Purchase and sale agreement in the online store www.physis-home.com
This Agreement defines the relationship between the IP "PHYSIS", hereinafter referred to as the "Seller", represented by Director D.R. Chakarova, acting on the basis of the Charter, on the one hand, and the "Buyer" (individual or legal entity) who accepted the public offer (offer) to conclude the Contract
1.1. The Buyer is a fully capable individual or legal entity placing Orders on the website www.physis-home.com, or specified as the recipient of the Goods.
1.2. Seller - IP "PHYSIS", IIN 830516401250.
1.3. Online store - an Internet site owned by the Seller, located on a server in the Republic of Kazakhstan and having an Internet address www.physis-home.com, which presents Products offered to Customers for placing Orders/Pre-orders, as well as the terms of payment and delivery of these orders/Pre-Orders To Customers.
1.4. Website - www.physis-home.com
1.5. Product – professional beauty products in the assortment presented for sale on the Website.
1.6. Order/Pre-order is a duly executed Buyer's request for the purchase of a list of Goods, posted by the Buyer independently on the Website.
1.7. Mobile banking terminal is a portable banking terminal used by an employee of the Seller's delivery service to pay for Goods by the Buyer using bank cards.
1.8. Online - a method of payment for Goods by bank card via the Internet through the acquiring system directly when placing an Order.
2. Subject of the Contract
2.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to accept and pay for the Goods according to the placed Order/Pre-order.
3. General provisions
3.1. This Purchase and Sale Agreement in the Online Store www.physis-home.com defines the procedure for the purchase and sale of Goods through the Online store and, together with the information about the Goods presented on the Website, is a public Contract in accordance with Article 387 of the Civil Code of the Republic of Kazakhstan.
3.2. By placing an Order for Goods in the Online store, the Buyer confirms full and unconditional agreement with the terms of this Agreement and all Appendices to it (if any), and also guarantees that all conditions are clear to him and he accepts them unconditionally and in full. In addition, placing an Order/Pre-order The Buyer provides his unconditional consent to the Seller and his partners to receive advertising messages (in the form of SMS and /or push notifications and / or through applications and/ or messengers for smartphones and /or phone calls and / or otherwise available to the Seller to the phone number specified by the Buyer, email address).
3.3. The Seller reserves the right to make changes to the terms of this Agreement.
3.4. This Agreement comes into force from the moment the Buyer sends confirmation of the Order in accordance with clause 5.1.3 of this Agreement.
3.5. The provisions of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Consumer Rights Protection" dated 04.05.210 No. 274-IV of the SAM, the Law of the Republic of Kazakhstan "On Regulation of Trade Activities" dated 12.04.2004 No. 544-II and other legal acts, as well as the provisions of regulatory legal acts of the Republic of Kazakhstan regulating the turnover of certain types of goods (if applicable), apply to the relations between the Seller and the Buyer.
3.6. In the case of promotional and marketing events of a stimulating nature (promotions), in the conditions of these events posted on the Website, special provisions may be established regulating the procedure for placing an order and returning goods during the relevant event.
These conditions are an integral part of this Agreement and are subject to application for persons who accept the conditions in advertising and marketing activities. Making an Order/Pre-ordering a Product participating in the promotion and/or fulfilling other conditions of participation in the promotion means the Buyer agrees to the terms of the relevant event.
3.7. If the Buyer does not agree with any of the provisions of the Contract, the Order/A pre-order for the purchase of a list of Goods on the Website or by phone through a Manager cannot be issued.
4. The procedure for concluding this Agreement and changing its terms
4.1. All information materials presented on the Website are for reference purposes and cannot fully convey reliable information about the properties and characteristics of the Goods, including color, size and shape.
4.2. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing an Order or Pre-Order, the Buyer can contact the company's manager through the contacts section indicated on the Seller's website and /or by phone +7 701 559 67 67, +7 771 980 00 77.
4.3. The order and Pre-order of the Buyer can be made through social networks, by phone or through the Website:
4.3.1. When placing an Order/Pre-order by phone, the Buyer provides the Seller's employee with the information necessary for placing an Order/Pre-order.
4.3.2. When placing an Order/Pre-order via the web Site The Buyer fills out an electronic Order form/Pre-order the Product and sends the generated Order to the Seller via the Internet.
4.4. Making an Order By the Buyer/Pre-order and its further transfer to execution means sufficient and complete familiarization of the Buyer with the Goods, with information about the price, about the presence or absence of discounts on the Goods.
The public offer (offer) on the conclusion of this Agreement is considered accepted by the Buyer from the moment of placing the Order.
4.5. In order to confirm the Order made and make an application for delivery, the Seller's manager contacts the Buyer at the phone number specified by the Buyer in the Order/Pre-order.
4.6. In case of absence of the ordered Goods in the warehouse, the Seller has the right to exclude the specified Goods from the Buyer's Order and notify the Buyer about it by phone or by sending an electronic message to the address specified when the Buyer formed the Order.
4.7. Delivery of the ordered Goods to the Buyer is carried out in agreement with the Buyer at the address specified by the Buyer. The delivery time of the Goods is specified in clause 7.2. of the Contract. Upon receipt of the Goods, the Customer must present an identity document.
