Terms of service
Public offer of the online store "smartworld.uz"
APPROVED
Director
Smartpost LLC
_____________________________
11/01/2021
PUBLIC OFFER
ABOUT THE PURCHASE AND SALE OF GOODS
Smartpost LLC, represented by the director Isamukhamedov N.T., acting on the basis of the Charter, hereinafter referred to as the "Seller", offers individuals, legal entities and individual entrepreneurs registered on the territory of the Republic of Uzbekistan in the manner prescribed by law, hereinafter referred to as the "Buyer" (hereinafter referred to collectively as the “Parties”, and individually as the “Party”), conclude this sale and purchase agreement (hereinafter referred to as the “Agreement”), which is a public offer in accordance with Art. 369 of the Civil Code of the Republic of Uzbekistan.
1. Terms and definitions
1.1. The terms and concepts used in the Agreement are in some cases specially explained by the relevant definitions. The definitions of terms and concepts given in the Agreement apply to all its provisions and the legal relations of the Parties arising from it. If the meaning of any term or concept is not specified by the Agreement and cannot be determined on the basis of legislation and regulations, then such term or concept is used in its usual lexical meaning.
1.2. Basic terms and definitions used in the Agreement:
Public offer is a real public offer approved by the Director of the Seller. The effect of this Public Offer is governed by Articles 369, 426 of the Civil Code of the Republic of Uzbekistan.
Seller – Smartpost LLC
Buyer - an individual or legal entity, or an individual entrepreneur who purchases goods from the Seller and pays for the specified goods of the Seller by non-cash payment method or using an electronic means of payment.
Goods - household appliances, electronics ..... (hereinafter referred to as the Goods), in the range and quantity agreed between the parties.
Specification - a document signed by the Seller and the Buyer in the form of Appendix No. 1 to the Public Offer, which determines the main conditions for the sale of a consignment of Goods, including:
name, quantity, assortment of the Goods;
the price of the Goods;
terms of delivery of the Goods;
Consignee, method and address of delivery of the Goods.
Application - a written request of the Buyer to the Seller about the possibility of selling the Goods, containing information about the name, quantity, assortment, delivery time, the Consignee and the delivery address of the Goods.
Invoice - a document sent by the Seller to the Buyer containing information on the terms of sale and purchase of a consignment of Goods, in accordance with the Buyer's Application or the Specification signed by the Parties.
Online store - the official online store of the Seller Smartpost LLC located at the Internet address smartworld.uz Within the framework of this agreement, the concepts of the Internet store and the Store, as well as the Internet address smartworld.uz are equivalent and are interpreted authentically, in the context of the offer.
Seller's e-mail address - the Seller's e-mail address specified in section 8 of the Agreement.
Buyer's email address - the Buyer's email address specified in the Application or the email address from which the Application was sent.
The place of the transaction is the Seller's outlet, located at the address: 178 Muqimiy st, Тashkent, 100096, Uzbekistan
Price List - a document valid for the Seller, containing information about the prices of the Goods.
A promotional discount is a discount that is provided for a specific Product. The discount amount is indicated on the Product page. The price of the Goods is indicated taking into account the promotional discount.
A promo code discount is a discount that is provided for a certain group of Goods when a special code is entered when placing an Order in the Buyer's "Cart".
A promo code is a special code that provides a discount on a certain group of Products and has an expiration date. Promo codes are applied automatically when you add an item to your shopping cart. The final amount of the discount for the promotional code for the goods is indicated in the basket at the time of placing the order. Only one promo code can be applied to one item.
Regular Buyer Discount is a discount provided by the online store to the Buyer on certain conditions. Conditions for granting a discount are provided in the "Discount" section.
Bonuses - virtual funds accrued for the purchase of certain goods and have an expiration date.
2. Registration on the site
2.1. Only registered Buyers can place an Order in the online store, while the Buyer has the right to register on the site only 1 (one) time, i.e. can have only one Personal Account.
2.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
2.3. The Buyer who has registered in the Online Store receives individual identification by entering an SMS with an access code sent by the Seller to the contact number specified in the profile. Individual identification of the Buyer allows to avoid unauthorized actions of third parties on behalf of the Buyer and provides access to additional services. The transfer of the access code by the Buyer to third parties is prohibited.
