The offer
Edition of May 11, 2023
Public Offer for the Conclusion of a Sales Contract
The offer is a public proposal from the Seller, addressed to any individual/legal entity, to conclude a sales contract (hereinafter referred to as the "Contract"/"Public Offer") under the existing conditions contained in the Contract, including all its annexes.
Acceptance is the full and unconditional consent of the Buyer to conclude the Contract, expressed in the payment of the cost of the Goods.
Buyer/User is an individual or legal entity making a payment in money and being the purchaser of the goods in the online store "iSpace" (https://iSpace.uz).
iSpace or Seller is the Limited Liability Partnership "ASBC ENTITY" (TIN 309120406), selling the Goods through the online store "iSpace" (https://ispace.uz).
The online store "iSpace" is a website owned by iSpace, located on the Internet at https://ispace.uz, where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of the Goods to Buyers.
Website — https://iSpace.uz
Goods — all goods offered for sale on the Website.
Order — a properly completed request from the Buyer for the purchase and delivery to the address specified by the Buyer through self-pickup of the Goods selected on the Website.
1. General Provisions
1.1. This contract regulates the procedure for purchasing Goods in the "iSpace" store network (including the online store at the URL address https://ispace.uz/).
1.2. In accordance with Article 395 of the Civil Code of the Republic of Uzbekistan (hereinafter referred to as the Civil Code of the Republic of Uzbekistan), this document is a public offer, and in case of acceptance of the conditions set forth below, an individual accepting this offer makes payment for the Seller's Goods in accordance with the terms of this offer.
1.3. In accordance with paragraph 3 of Article 396 of the Civil Code of the Republic of Uzbekistan, acceptance of the offer means that the Buyer agrees with all the provisions of this offer and is equivalent to the conclusion of the Contract and all its annexes. In this regard, the User must carefully read the content of the offer. If the User does not agree with any of the terms of the offer, the User must refuse to accept the offer.
1.4. By accepting this offer, the User confirms that he is a capable, adult (18 years of age) person, that the funds paid by him for the Goods belong to him and were obtained legally (earnings, income).
2. Order Placement Procedure
2.1. All information about the Goods presented on the Website is for informational purposes only and may not fully convey information about the properties and characteristics of the Goods, including color, size, and shape. The accompanying photographs of the Goods are simple illustrations and may differ from the actual appearance of the Goods. The Goods may have slight differences from the image presented on the Website in color, shape, size, or other parameters. Any characteristics of the Goods may be changed by the manufacturer without prior notice. Before ordering the Goods, it is recommended to clarify the information with the Seller.
2.2. In case the Buyer does not request additional necessary information, the Seller is not responsible for the chosen Goods.
2.2. The Buyer's order placement through the Website is carried out by performing the following sequential actions:
- Select the Goods from the Product Catalog and add the selected Goods to the "Cart".
- Check if the assortment in the "Cart" matches the selected Goods, and if necessary, add or remove Goods from the "Cart", then click the "Place Order" button.
- Fill out the order form: last name, first name, phone number, email address, region/city, also specify the delivery address in the corresponding section by selecting the city from the drop-down list and indicating the postal code, house number, apartment number (if applicable) or when choosing the "Self-pickup" delivery conditions, select the store from the drop-down list. By clicking the "Pay" button, the Buyer confirms that he has read, agrees with, and accepts the terms of the Contract, the privacy policy, and other annexes that are an integral part of this Contract.
- In the "Payment" section, familiarize yourself with the final cost of the Order, including the delivery cost, and choose the payment method from the offered list.
- For online payment on the internet acquiring system payment page, enter the bank card details and perform the actions necessary to make the payment. In this case, the Buyer's bank card details are transmitted to the Bank only in encrypted form and are not stored by the Seller. The Bank guarantees the security of internet payment processing. All operations with bank cards are carried out in accordance with the requirements of international payment systems. When transmitting information on the Payment page, specialized security technologies for online card payments are used, and data processing is carried out on the secure high-tech server of the Bank's processing center. After confirming the payment and in case of successful payment authorization, the Buyer will receive a notification with the Seller's confirmation details of the Order and its number to the email address/phone number specified by the Buyer. The Order will then be automatically processed according to the specified conditions.
