In this offer, unless the context of the text dictates otherwise, the following terms shall have the following meanings and form an integral part hereof:
"Seller", "Operator" – the following companies:
- Individual Entrepreneur (IE) "Trusov Vladimir Ivanovich", address: Almaty, Zheltoksan Ave., 115;
- Individual Entrepreneur (IE) "Gordiyuk Alexander Mikhailovich", address: Almaty, Shevchenko St., 127;
- Individual Entrepreneur (IE) "Tsoy Dmitry Lavrentievich", address: Almaty, Aksay-1A microdistrict, building 11/2;
- "B-4" LLP, address: Almaty, Aksay-1A microdistrict, building 11/2.
Companies established in accordance with the legislation of the Republic of Kazakhstan and carrying out entrepreneurial activities for the sale of Goods, including by means of distance selling.
Full details of each Seller (BIN/IIN, addresses, bank accounts) are posted on the Site and in the Mobile Application, and are also provided upon the Buyer's request.
"Buyer", "User" – any individual who has accepted this offer under the conditions specified below and provided their personal data to the Seller by registering on the Site and/or in the Mobile Application; this data may be used by the Seller to process the Buyer's Order.
"Site" – the Seller's official web page located at https://basilic.kz/kz.
"Mobile Application", "MA" – the Company's application for mobile devices through which ordering and receipt of services are carried out.
"Online Platform" – the Seller's official online service for the sale of Goods, hosted on the Site and in the Mobile Application.
"Goods" – the list of Seller's products presented on the Site and in the Mobile Application.
"Order" – a request formalized by the Buyer on the Online Platform for the purchase and delivery of Goods selected on the Online Platform, submitted to the Seller via the Internet (electronic form posted on the Site, Mobile Application), or formalized by the Buyer by phone at +7 (778) 344‑90‑00.
"Contact Center" – the Company's support service for order processing and support issues.
"Partner Delivery Service" – entities providing services for the delivery of the Goods ordered by the Buyer.
For the purposes of this offer, terms and definitions in the singular also apply to terms and definitions in the plural and vice versa.
The terms of this offer apply to the Site and the Mobile Application unless directly stated otherwise in this offer.
1. General Provisions
1.1. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to in the text of this offer as the "Civil Code of the RK"), this document is a public offer directed at individuals, and in case of acceptance of the conditions set out below, the individual undertakes to pay for the Goods under the conditions set out in this offer. In accordance with paragraph 3 of Article 396 of the Civil Code of the RK, the moment of final confirmation of the Order by the Buyer constitutes the acceptance of the Seller's offer, which is equivalent to concluding a retail sale and purchase agreement for the Goods (hereinafter referred to in the text of this offer as the "Agreement") on the terms established in this offer, on the Site, and in the Mobile Application.
1.2. The Seller and the Buyer guarantee that they possess the necessary and sufficient legal capacity and capability, as well as all rights and powers required to conclude and execute the Agreement. In accordance with Law No. 429-1 of the Republic of Kazakhstan dated July 16, 1999, "On State Regulation of Production and Turnover of Ethyl Alcohol and Alcoholic Products," the sale of alcoholic beverages to persons under 21 years of age is prohibited. To confirm that the Buyer has reached the age of 21 established by Law No. 429-I, the Seller has the right to request an identity document from the Buyer (ID card, passport, or other document containing a photograph and date of birth). If the Buyer fails to provide such a document, or if the document shows the Buyer is under 21 years of age, the Seller is obliged to refuse the sale of alcoholic products.
1.3. By ordering Goods via the Online Platform, the Buyer unconditionally accepts the terms of this offer and agrees to the terms of the Seller's privacy policy. The Order for Goods placed by the Buyer on the Site and in the Mobile Application constitutes confirmation of the Agreement concluded between the Seller and the Buyer.
1.4. The relations between the Buyer and the Seller are governed by the provisions of the Civil Code of the RK (including the regulation on retail sale and purchase (Chapter 25, § 2)), the Law of the RK "On Protection of Consumer Rights" No. 274-IV dated May 4, 2010, and other normative legal acts of the current legislation of the Republic of Kazakhstan (hereinafter referred to in the text of this offer as the "RK").
1.5. The Seller reserves the right to make changes to this offer at any time, in connection with which the Buyer undertakes to independently monitor the presence of changes in this offer posted on the Site and in the Mobile Application. The Seller is obliged to post a notification about the modification of this offer in the form of an informational message on the Site and in the Mobile Application no less than 24 (twenty-four) hours before they come into effect.