2.4. You can use the discount of a regular Buyer only through the Personal Account. To do this, you need to place orders after entering the site under your credentials specified in the profile of your personal account. The Regular Customer discount is tied to a specific Personal Account, because is calculated on the basis of purchases (deliveries) made through it. In case of re-registration on the site, the history of purchases (deliveries) and the discount of a regular Buyer are not transferred from the old Personal Account to the new one. Order statistics in the new Personal Account are kept from scratch. You can use the discount only through the Personal Account in which it is generated.
3. Subject of the public offer
3.1. Under this Agreement, the Seller undertakes to transfer the Goods to the Buyer's ownership, and the Buyer undertakes to accept and pay for the Goods on the terms of this Public Offer.
3.2. Payment and transfer of the Goods is carried out at the Place of the transaction.
3.3. Coordination of the sale of a batch of Goods is carried out in the following order:
1) The Buyer sends an Application in free form to the Seller's E-mail address;
2) The Seller, within two working days from the date of receipt of the Application, notifies the Buyer of the possibility of its execution by sending the Specification signed by its side to the Buyer's E-mail address. If the Parties have agreed on a 100% advance payment for the lot of Goods being sold, the Seller has the right to send the Buyer an Invoice without drawing up the Specification;
3) The fact of agreement on the conditions for the sale of a consignment of the Goods is evidenced by the Specification signed by the Buyer and sent to the Seller's E-mail address or the fact of receipt of funds to the Seller's settlement account, transferred to pay the Invoice.
In the absence of a response from the Seller in accordance with paragraphs. 2 clause 3.3, the possibility of selling a consignment of the Goods is considered not agreed.
4. Price of the Goods and payment procedure for the Goods
4.1. The prices for the Goods are determined by the Seller unilaterally and indisputably and are indicated on the pages of the online store located at the Internet address: smartworld.uz. The price of the goods includes all taxes (including VAT), fees and charges, the cost of factory packaging and packaging.
4.2. The final Price of the Goods is determined by the successive action of discounts on the Price of the Goods in the following order:
- promotional discount;
- discount by promo code;
- Regular Customer discount.
4.3. The invoice is issued at the request of the Buyer, on the basis of the Specification or Application, in accordance with clause 3.3 of the Agreement.
4.4. Payment for the Goods is carried out on the terms of advance payment, by transferring 100% of the cost of the lot of the Goods being sold to the Seller's settlement account. Other terms of payment may be agreed by the Parties in the Specification
4.5. Payment is made exclusively in the currency of the Republic of Uzbekistan - soums.
4.6. In case of payment for the Goods in cash, the Seller is obliged to issue to the Buyer a cash receipt confirming the payment, in accordance with the current legislation of the Republic of Uzbekistan.
5. Rights and obligations of the parties
5.1. The seller undertakes:
5.1.1. From the moment of conclusion of this Agreement, fully ensure all obligations to the Buyer in accordance with the terms of this agreement and current legislation. The Seller reserves the right to default on obligations under the Agreement in the event of force majeure circumstances specified in paragraph 5 of this Agreement.
5.1.2. Process the Buyer's personal data in the manner prescribed by applicable law regarding the organization of processing and ensuring the security of personal data.
5.1.3. If the purpose of processing personal data is achieved, the Seller undertakes to stop processing personal data or ensure its termination (if the processing of personal data is carried out by another person acting on behalf of the Seller) and destroy personal data or ensure their destruction (if the processing of personal data is carried out by another person acting on behalf of the on behalf of the Seller) within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by the agreement to which the Buyer is a party, beneficiary or guarantor, or another agreement between the Seller and the Buyer.
5.1.4. If the Buyer withdraws consent to the processing of his personal data, the Seller undertakes to stop processing them or ensure the termination of such processing (if the processing of personal data is carried out by another person acting on behalf of the Seller) and if the storage of personal data is no longer required for the purposes of processing personal data , destroy personal data or ensure their destruction (if the processing of personal data is carried out by another person acting on behalf of the Seller) within a period not exceeding thirty days from the date of receipt of the said withdrawal, unless otherwise provided by the agreement, the party to which horn, the beneficiary or guarantor of which is the Buyer.
5.2. The seller has the right:
5.2.1. Change this Agreement, the Prices for the Goods and the Tariffs for related services, the methods and terms of payment and delivery of the goods unilaterally by placing them on the pages of the online store located at the Internet address: smartworld.uz. All changes come into force immediately after publication, and are considered brought to the attention of the Buyer from the moment of such publication.
5.2.2. Record telephone conversations with the Buyer.
5.2.3. Without agreement with the Buyer, transfer his rights and obligations to fulfill the Agreement to third parties.
5.2.4. Cancel the Order with a non-cash payment method after 2 (two) hours from the moment of registration in case of no payment received.
