Public Offer

This document sets out the terms on which [fill in: legal name, BIN] (the Seller) supplies goods to buyers, and how the parties deal with each other when an order is placed through bigsmoke.kz. It is a public offer in respect of goods whose distance sale is not restricted by the law of the Republic of Kazakhstan. Version of [fill in: date].

1. Definitions

1.1. Seller — [fill in: legal name, BIN, registered address]; retail premises: Al-Farabi 21/3, AFD Plaza, Almaty, Republic of Kazakhstan.

1.2. Buyer — an individual of legal capacity aged twenty-one or over, or a legal entity, who has submitted a Request.

1.3. Site — the bigsmoke.kz web resource in all its language versions, owned by the Seller.

1.4. Request — a list of goods assembled on the Site or passed on by phone or messenger, expressing the Buyer's intention to purchase. A Request does not conclude a contract and does not oblige the Seller to hand over the goods until it is confirmed.

1.5. Tobacco products — hookah tobacco, shisha mixes and other tobacco products, the circulation of which is governed by the Code of the Republic of Kazakhstan No. 360-VI of 7 July 2020 "On public health and the healthcare system".

1.6. Related goods — hookahs, bowls, hoses, charcoal, care products and other goods that are not tobacco products.

2. Status of the information on the Site

2.1. Information about tobacco products is published for reference, is addressed to adult consumers and does not constitute a public offer. The Seller does not sell tobacco products at a distance: under the law of the Republic of Kazakhstan such goods are on the list of goods barred from placement and sale on electronic trading platforms.

2.2. A retail contract for tobacco products is concluded solely at the Seller's premises, in the Buyer's presence and against an identity document. Submitting a Request on the Site amounts only to reserving the goods at those premises.

2.3. In respect of related goods this document is a public offer: the contract is concluded on the terms below once the Seller confirms the Request and the Buyer pays for it.

2.4. The Seller may set the handover method for particular categories of goods, including handover at its premises only. Any such condition is communicated to the Buyer when the Request is confirmed.

3. Age restriction

3.1. The goods presented on the Site are intended for persons aged twenty-one and over. By confirming their age when entering the Site, the Buyer warrants to the Seller that they have reached that age.

3.2. Under article 110 of the Code "On public health and the healthcare system", the Seller must refuse the sale where no identity document is produced. The Buyer's age is checked at handover, by the Seller's manager at the premises or by the delivery courier.

3.3. Where the Buyer refuses to produce a document, or where there is reasonable doubt that the Buyer is twenty-one, the goods are not handed over. Money already paid is returned to the Buyer less the delivery costs actually incurred by the Seller.

3.4. Purchasing goods in the interest of a minor, or passing purchased goods to a minor, is prohibited. Liability for such acts rests with the person committing them.

4. The Buyer's warranties and obligations

4.1. By submitting a Request the Buyer warrants that they are twenty-one or over; have the necessary legal capacity; are buying for personal consumption and not for resale to minors; and have given accurate information necessary to fulfil the order.

4.2. The Buyer is responsible for the accuracy of the contact details and address they provide. The Seller is not liable for non-performance or delay caused by inaccurate or incomplete information.

4.3. The Buyer acknowledges that consuming tobacco products harms health and accepts the associated risks.

5. Placing and confirming an order

5.1. The Buyer submits a Request on the Site, by phone or in a messenger.

5.2. The Seller's manager contacts the Buyer to confirm the items, the price, the payment method and the handover method. There is no automated checkout and no automated payment on the Site.

5.3. The Seller may decline a Request in whole or in part: where goods are unavailable, where there is reasonable doubt about the Buyer's age, where there are signs of purchase for resale, or where fulfilling the Request would otherwise conflict with the law of the Republic of Kazakhstan. A refusal does not oblige the Seller to compensate the Buyer's costs, save for returning sums already paid.

5.4. Until the Request is confirmed the Buyer may cancel it with no consequences.

6. Price and payment

6.1. Prices on the Site are in tenge (KZT) and include the taxes required by the law of the Republic of Kazakhstan.

6.2. The price for a given order is fixed when the manager confirms the Request. Until then the Seller may change the prices published on the Site.

