Public offer (offer) of the online store "ToBeBlossom" for the sale of goods

Basic concept

  • Site visitor— a person who came to the site https://www.tobeblossom.com  without the purpose of placing the Order.
  • User — an individual, a Site visitor who accepts the terms of this Agreement and wants to place Orders in the ToBeBlossom online store.
  • Customer — a User who placed an Order in the ToBeBlossom online store.
  • ToBeBlossom - Sole Proprietor Anatolij Karlyuk (PSRNSP 307770000199491).
  • Seller - ToBeBlossom, whose product is published in the online store.
  • Online store — an Internet site owned by ToBeBlossom, located on the Internet at https://www.tobeblossom.com where the Products offered for purchase are presented, as well as the terms of payment and delivery of Goods to Customers.
  • Website/Site — https://www.tobeblossom.com/.
  • Product — clothing and other products offered for sale on the Site.
  • Order — a duly executed request from the Customer for the purchase and delivery to the address specified by the Customer/by means of pick-up of Goods selected on the Site.
  1. Generalities
    1. The Seller carries out remote sale of Goods through the online store at the address https://www.tobeblossom.com.
    2. The Seller carries out remote sale of Goods through the online store at the address https://www.tobeblossom.com.
    3. The public offer is recognized as accepted by the Site User/Customer from the moment the User places an Order on the Site, as well as from the moment the Customer accepts the Order by phone 8 800 707 28 30.
    4. A retail purchase and sale agreement is considered to be concluded from the moment the Seller issues the Customer a cash or commodity receipt or other document confirming payment for the Goods.
    5. By informing the Seller of your e-mail or phone number, the Site Visitor / User / Customer agrees to the use of these means of communication by the Seller, as well as by third parties engaged by it for the purpose of fulfilling obligations to Site Visitors/Users/Customers, in order to carry out advertising and informational mailings containing information about discounts, upcoming and current promotions and other events of the Seller, the transfer of the Order for delivery, as well as other information, directly related to the fulfillment of the Customer's obligations under this Public offer.
    6. By placing an Order, the User / Customer agrees that the Seller may assign the execution of the Contract to a third party, while remaining responsible for its execution.
    7. You can place an order in the ToBeBlossom online store 24 hours a day, 7 days a week, except for periods of routine maintenance or technical failures.
    8. The addresses and operating hours of the order pick-up Points where refunds can be made are available on the Website in the "Exchange and Returns" section https://www.tobeblossom.com/info/obmen-i-vozvrat/.
  2. Agreement subject
    1. The subject of this Agreement is to allow the User to purchase for personal, family, home and other needs not related to business activities, Goods presented in the catalog of the online store at https://www.tobeblossom.com.
    2. This Agreement applies to all types of Goods and services presented on the Site, as long as such offers with a description are present in the catalog of the online store.
  3. Order registration
    1. ToBeBlossom не несет ответственности за точность и правильность информации, предоставляемой Пользователем при оформлении Заказа.
    2. Communication between the User/Customer and Call center operators/managers and other representatives of ToBeBlossom should be based on the principles of generally accepted morality and communication etiquette. It is strictly forbidden to use obscene words, swearing, insulting expressions, as well as threats and blackmail, regardless of what form and to whom they were addressed.
  4. The goods and terms of purchase
