Public Offer

1. GENERAL 

Information posted on the web-site of the online store https://en.kosmosky.com (hereinafter the online store, Web-site), includes all offer terms and conditions for the goods purchasing and is a public offer according to art. 396 of the Civil Code of the Republic of Kazakhstan. Acceptance by the Buyer is its ordering of the goods offered. The Seller is an limited liability partnership "Kosmosky" (№ of Certificate of State Registration 10100595066284 dated June 27, 2022, address: 102, Nauryzbay Batyr street, Almaty, the Republic of Kazakhstan, 050000; business identification number: 220640042626). The seller is an agent of the manufacturer.

In its activities, the Seller is governed by the provisions of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan No. 346-VI dd. 25.06.2020 "On Consumer Rights Protection" and other regulatory-legal acts of the Republic of Kazakhstan, as well as other normative documents that imperatively extend their effect on relationships between the Seller and the Buyer, including, but not limited to the General Data Protection Regulation. 

These Rules (Terms and Conditions) can be changed by the Seller without any special notification, and the new edition of the Rules (Terms and Conditions) shall enter into force at the date of its posting on the Web-site, unless otherwise provided by the new edition of the Rules (Terms and Conditions), and shall not be extended to the legal relationships between the Buyer and the Seller, arising prior to the new edition of the Rules (Terms and Conditions) entry into force. The current version of the Rules (Terms and Conditions) is always available on the following page at: https://en.kosmosky.com/public/. 

2. TERMS AND CONDITIONS 

Online store is owned by the Seller and administered by it being set of logically connected web-pages, containing data about the goods and conditions for their purchasing, at https://en.kosmosky.com. 

The product is any real thing presented in the online store catalog. 

The Buyer is a person, who purchases or orders goods, and intends to order or using goods for personal, family, household and other needs not related to entrepreneurial activities. 

Personal data is an information provided by the Republic of Kazakhstan Law No. 94-V dd. May 21, 2013 "On Personal Data on its Protection" voluntarily and knowingly provided by the Buyer in ordering in the online store and required to perform the order by the Seller placed by the Buyer. The Seller, processing Buyers` personal data, as necessary, has taken all sufficient organizational and technical measures to protect personal data from unauthorized or accidental access to them or their destruction, alteration, blocking, copying, distribution and other illegal actions. 

Personal data protection are the measures of the Seller targeted at the Buyer`s personal data processing to make statistical processing and marketing research, improve efficiency of each Customer servicing, and provide exclusive information about special offers, news and other marketing materials. 

Order is an electronic or oral application submitted by the Buyer for the Goods purchasing from the catalog of the online store, agreed by the Parties, accepted and executed by the operator of the Seller. 

Contract is a purchase and sale agreement between the Buyer and the Seller on the certain Goods purchasing by the Buyer at a specified price, with delivery within the agreed terms and under certain delivery or receipt conditions. 

Services is a set of actions undertaken by the Seller in relation to the Buyer, for the purpose of fulfilling the terms and conditions of the Contract, including, but not limited to such services as Order delivery to the Buyer, information to the Buyer about Contract execution progress, etc. 


3. GOODS PURCHASE CONDITIONS 

Protection of intellectual property

All text-based information and graphic images posted on the web-site shall be the property of the Seller or its counterparties. 

E-catalog. Goods description and price 

All information about the Goods provided on the website, shall be informative, not an advertising and cannot fully present information about the properties and characteristics of the Goods. 

Photos, diagrams, drawings and video images of the Goods samples in the catalog shall be the property of the Seller or its counterparties. Each image of the sample shall be accompanied by the text-based information about the Goods. The quality of settings and features of the Buyer`s computer screen may distort the color of the Goods presented. The Buyer shall have a right to apply to the Seller for additional information about the Goods interested. The Seller's representative shall provide (by phone or via e-mail) other information necessary and sufficient from the Buyer`s point of view, at the request of the Buyer, to make a decision on the Goods purchasing, to the extent to which such information is not confidential. 

