PUBLIC OFFER AGREEMENT

online store Lamitta.me

This agreement between the online store Lamitta.me, hereinafter referred to as "The Online store” (or “The Seller") and the user of the online store's services, hereinafter referred to as the "Client", determines the conditions for purchasing the Products through the online store Website https://Lamitta.me.
1. GENERAL TERMS
1.1. By ordering the Product through the online store, the Client agrees with the terms of purchase of the goods (hereinafter referred to as the Terms) set out below.
1.2. These Terms, as well as Product information given on the Website, is a public offer in accordance with article 395 of the Civil Code of the Republic of Kazakhstan, and if the terms set out below are accepted by an individual, he/she will be obliged to pay for the Products in accordance with the terms of this Agreement. In accordance with paragraph 3 of article 396 of the civil code of the Republic of Kazakhstan, payment for the Products by the Client constitutes the acceptance of an offer, which is considered equivalent to signing a Contract on the terms set out in the offer.
1.3. The provisions of the Civil code of the Republic of Kazakhstan (including the regulation on the retail sale and purchase, the Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV "On Protection of Consumers' Right"), other regulations of the current legislation of the Republic of Kazakhstan and other legal acts adopted in accordance with them apply to the relations between the Client and the Seller.
1.4. The Seller reserves the right to make amendments to the Terms, therefore, the Client agrees and undertakes to regular monitoring of amendments in the Terms published in the section "Offer and policies".
1.5. Terms and definitions:
Seller – SP Utivlenova (BIN 840817401724), an entrepreneur engaged in the distance selling of the Products, under a retail sale agreement concluded on the basis of the customer's familiarization with a description of the product on the Seller's site - Lamitta.me (hereinafter — the Website), without the Client's direct acquaintance with the product or a sample of the product at the conclusion of such an agreement.
Online store — an internet website owned by the Seller, in which the Products offered by the Seller to its Clients for Ordering, as well as the terms of payment and delivery of these Orders to Clients are available.
Client — any fully capable individual who orders or purchases goods by placing an Order on the www.Lamitta.me website, or specified as the recipient of the Products, or using the Products exclusively for personal, family, household, and other needs not related to business activities.

Website — www.Lamitta.me.
Product - the material object that has not been removed from civil circulation and provided for sale on the Website and available at the time of shipment confirmation.
Order — a duly executed Client's request for the delivery of the list of Products, selected on the Website, to the specified address.
Delivery service — contracted third party that provides services for the delivery of Orders to the Clients.

1.6. The Client agrees with the Terms by clicking the "Place an order" (in Russian text «Оформить заказ») button at the last stage of placing an Order on the Website. Read more: https://www.Lamitta.me
2. ORDER PROCESSING AND DELIVERY DATES
2.1. The Client's order can be registered in the following ways: accepted by phone or registered on his/her own by the Client on the Website.
2.2. When placing an Order, the Client must provide the following information:
- Full Name of the Client or the Recipient of the Order;
- The delivery address;
- Contact email;
- Contact phone number;
- Delivery method;
- Payment method.
2.3. The Seller reserves the right to refuse to conclude the Agreement and place an Order without giving any reasons.
2.4. The period in which the Seller undertakes to execute the Order - starts from one working day. The term of performance of an Order, in exceptional circumstances, can be agreed with the Client individually, depending on the specifications and quantity of the ordered Products. The lead time depends on the availability of the ordered Products in the Seller's warehouse and the time required for the processing of the Order.
2.5. All information content provided on the Website is for reference only and cannot fully transmit reliable information on the properties and specifications of the Products, including colors. The color of Products may differ from reality, depending on the color rendering of the Client's photography equipment and computer (any other device). In case if Client will have any questions about the properties and specifications of the Products, he/she should seek advice by a phone call before placing an Order.
2.6. If the ordered Products are not available in the Seller's warehouse, including for reasons beyond the Seller's control, the Seller has the right to cancel the specified Product from the Client's Order and notify the Client by sending an email to the specified address, an SMS message to the contact phone number or a phone call. The Seller selects the notification method. The Seller undertakes to notify the Client of any changes in the completeness of his Order.
