Return of Purchase
This document sets out how goods bought from IE "VR46" are exchanged and returned, and forms part of the public offer. Consumer rights are exercised under the Law of the Republic of Kazakhstan No. 274-IV of 4 May 2010 "On protection of consumer rights".
The rules on exchanging and returning goods of proper quality apply to hookahs, bowls, hoses, charcoal, care products and other related goods. Tobacco products of proper quality cannot be exchanged or returned; claims about their quality are made under section 3.
1. Related goods of proper quality
1.1. This section applies to hookahs, bowls, hoses, charcoal, care products and other goods that are not tobacco products.
1.2. Within fourteen calendar days of the item being handed over, the Buyer may exchange it for a similar item of a different size, shape, dimension, style, colour or configuration, or, where no such item is available, demand a refund of the sum paid.
1.3. The demand is satisfied where all of the following hold: the item has not been used; its appearance and consumer properties are intact; seals and factory labels are intact; proof of purchase is produced.
1.4. Goods listed in article 14 of the Consumer Rights Protection Act cannot be exchanged or returned, along with other goods whose exchange is restricted by law: rolling tobacco, cigarettes, hookah tobacco, cigarillos, and cigarettes.
.
2. Tobacco products
2.1. Tobacco products are handed to the Buyer at the shop after an inspection in which the Buyer checks the packaging, the integrity of the excise stamp and that the goods match the order.
2.2. Tobacco products of proper quality cannot be exchanged or returned. Such goods cannot be put back on sale, and their circulation is restricted by the Code of the Republic of Kazakhstan "On public health and the healthcare system" and by excise-marking legislation.
2.3. Claims about defects in tobacco products (packaging damage found at handover, incorrect marking, signs that storage conditions were breached) are made under section 3 of this document.
3. Faulty goods
3.1. Where an item is found to be defective, the Buyer may demand, at their choice: replacement with an item of the same brand; replacement with the same item of a different brand with the price adjusted accordingly; a proportionate reduction of the price; the defect to be remedied free of charge; termination of the contract and a refund.
3.2. The Seller must satisfy the demand unless it proves that the defect arose after handover through breach of the rules of use or storage, the acts of third parties, or force majeure.
3.3. Where the cause of a defect is disputed, an expert examination is carried out at the Seller's expense. The Buyer may attend it and may challenge its findings in court.
3.4. The cost of transporting faulty goods to the place where the demand is considered is borne by the Seller.
4. How to make a claim
4.1. Claims are sent to contact@bigsmoke.kz or by WhatsApp to +7 778 888 68 78, stating the order number, the item, the defect or reason for return, with photographs attached.
4.2. The manager agrees the handover method with the Buyer: at the shop at Al-Farabi 21/3, Almaty, or through a courier service.
4.3. Money is refunded by the same method as the payment was made, within 14 days of the goods being accepted and the demand upheld.
4.4. For missing the deadline to satisfy a consumer's demand the Seller pays the penalty set by article 30 of the Consumer Rights Protection Act.
5. Grounds for refusal
5.1. A demand may be refused where: the item has been used, has lost its appearance, or its seals and factory labels are damaged or missing (except where a defect is found); the defect arose through the Buyer breaching the rules of use, storage or transport; the item falls into a category whose exchange and return are restricted by law.
5.2. A refusal is issued in writing, stating the reasons, and sent to the Buyer by the same means as the claim was received.
6. Warranty
6.1. For goods carrying a manufacturer's warranty, claims are made within that warranty period.
6.2. Where no warranty period is set, claims relating to defects may be made within the periods provided by the law of the Republic of Kazakhstan.