1. BASIC TERMS
For the purpose of proper interpretation of the terms of this Agreement, the following terms are used with the following meaning:1.1. “ARTBAZAR” – an online store with the Internet address http://www.artbazar.store, where any Buyer can view the products presented, their descriptions and prices, select a specific product, a method of payment and delivery of the product, and place an order for the selected product;1.2. Buyer — an individual or legal entity who has accepted the terms of the Offer in full and without exception (has accepted the Offer) and has placed an Order in the Online Store;1.3. Seller – an individual or legal entity that has posted information about products available for sale in the online store;1.4. Goods — property that is not withdrawn from civil circulation and presented for sale in the online store.1.5. An order is the Buyer’s decision to purchase a product and a properly executed request from the Buyer for purchase and delivery to the address specified by the Buyer or by picking up the Products selected in the Online Store.1.6. Catalogue – information about products posted in the online store.1.7. The operator of the online store website is the person authorized to manage the website, acting on behalf of the individual entrepreneur “Gurbanova Tajigul”.1.8. Agreement – an oral or written agreement between the Seller and the Buyer regarding the quality of the goods, their price, terms and other conditions under which the retail sale and purchase of the Goods is carried out.1.9. A product of proper quality is a product that has not been used, its presentation, consumer properties, seals, factory labels are preserved, and the consumer packaging is intact.1.10. Goods of inadequate quality – Goods with a significant defect, the defect of which makes it impossible or unacceptable to use them for their intended purpose.
2. GENERAL PROVISIONS
2.1. The online store 'ARTBAZAR' (hereinafter referred to as the Online Store) is the property of the individual entrepreneur 'Gurbanova Tajigul' and is intended to organize a remote method of selling goods via the Internet.2.2. This Agreement governs the relationship between the Operator of the website of the online store 'ARTBAZAR' (hereinafter referred to as the Website Operator) and the Buyer.2.3. The website operator reserves the right to change, add or delete clauses of this Agreement at any time without notifying the Buyer.2.4. Continued use of the online store by the Buyer means acceptance of the Agreement and the changes made to this Agreement.2.5. The Buyer is personally responsible for checking this Agreement for changes.2.6. When placing an order in the online store, the Buyer is obliged to provide the following information about himself: a) for individuals: last name, first name, patronymic (if any), contact telephone number, email address, delivery address (if delivery is selected);b) for legal entities and individual entrepreneurs: full name, TIN, full name and telephone number of the contact person, email address, legal address, delivery address (if delivery is selected), bank details (if paying via online banking);
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the Buyer with the opportunity to purchase for personal, family, household and other needs, the Goods presented in the catalog of the Online Store at http://www.artbazar.store;3.2. This Agreement applies to all types of Goods presented on the website of the online store, as long as such offers with a description are present in the catalog of the online store.3.3. This Agreement is an invitation to an offer in accordance with Art. 343, paragraph 2 of the Civil Code of Turkmenistan and placing an Order means that the Buyer agrees with all the terms of this Agreement without any additional conditions, exceptions, reservations and has accepted the offer to conclude an agreement, and has also agreed to the processing of his personal data when placing an order.3.4. The use of materials and services of the online store is regulated by the norms of the Law of Turkmenistan 'On the legal regulation of the development of the Internet and the provision of Internet services in Turkmenistan', 'On the protection of consumer rights', 'Rules for the sale of goods by remote means' and other relevant norms of the current legislation of Turkmenistan.3.5. By placing an Order, the Buyer agrees that the Operator of the online store website may entrust the execution of the Agreement to a third party.3.6. All rights and obligations under the Agreement concluded with the Buyer arise directly with the Seller, and the Buyer, by accepting this Agreement, fully understands and agrees that in the event of concluding an agreement with the Seller, the Operator is not a party to the said agreement and does not bear obligations related to its execution, except as provided for in this Agreement.3.7. The online store shall not be liable for damage caused to the Buyer as a result of improper use of the Goods purchased in the online store.3.8. The Seller is responsible for the execution of the sales contract concluded between the Buyer and the Seller based on the information provided about the Product in the online store catalogues, as well as for the observance of consumer rights violated as a result of the transfer of a Product of inadequate quality to the Buyer and the exchange of a non-food Product of adequate quality for a similar Product.3.9. This public offer comes into force from the moment of its acceptance by the Buyer and the execution of the Order, and is valid until the moment of refusal of the Order or until the moment of actual receipt of the Order, whichever comes first.3.10. The Buyer is responsible for the accuracy and reliability of the information provided when placing an order, including, but not limited to, from claims by third parties.3.11. Using the online store resource to view and select a product, as well as to place an order, is free of charge for the Buyer.