2.3. Each Buyer's order placement is considered as an independent conclusion of the Contract regarding the Goods specified in such an Order.
2.4. In case of changes in the delivery time or components of the Order (including the absence of ordered Goods in stock) after the completion of the Order procedure, the Seller sends the Buyer a notification of changes in the terms of the Contract by phone or by sending an electronic message to the email address or phone number specified by the Buyer when placing the Order to obtain consent to the new terms of the Order as a whole or in part. In this case, the Buyer agrees to the new terms of the Order or cancels the Order completely or partially. In case of prepayment by the Buyer of the Order, in case of full or partial refusal of the Order, the Buyer is refunded the cost of the Goods from which the Buyer refused, in the manner in which the Goods were paid. The Buyer expresses his consent to the new terms of the Order by: oral confirmation by phone or written by sending an electronic message by email/telecommunication or by accepting the Goods under the changed terms of the Order.
2.5. Delivery of the ordered Goods is carried out in agreement with the Buyer in accordance with the conditions posted on the website in the "Delivery and Payment" section and is an integral part of this Contract.
2.6. The order is considered fulfilled at the moment of actual transfer to the Buyer\\ Recipient of the Goods included in the Order based on the accompanying documents for the Goods signed by the Buyer\\ Recipient.
2.7. Ownership of the Goods and related risks pass from the Seller to the Buyer/ Recipient at the moment of transfer of the Goods to the Buyer/ Recipient and signing of the accompanying documents by the Buyer/ Recipient.
2.8. The warranty period and conditions are determined in the documentation attached to the goods or posted on the website, while the warranty period is calculated from the date of transfer of the Goods indicated on the receipt\\delivery sheet. In case of defects in the Goods during the warranty period, the Buyer contacts the authorized service center by phone and addresses indicated in the documentation attached to the goods or posted on the website.
3. Cost and payment procedure
3.1. The price of the Goods is indicated on the website or on the price tags in the "iSpace" Store, in sums including value-added tax, while the price of the Goods on the website may differ from the price of the Goods in the "iSpace" Store. In case of incorrect indication by the Seller of the price of the Goods ordered by the Buyer, the Seller has the right to change the price of the Goods and at the first available opportunity informs the Buyer to confirm the Order with the changed conditions or cancel the Order. If it is impossible to contact the Buyer or if the Buyer refuses the Order with the changed conditions, this Order is considered canceled.
3.2. The cost of delivery of the Goods is not included in the price of the Goods. The cost of delivery is paid by the Buyer in accordance with the conditions posted on the website in the "Delivery and Payment" section and is an integral part of this Contract.
3.3. The price of the Goods and the cost of delivery can be changed by the Seller unilaterally.
3.4. In case of non-cash payment using a bank card or online payment method, the cash register receipt will be provided to the Buyer electronically to the email address specified when placing the Order.
3.5. The Seller has the right to apply and establish discounts and other special offers established by the rules or other documents of the Seller, information about which is posted on the Website.
3.6. Payment with bonuses, gift cards/ certificates, the use of a promo code or other discounts is made when placing an order. Changing the payment terms after the completion of the order is not allowed.
3.7. The cost of participation in the additional service program is determined in accordance with the Terms of additional service posted on the website.
4. Procedure for the transfer and acceptance of Goods
4.1. The transfer of Goods in accordance with the terms of the Order is carried out by self-pickup or under the conditions of delivery of the Goods.
4.2. The transfer of Goods is carried out to the Buyer or Recipient, or a third party capable of providing information about the Order and paying for the Goods \\ at the request of the Seller or its authorized persons to provide a payment document.
