Public offer for Big Smoke stores
Effective from 1 September 2026
The individual entrepreneur Rustem Nurlanovich Mukhtarov, trading as IE «VR46», IIN 910605300019, offers any legally capable individual aged twenty-one or over to enter into the following public agreement to buy goods solely for personal, family, household or other use not connected with business activity.
PUBLIC AGREEMENT for retail sale in the domestic trade outlets of IE «VR46»
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 aged twenty-one or over who has accepted this offer, hereinafter the «Buyer».
The Agreement sets out the general terms of the retail sale of Goods. Additional terms, a warranty policy, the manufacturer's instructions and other documents, which the Buyer can read at the Outlet or through Support, may apply to certain types of Goods. Such documents apply insofar as they do not conflict with the mandatory rules of the legislation of the Republic of Kazakhstan.
1. Definitions
1.1. Goods — any goods lawfully offered by the Seller for retail sale at the set price, including: IQOS tobacco heating systems and TEREA heated tobacco products; cigarettes; hookah tobacco; rolling tobacco; other tobacco and excise goods; electric and traditional hookahs, including ENSO, XKAH and other brands; electronic bowls and other heating devices; bowls, pipes, hoses, mouthpieces and other parts; charcoal; rolling papers and filters; accessories for smoking, storage, care and cleaning, and other goods from the Seller's range. The specific list of Goods is determined by the Seller's current range and price list. Goods under this Agreement do not include goods whose sale or distribution is prohibited by the legislation of the Republic of Kazakhstan, including electronic consumption systems (vapes), flavourings and liquids for them, and other goods prohibited from circulation.
1.2. Tobacco products — cigarettes, heated tobacco products, hookah and rolling tobacco, hookah mixtures and other goods classified by law as tobacco products.
1.3. Acceptance — the Buyer's full and unconditional acceptance of the terms of the offer by paying for and receiving the Goods.
1.4. Seller's Outlet — a retail outlet in which the Seller carries out retail trade.
1.5. Support — the Seller's contact service providing information about Goods, purchases, warranty service, exchanges and returns. Phones: +7 778 888 78 81 and +7 778 888 68 81. E-mail: contact@bigsmoke.kz.
1.6. Warranty Policy — a separate document setting out, for particular types and models of Goods, the warranty period, the scope of the warranty and the procedure for diagnostics and service. The Warranty Policy is available to the Buyer at the Outlet and on the Seller's website: Warranty Policy.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer the Goods into the Buyer's ownership, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement and at the price in force at the moment of Acceptance.
2.2. Particular features of the sale, use, exchange, return and warranty service of certain types of Goods may be set by the manufacturer's instructions, warranty documents and the Seller's Warranty Policy. These terms may not reduce the Buyer's rights under mandatory rules of law.
2.3. In the retail sale of Goods, the Seller is guided by the following:
i) tobacco and nicotine-containing products and other goods with a statutory age limit are sold only to persons aged 21 or over;
ii) if there is any doubt about the Buyer's age, the Seller may ask for an identity document and refuse the sale if it is not shown;
iii) consuming tobacco and nicotine carries health risks and can cause addiction; there are no harmless tobacco or nicotine-containing products;
iv) the Goods are not medicines for treating nicotine addiction, unless expressly confirmed otherwise in the manner established by law;
v) the Buyer must follow the labelling, warnings and the manufacturer's instructions for the safe use, storage and disposal of the Goods;
vi) brand names and trademarks are used solely to identify the Goods and belong to their owners. The Seller is not the manufacturer of the Goods, unless expressly stated otherwise.
2.4. The Seller gives the Buyer information and advice about the Goods, including after the sale, at the Outlet or through Support.
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. Prices and other terms are the same for all Buyers, subject to benefits, discounts and special offers permitted by law.
3.2. The Agreement is a contract of adhesion within the meaning of Article 389 of the Civil Code of the Republic of Kazakhstan and is deemed concluded at the moment of Acceptance.