4. PRICE OF THE PRODUCT
4.1. The price for each item of the Product is indicated in manats on the website of the Online Store per unit of product.4.2. The Seller has the right to unilaterally change the price of any item of the Goods. However, the price of the Goods ordered by the Buyer is not subject to change. The price of the Goods may vary.4.3. The Seller indicates the cost of delivery of the Goods on the website of the Online Store or informs the Buyer when placing an order.4.4. In case of payment by bank transfer, the Buyer’s obligations to pay for the Goods are considered fulfilled from the moment the funds are received in the Seller’s bank account.4.5. In case of payment in cash, the Buyer's obligations to pay for the Goods are considered fulfilled from the moment of transfer of cash directly to the Seller at the order pick-up point (self-pickup) or upon receipt of the Goods by the Buyer at the delivery address specified in the Order (delivery of the goods by the Seller's representatives).4.6. Расчеты между Продавцом и Покупателем за Товар производятся, доступными способами оплаты, указанные при переходе на страницу оформления Заказа на сайте Интернет-.4.7. If the price for the Goods ordered by the Buyer is indicated/displayed incorrectly due to a technical failure, the Operator shall inform the Buyer about this in order to confirm the Order at the corrected price or cancel the Order. If the Operator fails to contact the Buyer, the Order shall be considered cancelled. If the Order has been paid for, the Seller shall return to the Buyer the amount paid for the Order in the same way it was paid.4.8. In case of cash payment, the Buyer is obliged to pay the Seller the price of the Goods at the time of their transfer, and the Seller is obliged to provide the Buyer with a cash receipt or other document confirming payment for the Goods.
5. PLACING AN ORDER
5.1. Information about the main consumer properties of the Product, its purpose, place of manufacture, method of use, service life, expiration date and warranty period, if established by the manufacturer, is indicated in the documents attached by the Seller to the Product, on the packaging of the Product or on the corresponding web page of the Online Store.5.2. The order for the Goods is made by the Buyer by entering the relevant data into the registration form on the website of the Online Store.5.3. After placing an Order on the website of the Online Store, the Buyer is provided with an invoice indicating the name, size, price of the selected product, total order amount, delivery cost and information about the estimated delivery date by sending an electronic message to the electronic address specified by the Buyer during registration.5.4. If the confirmation of the Order in writing by e-mail is not provided to the Buyer within 24 hours from the moment of its placement in the Online Store, the Order will not be accepted for execution.5.5. As part of the Order confirmation, the Buyer may discuss the delivery time of the Product, replacement of the Product selected by the Buyer with similar ones, completeness of the ordered Product, in cases of ordering prefabricated products consisting of several elements or individual Products, and may also clarify the place and time of delivery of the Product, as well as discuss other information directly related to the Buyer's Order.5.6. If the Buyer requires additional information, he/she has the right to request it from the Operator. In the absence of a request for the necessary information from the Buyer, the Operator shall not be liable for the Product selected by the Buyer.5.7. A remote purchase and sale agreement between the Seller and the Buyer is considered concluded from the moment the Seller issues to the Buyer a cash or sales receipt or other document confirming payment for the Goods. 5.8. If, after receiving the Order, it is discovered that the Seller does not have the required quantity of the ordered Goods in stock, the Operator/Seller shall inform the Buyer by telephone (if the Buyer indicated the telephone number when placing the Order) or by e-mail. The Buyer has the right to agree to accept the Goods in the quantity available from the Seller, or to cancel this item of the Goods from the Order.5.9. In case of cancellation of a fully or partially prepaid Order, the cost of the cancelled Product is returned by the Seller to the Buyer in the same way in which the Product was paid for.5.10. The Buyer shall bear full responsibility for the provision of incorrect information, which results in the Seller’s inability to properly fulfill its obligations to the Buyer.5.11. On the day of delivery of the order, the Seller's representative contacts the Buyer at the phone number specified by him at the time of placing the Order to agree on the exact time of delivery within the period specified by the Buyer, as well as to obtain the necessary information from the Buyer to be able to pass (drive) to the address specified by the Buyer. If the Buyer does not answer the call of the Seller's representative, the Seller has the right, with the consent of the Buyer, to reschedule the delivery to another time and (or) another day. If the Buyer does not contact the Seller and (or) does not agree on another time and (or) another day of delivery, the Seller's obligation to deliver the order is considered to have been properly fulfilled, and the Buyer is considered to have refused the order and the execution of the contract.
6. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
6.1. Methods of delivery of goods:6.1.1. Pick-up from the Order Pick-up Point;6.1.2. Delivery by the Seller.6.2. The cost of delivery of each Order is calculated individually, based on the delivery method, the weight of the Product and the capabilities of the Seller.6.3. Upon delivery, the Goods are handed over either to the Buyer or to the person specified as the Recipient of the Order.6.4. In order to ensure that the Seller fulfills its obligations in good faith, when delivering a prepaid Order, the person transferring the Order has the right to demand that the Buyer and/or Recipient present an identity document. The Seller guarantees the confidentiality and protection of the personal information of the Buyer and/or Recipient.6.5. The Order is considered fulfilled at the moment of actual transfer of the Goods included in the Order to the Buyer (or the person specified as the Recipient of the Order) on the basis of the document for the Goods issued by the Seller delivering the Order, signed by the Buyer (or the person specified as the Recipient of the Order). Upon receipt of the Goods, the Buyer (or the person specified as the Recipient of the Order) is obliged to check their appearance, integrity, composition, quantity, quality and check them for compliance with the declared quantity, assortment, completeness and documentation (if any) of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. After acceptance of the Goods by the Buyer (or the person specified as the Recipient of the Order) the Seller/Operator shall not accept any claims regarding the appearance, quantity and completeness of the Goods.6.6. In the absence of claims regarding the delivered Goods, the Buyer signs the 'Order Delivery Form' or another similar document provided by the Seller's representative and pays for the Order (in the absence of 100% prepayment). The signature in these documents indicates that the Recipient has not made any claims regarding the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods.6.7. The risk of accidental loss or accidental damage to the goods shall pass to the Buyer at the moment of transfer of the Goods to him and the Buyer (or the person specified as the Recipient of the Order) signing the documents confirming acceptance of the Goods.6.8. If the delivery of the Goods is made within the timeframes specified in the contract, but the Goods were not transferred to the Buyer due to the fault of the Buyer, subsequent delivery is made within the new timeframes agreed upon with the Seller, after the Buyer has paid the cost of the services for the delivery of the Goods.6.9. If it is impossible to deliver the Goods to the Buyer due to his/her absence at the specified address and failure to contact the Operator to agree on re-delivery within 7 calendar days, the Buyer's Order is considered cancelled. In this case, if the Buyer has paid an advance payment for the goods, the advance payment is returned to him/her by the same payment method, minus the payment for delivery.6.10. The Buyer specifies the place of delivery of the Goods when placing an Order for the purchase of the Goods.6.11. The delivered Goods are transferred to the Buyer, and in the absence of the Buyer, to any person who presents a receipt or other document confirming the conclusion of the Agreement or the execution of the delivery of the Goods.6.12. Information about the Product is communicated to the Buyer in the technical documentation attached to the Product, on labels, by marking or in another way accepted for individual types of goods, or by other available means.