    1. In the absence of the ordered Goods in stock Seller shall have the right to exclude a specified Product from the Order/cancel the customer's Order, notifying the Customer by sending a corresponding electronic message to the address specified by the Customer when Ordering (or call the Call centre operator ToBeBlossom).
    2. In case of cancellation of the fully or partially prepaid Order, the cost of the canceled Product is returned by the Seller to the Customer in the way that the Product was paid for.
    3. The Customer is fully responsible for providing incorrect information, which resulted in the inability of the Seller to properly fulfill its obligations to the Customer.
    4. After placing an Order on the Site, the Customer is provided with information about the expected delivery date by sending an email to the address specified by the Customer when placing the Order, or by phone. The Manager serving this Order specifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in the Seller's warehouse and the time required for processing and delivery of the Order.
    5. The expected date of transfer of the Order to the delivery Service is notified to the Customer by the Manager serving the Order, by email or during a control call to the Customer.
  5. Delivery of order
    1. Methods, as well as approximate delivery times for products sold by ToBeBlossom, are listed on the Website in the "Payment methods and delivery" section at https://www.tobeblossom.com/info/dostavka-i-oplata/. Specific delivery times can be agreed by the Customer with the Call center operator when confirming the Order.
    2. Delivery of Products presented On the site and sold by ToBeBlossom is carried out worldwide.
    3. Upon delivery, the Order is delivered to the Customer or a third party specified in the Order as the recipient (hereinafter referred to as the Customer and the third party as the "Recipient"). If it is not possible to receive an Order paid for in cash by the above-mentioned persons, the Order may be handed over to a person who can provide information about the Order (departure number and/or full name of the Recipient), as well as pay the cost of the Order in full to the person delivering the Order.
    4. In order to avoid cases of fraud, as well as to fulfill the obligations assumed in paragraph 5.3. when delivering a pre-paid Order, the person delivering the Order has the right to request a document proving the identity of the Recipient, as well as specify the type and number of the document provided by the Recipient on the receipt for the Order. The seller guarantees the confidentiality and protection of the Recipient's personal data (clause 9.3. Offers).
    5. The risk of accidental death or accidental damage to the Product passes to the Customer from the moment the Order is transferred to him and the Recipient of the Order signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller will reimburse the Customer for the cost of the pre-paid Order and delivery in full after receiving confirmation of the loss of the Order from the delivery Service.
    6. The shipping cost of each Order is calculated individually, based on Product, weight of Product, address and shipping method, and also (if necessary) forms of payment, and indicated on the Website at the last stage of checkout, or reported through a call to the Call centre operator ToBeBlossom.
    7. The Seller's obligation to deliver the goods to the Customer is considered fulfilled at the moment when the Goods deliver to the Recipient or the Recipient receives the Goods at the post office or at a pre-agreed place of delivery of the Order.
  6. Payment for Goods
    1. The price of the product sold in the online store is indicated on the Site in Тенге / Евро of the Republic of Kazakhstan without VAT.
    2. The price of the Product on the Site can be changed by the Seller unilaterally. However, the price of the Product ordered by the Customer is not subject to change.
    3. The product can be paid using a bank card only.
    4. To select payment for the product using a bank card, click the order payment by bank card button on the corresponding page. Payment is made via Sberbank PJSC using bank cards of the following payment systems:

      • VISA International;
      • Mastercard Worldwide.

      In some cases we may offer you PayPal as well if it fits your payment requirements better.
    5. To make a payment (to enter card details), the Customer will be redirected to the payment gateway of Sberbank. The connection to the payment gateway and information transfer is performed in a secure mode using the SSL encryption Protocol. If the Customer's bank supports the technology of secure online payments Verified by Visa, MasterCard SecureCode, you may also need to enter a special password to make the payment.
    6. The site supports 256-bit encryption. The confidentiality of personal information is provided by Sberbank. The internet information will not be provided to third parties except in cases stipulated by the legislation of the Republic of Kazakhstan. Bank card payments are made in strict accordance with the requirements of the Visa Int payment systems., MasterCard Europe Sprl.
    7. Features of payment for Goods using bank cards:
      1. In accordance with the regulation of the Central Bank of the Republic of Kazakhstan "on the issue of bank cards and on transactions made using payment cards" bank card transactions are performed by the cardholder or an authorized person.
      2. Bank card transactions are authorized by the bank. If the bank has reason to believe that the transaction is fraudulent, the bank has the right to refuse to perform this operation. Fraudulent transactions with bank cards fall under article of the Criminal code of the Republic of Kazakhstan.
      3. In order to avoid cases of various types of misuse of bank cards when paying, all Orders placed on the Site and prepaid by bank card are checked by the Seller. In order to verify the identity of the owner and their eligibility to use the card, the Seller has the right to require the Customer who placed such an order to present an identity document.
    8. ToBeBlossom has the right to provide discounts on Products, the terms and conditions are specified on the Website and can be changed by the Seller unilaterally. If, when applying the discount, the recalculated cost of the ToBeBlossom Product includes kopecks, such cost of the Product is subject to rounding down to a multiple of 1 (One) ruble.
    9. An order is considered incomplete if the Customer has informed about the change in the purchase decision before the order is assembled in the warehouse. If the Customer informs the Seller about this after the order has been assembled in the warehouse, the Order is considered rejected by the Customer.
  7. Return of Goods and money
    1. The return of Goods sold by ToBeBlossom is carried out in accordance with the "Exchange and Returns" section https://www.tobeblossom.com/info/obmen-i-vozvrat/.
    2. Return of goods of proper quality
      1. The Customer has the right to refuse the ordered Product at any time before receiving it, and after receiving the Product — within 14 (Fourteen) days, not counting the day of purchase. The return of good quality product is possible if its commercial appearance, consumer properties, packaging, labeling of the Seller, as well as a document confirming the fact and conditions of purchase of the specified Product are preserved.
      2. If the Customer refuses the Product in accordance with clause 7.2.1. the Seller returns the cost of the returned Product, except for the Seller's expenses related to the delivery of the returned Product by the Customer, within 3 (Three) days from the date of receipt of the returned Product at the Seller's warehouse, together with the Customer's completed application for the return of the Product.
    3. Return of Goods of improper quality:
      1. The Seller's warranty period for the Product purchased by the Customer on the Site is 14 (Fourteen) calendar days. For a year-round Product, the warranty period begins to run from the moment of its purchase (receipt) by the Customer. For seasonal Goods the warranty period shall begin on the date of occurrence of the season if Product was purchased in advance; if seasonal Goods are purchased after the occurrence of the season – the warranty period starts from the date of purchase of such Goods by the Customer.
      2. The warranty does not apply including but not limited to the following cases:

        • formation of pellets on the surface of the fabric;
        • burning of fabric or loss of color;
        • cuts, tears and abrasions;
        • operational wear and tear;
        • violation of the geometry of accessories, up to complete failure;
        • defects caused by improper care and wearing of the product.

