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Public offer agreement

By undergoing the Verification procedure and placing Orders on Tapitap.kz, the Client hereby agrees to the Terms of Sale of Goods for individuals on Tapitap.kz (“Terms”) as outlined below.

These Terms govern the relationship between the Client (referred to as "you"), Global Hub Solutions LLP (Tapitap.kz), and Foreign Sellers arising from the registration and execution of Orders on Tapitap.kz. The laws of the Republic of Kazakhstan shall apply to relations within the framework of the Terms, unless otherwise specified in the Terms.

The Terms become effective upon publication on the Site and remain valid indefinitely. Tapitap.kz reserves the right to unilaterally amend the Terms at its discretion without prior notice. Changes become effective upon the posting of the updated version on the Site.

By accepting this public offer, the Client unconditionally and irrevocably confirms that Global Hub Solutions LLP (Tapitap.kz) is not the seller of the goods, and the Client does not enter into a purchase and sale agreement for the goods with Global Hub Solutions LLP (Tapitap.kz).

Terms:

Verification is a process aimed at confirming the authenticity and ownership of a specific phone number by an individual. As a result of this process, the Client is assigned a unique ID and a Personal Account is established, which is linked to the verified phone number. Additionally, the Client gains access to log in to the Personal Account.

Order refers to the Client's request to purchase a Product and have it delivered to a specified address using the selected method of delivery.

Personal Account (Account) is the Client's dedicated page on the Website containing information about their Orders.

Tapitap.kz is the Limited Liability Partnership "Global Hub Solutions", which owns the Site.

Website is an information system available on the Tapitap.kz website and/or within the Tapitap mobile application, offering Customers the opportunity to browse and purchase Products.

Client is a legally competent individual, a citizen (resident) of the Republic of Kazakhstan, who places an Order on the Site or is specified as the recipient of the Goods, and utilizes the Goods solely for personal, family, household, and non-commercial purposes.

Declarant is an individual on whose behalf and for whom goods are declared.

Foreign seller/seller refers to a person operating outside the Republic of Kazakhstan, registered on the Site, and who has entered into a purchase and sale agreement with the Client as a Seller for Goods with delivery from abroad through the Site.

Customs representative is an individual who conducts customs operations on behalf and for the account of the declarant or other interested party in accordance with current legislation.

Logistics operator is a legal entity responsible for organizing and executing the delivery of goods from the Foreign seller to the Client. The logistics operator reserves the right, at its discretion, to involve third parties in performing certain tasks, including, but not limited to, customs clearance, cargo insurance, provision of storage, or any other actions related to the delivery process of the goods.

1. Placing an Order

1.1. Verification is conducted according to the procedures outlined in the user interface.

1.2. The Client agrees not to disclose their login credentials, password, telephone number, or individual codes to third parties. In case of any suspicion regarding the security of their data or their unauthorized use by third parties, the Client is obligated to promptly notify Tapitap.kz at info@Tapitap.kz.

1.3. Upon completing Verification, the Client consents to receive service messages simultaneously or separately via email (if provided in the Personal Account), SMS messages, push notifications, applications, instant messengers, or any other means to the phone number provided by the Client during registration and/or placing an Order. These messages may include updates on the Order status, delivery conditions, Products in the Client’s basket, and/or items added by the Client to their "Favorites", as well as requests for feedback. The Client cannot opt out of receiving these messages due to technical constraints.

1.4. Tapitap.kz reserves the right to send advertising messages to the Client (via SMS, push notifications, applications, instant messengers for smartphones, phone calls, or any other means to the phone number or email address provided by the Client) provided that proper consent is obtained in compliance with legal requirements, or if the User has not opted out of receiving advertising messages. The Client retains the right to opt out of receiving advertising messages by adjusting subscription settings in the appropriate section of their Personal Account at any time.

1.5. The Client acknowledges that any restrictions (including account blocking) related to security or violations of these Terms by the Client may be applied to their Account, either for technical reasons or otherwise. Furthermore, by accepting these Terms, the Client agrees that such restrictions on their Account may be imposed at any time without explanation and without prior notice to the Client.

