

7.7. The Seller provides the Buyer with a fiscal receipt, cash receipt or other payment document required by law. The time when the payment document is issued is determined by the applicable statutory requirements and the payment method used.

7.8. Discounts, promo codes and special offers apply on the terms published on the Website. They cannot be exchanged for money unless the terms of the offer expressly provide otherwise.

7.9. For payment on receipt, the Seller’s Representative first conducts the Age Check at Handover. Payment is accepted and the Goods are handed over only after the check has been successfully completed.

7.10. If handover of prepaid Goods is refused, the Seller’s Representative does not hand the Goods to the Recipient and returns them to the Seller. The refund is made by a method compatible with the original payment method, unless the parties agree on another method that is not prohibited by law.

8. Delivery and receipt of Goods

8.1. The Order is delivered by the Seller or a contractor engaged by the Seller. When delivering Age-Restricted Goods, the individual handing them over acts as the Seller’s Representative within the authority granted to identify the Recipient, check age, decide whether to hand over or refuse to hand over the Goods, and physically hand them over. Engaging a delivery service does not release the Seller from liability for proper performance of its obligations to the Buyer.

8.2. The delivery period starts after the Order is confirmed and, where prepayment is required, after payment is confirmed. The period may be indicative if this is expressly stated at checkout. Age-Restricted Goods are released for delivery only to a contractor with whom the Seller has contractually established procedures for checking age, refusing handover, protecting personal data, recording the check result and returning undelivered Goods.

8.3. The Buyer ensures that they can be contacted and that the Recipient named in the Order is personally present at the delivery address during the agreed period. The Buyer must ensure that the Recipient is ready to present an original, valid identity document. Handover to another person without the Seller’s prior agreement is not permitted.

8.4. Immediately before handing over Age-Restricted Goods, the Seller’s Representative must:

• establish the Recipient’s identity;
• request and visually check an original, valid identity document or a digital document permitted by the legislation of the Republic of Kazakhstan;
• ensure that the Recipient has reached the age of twenty-one;
• compare the Recipient with the details and photograph in the document;
• check that the Recipient matches the details of the confirmed Order;
• decide whether to hand over or refuse to hand over the Goods;
• record the result in the manner established by the Seller, without collecting excessive personal data.

8.5. The Seller’s Representative must refuse to hand over Age-Restricted Goods if:

• the Recipient does not present an original document or a permitted digital document;
• the Recipient is under twenty-one;
• the Recipient’s identity does not match the document or the Order details;
• the document is invalid, damaged or does not allow identity and age to be reliably established;
• someone other than the Recipient, not agreed with the Seller, appears to receive the Goods;
• there are signs of document forgery, handover of the Order to a minor or another breach of the law.

If handover is refused, the Goods remain with the Seller’s Representative and are returned to the Seller.

8.6. Age-Restricted Goods must not be left without Personal Handover, including at the door, at reception, with a concierge, neighbour or relative, in a parcel locker, storage locker or publicly accessible place, or handed to a person who has not passed the Age Check at Handover. A confirmation code, a message by phone or presence at the delivery address does not replace checking the original document.

8.7. On receipt, the Buyer checks the quantity, range, completeness, visible damage and integrity of the packaging. Any discrepancies are recorded in a report, a message to the delivery service or by another available means. In the event of a material discrepancy, the Buyer may refuse to accept the relevant Goods. Inspection of the Goods takes place after a successful age check and before the Recipient finally confirms acceptance.

8.8. Signing a receipt document, providing a confirmation code or otherwise confirming delivery certifies that the Order has been handed over, but does not deprive the Buyer of rights relating to hidden defects, shortages or other breaches that could not objectively have been identified during ordinary acceptance. Confirmation of handover of Age-Restricted Goods must allow the Order number, date and time of handover, the Seller’s Representative, the age-check result and the Recipient’s acceptance of the Goods to be established. A full copy of the identity document is not included in the handover confirmation, except where expressly permitted by law.