2.7. In case of the cancellation of a fully or partially prepaid Order, the Product's value, at the Client's request, is refunded to the Client by the way they were initially pre-paid.
2.8. The Client is obliged to fully accept the transferred Products, except in the cases in which he/she has the right to request the replacement of the Goods or refuse to perform the Agreement, in accordance with the Terms.
2.9. All products have a label in Kazakh and Russian (by Client’s request also in English), indicating the product, manufacturer, and other information, according to the legislation of the Republic of Kazakhstan.
3. DELIVERY
3.1. The Client and online store manager agree on the conditions of the Products delivery.
3.2. Address for the Orders delivery is specified by the Client. Products pickup by the Client is made directly from the negotiated pick-up location. The agreed delivery method is the method chosen by the Client when placing an Order on the Website.
3.3. The Seller will make every possible effort to comply with the delivery terms specified on the Website, however, delays in delivery might occur due to unforeseen circumstances that occurred through no fault of the Seller.
3.4. The Risk of Loss or accidental damage of the Products passes to the Client upon handover of the Order to him and upon signing the confirming shipping documents. In case of non-delivery of the Order, the Seller refund to the Client the value of the pre-paid Order and delivery after receiving the confirmation of the loss of the Order.
3.5. The cost of delivery for each Order is calculated individually, based on its weight, shipping address, and delivery method, and indicated at the last stage of placing an Order on the Website.
3.6. The Order delivers directly to the Client or to the person specified as the Recipient of the Order. When it is impossible to receive a cash-placed Order by the above-mentioned persons, the Order is given to the person who could provide the order information (delivery number and/or name of the Recipient) and pay in full to a person performing the delivery of the Order.
3.7. To avoid fraud, and to execute the obligations in paragraph 3.6. upon the receipt of the prepaid Order, the shipping carrier shall be entitled to request the identity document of the Recipient and indicate the type and number of the provided by the Recipient document on the return receipt to the Order. The Seller guarantees confidentiality and protection of the Recipient's personal information.
3.8. When transferring an Order, the Client must check the outside appearance and packaging of the Products, the quantity of the Products in the Order, completeness, and assortment.
3.9. In case of refusal to purchase, at the time of physical receipt of the Order, the Client must pay the delivery cost (based on clause 3 of article 450 of the civil code of Republic of Kazakhstan, clause 5 of article 25 of the Law "On regulating trading activities").
4. PRICE AND PAYMENT OF GOODS
4.1. The Product prices in the online store are indicated in Kazakhstan currency Tenge (KZT).
4.2. Indicated on the website Product price can be amended by the online store unilaterally, however, the paid price shall not be subject to any alterations.
4.3. The Product price is indicated at the last stage of placing an Order and is valid at the time of clicking the "Make an order" (in Russian text «Оформить заказ») button. However, the price of the ordered Product is not subjected to any alterations after placing the Order. The online store price is valid only for orders placed through the online store.
4.4. Payment methods are indicated on the Website. The Client (individual) pays for an order in any way chosen in the online store. When placing an Order for a legal entity, payment is made by cashless transaction according to the invoice. After receiving funds to the Seller's account, the online store manager agrees to delivery time with the Client.
4.5. In case of prepayment, the Order is accepted for processing after the receipt of funds to a Seller's account. In this case, the Product is not reserved and the Seller cannot guarantee the availability of the Product in his warehouse at the time of placing the Order, thereby, the Order processing time may increase.
4.6 in order to avoid unauthorized use of Bank cards at payment, all Orders placed on the Website and prepaid by Bank card are checked by the Seller. The Seller reserves the right to cancel the Order without giving a reason. The cost of the Order is refunded to the Bank card that was used for the prepayment of the Order.
4.7. When paying on the Website, an electronic receipt is sent to the Client's email address provided at the moment of placing an Order on the site.