If the recipient of the Order is a legal entity, a duly executed power of attorney from the payer organization is required to receive the Goods.
4.8. The Order is considered executed at the time of the actual transfer to the Buyer of the Goods included in the Order/Pre-order on the basis of the issued accompanying documents for the Goods under the signature of the Buyer.
4.9. The right of ownership of the Goods and the risks associated with it passes from the Seller to the Buyer at the time of acceptance of the Goods by the Buyer and signing of the accompanying documents by the parties.
5. Rights and obligations of the parties
5.1 The Seller is obliged to:
5.1.1. Deliver the Goods in accordance with the terms of the Order/Pre-order.
5.1.2. To ensure that the quality of the Goods meets the requirements for similar Goods on the territory of the Republic of Kazakhstan.
5.1.3. In the event of a change in the delivery period or the components of the Order, immediately inform the Buyer about the change in the terms of delivery in order to obtain consent to the new terms of the Order as a whole or in part. The Seller informs the Buyer by telephone or electronic communication.
5.1.4. To consider claims and applications of Buyers in accordance with the current legislation of the Republic of Kazakhstan and take measures to satisfy them.
5.2. The Seller has the right to:
5.2.1. Perform actions in accordance with clauses 10.7 and 10.8 of this Agreement.
5.2.2. Involve third parties to fulfill their obligations under the Agreement.
5.3 The Buyer is obliged to:
5.3.1. Provide when placing an Order/Pre-order the exact name of the required Product, its number in the manufacturer's catalog or all the data necessary to accurately determine the required Product (color, version).
5.3.2. Pay for the Goods according to the Orders/Pre-orders at the prices indicated on the website.
5.3.3. When placing an Order, provide reliable and sufficient information about yourself, in accordance with the Order form/Pre-order located on the website www.physis-home.com .
5.4 The Buyer has the right to:
5.4.1. To demand a refund of the prepayment in case the Seller is unable to fulfill the terms of the Order, taking into account clause 10.6. of the Contract.
5.4.2. Make changes to the Order before its execution by the Seller.
5.4.3. To exchange or return goods of proper quality in accordance with the Law "On Consumer Rights Protection"
6. Price and payment procedure
6.1. The price of the Product is indicated in the Website catalog. In case of incorrect indication by the Seller of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about it as soon as possible to confirm or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled.
6.2. Payment for the Order is made by the Buyer in tenge and euro.
6.3. Payment is made by the following methods:
6.3.1. for cash payment to an employee of the Seller's delivery service or an authorized representative of the Seller. The Parties agreed that with the payment method specified in this paragraph, in the case of delivery of the goods by an authorized representative of the Seller, the issuance of a cash or control receipt to the Buyer by an authorized representative will be a proper confirmation of the Buyer's fulfillment of the obligation to pay for the goods;
6.3.2. by wire transfer to the Seller's bank details; The payment invoice issued by the Seller is valid for three banking days. Payment of this invoice means acceptance of the terms of delivery of the goods. Notification of the Seller about the payment is mandatory, otherwise the availability of the Goods in stock is not guaranteed. The goods are released upon receipt of money to the Seller's settlement account, if there is a power of attorney to receive the goods and materials and an identity document of the attorney;
6.4. Payment by bank card online
6.4.1 using a bank card upon receipt of the Order/Pre-order via a mobile banking terminal. Plastic cards of VISA and MasterCard payment systems are accepted for payment. Payment is accepted only from the cardholder. Order/The pre-order of the Goods is carried out by the cardholder. Upon delivery of the goods, the cardholder must be present in person, present the card itself, as well as an identity document. The data indicated on the card and on the identity document must match;
6.4.2. Website www.physis-home.com connected to Internet acquiring, and the Buyer can pay for the Service with a Visa or Mastercard bank card. After confirming the selected Product or service, a secure window will open with the payment page of the CloudPayments processing center, where the Buyer needs to enter his bank card details. For additional authentication of the cardholder, the 3-D Secure protocol is used. If the Buyer's issuing Bank supports this technology, it will be redirected to its server for additional identification. Information about the rules and methods of additional identification is specified by the Buyer in the Bank that issued him a bank card.
6.4.3. The online payment service is carried out in accordance with the rules of the International payment systems Visa and MasterCard on the principles of confidentiality and security of payment, for this purpose the most up-to-date methods of verification, encryption and data transmission over closed communication channels are used. The bank card data is entered in a secure window on the CloudPayments payment page.
6.4.4. In the fields on the payment page, you need to enter the card number, cardholder's name, card expiration date, three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All the necessary data is displayed on the surface of the bank card.
CVV2/CVC2 is a three-digit security code located on the back of the card.
Next, the page of your issuing bank will open in the same window to enter the 3-D Secure code. If you do not have a static 3-D Secure configured, it will be sent to your phone number via SMS. If the 3-D Secure code has not come to you, then you should contact your issuing bank.
3-D Secure is the most modern technology for ensuring the security of card payments on the Internet. Allows you to uniquely identify the authenticity of the cardholder performing the operation and minimize the risk of fraudulent card transactions.