8.9. Ownership and the risk of accidental loss of or damage to the Goods pass to the Buyer when the Goods are physically handed over to the Buyer or the agreed Recipient. For Age-Restricted Goods, this occurs only after the Age Check at Handover has been successfully completed and the Goods have been physically handed over. Giving Goods to a delivery service or the Seller’s Representative for transport does not constitute handover to the Buyer.

8.10. If the Recipient refuses the Order or the Seller refuses handover because the age check has not been passed, the Goods are returned to the Seller. The prepayment for Goods not handed over is refunded to the Buyer. Reimbursement or deduction of costs of delivery already undertaken is permitted only in the cases and within the limits prescribed by law and communicated to the Buyer in advance.

8.11. The Seller is not liable for a missed delivery date caused by an inaccurate address, inability to contact the Buyer, failure to show the required document or another circumstance on the Buyer's side, if the Seller proves the causal link and took reasonable steps to fulfil the Order.

8.12. A Seller’s Representative selling or handing over Age-Restricted Goods must be at least eighteen years old.

8.13. The Seller’s Representative may not delegate their authority to check and hand over Goods to the Recipient unless such delegation has been expressly agreed with the Seller and the person concerned has completed the necessary training and has been granted the authority of a Seller’s Representative.

9. Goods of inadequate quality and warranty service

9.1. If a defect is found, the Buyer contacts 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.

9.2. The Buyer 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 within the periods and on the terms provided by the legislation of the Republic of Kazakhstan.

9.3. In respect of Goods of inadequate quality, the Buyer 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. The Buyer hands over the Goods in the manner agreed with Support. Not having a cash-register receipt does not deprive the Buyer of the right to use other admissible evidence that the Goods were bought from the Seller.

9.5. Opened packaging, signs of normal use, or a smell of tobacco or smoke do not deprive the Buyer of rights relating to a manufacturing defect, unless the defect arose after handover as a result of a breach of the rules of use, 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 Support before they are sent.

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

9.8. A general list of warranty and non-warranty cases for electric hookahs, electronic bowls, heating devices, hookahs, pipes 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, the 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 Buyer's mandatory rights against the Seller.

9.11. An exchange or replacement of Goods may be recorded in a report in the form of Appendix No. 2.

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 Buyer 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 Buyer may return the Goods and receive the amount paid, provided the conditions 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. Electric and traditional 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 original consumer packaging, seal, protective membrane, excise stamp or other tamper-evident feature has been opened or damaged, because in that case their saleable appearance, consumer properties, seals and labels are not preserved. This restriction does not apply to the Buyer’s claims relating to defects in the Goods, a mismatch with the Order, a breach of mandatory quality, labelling or safety requirements, or another breach by the Seller.

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 Buyer.

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 of use 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 Buyer first contacts Support and receives the address and method for handing over the Goods. Sending them without agreement does not deprive the Buyer of their legal rights, but may increase the processing time and costs where the law allows.

10.8. The costs of delivering returned Goods of adequate quality are borne by the Buyer, unless otherwise established by law, the terms of the Order 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.

10.10. An exchange or return may be recorded in an application or a report in the form of Appendix No. 2.

11. Personal data and electronic messages

11.1. The Seller collects and processes personal data in accordance with the legislation of the Republic of Kazakhstan, the Privacy Policy of IE «VR46» and the data subject’s separate consent to personal data processing, where such consent is required. Before Remote Verification begins, the Buyer is informed of the data collected, the purposes, methods and periods of processing, possible transfers to third parties, and how to withdraw consent.

11.2. Personal data is used solely for registration, identification of the Buyer and Recipient, confirmation of age, processing and fulfilment of the Order, payment, delivery, handover of Goods, returns, warranty service, prevention of abuse and compliance with the law. The data processed must not be excessive in relation to these purposes.

11.3. To the extent necessary to perform the relevant function, personal data may be transferred to an engaged delivery service, payment organisation, bank, identification service provider, service centre, information services provider and public authorities where there is a statutory basis. The Seller ensures that the purposes of processing are contractually restricted and that engaged parties maintain confidentiality and apply appropriate safeguards.