5. RETURN OF GOODS AND MONEY
5.1. Return of the Product of proper quality is made in the following cases:
- Client has the right to refuse the ordered product of proper quality at any time before receiving it, and after receiving the Product — within 14 (fourteen) calendar days, if it was not in use, its market condition, consumer properties, seals, labels, as well as a document confirming the purchase of the Product is remains. If the document evidencing the purchase of the product was lost or for any reason has not been issued to the consumer, the exchange or the return of the product must be made if the Client proves the purchase from this seller.
- The Client could not refuse the Product of a proper quality that has specific properties if the specified Product can be used exclusively by the Client purchasing it.
- If the Client refuses the Product in accordance with clause 5.1, the Seller refunds the cost of the returned Product, except the Seller's expenses for the delivery of the returned Product from the Client, no later than 10 (ten) banking days from the date of receipt by the Seller of application and the Product from the Seller.
- If the Client wishes to exchange the Product, but at the time of the Client's request the similar product is out of stock, the Client has the right to refuse to perform a contract and demand a refund of the amount paid for the specified Product. The Seller must refund the amount paid for the returned Product within 10 (ten) working days from the date of the Product refund.
5.2. Return of the Product of inadequate quality is made in the following cases:
- The Client can return the Product of inadequate quality to the Seller and demand a refund of the amount paid, at least 3 months before the date of expiration of the Product. The Client may also require the replacement of a Product of inadequate quality or defect corrections, in accordance with the legislation of the Republic of Kazakhstan.
- If the Client refuses the Agreement and demands a refund of the amount paid for the Product in accordance with clause 5.2, the cost of the Product shall be refunded to the Client.
5.3. Refund of funds:
- If a paid Order was canceled before it was received, the Seller returns the paid amount to the Client.
- when the Client returns the Product, the refund is made on the basis of the Client's Application and subject to the return of the Product to the Seller. If the Product was purchased with a Bank card payment, the refund is made by cashless transaction to the card that was used for the payment. In case of impossibility of refund of a paid amount back on the bank card, the Client provides an application indicating the payment details for a refund and an explanation of the reasons why the money refund on the bank card cannot be made. There is no cash refund for Bank card payments.
- For a cash refund, the Client must identify himself with an ID or other identification document.
5.4. Operating procedures in case of violation of the terms of assortment by the Seller (re-sorting):
- In case of transferring of Products in violation of the terms of assortment, the rules of article 421 of the Civil Code of the Republic of Kazakhstan do not apply.
- If a Product found in the Order does not correspond to the ordered assortment (re-sorting), the Client has the right to refuse this Product when transferring the Order and demand replacement for the Product in the assortment provided for by the Order, or a refund for the actually undelivered Product.
- The product transferred to the Client in violation of the assortment condition is subject to return to the Seller. If the Client accepts the Product, the Seller may require payment for the Product at a price set by the Seller for this Item on the Website at the time of transmission of the Product. If the actual transferred Product is not included in the Seller's product range presented on the Website at the time of transmission of the Product, this Product must be paid for the price agreed with the Seller.
- Replacement of the non-conforming on the assortment Product shall be done by placing a new order.
- If it is impossible to replace the Product, the Seller notifies the Client by sending an email to the address specified by the Client during registration, and the actual paid for the non-transferred product funds are refunded in accordance with clause 5.4.
- Funds paid by the Client for the actually non-transferred Product are subject to refund within 10 (ten) working days from the date of the receipt of the Client’s written request for a refund. The refund of the paid amount is made in the same way as the payment was made.
5.5. Operating procedures in case of violation of the terms of quality by the Seller:
- When transferring an Order, the Client must check the Product quantity in the Order. If the Client finds a quantity discrepancy of the Products in the Order when transferring the Order, the Client must draw up an Act on the quantity discrepancy in the presence of the Seller representative or the carrier.
- If the Seller has transferred to the Client fewer Products than defined by the Order (shortage), the Client during transferring the Order has a right to accept the Products which correspond to the Order and request to transfer the missing quantity of the Products or, if the missing Product has been paid, to cancel the Order according to the missing Product volume and to request a refund for the missing Products.