In the event the Buyer has any questions concerning the Goods properties and characteristics before ordering, it may seek advice from the Seller. The methods of communication with the Seller are specified in the section of the Web-site "Contacts". 

Online store information about the Goods 

Information about the main consumer properties of the Goods, address (location) of the Seller, place of the Goods manufacture, price and conditions for the Goods purchasing, its delivery, and payment procedure for the Goods are provided on the web-site. 

Rules and conditions for the Goods effective and safe use are provided on the web-site in "Frequently Asked Questions" section. 

If the goods purchased by the Buyer were in use or any defect(s) were removed in it, the Buyer shall obtain information about. 

Responsibility of the Parties for the information reliability 

Each Party shall be responsible for unreliability of the information provided. 

The Seller shall not be responsible for the accuracy and correctness of the information provided by the Buyer during online registration and ordering. 

In order to complete the Order, the Buyer shall provide valid data necessary to execute the Order. Responsibility for validity and / or applicability of the information provided, as well as for incorrect data provided by the Buyer and / or the representative of the Buyer, shall be assumed by the Buyer. 

The Buyer shall be notified by these Terms and Conditions that the sale of the Goods through the online store is carried out in real time (24 hours) and implies price changes and its availability without prior notice. In this regard, the Goods shall be reserved for the Buyer only after Order processing by the Seller. 

Seller`s liability limitation for the Goods and their use 

Failure by the Buyer to comply with the rules established for the Goods use shall not discharge the Seller from its liability. 

The Seller shall be discharged from its liability for non-fulfillment of its obligations or for improper performance of its obligations if it proves that failure to fulfill obligations or their improper performance occurred due to force majeure, as well as on other grounds as provided for by the law. 

Goods ordering 

Goods can be ordered by the Buyer by sending self-filled order form on the web-site. 

Moreover, the Seller shall inform the Buyer that the Buyer's order and the Seller's obligations arise at the date of the order scope, its cost and delivery method with the Seller's representative approval by the Buyer. Order can be executed only after application for the Goods confirmation and the Buyer's Personal Data correctness. 

If the Order scope was changed when processed by the Seller's services, it is possible to re-execute it only after its final scope of supply agreement with the Buyer. 

Cases of Goods removal by the Seller from the Order agreed: 

1. The Seller shall inform the Buyer about lack of non-defective Goods, which was identified in Order completion in kind and Goods presale inspection, and the defective Goods identified by the Seller itself could not be replaced with quality goods within a reasonable time. 

2. The manufacturer of the Goods is in the process of being wounded up or in a bankruptcy process, and there was a risk of improper contract performance by the manufacturer concluded with the Seller with respect to the Goods. 

3. The Goods of preliminary order were not available. The Goods release into sale is delayed for an indefinite period or canceled by the manufacturer. 

4. Legislative restrictions on free sale of the Goods ordered are introduced. 

Order delivery and payment procedure 

The Goods shall be delivered to the Buyer by the communications organization – DHL Express - after full order payment (including goods cost and delivery) by filling the forms on the web-site. 

The Goods shall be shipped by the Seller within the term from two (2) days to ten (10) weeks from the date of full payment receipt for the Goods. The delivery terms and cost shall be calculated individually (based on dimensions, region, payment method and delivery mode), and this information becomes known to the Buyer when it enters payment page prior to making such payment. 

The Seller will make every effort to deliver the Goods to the Buyer as quickly as possible. 

If the Order is delivered by the DHL, the DHL shall be responsible for its security and delivery terms on the territory of Russian Federation (where the manufacturer is located) from the date of sending to the DHL office. Claims for mail search shall be reviewed in accordance with the Rules for DHL operation. 

If the Order was delivered within the established deadlines, but the Order was not transferred to the Buyer through its fault, further delivery shall be made within the new deadlines agreed with the Seller, after repeated payment by the Buyer of the Goods delivery costs. 

Order receipt 

When the Goods are transferred to the Buyer, it shall check integrity of the outer package of the parcel and no mechanical damage on it. If the above defects are identified, it is necessary, together with the communications organization employee, to draw up an act of damage, and open and inspect the Goods fixing all violations in the Act. 

