Public offer
1. General provisions
1.1. This document constitutes a public offer by «Зубная Аптека» LLP (the Seller) and contains all material terms of a retail sale contract for goods sold remotely through the online store dentalpharmacy.kz (the Website).
1.2. In accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, this offer is deemed accepted when the Buyer places an order on the Website.
1.3. Acceptance of the offer constitutes the Buyer’s full and unconditional agreement with all terms of this contract, without any exceptions or reservations.
1.4. A contract concluded by accepting this offer does not require signatures by both parties and has legal force under Article 396 of the Civil Code of the Republic of Kazakhstan.
1.5. The Seller may unilaterally amend this offer; amendments take effect upon publication on the Website.
2. Subject of the contract
2.1. The Seller undertakes to transfer ownership of oral care goods to the Buyer, and the Buyer undertakes to accept and pay for those goods.
2.2. The name, quantity, item number, price and other characteristics of the Goods are determined when the order is placed, in accordance with the current catalogue on the Website.
2.3. The Seller guarantees that the Goods are genuine and have appropriate labelling and certification.
3. Ordering procedure
3.1. The Buyer places an order independently using the shopping cart on dentalpharmacy.kz or by telephone through a call centre operator.
3.2. By adding Goods to the cart, the Buyer confirms having read their characteristics, description and price.
3.3. An order is deemed placed when the “Place order” button is clicked and confirmation is received by email or SMS.
3.4. The Seller may refuse to fulfil an order if the Goods are out of stock or if the Buyer has provided inaccurate information, notifying the Buyer within 24 hours.
3.5. An order may be changed or cancelled before the Goods are handed over for delivery by contacting an operator by telephone or through the personal account on the Website.
4. Price and payment procedure
4.1. Prices of Goods on the Website are stated in Kazakhstani tenge (₸) and include VAT if the Seller is a VAT payer. Delivery charges are stated separately at checkout.
4.2. The Seller may unilaterally change the price of Goods before the order is paid for. The price is fixed upon payment.
4.3. Payment is made by one of the following methods:
- cashless payment using a Visa / Mastercard / MIR bank card through the Website’s payment gateway;
- cash on receipt of the order (for courier delivery);
- bank transfer to the Seller’s current account (for legal entities).
4.4. The Buyer’s payment obligations are deemed fulfilled when funds are credited to the Seller’s current account or cash is accepted by the courier.
5. Delivery of Goods
5.1. The Seller delivers Goods within the Republic of Kazakhstan using its own courier service or partner logistics companies.
5.2. Delivery takes from 1 to 14 working days after order confirmation and receipt of payment, depending on the delivery region. Exact delivery times are agreed when placing the order.
5.3. Ownership of the Goods passes to the Buyer upon actual handover of the Goods and the recipient’s signing of the delivery note, unless otherwise provided by law.
5.4. Upon receipt of the order, the Buyer must check the completeness and external condition of the Goods. Claims are accepted at handover; subsequent claims concerning appearance or completeness are not accepted.
5.5. Delivery to pickup points (where available) is free of charge. Courier delivery charges are stated at checkout and depend on the region.
6. Returns and exchanges
6.1. Goods of proper quality may be returned in accordance with Law of the Republic of Kazakhstan No. 274-IV dated 04.05.2010 “On Consumer Rights Protection”.
6.2. The Buyer may withdraw from the Subject of the Contract and request the return of Goods before handover without giving reasons, provided the Goods have not been handed over. In this case, the Buyer will receive a full refund within 10 banking days.
6.3. Goods of proper quality (without defects) may be returned within 14 calendar days of receipt. The Goods must be returned in their original packaging, with a sales receipt and a report recording the defect.
6.4. Returns of Goods of proper quality are not accepted if the Goods show signs of use, the original packaging has not been retained, or the defect resulted from the Buyer’s improper use.
6.5. Goods of proper quality may be exchanged for equivalent Goods free of charge, with delivery paid by the Buyer.
7. Rights and obligations of the parties
7.1. The Seller undertakes to:
- hand over Goods of proper quality to the Buyer within the agreed time;
- provide accurate information about the Goods and their characteristics;
- maintain the confidentiality of the Buyer’s personal data;
- consider the Buyer’s claims within the prescribed time limits.
7.2. The Seller may:
- refuse to fulfil an order in the cases provided for in this Offer;
- unilaterally amend the terms of the Offer by publishing an updated version on the Website.
7.3. The Buyer undertakes to:
- pay the order amount within the prescribed time limits;
- provide accurate personal information for placing and delivering the order;
- ensure receipt of the Goods at the specified address or pickup point.
7.4. The Buyer may:
- obtain information about the contents of the order and delivery status;
- submit claims to the Seller concerning the quality of the Goods in accordance with applicable legislation.
8. Liability of the parties
8.1. The Parties are liable for improper performance of their obligations under this contract in accordance with the legislation of the Republic of Kazakhstan.
8.2. The Seller is not liable for inability to use the Website caused by technical failures on the Buyer’s or third parties’ side.
8.3. The Seller is not liable for damage resulting from the Buyer’s improper use of the Goods.
8.4. The Seller is not liable if purchased Goods do not meet the Buyer’s expectations, provided the Website description corresponded to their actual characteristics.
8.5. The Seller’s total liability to the Buyer is limited to the amount of the paid order, unless otherwise provided by the legislation of the Republic of Kazakhstan.
9. Confidentiality and personal data
9.1. The Controller processes the Buyer’s personal data in accordance with Law of the Republic of Kazakhstan No. 94-V dated 21.05.2013 “On Personal Data and Their Protection”, exclusively for the purposes of performing this contract.
9.2. By agreeing to this Offer, the Buyer consents to the processing of their personal data: full name, address, telephone number and email address, for the purposes of processing the order, delivery and providing information.
9.3. The Controller takes the necessary technical and organisational measures to protect the Buyer’s personal data against unauthorised access and unlawful use.
9.4. Full terms of personal data processing are set out in the Privacy Policy published on dentalpharmacy.kz.
10. Force majeure
10.1. The Parties are released from liability for full or partial non-performance of their obligations under this contract in the event of force majeure: extraordinary and unavoidable circumstances beyond the Parties’ control (earthquake, flood, epidemic, hostilities, decisions of public authorities, etc.).
10.2. If force majeure occurs, the affected Party must notify the other Party in writing within 3 (three) working days.
10.3. If force majeure continues for more than 2 (two) months, either Party may unilaterally terminate the contract without compensation for damage.
11. Duration of the offer and amendment procedure
11.1. This Offer remains valid indefinitely from publication on dentalpharmacy.kz until its withdrawal or replacement by a new version.
11.2. The Seller may unilaterally amend the Offer by publishing an updated version on the Website. Amendments take effect upon publication and are not retroactive.
11.3. Orders placed before amendments take effect are governed by the terms of the Offer in force when the order was placed.
11.4. Disputes between the Parties shall be resolved through negotiations. If no agreement is reached, disputes shall be resolved in court at the Seller’s location in accordance with the legislation of the Republic of Kazakhstan.
12. Controller’s details
«Зубная Аптека» LLP
Business identification number (BIN): 240140038346
Beneficiary code (KBe): 17
Registered address: Republic of Kazakhstan, Almaty, 169 Zharokov Street, office 28
Bank: «Kaspi Bank» JSC
Bank identification code (BIC): CASPKZKA
Individual identification code (IIK): KZ45722S000045651306
Email address: info@dentalpharmacy.kz
Website: dentalpharmacy.kz
This Public Offer is published on dentalpharmacy.kz in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan. Placing an order constitutes the Buyer’s unconditional acceptance of all terms of the Offer.