6.3. Payment is made by Kaspi QR, Halyk QR, or in cash or by card at the premises on collection. Any other method is agreed separately.

6.4. The Buyer's payment obligation is discharged when the funds reach the Seller.

6.5. Where a price is obviously wrong through a technical error (a typo, a failed import) and this is apparent to a reasonable Buyer, the Seller may cancel the Request, notifying the Buyer and refunding any sums paid in full.

7. Handover, delivery and collection

7.1. Collection — at Al-Farabi 21/3, AFD Plaza, Almaty; a separate entrance by the car park, access from Karatayev street. Opening hours: [fill in: opening hours].

7.2. Delivery of related goods within Almaty is carried out by a third-party courier service (Yandex.Delivery). The fee is set by that service and communicated to the Buyer before payment. Delivery beyond Almaty — [fill in: terms and carrier].

7.3. The Seller is responsible for handing over goods matching the confirmed Request. For the courier service's acts during carriage the Seller is liable within the limits set by law and by its contract with that service.

7.4. The Buyer must check the completeness, quantity and condition of the goods on receipt. Claims about visible damage to packaging and about shortfalls are made at the moment of handover; once receipt documents are signed such claims are not accepted, except for latent defects.

7.5. The risk of accidental loss or damage passes to the Buyer when the goods are handed to the Buyer or to a courier acting on the Buyer's instruction.

7.6. If the Buyer fails to collect or accept the goods within the agreed period for reasons outside the Seller's control, the Seller may cancel the order, retaining the costs actually incurred.

8. Quality, exchange and return

8.1. The Buyer's rights to exchange and return goods are exercised under the Law of the Republic of Kazakhstan No. 274-IV of 4 May 2010 "On protection of consumer rights" and are set out in the "Return of purchase" document, which forms part of this offer.

8.2. Nothing in this offer limits the rights granted to a consumer by the law of the Republic of Kazakhstan. Any provision conflicting with those rights does not apply.

8.3. The Seller is not liable for defects arising after handover through breach of the rules of use or storage, the acts of third parties, or force majeure.

9. Liability

9.1. The parties are liable in accordance with the law of the Republic of Kazakhstan.

9.2. The Seller's aggregate liability for any order is limited to the price of the goods paid for, except where the law provides for greater liability.

9.3. The Seller does not compensate lost profit or indirect losses, to the extent the law permits.

9.4. The Seller is not liable for health consequences arising from the consumption of tobacco products, for use of goods other than as intended, or for the Buyer breaching age restrictions by passing goods to third parties.

9.5. The Seller is not liable for the Site being temporarily unavailable because of maintenance, communication failures or the acts of third parties.

10. Force majeure

10.1. The parties are released from liability for non-performance caused by force majeure, including natural disasters, hostilities, acts of state authorities and prolonged outages of payment systems, delivery services and communication networks.

10.2. The party affected notifies the other within a reasonable time.

11. Dispute resolution

11.1. Before going to court the Buyer sends the Seller a written claim to contact@bigsmoke.kz setting out the demand and attaching supporting documents.

11.2. The Seller considers the claim and replies within [fill in: period, e.g. 10 working days] of receiving it.

11.3. Failing agreement, the dispute is resolved by a court under the law of the Republic of Kazakhstan.

12. Personal data

12.1. By submitting a Request the Buyer consents to the collection and processing of their personal data on the terms set out in the Privacy Policy.

12.2. An order cannot be fulfilled without processing a surname, first name, phone number and handover address.

13. Intellectual property

13.1. The content of the Site, including texts, images, design elements and the structure of the catalogue, is protected by copyright law. Use of the Site's materials without the Seller's written consent is not permitted, except as expressly allowed by law.

14. Final provisions

14.1. This offer takes effect on the date of its publication on the Site and remains in force until withdrawn by the Seller.

14.2. The Seller may amend the offer. The version in force on the date a Request was confirmed applies to the parties' relationship. The current version is published on the Site.

14.3. Seller's details: [fill in: legal name, BIN, registered address, bank, IIC, BIC].

14.4. Contact: contact@bigsmoke.kz, +7 778 888 68 78, WhatsApp on the same number.