3.3. Before the Agreement is concluded, the Seller may change the offer unilaterally. A new version applies to purchases made after the date it takes effect. The terms of an Agreement already concluded are changed only in the manner provided by law.
3.4. Before buying age-restricted Goods, the Buyer shows an identity document at the request of the sales assistant. If the Buyer refuses to show such a document, the Seller refuses the sale.
3.5. By giving Acceptance, the Buyer confirms that before paying they received the necessary and accurate information about the Goods, the price and the terms of purchase, and accepted this Agreement. Each paid purchase forms a separate Agreement.
4. General provisions on Goods
4.1. The Seller hands over to the Buyer Goods of adequate quality that meet the mandatory requirements of technical regulations and standardisation documents where such requirements apply.
4.2. Information materials at the Outlet are for reference. The colour, size, shape and other visual characteristics in images may differ slightly from reality. The fullest information is on the labelling and packaging, in the manufacturer's instructions and from the sales assistant.
4.3. Before Acceptance, the Buyer may obtain information about the name, quantity, completeness, properties, price, warranty and payment procedure of the Goods.
4.4. The Seller offers for sale only Goods in stock. Demonstration samples specifically marked as not for sale are not sold.
4.5. The absence of a particular type or model of Goods is not a breach of the Agreement. The Seller may change the range and price list until the moment of Acceptance.
4.6. Ownership of the Goods and the risk of their accidental loss or damage pass to the Buyer at the moment of payment and handover of the Goods.
4.7. A commercial warranty is given only for types of Goods for which it has been expressly established by the manufacturer, the Seller, a contract or the law. The warranty 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 warranty period set by the manufacturer. The absence of a commercial warranty does not limit the Buyer's rights regarding defects in the Goods provided by the legislation of the Republic of Kazakhstan.
4.8. Before technical or electrical Goods are sold, the Seller and the Buyer may check their appearance, completeness and working order, unless the nature of the Goods rules out such a check. The Seller may demonstrate safe use on a separate sample.
5. Rights and obligations of the Parties
5.1. The Seller undertakes to:
5.1.1. Hand over Goods of adequate quality to the Buyer on the terms of this Agreement.
5.1.2. Hand over the Goods in suitable packaging that keeps them intact under proper storage and transport.
5.1.3. Hand over the accessories and documents included in the set of the Goods.
5.1.4. Provide complete and accurate information about the Goods, their purpose and the conditions of safe use in good time.
5.1.5. Where possible, give the Buyer the opportunity to inspect the Goods, check their completeness or see a demonstration on a sample, if this is acceptable given the nature of the Goods.
5.1.6. Consider the Buyer's applications and claims in the manner established by the legislation of the Republic of Kazakhstan.
5.2. The Seller may:
5.2.1. Refuse to exchange or accept the return of Goods of adequate quality if it is established that the Goods have been used or that their presentation, consumer properties, seals or labels have not been preserved. The condition of the packaging is taken into account to the extent that damage to it objectively affects the presentation, completeness or consumer properties of the Goods or indicates that they have been used.
5.2.2. Demand payment for the Goods or withdraw from the Agreement if the Buyer refuses to accept or pay for the Goods without a lawful basis.
5.2.3. Change the prices and range of Goods until the moment of Acceptance.
5.2.4. Ask for an identity document when checking age or processing a return, exchange or warranty service.
5.2.5. Carry out a quality check or send the Goods for expert examination where the cause of a defect needs to be established, in the manner and within the periods provided by law.
5.3. The Buyer must:
5.3.1. Pay for the Goods at the price in force at the moment of Acceptance.
5.3.2. State the exact name, model, colour, variant and other details needed to choose the Goods.
5.3.3. Provide accurate information needed to process a purchase, exchange, return or warranty service.
5.3.4. Use and store the Goods in accordance with the labelling, the manufacturer's instructions and safety rules.
5.4. The Buyer may:
5.4.1. Receive complete, accurate and timely information about the Goods and the Seller.
5.4.2. Buy safe Goods of adequate quality.
5.4.3. Exchange or return Goods of adequate or inadequate quality on the terms of this Agreement and the law.
5.4.4. Receive a document confirming the purchase.
5.4.5. Be present during a check of the quality, completeness and working order of the Goods, where this is acceptable given their nature.