2. Conclusion of an Agreement

2.1. These Terms, along with the information regarding the Products displayed on the Site, constitute a public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan.

2.2. The Client initiates an order on the Website (or mobile application) for Goods from a Foreign Seller with international delivery. By accepting this public offer agreement, the Client acknowledges that they are entering into a purchase and sale agreement directly with the Foreign Seller for the Goods. Any rights or claims regarding the Products solely pertain to the Foreign Seller from whom the Client purchases the said Product.

2.3. Tapitap.kz provides a service offering software and hardware capabilities over the Internet for establishing connections and conducting transactions between Foreign Sellers and the Client (by operating a real-time trading platform on the Internet) using software, including associated services integrated within the framework of such transactions facilitated by the trading platform's software and hardware capabilities.

2.4. The Client accepts the terms of sale for the selected Products by clicking the “Pay online” / “Place an order” button and providing personal data, including those necessary for customs clearance of the sold goods from abroad, during the final stage of placing an Order on the Site. The completion of these actions confirms the conclusion of an agreement between the Client and the Foreign Seller.

2.5. To place an order, the Client provides Tapitap.kz with the required TapiTap data. Tapitap.kz processes such data, including its transfer (cross-border, where applicable), to the Foreign Seller, Delivery Service, and Customs Representative. The processing of the Client’s personal data under the terms of this clause is conducted to ensure that the Foreign Seller fulfills its obligations under the contract for the sale of Goods, including delivering the Goods to the Client, and for the Customs Representative to carry out customs clearance of the Goods during the fulfillment of their respective obligations. By entering into this Agreement, the Client unconditionally and irrevocably consents to Tapitap collecting and processing their personal data in accordance with the legislation of the Republic of Kazakhstan and international law, including the right to transfer the Client’s personal data to third parties as necessary.

2.6. The Client acknowledges that Tapitap.kz may validate (verify) their data under the terms of this clause, including involving third parties and entrusting them with data processing, to rectify potential errors during the customs clearance process of the Goods.

3. Declaration and Customs Duties

3.1. When purchasing goods from Foreign sellers, the regulations of the Republic of Kazakhstan's Code on customs regulation, along with additional rules, conditions, and laws, are applicable.

3.2. As per the Republic of Kazakhstan's Code on Customs Regulation, all shipments crossing the EAEU border are subject to customs declaration, irrespective of their value or weight. All international shipments undergo customs clearance in adherence to the prescribed procedure.

4. Restrictions on the purchase of goods.

4.1. Tapitap.kz exclusively lists goods from Foreign sellers for the Client's personal purchase. The Client acknowledges and agrees that the laws of the Republic of Kazakhstan may impose restrictions on importing goods duty-free and accepts this condition. If required, the Client commits to covering all necessary duties and other fees mandated by the laws of the Republic of Kazakhstan for importing goods into its territory.

4.2. The purchased product must be intended solely for personal use.

4.3. The purchased product must not be utilized for commercial purposes.

4.4. Goods prohibited for importation by the laws of the Republic of Kazakhstan cannot be dispatched to the Client.

5. Customs Clearance of Imported Goods.

5.1. All products ordered from Foreign sellers are subject to customs inspection and clearance upon crossing the border of the Republic of Kazakhstan.

5.2. By paying for goods from Foreign Sellers, the Client authorizes the Logistics Operator to appoint a Customs Representative for customs clearance purposes. The Customs Representative acts on behalf and in the interest of the Client.

5.3. The agreement between the Customs Representative and the Client is considered concluded upon placing an order on the Site.

5.4. Additional fees for customs clearance services are not levied on the Client if the threshold for duty-free import of goods for individuals set by the EEC (Eurasian Economic Commission) is not surpassed.

5.5. The Client has the right:

5.5.1. To receive information from the Customs Representative regarding the customs clearance of Goods.

5.5.2. Tapitap.kz does not participate in the customs clearance procedure under any circumstances and does not act as the Client's representative for importing Goods for personal use into the territory of the Republic of Kazakhstan.

5.5.3. If placing an order exceeding the duty-free import threshold established by the laws of the Republic of Kazakhstan, the Client is obligated to independently settle customs duties and taxes mandated by the laws of the Republic of Kazakhstan, of which they will be notified by the relevant authority and/or customs representative. The Customer is responsible for paying applicable import duties and any other mandatory fees.