4.3. Delivery of Goods is carried out by the Seller's delivery service or other authorized Seller.
4.4. For the transfer of Goods upon delivery or self-pickup, the Buyer, Recipient or third party must provide: -information about the Order (Recipient's full name, phone number specified when placing the order and/or order number and date);-identity document with an individual identification number (except in cases where an individual is not assigned an individual identification number in accordance with the legislation of the Republic of Uzbekistan);-confirmation of payment made – at the request of the Seller and its authorized persons;- order confirmation code, if applicable.
4.5. If the recipient of the Order is a legal entity, a power of attorney properly executed and a document confirming the identity of the attorney are required to receive the Goods.
4.6. The storage period of the Goods paid by non-cash payment or online payment, as well as approved by the Bank – indefinitely, while the Seller stores free of charge for 14 (fourteen) days from the date of placing the Order, starting from the fifteenth day the Seller has the right to charge, and the Buyer undertakes to pay the Seller for storage at the rates determined by the Seller.
4.7. Upon acceptance of the Goods, the Buyer must: -Inspect for external damage to the packaging.\\Ensuring the integrity of the packaging and the absence of traces of opening and external damage, open the consumer packaging and check the presence of the Goods in it. -Ensuring the presence of the Goods, check the absence of traces of external mechanical damage and verify the article of the received Goods with the article indicated in the accompanying document, check the completeness and color of the Goods.-In the absence of external damage to the packaging and Goods, as well as in the case of compliance with the article, completeness and color of the Goods, sign the accompanying documents confirming the receipt of the Goods, its compliance with the terms of the Order and the absence of claims to the Seller.
4.8. In case of claims, require the employee of the delivery service or the authorized person of the Seller to indicate in the delivery sheet or other accompanying document all damage to the packaging of the Goods, mechanical damage to the Goods and/or its incompleteness, non-compliance with other terms of the Order.
5. Responsibility of the Parties
5.1. For non-performance or improper performance of obligations provided for in this Contract, the Parties are liable in accordance with the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "On Consumer Protection", the Law of the Republic of Uzbekistan "On Regulation of Trade Activities" and other regulatory legal acts.
5.2. The Parties are exempt from liability for full or partial non-performance of their obligations if the non-performance was due to such force majeure circumstances as: war or military actions, earthquake, flood, fire and other natural disasters, acts or actions of state authorities, changes in customs regulations, import and export restrictions, arising independently of the will of the Parties after the conclusion of this Contract. The Party that cannot fulfill its obligations in this regard immediately notifies the other Party and provides documents confirming the existence of such circumstances issued by the authorized bodies.
6. Procedure for Consideration of Claims and Resolution of Disputes
6.1. In case of claims regarding the quality of the Goods, the Buyer has the right to present them within the warranty period for the Goods in accordance with the Law of the Republic of Uzbekistan "On Consumer Protection".
6.3. Claims regarding the loss of functionality of the Goods during its operation in cases covered by the manufacturer's warranty obligations are considered based on the conclusions of authorized service centers of the manufacturers. Addresses and phone numbers of authorized service centers are indicated in the documentation attached to the goods or posted on the website.
6.4. The costs of conducting the examination are paid by the Buyer. If the defects of the Goods arose due to the fault of the Seller/manufacturer, the costs of conducting the examination are reimbursed by the Seller to the Buyer.
6.5. In case of defects in the goods arising from manufacturing defects or materials (i.e., due to circumstances for which the manufacturer is responsible) and if these defects cannot be eliminated, the Buyer has the right to exchange the goods or return the amount paid for the goods upon providing the conclusion of the authorized service center indicating the reasons for the breakdown of the goods, as well as the document confirming the payment for the Goods.
6.6. If there are legal grounds for exchanging goods or returning funds to the Buyer, the return/exchange of goods is carried out in agreement with the Seller in accordance with the conditions posted on the website in the "Returns and Guarantees" section and is an integral part of this Contract.