In the event of any violations identified, the Buyer shall have a right to refuse from the Order or its part containing the Goods of inadequate quality, paying in proportion for the Goods and services for its delivery remained in the Order. 

The Buyer can cancel the Order (refuse from the Goods) until the date of its transfer by the Seller to the communications organization. Thereafter, the Order cannot be cancelled. If the Goods were delivered by the DHL, the Order returned to the Seller through the fault of the Buyer shall be sent to the Buyer again only after making additional payment for the cost of services for the Goods delivery returned and the cost of services for their re-sending to the Buyer. 

Goods rejection and return 

The Buyer shall have a right to refuse from the Goods at any time prior to its transfer to the communications organization, and after Goods transfer - within thirty days of the Goods receipt. 

Goods of the proper quality shall be returned in the event its market condition, consumer properties and document confirming the fact and conditions for the said goods purchasing are preserved. No document available with the Buyer confirming the fact and conditions for the Goods purchasing shall not deprive it of the opportunity to refer to other evidence of the Goods purchasing in this online store. 

If the Buyer refuses from the Goods, the Seller shall refund an amount paid by the Buyer under the contract, except for the Seller's delivery costs (in both ways), customs charges, customs fees and VAT and expenses of the goods returned by the Buyer, not later than ten days after the date of the relevant request submitted by the Buyer. In this case, the Seller deducts the following costs from the customer`s refund. 

If the Buyer doesn`t pick up his package from the Post Office and his package is shipped back, the Seller's delivery expenses including customs charges, delivery costs (in both ways) should be paid by the Buyer.

If the Buyer requires reshipping in this case, the Buyer should cover the Seller`s expenses including customs charges, delivery costs (in both ways).

ALL PICTURES SHOWN ARE FOR ILLUSTRATION PURPOSES ONLY. THE ACTUAL PRODUCT MAY VARY. A discrepancy between the actual product and the picture is not an indication of the improper quality of the goods.

Refunding 

Methods: 

in cash while Goods return at the place of Seller location;
mail transfer;
transfer to the Buyer's bank or other account specified in the Buyer's Application;
to the account of the phone number.

Custom-made product

In cases of purchasing a custom-made product, present conditions of the public offer shall be valid in so far as they do not run counter to this paragraph.
The production time of custom Kosmosky drums is 4 to 12 weeks. Delivery time increases by the amount of time needed to manufacture a customized drum. Upon order cancellation, the Buyer is obliged to proportionally reimburse the Seller for the cost of work performed prior to the cancellation of the order and for the losses caused by order cancellation, ranging between the stipulated price for the full amount of work and a part of the price paid for work performed. The corresponding amount of funds could be deducted by the Seller from the payment amount deposited by the Buyer (non-refundable for the Buyer).

Other conditions 

The laws of the Republic of Kazakhstan shall be applied to the relations between the Buyer and the Seller. 

All questions and claims can be sent by e-mail kosmosky.sales@gmail.com. 

All disputes shall be settled by the Parties via negotiations, and in failure to reach an agreement, the dispute can be referred to the court in accordance with the current laws of the Republic of Kazakhstan.

Payment by bank cards is carried out through PayPal.

We accept payment cards VISA, MasterCard, American Express, Discover, Diners, Union Pay. 

Internet payment service is carried out in accordance with the Rules of international payment systems Visa, MasterCard and the Payment System "MIR" on principles of confidentiality and security of payment, for using the most modern methods of checking, encrypting and transmitting data over closed communication channels. Entering the bank card data is carried out on the secure payment page of PayPal payment system.

On the page for entering bank card data you will need to enter the card number, name card holder, card expiration date, three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All necessary data is printed on the card. The three-digit security code is the three digits on the back side of cards. 

Next, you will be redirected to the page of your bank to enter the 3DSecure code, 
which will come to you in SMS. If the 3DSecure code has not come to you, then you should contact the bank that issued the card.