6. Payment for Goods

6.1. Payment for goods is processed through the Client's bank card. When placing an order, in the payment method section, the Client can choose a saved card or opt for a new card online, then proceed to click "Pay online." If paying with a new card, the Client enters the card details and clicks "Pay." Upon completing the payment for the order, the Client will receive an electronic notification regarding the payment for the goods in their personal account.

6.2. Once the Product is ordered, it becomes impossible to refund the funds to the Customer, as these funds have either been transferred to the Foreign seller or are currently in the process of being transferred. The Client indemnifies Tapitap.kz from any claims, demands, suits, or liabilities arising from or related to such refunds.

6.3. By accepting this public offer, the Client unconditionally and irrevocably consents to the possibility of the goods' cost changing due to fluctuations in exchange rates at the time of payment.

6.4. All matters concerning the provision of receipts for payment, invoices, and other necessary documents confirming payment for the Goods by the Client are to be resolved independently with the Foreign seller.

7. Delivery of Goods

7.1. Delivery is managed by the Logistics Operator to the designated delivery point chosen by the Client during the order placement.

7.2. The Foreign seller independently designates the Logistics Operator on behalf of and for the Client. The service cost is indicated during the Order placement stage. Tapitap is not liable to the Client for the Logistics Operator, with whom the Client agrees.

7.3. The Client agrees to receive all calls from the Seller and/or Logistics Operator at the phone number provided during the Order placement, either for the Client or the Order Recipient. Tapitap.kz or the Logistics Operator may record calls specified in this clause to monitor Site usage quality and Order execution.

7.4. The delivery cost for each Order is calculated individually based on factors like weight, dimensions, region, delivery method, and payment method. It is specified during the final stage of Order placement on the Site.

7.5. The Customer has up to 14 (fourteen) calendar days from the Order arrival date at the pickup point to retrieve (store) the Order. Failure to collect the Order within this period constitutes the Client's rejection of the purchase and sale agreement, leading to Order cancellation without the Client's entitlement to a refund from the Foreign Seller and/or Global Hub Solutions LLP.

7.6. Upon Order receipt, the Client must inspect the appearance, packaging, quantity, completeness, and assortment in the presence of the issuing personnel. Claims regarding completeness, assortment, quantity, and appearance are not accepted after the Order has been transferred through all delivery methods.

7.7. When issuing an Order, the issuing personnel may request the Client's identification document and/or a QR code. The Client is obligated to provide an identification document and/or a QR code to prevent fraud and fulfill the delivery obligations assumed upon prepaid Order delivery. If an identification document and/or QR code are absent or the recipient's age does not match, the Product will not be handed over, but the delivery service will be deemed provided.

7.8. The risk of accidental loss or damage to the Goods passes to the recipient upon Order transfer. In the event of Goods loss before this moment, the Customer will be reimbursed the prepaid Goods cost and its delivery upon receiving confirmation of the Goods loss from the Seller or Logistics Operator.

7.9. The Client is accountable for the QR code's safety and transmission to third parties.

7.10. Orders are not handed over to minors, even with the presentation of the Client's identification card and/or QR code.

8. Return of Goods

8.1. The Client retains the right to return Goods of appropriate quality to the Foreign seller, provided the following conditions are met:

1) The return period to the recipient must not exceed the period established by the legislation of the Republic of Kazakhstan;

2) The product and its packaging must be in their original condition;

3) All markings on the Product must be intact without any damage;

4) The product must not have been used;

5) The Client must furnish a document confirming the purchase of the specified Product, along with the details of the conditions of purchase.

8.2. The Client does not have the right to refuse a Product of appropriate quality with individually defined properties if the said product can only be used by the purchaser exclusively, or if, according to the legislation of the Republic of Kazakhstan, such Product cannot be replaced and/or returned.

8.3. The return of Goods of appropriate quality to the Foreign Seller is the responsibility of the Client and at the Client's expense. The Foreign seller does not reimburse the Client's expenses for shipping such Goods, delivery services, bank services, and Tapitap.kz commission. Tapitap.kz does not participate in the process of returning Goods to the Foreign seller and reserves the right to refuse the Client attempting to return Goods to Tapitap.kz.