6. Price and payment
6.1. The price of the Goods is stated in tenge in the price list, on the price tag and in the payment document. The price includes applicable taxes and mandatory charges.
6.2. The Seller may change the price of unsold Goods until the moment of Acceptance.
6.3. Payment is made:
- in cash;
- by non-cash means using payment cards or other available means of electronic payment.
6.4. The Seller may apply discounts and other special offers on terms communicated to the Buyer before payment.
7. Liability of the Parties
7.1. The Seller is not liable for damage arising solely from the Buyer's breach of the rules of use, storage or transport of the Goods, the actions of third parties or force majeure, if it proves the relevant circumstances.
7.2. Limitations of liability and the exclusion of lost profit apply only to the extent permitted by the mandatory rules of consumer protection law.
7.3. The Parties are liable in accordance with the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan «On Consumer Rights Protection», the Law of the Republic of Kazakhstan «On Regulation of Trade Activities» and other regulatory legal acts.
7.4. For delay in satisfying the Buyer's lawful demands to exchange or return Goods, the Seller pays a penalty of at least 1% of the price of the Goods for each day of delay, unless otherwise established by law or contract.
7.5. A Party is released from liability for non-performance of obligations if it is caused by circumstances that were extraordinary and unavoidable in the given conditions. The Party notifies the other Party of such circumstances without delay and, if necessary, provides proof of them.
8. Exchange, return and warranty service
8.1. If a defect is found within the warranty period, the Buyer contacts the Outlet where the Goods were bought or Support, unless a different procedure has been set for the particular Goods.
8.2. Whether a warranty case exists is determined taking into account the nature of the defect, the results of inspection or diagnostics, the manufacturer's documents, the Warranty Policy and the legislation of the Republic of Kazakhstan.
8.3. 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. Other terms of the manufacturer also apply to a particular model, provided they do not reduce the Buyer's mandatory rights.
8.4. 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.
8.5. An exchange or replacement of Goods may be recorded in a report in the form of Appendix No. 2.
8.6. For certain brands and models, diagnostics, repair or replacement may be carried out by the manufacturer, the importer or an authorised service centre. The procedure is clarified through Support.
8.7. The Seller may introduce additional service or warranty terms that do not restrict the Buyer's rights provided by law.
9. Exchange or return of Goods
9.1. 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 Goods have not been used and their presentation, consumer properties, seals, labels, packaging and completeness have been preserved.
9.1.1. The purchase is confirmed by a payment document, the Seller's records or a serial number and, in their absence, by other evidence admissible by law.
9.1.2. When Goods of adequate quality are returned or exchanged, the Seller checks their presentation, completeness, the integrity of the packaging, seals and labels and identification marks, and the absence of signs of use.
9.1.3. Electric and traditional hookahs, electronic bowls, tobacco heating systems, pipes, hoses, mouthpieces and other devices and accessories are deemed used if they show signs of use: scratches, scuffs, chips, deformation, traces of heating, burning, soot, charcoal, liquid, tobacco or other substances, or a smell of tobacco, smoke, flavourings or burning resulting from use. Goods are also deemed used if there are settings, counters, operating logs or other technical signs of use.
9.1.4. Tobacco products of adequate quality, including cigarettes, heated tobacco products, hookah and rolling tobacco, hookah mixtures and other excise tobacco products, cannot be exchanged or returned after the factory consumer packaging, seal, protective membrane, excise stamp or other first-opening control has been opened or damaged, since in that case their presentation, consumer properties, seals and labels are not preserved.