6.3.4. Online method: payment is made through the Cloudpayments system.kz" directly when placing an order. Plastic cards of VISA and MasterCard payment systems are accepted for payment. To make a payment, it is necessary to inform the data of the plastic card to the authorization server of the system Cloudpayments.kz ". The order of the Goods is carried out by the cardholder. Payment is accepted only from the cardholder. Upon delivery of the goods, the cardholder must be present in person, present a document certifying his identity. The data indicated on the identity document and the delivery must match;
6.5. In case of non-cash payment, the Seller's cash receipt will be provided to the Buyer in electronic form to the e-mail specified when placing the order.
7. Cases of refusal to make a payment:
7.1. the bank card is not intended for making payments via the Internet, which can be found out by contacting your issuing Bank;
7.2. insufficient funds for payment on a bank card. You can find out more about the availability of funds on the payment card by contacting the bank that issued the bank card;
7.3. bank card data entered incorrectly;
7.4. the bank card has expired. The validity period of the card is usually indicated on the front side of the card (this is the month and year until which the card is valid). You can find out more about the validity period of the card by contacting the issuing bank.
8. Delivery Of Goods
8.1. Delivery of the Goods is carried out by the Seller's delivery service or other authorized representative in all localities of the Republic of Kazakhstan.
8.2. Delivery of goods, Order/The pre-order for which is made in the Online store is carried out by the delivery service or an authorized representative of the Seller in the following terms:
8.3. Delivery of Goods is carried out from 3 days depending on the location of the Buyer.
8.4. Delivery of goods is carried out only from the Seller's office located in Almaty.
8.5. The Buyer can receive his Goods independently at the head office of Physis Home:
8.5.1. in case of payment by bank card via the Internet (online method), provide the Seller with a confirmation of the payment made, naming the number and date of the Order (the Buyer can receive this information in the form of an SMS from the IP "PHYSIS" to the mobile phone number specified when placing the order on the Website or from the Seller's manager;
8.5.2. when paying in the store in cash or using a bank card, naming the number and date of the Order.
8.5.3 The term of the reserve of Goods: 3 (three) calendar days from the date of Order confirmation.
8.6. Order Acceptance
8.6.1 Upon acceptance of the Order, the Buyer is obliged to:
188.8.131.52. Inspect for external damage.
184.108.40.206. Open the outer packaging in the presence of a delivery service employee or an authorized representative of the Seller in order to check the safety of the contents of the package, inspect the Goods for the integrity of its individual packaging and the presence of external damage on it.
After making sure that the package is safe and that there are no signs of opening and external damage on it, open the individual package and check the presence of the Goods in it. After making sure that the Product is available and there are no traces of mechanical damage on it, check the article of the received Product with the article, check the configuration and color of the Product.
220.127.116.11. In the absence of external damage to the packaging and the Goods, sign the accompanying documents confirming receipt of the Order.
18.104.22.168. In case of claims, require a delivery service employee or an authorized representative of the Seller to draw up an Acceptance Certificate in 3 copies. The Acceptance Certificate describes all damage to the packaging of the Goods, mechanical damage to the Goods and/or its incompleteness. One copy of the Acceptance Certificate remains with the Buyer, two copies with the Seller.
22.214.171.124. If the package is intact, and the Product itself has visible damage or is not completed, the Buyer indicates in the Acceptance Certificate that no damage to the package has been detected, but he refuses to receive this Product and describes the damage / incompleteness of the product. After that, an employee of the Seller's delivery service or an authorized representative of the Seller takes the Goods for its subsequent replacement.
9. Liability of the parties
9.1. The Seller is not responsible for the damage caused to the Buyer as a result of improper use of the Goods ordered on the Website.
9.2. The Buyer is responsible for the accuracy and sufficiency of the information provided when placing the Order/Pre-order information.
9.3. The Buyer is obliged to immediately notify IP "PHYSIS" of any case of violation / suspicion of violation of confidentiality. IP "PHYSIS" is not responsible for the possible loss of data on the site www.physis-home.com and any other consequences associated with it.
9.4. The Buyer is responsible for all actions and consequences of using the Buyer's personal data, including cases of unauthorized access, as well as voluntary transfer by the Buyer to third parties. At the same time, all actions within or using the Buyer's personal data are considered to be performed by the Buyer himself.
9.5. The Parties are responsible for the fulfillment of obligations under this Agreement in accordance with the Law "On Consumer Rights Protection", the Civil Code of the Republic of Kazakhstan, the Law "On Regulation of Trading Activities" and other regulatory legal acts.
9.6. The Parties are released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is the result of such insurmountable circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, acts or actions of state authorities, changes in customs regulations, import and export restrictions that arose independently of the will of the Parties after the conclusion of this Agreement.
A Party that cannot fulfill its obligations immediately notifies the other Party about it and provides documents confirming the existence of such circumstances issued by authorized bodies, unless of course the fact is world-famous.
Legal address: Almaty, Dostyk Avenue 48, apartment 90
JSC "Halyk Bank of Kazakhstan"
Tel: +7 701 559 67 67, +7 771 980 00 77