7. PRODUCT GUARANTEE AND EXCHANGE
7.1. The warranty period for the product is specified in the documentation attached to the product.7.2. The buyer has the right to return a product of proper quality if it has not been used, its presentation, consumer properties, seals, labels, as well as a document confirming the fact of purchase of the product have been preserved, within 7 (seven) calendar days from the date of purchase of the product.7.3. The Buyer has no right to refuse a Product of proper quality that has individually defined properties if the said Product can only be used by the Buyer who purchases it.7.4. The consumer has the right to exchange a non-food product of proper quality within fifteen calendar days, not counting the day of purchase, and a non-perishable (not requiring special or specific storage conditions) food product of proper quality in undamaged consumer packaging within thirty-six hours from the moment of sale.7.5. Exchange of goods of proper quality is carried out if the specified goods have not been used, their presentation, consumer properties, seals, factory labels, as well as a document confirming payment for the goods have been preserved.7.6. In the event that the quality of the Goods is found to be inadequate within fifteen days from the date of receipt, the Buyer has the right to demand a proportionate reduction in the purchase price, or a replacement with a similar Good of proper quality, or the Buyer has the right to refuse to fulfill the purchase and sale agreement, return the Goods and demand that the Seller refund the amount paid within ten calendar days. If the Buyer refused the Goods of inadequate quality before the actual receipt of payment to the Seller's bank account, the period for the refund of the amount shall be calculated from the date of receipt of this amount to the Seller's bank account.7.7. Claims regarding the quality of the purchased Goods that arose after receipt and payment for the Goods are considered in accordance with the Law of Turkmenistan 'On Protection of Consumer Rights' and the Seller's warranty obligations. Claims regarding the goods are accepted via the feedback form or by calling +993 61 32 44 437.8. When making a claim regarding the poor quality of the Goods, the Buyer undertakes to provide documents confirming the purchase of the Goods and a detailed description of the defect in the Goods.7.9. If the Buyer refuses the Goods of proper quality, the Seller must return to the Buyer the amount paid by the Buyer for the Goods, excluding the Seller's expenses for delivery of the returned Goods to the Buyer within ten calendar days. If the Buyer refuses the Goods of proper quality before the actual receipt of payment to the Seller's bank account, the period for the return of the amount shall be calculated from the date of receipt of this amount to the Seller's bank account.7.10. Within the warranty period, in the event of detection of a significant defect due to the fault of the Seller, the Buyer has the right to apply with a demand for free elimination of the defect in the product. In the event of elimination of the defects by the Buyer himself or third parties, the Buyer loses the opportunity to apply for free elimination of the defects during the warranty service.7.11. If a warranty period is established for the Product, the Seller is liable for defects in the Product, unless he proves that they arose after the transfer of the Product to the Buyer due to the Buyer’s violation of the rules for the use, storage or transportation of the Product, actions of third parties or force majeure.7.12. If the Product does not have a warranty period, the Buyer must prove that the defects in the Product arose before the transfer of the Product to the Buyer or for reasons that arose before that moment (clause 3, Article 22 of the Law of Turkmenistan “On the Protection of Consumer Rights”).7.13. Funds in the amount of the cost of the returned paid Goods are returned to the Buyer by the same payment method by which the Buyer paid for the Goods.7.14. Costs associated with the delivery of the Goods to the Seller in connection with the return or exchange of the Goods shall be borne by the Buyer.
8. PROTECTION OF PERSONAL INFORMATION
8.1. By providing their personal data during registration and/or placing an Order on the Website of the online store, the Buyer gives their consent to the Operator for processing, including collection, systematization, accumulation, storage, clarification (updating, modification), use, depersonalization, transfer (provision, access, cross-border transfer), blocking, destruction of all their personal data transferred to the Operator, including those specified during registration and placing an Order on the Website of the online store, for the purpose of registering the Buyer on the Website of the online store, placing an Order in the Online Store by the Buyer, providing information about goods/services and the terms of their purchase, and executing the contract of sale of goods.8.2. Personal data may be processed using automation tools and/or without the use of automation tools. This consent is given until the Buyer revokes their consent to the processing of their personal data. Consent may be revoked by the Buyer at any time by sending a written statement in free form indicating the full name, postal address, contact phone number and signature of the Buyer to the address: Ashgabat, 1946 St., 23.8.3. By accepting the terms of this Agreement, the Buyer: Confirms that all data is provided voluntarily. 8.4. The Operator undertakes not to disclose information received from the Buyer. At the same time, disclosure of information is not considered a violation of obligations in the event that the obligation to disclose is established by the requirements of current legislation.8.5. Personal information provided by the Buyer (including the bank card number) is confidential and is not subject to disclosure. 8.6. The security of processing online payments is guaranteed by the relevant bank of the Seller.8.7. Consent to the use of the specified means of communication by the Operator, as well as third parties engaged by it for the purpose of fulfilling obligations to Buyers, for the purpose of sending out informational mailings, about the transfer of an order for delivery, as well as other information directly related to the fulfillment of obligations by the Buyer within the framework of this Public Offer
9. ADDITIONAL TERMS
9.1. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relations with the Buyer to third parties. 9.2. The online store and the services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The Operator's technical service has the right to periodically carry out the necessary maintenance or other work with or without prior notice to Buyers.9.3. The relations between the Buyer and the Seller, as well as the Operator, are subject to the provisions of the legislation of Turkmenistan.9.4. In case of questions and claims from the Buyer, he has the right to contact the Operator by telephone or other accessible means specified in this Agreement or the relevant section of the Website of the online store. 9.5. If a court finds any provision of this Agreement invalid, this shall not entail the invalidity of the remaining provisions..