2. Subject of the Agreement
2.1. The Seller supplies and sells the Goods at the prices presented on the Site and in the Seller's Mobile Application, and the Buyer makes payment and accepts the Goods in accordance with the terms of this offer.
2.2. The right of ownership to the Goods transfers to the Buyer at the moment the Goods are accepted by the Buyer and full payment for the accepted Goods is made by the latter. The risk of accidental loss or damage to the Goods transfers to the Buyer from the moment the Goods are accepted by the Buyer.
3. Rights and Obligations of the Parties
3.1. The Seller undertakes:
3.1.1. to ensure the fulfillment of its obligations to the Buyer on the terms established in this offer and in accordance with the requirements of the current legislation of the RK from the moment this offer is accepted. The Seller reserves the right to refuse to fulfill its obligations in the event of force majeure circumstances in accordance with Section 9 of this offer;
3.1.2. to process and store the personal data provided to the Seller by the Buyer, to ensure their confidentiality, and not to provide access to this information to third parties, except in cases provided for by the current legislation of the RK. By accepting this offer, the Buyer confirms their consent and authorizes the processing by the Operator of their personal data, including: last name, first name, patronymic; delivery address; phone number. In this offer, processing of personal data is understood as: collection, systematization, accumulation, storage, clarification (updating, modification), use, blocking, and destruction of the aforementioned data.
3.1.2.1. The Seller has the right to transfer the Buyer's personal data to the Partner Delivery Service for the purpose of delivering the Goods ordered by the Buyer.
3.1.2.2. The Buyer expresses consent and authorizes the Seller and its services to process the Buyer's personal data using automated database management systems, as well as other software and hardware tools. Work with such systems is carried out according to the algorithm specified above in clause 3.1.2.
3.1.2.3. The Seller is entitled to use automated methods of personal data processing (checking and correcting postal codes against reference databases, checking the spelling of streets and localities, segmenting the database by criteria strictly related to processing purposes: delivery region, product category, order history) exclusively for the purpose of executing the Agreement and in accordance with the legislation of the RK. Other processing methods are applied only with the written consent of the Buyer or in cases expressly provided for by law.
3.1.2.4. The Seller ensures the confidentiality of the personal data provided by the Buyer and their protection against copying and distribution. At any time, the Buyer has the right to request a list of their personal data and/or demand the modification or deletion of their personal data by calling the Contact Center and providing their last name, first name, patronymic, and delivery address.
3.1.2.5. The Seller undertakes to prevent attempts of unauthorized access to the Buyer's personal data provided to the Seller; and to detect and suppress such attempts in a timely manner.
3.2. The Seller has the right:
at any time to modify the terms of this offer; the prices for Goods listed on the Online Platform; the terms of payment and delivery of Goods; the methods, terms, and territory of Goods delivery; as well as other conditions specified in this offer posted on the Site and in the Mobile Application.
3.3. The Buyer undertakes:
3.3.1. prior to placing an Order on the Site or in the Mobile Application – to familiarize themselves with the content and conditions established in this offer, as well as other conditions indicated on the Site and in the Mobile Application, including the prices of the Goods set on the Online Platform, the delivery area for the Goods, and the minimum order value;
3.3.2. to provide accurate personal data necessary for identifying the Buyer, sufficient for concluding a transaction with the Seller and delivering the ordered Goods to the Buyer;
3.3.3. to pay for the ordered Goods under the terms of this offer;
3.3.4. not to use the Goods ordered on the Online Platform for entrepreneurial purposes;
3.3.5. to comply with the conditions established in this offer, as well as other conditions specified on the Site and in the Mobile Application.
3.4. The Buyer has the right:
3.4.1. to use the Online Platform after registering a User account. Account data is unique and non-transferable. If the Buyer transfers their account data to a third party, the Buyer shall be fully responsible for the actions performed by such third parties, as well as for the damages caused to the Seller by such third parties;
3.4.2. to receive information (promotional messages, mailings) about ongoing promotions in the form of SMS messages via mobile cellular networks to the phone number specified during registration. The User has the opportunity to unsubscribe from the mailing at any time, as well as to resubscribe.
4. Registration on the Online Platform
4.1. To obtain the right to use the Online Platform, the Buyer undertakes to register a User account on the Site or in the Mobile Application.
4.2. Registration is considered complete after the User correctly enters the password received in an SMS message from the Operator.
4.3. By performing actions to register a User account on the Online Platform, the User accepts the terms of this offer in full and without any exceptions.