- The transfer of the missing Product is carried out by placing a new Order upon a mutual agreement of the parties — the Seller or the Client, under the condition that the Client provides a Quantity Discrepancy Certificate (Shortage Certificate). If it is impossible to transfer the missing Product, the Seller notifies the Client by sending an email to the address specified by the Client during registration, and the actual paid for the missing goods funds are refunded to the Client within 10 (ten) working days from the date of receipt of the Client's written request for a refund, as well as the Quantity Discrepancy Certificate (Shortage Certificate). The refund of the paid amount is made in the same way as the payment was made.
- In case of violation by the Client of clause 5.5. related to the drawing up of the Act, the Seller has the right to dismiss the Client's claims for the quantity of the transferred Products.
7. COPYRIGHT
7.1. All materials presented on the Website, including all its content, information, photos, illustrations, drawings, items, and logos, are the property of SP Utivlenova and are protected by copyright and trademark laws and other intellectual property rights.
The materials are intended solely for personal, non-commercial use. The content of the Website as described above may not be changed, copied, reproduced, or offered for sale, rented out, supplemented, or used in any other way without the prior written permission of SP Utivlenova.
7. WARRANTIES AND LIABILITY
7.1. The Seller is not responsible for any damage caused to the Client as a result of improper use of Products ordered on the Website.
7.2. The Seller is not responsible for the content and performance of the sites that contain links to the Website.
7.3. The Seller has the right to transfer or otherwise assign his rights and obligations arising from his relationship with the Client to third parties without preliminary notice of the Client.
7.4. In case of any Client's questions or complaints, he/she should contact the contact phone number. All disputes arising between the parties should be resolved through negotiations. In a failure of an agreement, the dispute will be referred to the judicial authority in accordance with the current legislation of the Republic of Kazakhstan.
7.5. The court's invalidation of any provision of these Rules does not invalidate the remaining provisions.
8. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
8.1. By submitting your personal data when placing an Order or registering a Personal account, the Client agrees to their processing by the Seller, which includes promotion activities of the Seller's products and services.
8.2. If the Client does not wish to process his personal data, he/she should contact with the Seller using the email given on the Site. In this case, all information received from the Client (including the username and password) is deleted from the Seller's database.
8.3. Use of information provided by the Client and received by the Seller.
8.3.1 The Seller uses the information:
- To fulfill his obligations to the Client;
- For evaluating and analyzing the Website performance.
8.3.2. The Seller has the right to send the advertising information-containing messages to the Client. If the Client does not want to receive mailings from the Seller, he/she must unsubscribe by "clicking" on the corresponding link in the email sent by the Seller.
8.4. Disclosure of information received by the Seller:
8.4.1. The Seller undertakes not to disclose the information received from the Client. It is not considered a violation for the Seller to provide information to agents and third parties, acting under a contract with the Seller to fulfill his obligations to the Client.
8.4.2. It is not considered a violation of obligations to disclose information in accordance with reasonable and applicable legal requirements.
8.5. The Seller has the right to use "cookies" technology. "Cookies" do not contain any confidential information and are not transmitted to third parties.
8.6. The Seller receives information about the IP address of the Website user. This information is not used to identify the user.
8.7. The Seller is not responsible for the information provided by the Client on the Website in a publicly accessible form.
8.8. Confidential policy of the online store is placed in the section “Offer and policies”.

CONFIDENTIAL POLICY

The confidential policy (hereinafter referred to as the Policy) applies to personal data that SP Utivlenova (hereinafter referred to as SP) may receive from the user during the https://Lamitta.me website (hereinafter the Website) session and the use of its services.
Explanation of processing and protection of the user's personal data will be implemented as well.
1. DEFINITION OF TERMS
1.1 This Confidential Policy uses the following terms:
1.1.1. Website administration – (hereinafter - Administration) - authorized employees of SP (or a specialized company hosting the
WebSite) appointed to manage the online store Lamitta.me acting on behalf of SP Utivlenova, which organize and (or) implement processing of personal data, as well as determine the purposes of personal data processing, the scope of personal data to be processed, actions (operations) performed with Personal data.
1.1.2. Personal data - any information related directly or indirectly to a specific or identifiable individual (subject of personal data).