8.4. The Seller refunds the money to the Client for the returned goods of proper quality as per the agreements reached during negotiations between the Seller and the Client. Tapitap.kz does not partake in the refund process.

8.5. If the product is of inadequate quality, the Customer can return it upon discovering any defects. Tapitap.kz does not provide a guarantee for the Product of a Foreign Seller. The warranty for goods of a Foreign Seller may only be applicable within the territory of the Foreign Seller's operation.

8.6. To initiate a decision on returning the Goods and the paid money, the Client must contact the Foreign seller. To do so:

- Contact the Foreign seller;

- Describe the issue and provide the requested documents and information;

- Await the decision of the Foreign seller. In the event of a prolonged wait (exceeding 24 hours from the initial request), the Client has the right to directly contact Tapitap.kz Support Service.

8.7. Upon approval of the return by the Foreign Seller, the Customer must independently return the received Product to the address specified by the Foreign Seller for return. The client must choose the return method themselves.

8.8. The Foreign Seller independently determines whether to refund funds and Goods within the framework of the agreements between the Foreign Seller and the Client.

8.9. If the Client disagrees with the decision of the Foreign seller, the dispute is referred to Tapitap.kz Support Service. The support service may request additional information and documents from the Client and the Foreign seller necessary to make a decision on the dispute.

9. Limitation of Liability Tapitap.kz

9.1. Tapitap.kz is not a party to transactions between a Client and a Foreign Seller, and is not responsible to Customers for the quality of Goods sold on the Site. The quality, safety and conformity of the Product to its description, as well as the ability of a Foreign seller to sell the Product are beyond participation and control Tapitap.kz . At the same time, Tapitap.kz undertakes to assist the Client in resolving a dispute with a Foreign Seller on issues related to non-delivery of Goods, delivery of low-quality Goods, refund of money paid by the Client for undelivered and/or low-quality Goods.

9.2. Tapitap.kz is not responsible for the accuracy of the content of information uploaded by a Foreign Seller about the Product.

9.3. Tapitap.kz and the Foreign Seller are not responsible for damage caused to the Customer as a result of improper use of Goods purchased on the Site.

9.4. Under no circumstances Tapitap.kz is not responsible to the Client for any damage, including lost profits or lost data, damage to honor, dignity or business reputation caused by the use of the Site.

9.5. Due to the fact that Goods from abroad are imported directly to the Customer's address according to the procedure for importing Goods for personal use, the Foreign Seller does not guarantee the availability of all information and documents required by the legislation of the Republic of Kazakhstan on the Product, since this Product is intended for personal use by the Customer. At the same time, the Foreign seller will take all measures to provide Customers with all the necessary information.

9.6. All information about the Products on the Website, including description, photos, image of the logo, Trademark, etc. is posted for informational purposes, solely to inform the Customer of the information necessary for him to make a decision about placing an order. Such information is not an advertisement and is not created/owned by Tapitap.kz, and to a foreign seller. Tapitap.kz checks information about Goods regarding the prohibition of import and use of Goods in the territory of the Republic of Kazakhstan.

9.7. Tapitap.kz is not a person authorized by a Foreign Seller to accept and satisfy Customer claims regarding Goods of inadequate quality. Tapitap.kz does not reimburse Customers for losses related to the sale of Goods of inadequate quality. The relevant requirements must be submitted directly to the Foreign Seller. At the same time, Tapitap.kz provides information support to the Client when the Client has a claim against a Foreign Seller, including in cases when the Foreign Seller does not respond to the Client's claim, makes an unlawful decision on the claim, etc.

Requisites

GLOBAL HUB SOLUTIONS LLP

BIN: 231240009268

Legal address:

Republic of Kazakhstan, Astana, Baikonyr district, Egemen Kazakhstan gazeti street, building 3/5

Current account (KZT): KZ30601A871021396541

JSC "Halyk Bank of Kazakhstan"

SWIFT: HSBKKZKX

Beneficiary Code: 17

Director: Sugirbayeva A.A.