4.4. Registration of the Buyer allows avoiding unauthorized actions of third parties on behalf of the Buyer and opens access to additional services of the Online Platform for the latter. Transfer of the login and password to third parties is not permitted.
4.5. Ordering Goods is carried out by the Buyer on the Site or in the Mobile Application. The Order can only be placed by registered Buyers (Users).
4.6. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
5. Order Placement and Execution Terms
5.1. The Buyer's Order can be formalized by phone and/or by filling out an electronic Order form on the Site or in the Mobile Application.
5.1.1. When placing an Order by phone or via the electronic form on the Site or in the Mobile Application, the Buyer thereby confirms that they have read the terms of this offer and undertakes to provide the Seller with all the information necessary for proper placement and execution of the Order.
5.1.2. When placing an Order via the Site or the Mobile Application, the Buyer fills out the electronic Order form and sends the generated Order to the Seller by confirming it in electronic form.
5.2. If the Seller does not have the required quantity or assortment of Goods ordered by the Buyer, the Seller notifies the Buyer of this by phone within 30 minutes after receiving the Order. The Buyer has the right to agree to accept the Goods in a different quantity or assortment, or to cancel their Order. If no response is received from the Buyer, the Seller has the right to cancel the Buyer's Order in full.
5.3. The Buyer has no right to change the contents of the Order after payment.
5.4. If the Buyer has any additional questions regarding the properties and characteristics of the Goods before placing the Order, the Buyer must contact the Seller for necessary information at the Contact Center phone number +7 (778) 344‑90‑00 in accordance with the operating hours indicated on the Site and in the Mobile Application.
5.5. It is IMPOSSIBLE to cancel a paid Order.
5.6. In the event of order cancellation as provided in clause 5.2, a partial refund of funds is carried out within 14 (fourteen) calendar days from the moment the Seller confirms the cancellation. The cost of delivery services and their receipt are determined by the rules of the Partner Delivery Service.
6. Delivery of Goods
6.1. If the Goods are not handed over to the Buyer due to the latter's fault (e.g., absence at the address specified in the request, mobile phone is turned off), the Buyer refuses to accept the Goods they ordered, or in case of a fake Order for Goods, the funds shall not be returned to the Buyer.
6.2. Delivery of the Goods is carried out by the Partner Delivery Services to the exact address specified by the Buyer when placing the Order on the Site or in the Mobile Application.
6.2.1. Delivery of Goods to addresses that are not included in the delivery zone of the Partner Service is not carried out.
6.2.2. The estimated delivery time for the Order ranges from 30 to 90 minutes and includes the time to prepare the product. The delivery time may be extended depending on the workload of the Partner Delivery Services, road conditions, weather conditions, and other circumstances beyond the Seller's control.
6.3. The Seller is not responsible for temporary malfunctions and interruptions in the operation of the Site and the Mobile Application, nor for delivery delays caused by force majeure circumstances or the actions of third parties (traffic jams, accidents, etc.), provided that reasonable measures have been taken to meet the deadlines.
7. Payment for Goods
7.1. The prices for Goods are determined unilaterally by the Seller and are indicated on the Site and in the Mobile Application in the tenge of the Republic of Kazakhstan. The prices for Goods can be changed by the Seller at any time unilaterally. At the same time, the price for a Good already ordered by the Buyer is not subject to change.
7.2. The Buyer can only order Goods that are in stock with the Seller at the time of placing the Order.
7.3. The Buyer pays for the Goods in tenge via cashless transfer by transferring funds to the Seller's settlement account. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the relevant funds are debited from their personal account.
8. Return and Exchange of Goods, Refund of Funds
8.1. The Seller is obliged to transfer to the Buyer a Good that fully complies with their Order, the quality of which matches the information presented to the Buyer on the Site or in the MA.
8.2. Upon receiving the Goods, the Buyer checks their compliance with the Order, completeness, and appearance. In case of receiving Goods of inadequate quality, incomplete Goods, or Goods that do not match the Order, the Buyer has the right to demand replacement of such Goods or a refund of the paid funds via the Seller's Contact Center within a reasonable time, but no later than 2 (two) hours from the moment of receiving the Goods, and in the case of detecting hidden defects – within the expiration date of the product, but not exceeding the period established in Section 11 of this offer. When canceling an Order due to inadequate quality, the Buyer is obliged to return the received Good to the Seller. The refund is processed after confirmation of the fact of transferring an inadequate quality Good and returning the Good to the Seller.
In case of payment by a bank card, the funds are refunded to this card within 14 (fourteen) days from the moment the Buyer's claim is satisfied.