      3. A product of improper quality is a product that is defective and cannot ensure the performance of its functional qualities. The received Product must match the description on the Site.
      4. The appearance and completeness of the Product, as well as the completeness of the entire Order, can be checked by the Recipient at the time of delivery of the Product.
      5. Claims for a refund of the amount of money paid for low-quality goods are subject to satisfaction within 10 days from the date of presentation of the corresponding claim.
      6. Refunds are made by returning the cost of the paid Product to a bank card. In case of cancellation or refund of a fully or partially prepaid Order, the cost of the canceled Product is returned by the Seller to the Customer in the way that the Product was paid for. The method must be specified in the appropriate field of the Product return request.
      7. The Seller accepts the claim Product from the Customer for quality control and conducts quality control within a period not exceeding 30 (Thirty) days from the date of transfer of the claim Product and documents confirming the purchase.
      8. Quality control of the Product is carried out by the Seller at his own expense. If there is no factory defect based on the results of the examination, the Customer compensates the Seller for the costs incurred in this regard.
      9. If the Customer does not agree with the results of the quality check, the Customer may be assigned to conduct an independent examination at its own expense.
      10. If an independent expert finds a factory defect confirmed by a relevant conclusion, the Seller must satisfy the Customer's claims for the claimed Product and pay the Customer the cost of the examination.
      11. The product presented under the warranty claim is the property of the Customer until the Seller makes a positive decision to satisfy the Customer's claims.
      12. If a positive decision is made on the warranty claim, the Customer must agree on the refund procedure with the Seller.
      13. The Customer must send the original documents listed in the previous paragraphs, copies of which were submitted at the time of the claim, within 3 (Three) business days from the date of the parties ' agreement on the return.
      14. The method of sending documents must ensure that the Customer receives them within 14 (Fourteen) calendar days from the date of sending, unless otherwise agreed by the Parties. In case of incomplete submission of original documents or their complete absence after 20 (Twenty) calendar days from the date of approval by the Parties of the return, the Customer withdraws from the performance of warranty obligations in this case.
      15. After making a decision on the warranty claim, the Customer returns the original documents provided to the Customer.
      16. All costs of sending the Goods and documents are borne by the Customer.
  8. Responsibility
    1. The Seller is not responsible for any damage caused to the Customer as a result of improper use of Goods purchased in the online store.
    2. The seller is not responsible for the content and functioning of external sites.
  9. Privacy and information protection
    1. Personal data of the User/Customer is processed in accordance with the Federal law "On personal data" No. 152-ФЗ and international acts in the field of personal data protection.
    2. When placing an Order on the Site, the User provides the following information: name, phone number, e-mail, delivery address, delivery method, payment method.
    3. By submitting your personal data to the Seller, the Site Visitor/User/Customer agrees to their processing by the Seller, including for the purpose of fulfilling the Seller's obligations to the Site Visitor/User/Customer under this Public offer, promoting the Seller's products and services, conducting electronic and sms surveys, monitoring the results of marketing campaigns, inviting to participate in ongoing programs to improve the quality of service, customer support, organizing delivery of goods to Customers, conducting prize draws among Site Visitors/Users/Customers, monitoring the satisfaction of the Site Visitor/User/Customer, as well as the quality of services provided by the Seller.
    4. Personal data processing is understood as any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change) extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need for it arose during the performance of obligations), depersonalization, blocking, deletion, destruction of personal data. For more information about personal data processing, see the Privacy policy of ToBeBlossom, located on the Site.
    5. The Seller has the right to send informational messages, including advertising messages, to the User/Customer's e-mail and mobile phone with his/her consent, expressed by performing actions that uniquely identify this subscriber and allow us to reliably establish his/her will to receive the message. The User/Customer has the right to refuse to receive advertising and other information without explaining the reasons for refusal by informing ToBeBlossom of their refusal by phone 8 800 707 28 30 or by sending a corresponding application to the Seller's email address [email protected]. Service messages informing the User/Customer about the order and its processing stages are sent automatically and cannot be rejected by the User/Customer.
    6. Withdrawal of consent to the processing of personal data is carried out by revoking the acceptance of this Public offer.
    7. The Seller has the right to use "cookies" technology. Cookies do not contain confidential information. The Visitor/User/Customer hereby consents to the collection, analysis and use of cookies, including by third parties, for the purpose of generating statistics and optimizing advertising messages.
    8. The Seller receives information about the ip address of the Site user http://www.tobeblossom.com this information is not used to identify the user.
    9. The Seller has the right to record telephone conversations with the User/Customer. At the same time, the Seller undertakes to: prevent unauthorized access to information obtained during telephone conversations and/or transfer it to third parties who are not directly related to the execution of Orders.
  10. Validity of the Public offer
    1. This Public offer comes into force from the moment of its acceptance by the Site Visitor/Customer, and is valid until the withdrawal of the acceptance of the Public offer.
  11. Additional condition
    1. The Seller may assign or otherwise transfer its rights and obligations arising from its relationship with the Customer to third parties.
    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 technical service of ToBeBlossom has the right to periodically carry out the necessary preventive or other work with or without prior notification of Customers.
    3. The relationship between the User/Customer and the Seller is subject to the provisions of the Republic of Kazakhstan.
    4. In case of any questions or complaints from the User/Customer, they should contact the Seller in any available way. All disputes arising between the parties will be resolved through negotiations. If it is impossible to reach an agreement, the dispute will be referred to a judicial authority in accordance with the current legislation of the Republic of Kazakhstan.. The pre-trial claim procedure is mandatory and the claim review period is 10 (Ten) business days.
    5. The invalidity of any individual terms of this Offer does not affect the validity of its other terms and the Offer as a whole.
    6. ToBeBlossom reserves the right, at its sole discretion, to make changes to this Offer at any time without any special notice. The new version of this Offer comes into force from the moment it is published on the Site.
    7. Any claims are accepted by the Seller only on behalf of the person who accepted the terms of this Offer (the Customer).

Information about the Seller

Sole Proprietor Karlyuk Anatolij
ITN 771965048400
PSRNSP 307770000199491
e-mail: [email protected]