9.1.5. Charcoal, papers, filters, cleaning products and other consumables of adequate quality cannot be exchanged or returned if their packaging has been opened or damaged, the set is incomplete, or there are signs of use, moisture, dirt or foreign odour that arose after the Goods were handed to the Buyer.
9.1.6. A refusal to exchange or accept the return of Goods of adequate quality is based on the actual condition of the Goods established on inspection, not on the Seller's unlimited discretion. Normal signs of using the Goods for their intended purpose cannot in themselves be grounds for refusing a demand relating to a defect in the Goods.
9.1.7. An exchange or return of Goods is recorded by an application or a report in the form of Appendix No. 2, if the Seller requires such a record.
9.2. The Buyer may make claims in connection with defects in the Goods within the warranty period, the shelf life or another period established by law. Where no warranty period or shelf life has been set, claims may be made within the periods and on the terms provided by the legislation of the Republic of Kazakhstan.
9.2.1. Goods of inadequate quality — Goods that do not meet mandatory requirements, the terms of the Agreement or the information provided about them, and Goods whose shelf life has expired.
9.2.2. 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.
9.2.3. Opened packaging, signs of normal use, or a smell of tobacco or smoke do not deprive the Buyer of rights in connection with a defect in the Goods, unless the defect arose after handover as a result of the Buyer's breach of the rules of use, storage or transport.
9.2.4. The Seller may check the quality of the Goods and, if necessary, arrange an expert examination. If it is established that the defect arose after handover because of the Buyer's breach of the rules of use or storage, the actions of third parties or force majeure, the demand may be rejected in the cases permitted by law.
9.2.5. For the demand to be considered, the Buyer hands the Goods over to the Seller and confirms that they were bought from the Seller. Not having a cash-register receipt does not deprive the Buyer of the right to use other admissible evidence of purchase.
9.3. As a general rule, an exchange, replacement or return is processed at the Outlet where the Goods were bought. A different procedure may be agreed through Support.
9.4. Money is refunded in the manner and within the periods provided by law, in cash at the place of purchase or by bank transfer to the Buyer's details, taking into account the original payment method and the technical capabilities of the payment system.
9.5. If the Buyer cannot visit the Outlet in person, they may contact Support by phone on +7 778 888 78 81 or +7 778 888 68 81. Whether the Goods can be handed over by courier, the diagnostics procedure and the allocation of costs are determined taking into account the reason for the request and the requirements of the law.
10. Personal data
10.1. The Seller processes the Buyer's personal data in accordance with Law of the Republic of Kazakhstan No. 94-V of 21 May 2013 «On Personal Data and Its Protection», the Privacy Policy of IE «VR46» and the Buyer's consent, where required.
11. Final provisions
11.1. Relations between the Buyer and the Seller are governed by the legislation of the Republic of Kazakhstan.
Appendix No. 1. List of warranty and non-warranty cases
| Status | Description of the case | Applies to |
|---|---|---|
| Scope | The table applies to goods with an established warranty: electric hookahs, including ENSO and XKAH, electronic bowls, other heating devices, hookahs, pipes, parts and accessories of other brands. | All the categories listed |
| Non-warranty | Mechanical damage: impact, fall, crack, chip, dent, deformation or destruction of a part. | Devices, hookahs, bowls, pipes and accessories |
| Non-warranty | Damage to the heating element due to improper cleaning, a foreign object getting in or a breach of the instructions. | Electronic bowls and heating devices |
| Non-warranty | Damage to charging or electrical contacts. | Electrical devices |
| Non-warranty | Damage to a latch, thread, fastening, spring, lid or other moving part due to external impact. | Hookahs, bowls, pipes, devices and accessories |
| Non-warranty | Damage to the USB port, cable, power socket or other connector due to incorrect connection or mechanical impact. | Electrical devices |
| Non-warranty | Contact of the electronic part with liquid, condensation or excessive moisture outside the conditions provided for by the manufacturer. | Electric hookahs and electronic bowls |
| Non-warranty | Overheating, scorching or exposure to open flame outside the intended operating mode. | Devices, bowls and accessories |
| Non-warranty | Contamination of the electronic part with tobacco, charcoal, ash, syrup or other substances due to a breach of the instructions. | Electric hookahs and electronic bowls |