11.4. During Remote Verification by video call, a recording of the call and an image of the document are not retained unless the Buyer is expressly informed otherwise in advance, retention is necessary for a specific lawful purpose, and the required consent to such processing has been obtained. As a general rule, the Seller records the check result, date, method and the authorised employee’s identifier.

11.5. The Seller does not require a photograph or scanned copy of a document to be sent through unsecured communication channels. Where technically possible, the original is checked visually by video call or a permitted digital identification service is used.

11.6. A Seller’s Representative making a delivery is prohibited from photographing, copying or saving the Recipient’s document on a personal device. The Representative records only the check result and the details required by the procedure approved by the Seller.

11.7. The retention period for the age-check result is limited to the period necessary to achieve the processing purposes, perform the Agreement, consider claims and comply with mandatory retention periods. Once the purposes have been achieved, the data is deleted, destroyed, anonymised or otherwise ceases to be processed in the manner prescribed by law.

11.8. Cross-border transfers, transfers to a delivery service, and use of an external video-call or identification service take place only where there is a legal basis reflected in the Privacy Policy and the data subject’s consent, where such consent is required.

11.9. The terms for the use of cookies and similar technologies are set out in the separate Cookie Policy and the consent settings on the Website.

11.10. Service messages about registration, the Order, payment, delivery, returns and security are sent to perform the Agreement. Advertising messages are sent only with the required consent and can be switched off by the means provided.

12. Final provisions

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

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

12.3. The Parties are liable for breach of obligations in accordance with the law. For delay in satisfying a lawful demand of the Buyer, the Seller pays a penalty of at least 1% of the price of the Goods for each day of delay, unless otherwise established by the applicable law or contract.

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

12.5. Claims and enquiries are sent by e-mail to contact@bigsmoke.kz, through an available form on the Website or by phone on +7 778 888 78 81 and +7 778 888 68 81. The Seller's postal address: 21 Al-Farabi Avenue, non-residential premises 1177, Almaty, Republic of Kazakhstan, 050013 (A15E2X1).

12.6. The Seller approves internal instructions on Remote Verification, the Age Check at Handover, refusal of handover and return of Goods not handed over. Employees and the Seller’s Representatives may perform these functions only after familiarising themselves with the relevant instructions and personal data protection requirements.

12.7. The authority of an engaged delivery service and its employees to act as the Seller’s Representatives must be set out in the contract between the Seller and that service, including authority to check documents, refuse handover, return Goods, record check results and process personal data. Merely describing a person as a “courier”, without granting the relevant authority, does not mean that the person acts as the Seller’s Representative.

12.8. If an engaged person acts on the Buyer’s behalf and collects Goods directly at the Seller’s domestic retail premises, the transaction is treated as collection by the Buyer’s representative, not delivery by the Seller. In this case, the Seller checks the age and authority of the person to whom the Goods are physically handed over.

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

Appendix No. 2. Record of exchange or replacement of goods

to the Public Agreement for the retail sale of goods on the Bigsmoke.kz e-commerce website

City ________________________________ «____» __________________ 20____

This record is made between:

Buyer's full name: ________________________________________________________________________

Identity document presented: (yes / no) _________________________

Identity and age checked: (yes / no) _______________________________________________

Check conducted by: employee’s full name / identifier: ___________________________________

Date and time of check: _______________

Contact phone: ____________________________________________________________________

Order number: __________________________________________________________________________

hereinafter the «Buyer», of the one part, and IE «VR46», hereinafter the «Seller», of the other part, as follows.

1. The Buyer has handed over to the Seller, and the Seller has accepted, the following Goods:

Place of purchase: the Bigsmoke.kz website

Date of purchase: «____» __________________________ 20____.

2. In exchange for the Goods accepted, the Seller has handed over to the Buyer, and the Buyer has accepted, the following Goods:

Method and place of handover: _________________________________________________________

Date of handover: «____» __________________________ 20____.

3. Grounds for the exchange or replacement:

Signatures:

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