1.1.3. Personal data processing - any action (operation) or set of actions (operations) performed with or without the use of automatic means with personal data, including collection, recording, systematization, accumulation, storage, updating (update, change), extraction, use, transfer (distribution, accordance, access), anonymization, blockage, deletion, destruction.
1.1.4. Confidentiality of Personal Data is a mandatory requirement for the Operator or other person who has obtained access to personal data to prevent their dissemination without the consent of the subject of Personal Data or other legal grounds.
1.1.5. Lamitta.me online store site (hereinafter referred to as the Website) is a set of linked web pages located on the Internet at a unique address (URL): Lamitta.me.
1.1.6. Website user (hereinafter referred to as the User) - a person with access to the online store site via the Internet and who uses the information, materials, and products of the site.
1.1.7. Cookies - small pieces of information transferred by a web server and stored in the user's computer, which the web client or web browser sends to the web server each time in an HTTP request when trying to open a page on the corresponding site.
1.1.8. IP address — a unique network address in the computer network through which the User gets access to the online store.
1.1.9. Product - a product that the User orders through a Website and pays for it via payment systems.
2. GENERAL PROVISIONS
2.1. Use of the Lamitta.me online store by the User implies his consent to the Confidential Policy and the terms of processing of the User's Personal data.
2.2. In the case of disagreement with the Confidential Policy terms, the User must discontinue the use of the Website.
2.3. This Confidential Policy applies to the Website owned by SP Utivlenova. The online store does not control and is not responsible for the third-party sites, which are accessible via links available on the website of the online store.
2.4. The Administration does not verify the identity of Personal data provided by the User.
3. MATTER OF THE CONFIDENTIAL POLICY
3.1. This Confidential Policy sets out the obligations of the Administration for non-disclosure and ensuring the confidentiality of Personal Data that the User provides at the request of the Administration when registering on the Website, when subscribing to an e-mail newsletter, or when placing an order.
3.2. Personal data that is allowed to be processed under this Confidential Policy is provided by the User by filling out forms on the Website and includes the following information:
3.2.1. Surname, name, patronymic of the User;
3.2.2. User's mobile and/or contact phone number;
3.2.3. Email address;
3.2.4. Delivery address of the Product (if necessary).
3.3. The online store uses a certified SSL data encryption key when transmitting data over the HTTPS Protocol and thus protects the Data that are automatically transmitted when visiting pages.
3.3.1. Cookies disabling may result in the unavailability of access to the parts of the Website that require authorization.
3.3.2. The online store collects statistics about the user's IP addresses. This information is used to prevent, detect, and resolve technical problems.
3.4. Any other personal information not specified above (browsing history, browsers used, operating systems, etc.) is subject to safe storage and non-disclosure, except as provided in paragraphs 5.2. and 5.3. of this Confidential Policy.
4. PURPOSES OF COLLECTING USER'S PERSONAL INFORMATION
4.1. The Administration may use the User's Personal data for the following purposes:
4.1.1. Identification of the User registered on the Website for further authorization, ordering, and other actions.
4.1.2. Providing the User with access to personalized Website data.
4.1.3. Establishing feedback with the User including forwarding of notifications and requests regarding the use of the Website, providing services, and processing User requests.
4.1.4. Determining the User's location to ensure security and prevent fraud.
4.1.5. Confirmation of the fidelity and completeness of Personal data provided by the User.
4.1.6. Account creation for the usage of the Website parts, if the User has agreed to create an account.
4.1.7. Notification of the User via email and/or SMS.
4.1.8. Providing the User with effective technical support in case of Website problems arise.
4.1.9. Providing the User, upon his consent, with special offers, price information, newsletters, and other information on behalf of the online store Website Lamitta.me.
4.1.10. The implementation of marketing activity with the consent of the User.
5. METHODS AND TERMS OF PERSONAL DATA PROCESSING
5.1. The processing of the User's Personal data is carried out without a time limit, in any legal way, including in Personal data information systems with or without the use of automation means.