| Non-warranty | Dismantling, repair, modification or replacement of parts by an unauthorised person, where this caused the defect. | Devices and assembled accessories |
| Non-warranty | Removal, alteration or mismatch of the serial number or other identification marking, where this makes it impossible to identify the Goods. | Goods with a serial number |
| Non-warranty | Use of an incompatible power supply, cable, accessory or consumable, where this caused the defect. | Electrical devices |
| Non-warranty | Natural wear of consumable parts, seals, brushes, filters, coatings or the battery within a normal service life. | Devices and accessories |
| Non-warranty | Breach of the conditions of use, storage, transport, cleaning or charging, where this caused the defect. | All the categories listed |
| Warranty | The operating cycle is significantly shorter than stated by the manufacturer because of a manufacturing defect. | Electric hookahs and electronic bowls |
| Warranty | The standard indicator constantly shows an error despite proper use. | Electrical devices |
| Warranty | Within the warranty period, the battery capacity does not match the stated specifications because of a manufacturing defect rather than natural wear. | Battery-powered devices |
| Warranty | Heating does not switch on when the instructions are followed and the standard power supply is used. | Electronic bowls and heating devices |
| Warranty | A button, touch screen or other control does not respond because of a manufacturing defect. | Electrical devices |
| Warranty | A software or firmware failure that is not fixed by a standard reset or update. | Electronic devices |
| Warranty | The system error indicator constantly flashes or stays lit with no external damage. | Electrical devices |
| Warranty | The device does not charge with a working compatible power supply and cable. | Battery-powered devices |
| Warranty | The device switches off or restarts by itself or works unstably because of a manufacturing defect. | Electrical devices |
| Warranty | A factory defect of the heating element not related to improper cleaning or mechanical impact. | Electronic bowls and heating devices |
| Warranty | A factory defect of the electronic module, sensor, control board or indicator. | Electrical devices |
| Warranty | A factory defect in the material, casting, weld, thread, bonded joint or assembly that existed before the Goods were handed over. | Hookahs, bowls, pipes and accessories |
| Warranty | Leaks, play, or a faulty valve or joint caused by a factory defect rather than natural wear of a seal. | Hookahs, pipes, hoses and bowls |
| Warranty | A stated function is missing or there is a significant mismatch with the manufacturer's specifications because of a manufacturing defect. | All the categories listed |
| Note | The final classification of a case 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 |
Appendix No. 2. Record of exchange or replacement of goods
to the Public Agreement for retail sale in the domestic trade outlets of IE «VR46»
City ________________________________ «____» __________________ 20____
This record is made between:
Buyer's full name: _____________________________________________________________________
ID card / passport No.: __________________________________________________
Date and issuing authority: ____________________________________________________________________
Registered address: ______________________________________________________________________
Contact phone: ___________________________________________________________________
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:
| Name of goods and SKU | Identification / serial number | Original packaging number |
|---|---|---|
Place of purchase: ___________________________________________________________
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:
| Name of goods and SKU | Identification / serial number | Original packaging number |
|---|---|---|
Place of handover: __________________________________________________________________
Date of handover: «____» __________________ 20____.
3. Grounds for the exchange or replacement:
| Mark | Ground | Description of the reason |
|---|---|---|
| ☐ | Exchange of Goods of adequate quality within 14 calendar days | |
| ☐ | Exchange or replacement of Goods of inadequate quality | |
| ☐ | Replacement in a warranty case | |
| ☐ | Replacement under an additional service or warranty condition | |
| ☐ | Other |
Signatures:
| Buyer | Seller / representative of IE «VR46» |
|---|---|
| __________________ ______________________________ signature full name |
__________________ ______________________________ signature full name |
This is a translation. In the event of any discrepancy, the Russian version prevails.