6.7. The Seller has the right to refuse to accept the returned Goods of proper quality if one of the following grounds is present: if the Goods were used, their marketable condition, consumer properties, seals, labels are not preserved, there is no document confirming the fact of purchase of the goods, in the absence of packaging or loss of its marketable condition, detection of external damage to the Goods, non-compliance of the labeling on the Goods, packaging, documentation attached to the goods or posted on the website, as well as in other cases provided by the legislation of the Republic of Uzbekistan.
6.8. When exchanging or returning the Goods of proper quality by the Buyer, the Seller has the right to demand compensation from the Buyer for the expenses incurred by the Seller in organizing the exchange or return of the Goods.
6.9. The Parties will take all measures to resolve disputes and disagreements that may arise in the performance of obligations under the Contract through negotiations.
6.10. The Parties agreed that all disputes arising from this Agreement should be considered in a pre-trial procedure. The response period to a pre-trial claim is ten days. All disputes not resolved in the pre-trial procedure are subject to consideration in court in accordance with the legislation of the Republic of Uzbekistan at the location of the Seller.
7. Confidential Information and Personal Data Protection
7.1. The Parties undertake to ensure the confidentiality of any information and data received in the course of fulfilling obligations under this Contract.
7.2. The Seller guarantees that no information received from the Client will ever be provided to third parties under any circumstances, except as provided by the current legislation of the Republic of Uzbekistan and this Contract.
7.3. When making a non-cash payment using a bank card, information about the card and its holder is transmitted in encrypted form to the electronic payment system and is not provided to the Seller or third parties. At the same time, no confidential information regarding the Client's account number or its financial transactions is transmitted to the Seller.
7.4. By accepting the terms of the offer to conclude a Contract for the purchase of Goods in the "iSpace" store network, including the online store at the URL address https://ispace.uz, the Client expresses his consent to the processing of his personal data as described in this Contract. Processing means any operation with personal data regardless of the means and procedure used, in particular collection, recording, systematization, accumulation, storage, clarification, updating, modification and extraction of personal data, as well as their use, transfer, distribution, provision, access, anonymization, blocking, deletion and destruction. The consent provided by this clause of the Contract is valid for the duration of the Contract and for three years from the date of its completion.
7.5. The Client's personal data includes any information necessary for the Seller to identify the Client's identity and data of the Goods, other personal information provided by the Client to the Seller in the course of fulfilling this Contract.
7.6. The Seller takes technical and organizational-legal measures to ensure the protection of the Client's personal data from unlawful or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions. The Seller has the right to transfer the personal data of Clients or entrust their processing to any of its related or affiliated persons and partners in the manner provided by law and this Contract.
7.7. The Seller's actions regarding the Client's personal data are carried out for the proper fulfillment of obligations provided for in this Contract, for sending informational or advertising notifications, as well as for other purposes defined by this Contract and the Seller's statutory goals.
7.8. The Seller does not sell or provide the Clients' personal data to third parties for marketing purposes without the Client's direct consent. The Seller may combine anonymized data with other information received from third parties and use it to improve and personalize services, information content, and advertising. 7.9 The Seller may provide personal data to law enforcement and other authorized state bodies in the manner prescribed by the legislation of the Republic of Uzbekistan, service providers who assist in providing services (for example, fraud investigation, payment collection, customer service and communication, consulting services) only in necessary cases, if such cases occur.
8. Final Provisions
8.1 This Contract is drawn up in Russian and posted in electronic form in the Seller's online store at the URL address https://ispace.uz/.
8.2 If any provision of this Contract is found to be invalid by law, it will be deemed excluded from the Contract, while the remaining provisions of the Contract will remain in force.
8.3 Correspondence between the Parties may be carried out, and notifications, notices, or claims may be made in electronic form through the Client's communication channels, the contacts of which are specified by the Client himself, and through the Seller's contact details specified in the Seller's online store.
8.4 The Seller has the right to unilaterally change the terms of this Contract. Changes come into force at the time of publication of the new edition of the Contract in the Seller's online store. If the Client disagrees with the new edition of the Contract, he must immediately notify the Seller.