5.2.5. Use "cookies" technology. Cookies do not contain confidential information and are not transferred to third parties.
5.2.6. Obtain information about the ip - address of the visitor to the smartworld.uz Sites. This information is not used to identify the visitor and is not transferable to third parties.
5.2.7. The Seller has the right to send advertising and informational messages to the Buyer via e-mail and sms with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.
5.2.8. The Seller has the right to unilaterally cancel the Buyer's Order in case of violation by the Buyer of paragraphs. 5.3., 2.1. of this Offer.
5.2.9. The Seller has the right to change the terms of the Promotions posted on the smartworld.uz online store website, unilaterally without the Buyer's consent, by posting such changes on the smartworld.uz online store website.
5.2.10. When delivering a prepaid order, the Seller or the Carrier has the right to require the Buyer to present an identity document or a Power of Attorney to receive the Goods. In case of refusal to present the specified document, the online store has the right to refuse to issue the goods to the Buyer.
5.2.11. If a prepaid order is not received by the owner of the Personal Account, the Recipient's full name must be indicated in a special field when placing an order. If the data of the Recipient do not match the data in the identity document or in the Power of Attorney, the online store has the right to refuse to issue the goods to the Buyer.
5.2.12. By posting a review on the site, you agree to the use by the Seller of the review text for advertising purposes, as well as transfer to third parties for the use of the review text on third-party resources. At the same time, in order to ensure the safety of your personal data, a review may be posted with a reduction or partial masking of personal data.
5.3. The buyer undertakes:
5.3.1. Before the conclusion of the Agreement, familiarize yourself with the content and terms of the Agreement, the prices for the Goods offered by the Seller in the online store.
5.3.2. In fulfillment by the Seller of its obligations to the Buyer, the latter must provide all the necessary data that uniquely identify him as the Buyer and sufficient to deliver the Goods he paid for to the Buyer.
5.3.3. Pay for the ordered Goods and its delivery on the terms of this agreement.
5.4. The buyer has the right:
5.4.1. The buyer has the right to refuse to receive e-mail and sms mailings, for this he needs to click on the link in the letter “You can unsubscribe from the mailing list from your Personal Account” or go to the “Subscriptions” page in the Personal Account.
5.4.2. Independently cancel the order through a special service on the website or in the Seller's application within 10 minutes from the moment the order was placed.
6. Order of transfer of the Goods
6.1. Delivery of the Goods is carried out by one of the following methods agreed by the Parties:
by the Seller (the date of sale will be the date of transfer of the Goods to the Buyer or the Consignee specified by the Buyer);
the carrier (courier) with whom the Seller has concluded the relevant agreement (the date of sale will be the date of transfer of the Goods to the Buyer or the Consignee specified by the Buyer);
by the forces and at the expense of the Buyer, on the terms of self-pickup from the Seller's warehouse (the date of sale will be the date of transfer of the Goods to the authorized representative of the Buyer at the Seller's warehouse).
When organizing the delivery of the Goods by the Seller, the cost of delivery is included in the cost of the Goods, unless otherwise agreed by the Parties.
6.2. Terms of delivery of the Goods: The Goods are delivered by the Seller and / or the Carrier (courier) within 1-2 days from the date of 100% payment for the goods.
6.3. Simultaneously with the consignment of the Goods, the Seller transfers the following documents to the Buyer:
consignment note (2 copies);
invoice (2 copies) (if the Buyer is a legal entity, an electronic invoice form is sent to him).
The Buyer undertakes, within two working days from the date of transfer of the Goods, to sign and send to the Seller one copy of the consignment note and invoice (to confirm the electronic invoice) at the address: Tashkent, Mukimi St., house 178. and also send a scan a hard copy of the consignment note to the Seller's E-mail address.
6.4. The buyer must provide an identity document or a power of attorney for his representative to receive the goods.
The release of goods by proxy is not carried out in the following cases:
- Presentation of a power of attorney issued with violations of the established procedure for its completion;
- Presentation of a power of attorney with amendments and blots;
- Failure to present a passport (copy of the passport) specified in the power of attorney;
- Expiration of the power of attorney.
6.5. Acceptance of the Goods in terms of quantity, completeness and quality is carried out according to the accompanying documents at the place of transfer of the Goods to the Buyer or the Consignee.