The decision on refunding funds is made by the Seller considering the requirements of the RK legislation and all circumstances of the case. This clause does not exempt the Seller from liability for product defects that arose prior to its transfer to the User, including food poisoning, hidden defects, and violation of sanitary norms.
8.3. If the conditions of clause 8.2 of this offer are not met, the Buyer's claims regarding the appearance of the Goods and their completeness are not accepted.
9. Force Majeure
Any of the Parties is exempt from liability for total or partial failure to fulfill their obligations under this offer if this failure was caused by force majeure circumstances (force majeure). Force majeure circumstances mean extraordinary events and circumstances that the Parties could neither foresee nor prevent by reasonable means (strikes, floods, fires, earthquakes, wars, etc.).
10. Liability of the Parties
10.1. For non-fulfillment or improper fulfillment of the terms of this offer, the Parties shall be held liable in accordance with the legislation of the RK.
10.2. All textual information and graphic images posted on the Site and in the Mobile Application have a legal copyright holder. Illegal use of the specified information and images is prosecuted in accordance with the current legislation of the RK.
10.3. The Seller is not responsible for damage caused to the Buyer as a result of improper use by the Buyer of the Goods purchased on the Online Platform.
10.4. The Seller is not responsible for the Buyer's losses caused by improper filling of the Order, including incorrect indication of personal data.
10.5. The Buyer bears full responsibility for the accuracy of the information and personal data provided by them during registration on the Online Platform.
10.6. The User guarantees not to use the Online Platform for purposes other than those indicated in this offer.
10.7. If the User violates their obligations under the terms of this offer, the Seller has the right to block the Buyer's access to the use of the Online Platform by blocking the Buyer's login (subscriber phone number).
10.8. The Seller has the right to refuse to place or execute an Order, as well as to restrict the Buyer's access to the Online Platform if signs of abuse of the service, systematic unjustified refusals of Orders, provision of inaccurate data, or violations of the terms of this offer are detected.
10.9. The Seller is not responsible for any changes in taste, quality, and other properties of the product (souring, drying out, loss of appearance, thawing, etc.) that occurred after placing the Order, if such changes were caused by:
- the User's violation of the recommended temperature regime and shelf life;
- untimely consumption of the product (after 3 hours from the moment of preparation) without placing it in a refrigerator;
- misuse of the product for unintended purposes.
Food may be reheated only 1 (one) time.
If the User fails to comply with storage conditions and consumption periods, the product is considered to be used at their own risk, and their right to demand a refund or replacement does not arise.
11. Product Information, Allergens, Appearance
11.1. The Seller guarantees the proper quality of the product within 3 (Three) hours from the moment it is handed over to the User, provided that the storage temperature regime is not violated (at room temperature – no more than 1 hour, the rest of the time – in a refrigerator at a temperature of +2...+6°C).
After 3 (three) hours from the moment of Order acceptance, as well as in the event of the User violating storage conditions, the product is considered to be used at their own risk, and the Seller is not responsible for any changes in its properties.
Claims regarding the quality of the product submitted after 3 (three) hours from the moment of its preparation are accepted by the Seller for consideration only if the User has documents or objective evidence (photos of the dish, receipt).
11.2. The product may contain allergens (nuts, dairy products, gluten, eggs, soy, fish, seafood, celery, mustard, sesame, peanuts, latex). Before placing an Order, the Buyer is obliged to familiarize themselves with the full list of ingredients. If the Buyer did not inform the Seller of an allergy before placing the Order, the Seller is not responsible for allergic reactions.
11.3. The images of the Goods on the Site and in the Mobile Application may differ slightly from the actual appearance of the product (color, shape, decor). The main characteristics (composition, weight, nutritional value) are indicated in the description of each Good. In case of a significant difference, the Buyer has the right to file a claim.
12. Final Provisions (Legal Force of Notifications)
12.1. This offer comes into force from the moment the Buyer performs actions aimed at registering an account (login) in the Online Store.
12.2. All disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement shall be resolved by the Parties through negotiations.
12.3. If an agreement is not reached during negotiations, the disputes shall be resolved in a judicial proceeding in accordance with the current legislation of the RK.
12.4. The Parties recognize the legal force of notifications and messages sent via SMS, push notifications, email, messages in the Mobile Application, as well as using messengers (WhatsApp, Telegram, etc.) to the phone number specified by the Buyer during registration. Such notifications, unless otherwise provided by law, are considered received by the addressee at the moment they are sent.