5.2. The user agrees that the Administration has the right to transfer Personal data to third parties, in particular, courier services, postal organizations (including electronic), and telecommunication operators, solely for the purpose of fulfilling the User's order made on the Website, including delivery of Products, documentation, SMS or e-mail messages.
5.3. The User's Personal Data may be transferred to the competent public authority of the Republic of Kazakhstan only on the grounds and in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
5.4. In case of loss or disclosure of Personal data, the Administration has the right not to inform the User about the loss or disclosure of Personal data.
5.5. The Administration takes the necessary managerial and technical measures to protect the User's Personal Data from unauthorized or accidental access, destruction, modification, blocking, copying, and distribution, as well as from other illegal actions of third parties.
5.6. The administration jointly with the User takes all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the User's Personal data.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The User has the right to:
6.1.1. Decide freely on providing Personal data necessary for using the Website, and give consent on their processing.
6.1.2. Update or supplement the provided Personal data information in case of any changes.
6.1.3. The User has the right to receive information from the Administration regarding the processing of his Personal Data if such right is not restricted in accordance with the laws of the Republic of Kazakhstan. The User has the right to demand clarification, blockage, or destruction of his Personal data from the Administration if the Personal data is incomplete, outdated, inaccurate, illegally obtained, or not necessary for the stated purpose of processing, as well as to take legal measures to protect his rights.
6.2. The Administration is obliged to:
6.2.1. Use the received information exclusively for the purposes specified in clause 4 of this Confidential Policy.
6.2.2. Provide safe-keeping of confidential information and do not disclose it without the User's written permission. Sell, exchange, publishing, or otherwise disclosure of the User's Personal data is prohibited, except for paragraphs 5.2 and 5.3. of this Confidential Policy.
6.2.3. Take reasonable care to protect the confidentiality of the User's Personal Data in accordance with the procedure of information protection in existing business transactions.
6.2.4. To ensure blocking of Personal data related to the relevant User immediately upon the request of the User, or its legal representative or authorized body for the protection of the rights of Personal data for the period of verification, in case of identification of inaccurate Personal data or illegal actions.
7. LIABILITY OF THE PARTIES
7.1. Administration, which has not fulfilled its obligations, is liable for losses incurred by the User related to the abusive use of Personal data, in accordance with the legislation of the Republic of Kazakhstan, except for the cases provided in clauses 5.2., 5.3. and 7.2. of this Confidential Policy.
7.2. In case of loss or disclosure of confidential information, the Administration is not responsible if this confidential information:
7.2.1. Became a public domain before it was lost or disclosed.
7.2.2. Was obtained from a third party prior to its receipt by the Administration of the Resource.
7.2.3. Was disclosed with the User's consent.
7.3. The User is fully responsible for compliance with the legal requirements of the Republic of Kazakhstan, including laws on advertising, copyright, and related rights protection, protection of trademarks and service marks, but not limited to the above, including full responsibility for the content and form of materials.
7.4. Administration is not responsible to the User for any loss or damage incurred by the User as a result of removal, failure, or inability to save any Content and other communication data contained on the Website or transmitted through it.
7.5. The administration is not responsible for any direct or indirect losses that occurred due to: the use or inability to use the Website or individual services; unauthorized access to User communications; statements or behavior of any third party on the Website.
8. DISPUTE RESOLUTION
8.1. Before accounting to the court with a claim for disputes arising from the relationship between the User and the Administration, it is mandatory to submit a claim (a written or electronic proposal for a voluntary settlement).
8.2. The claim recipient, within 20 calendar days from the date of the claim reception, notifies electronically or in writing the claimant on the claim review results.
8.3. If an agreement cannot be reached, the dispute will be referred to the arbitration court of Aktobe City.
8.4. The current legislation of the Republic of Kazakhstan applies to this Confidential Policy and to the relationship between the User and the Administration.
9. ADDITIONAL TERMS AND CONDITIONS
9.1. Administration has the right to make amendments to this Confidential Policy without the User's consent.
9.2. The new Confidential Policy shall come into effect from the date of posting on the Website unless otherwise provided in the recent version of the Confidential Policy.