6.6. When the transferred Goods are in closed containers and there is no possibility to accept the Goods by external inspection without violating the integrity of the container and / or packaging, the Goods are accepted at the Buyer's warehouse with a full inspection of the entire lot of the Goods within five working days.
6.7. Acceptance of a consignment of the Goods is considered to be made within the specified period, except for cases of detection of hidden defects that could not be detected during the usual check for this Goods and were revealed only in the process of preparation for installation, in the process of installation, testing, use, but no later than the date of expiration Warranty period.
6.8. If the quantity, quality and completeness of the Goods are found to be inconsistent with the requirements of the Contract during the acceptance of the Goods, as well as if hidden defects of the Goods are found during the Warranty Period, the Buyer or the Consignee suspends any further actions in relation to the Goods and draws up an act on the identified discrepancies. The act of identified non-conformities must include a photo table and must be signed by at least three people in the commission. After drawing up the act, the Buyer or the Consignee is obliged to ensure the safety of the Goods that do not comply with the terms of the Agreement and prevent its mixing with other homogeneous Goods.
The Buyer is obliged to send to the Seller's E-mail address an act of identified discrepancies within two working days from the date of its preparation.
The Seller reviews the report on the identified non-conformities within five working days and sends a notification of the decision to the Buyer's E-mail address.
6.9. The buyer must inspect the goods on the spot, checking its assortment, completeness and integrity. In the event that the representative of the Buyer refused to carry out the specified inspection, further claims of the Buyer regarding the assortment, quantity and / or quality of the goods are not accepted.
6.10. The Parties have agreed that in the case of the sale of the Goods on a self-delivery basis, the storage of the Goods free of charge is carried out for no more than 2 (two) working days from the date of shipment agreed by the Parties. Further storage of the Goods by the Seller is paid by the Buyer on the basis of the invoice issued, no later than within 2 (two) working days from the date of issue.
6.11. The Seller is obliged to provide the Buyer with the necessary and reliable information about the Goods, including the procedure and conditions for its operation.
6.12. Before the transfer of the Goods to the Buyer, the Seller is obliged to answer all the questions arising from the Buyer related to the operation of the Goods.
6.13. The Buyer has the right to inspect the Goods before purchase, to demand that the properties be checked in his presence or a demonstration of the use of the Goods.
7. Product quality and product warranty
7.1. The quality of the product must comply with international standards for the corresponding product in the country of origin of the product.
7.2. The Seller guarantees that the goods sold are new and unused.
7.3. The warranty period for the Goods is determined in accordance with the issued warranty card or the Regulation on warranty service accepted by the Seller.
7.4. Warranty maintenance of the Goods will be carried out at the service center of the Seller or the manufacturer of the Goods.
7.5. The warranty does not cover defects in the Goods caused by:
a) incorrect (in violation of the instructions attached to the product in the set of technical documentation) or inappropriate use of the product by the Buyer;
b) use of the Goods in unforeseen environmental conditions, irregular maintenance;
c) power supply voltage drop below or above that specified in the technical documentation of the Goods;
d) for defects that could be detected by the Buyer at the time of checking the Goods, carried out in accordance with clause 6.8. of this Public Offer.
7.6. If during the warranty period the failure of the sold Goods is a consequence of the factors listed in clause 7.5. or other circumstances caused by the guilty actions of the Buyer, then all costs for the elimination of these malfunctions, incl. transportation costs, equipment repair, etc., are fully covered by the Buyer, according to the Seller's current public etching for the maintenance and repair of equipment.
8. Seller's responsibility
8.1. For the untimely If the Goods are delivered, the Buyer has the right to demand from the Seller a penalty in the amount of 0.4% of the total value of the Goods not transferred for each day of delay, but the total amount of the penalty should not exceed 20% of the value of the Goods not transferred.
8.2. None of the Parties has the right to a complete unilateral unreasonable refusal to fulfill obligations under the Agreement. For violation of this provision of the Agreement, the affected Party has the right to demand payment of a fine in the amount of 5% of the value of the unfulfilled obligation, subject to monetary value.
8.3. In the event that the Buyer violates the obligation to return the consignment note and invoice provided for in clause 6.3 of the Agreement, the Seller sends a written notice to the Buyer about the need to fulfill the corresponding obligation. After 10 calendar days from the date of sending the notification, if the consignment note is not returned, the Seller has the right to demand payment of a fine in the amount of 5% of the cost of the Goods sold under the consignment note.
8.4. The Seller is not responsible for the lack of certain Goods in warehouses or at the Place of the transaction.
9. Force majeure
9.1. The Parties are released from liability for partial or complete failure to fulfill obligations if such failure is caused by force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could not foresee and prevent by reasonable measures (force majeure). In this case, neither party has the right to demand compensation for possible losses, except for the obligation to return previously received funds.
9.2. Emergency events include: flood, fire, earthquake, explosion, storm, subsidence, epidemic and other natural phenomena, war or hostilities, civil unrest, terrorist attacks, export embargoes and others.
9.3. In the event of force majeure circumstances, the deadline for fulfilling obligations is postponed in proportion to the time during which such circumstances and their consequences will operate.
9.4. The party, for which the impossibility of fulfilling obligations under the agreement has arisen, is obliged to notify within 3 (three) banking days of the occurrence and termination of these obligations.
9.5. Appropriate evidence of the existence of the above circumstances and their duration will be evidence from the relevant competent authorities.
10. Final provisions
10.1. The agreement is an accession agreement. The fact confirming the acceptance of the terms of the Agreement and the acceptance of this public offer is the payment of the Invoice or the signing of the Specification.
10.2. All disputes and disagreements that may arise from the terms of this agreement, if possible, are resolved between the parties through negotiations. The claim procedure for settling a dispute is mandatory. The term for responding to a claim is 10 (ten) calendar days from the date of receipt.
10.3. In cases where there is no mutual agreement and there are contradictions under the terms of the contract, disputes are considered in the Tashkent Interdistrict Economic Court. If one party to this Agreement is an individual, in this case, disputes are subject to consideration in the competent court at the location of the defendant in the manner prescribed by law.
10.4. In the event that the Parties exchange documents during the execution of the Agreement, by using the Seller's E-mail address and the Buyer's E-mail address, these documents will have legal force and can be used in litigation. The Parties undertake to exchange the originals of the relevant documents within fourteen calendar days from the date of their provision through technical devices, unless another period is established by the Agreement.
10.5. The Buyer undertakes not to provide third parties with technical or commercial documentation received from the Seller. The Buyer guarantees non-disclosure of confidential commercial information that became known to him as a result of the execution of the Agreement, ensures the protection of this information and documents from unauthorized access and use. These provisions shall remain in force for an unlimited period after termination of the Agreement.
10.6. When executing the Agreement, the Parties shall ensure the security and confidentiality of personal data of personal data subjects (individuals) in case they are processed on behalf of the other Party during the validity period of the Agreement. In the case of processing, including the collection and storage of personal data by the Parties, the Parties independently determine the purpose and timing of such processing, and also confirm the consent of individuals to the processing of their personal data.
10.7. The parties hereby represent each other that:
the person concluding the Agreement acts within the limits of authority determined by the charter/power of attorney valid as of the date of conclusion of the Agreement;
all necessary corporate approvals of the Agreement have been obtained, including if the Agreement is a major or interested party transaction for the Party;
Store they have the appropriate licenses (permits) to perform the Agreement (if a license is required) and there are no circumstances that may affect the validity of the license (permit) during the entire term of the Agreement;
The Parties have and will have, during the term of the Agreement, sufficient technical and financial capabilities for the timely and full (proper) fulfillment of their obligations under the Agreement;
The parties are not in the process of reorganization or liquidation;
no bankruptcy procedures have been initiated and are not being carried out in relation to the Parties;
The parties are not participants (parties) of the executive, administrative, civil, criminal, tax, etc. proceedings (case) that would affect their ability to fulfill their obligations under the Agreement.
The representations of the Parties are essential. The Parties decided to conclude the Agreement on the terms specified in the Agreement, taking into account the assurances of each other. The Parties would not have concluded the Agreement or would have concluded it on other terms if they had information about the unreliability of the above assurances.
10.8. The Buyer hereby agrees to the newsletter from the Seller to the Buyer's E-mail address.
10.9. Other conditions not provided for by this Public Offer are governed by the Civil Code of the Republic of Uzbekistan, the Rules for Retail and Wholesale Trade in the Republic of Uzbekistan and other applicable regulatory legal acts.
11. Details of the "Seller".
Smartpost LLC
Address: 178 Muqimiy st, Тashkent, 100096, Uzbekistan, Phone (78) 113-22-22
Bank account No. 20218000905673613001
in the OPERU of AO Anor Bank
MFO 01183 OKED 47910
Buyer
FULL NAME.
Tel.: (998 71)
Mobile: (998)
Email: