This document is an official offer (Public Offer) (hereinafter referred to as the "Offer Agreement") from Individual Entrepreneur "Ptuxina Polina Sergeyevna," located at: 39 Shota Rustaveli Street, Tashkent (hereinafter referred to as the "Seller"), addressed to any natural person with legal capacity and the necessary authority to conclude a purchase and sale agreement with the Seller through electronic commerce by remote means – via the online store Kanishka, located at the domain name – website https://kanishka.uz/ (hereinafter referred to as "kanishka.uz"), owned by the Seller, hereinafter referred to as the "Buyer." This agreement contains all the essential conditions for the sale and purchase of the Seller’s Goods (hereinafter referred to as "Goods"). The full list and cost of the Goods are available on kanishka.uz at https://kanishka.uz/, which forms an integral part of this Offer Agreement..
In accordance with part 4 of Article 370 of the Civil Code of the Republic of Uzbekistan and paragraph 29 of the Rules for Conducting Electronic Commerce (Appendix No. 1 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 185 dated 02.06.2016), the act of placing an Order by a person who has received the offer, in accordance with the terms of this Offer Agreement, is considered an acceptance and is equivalent to concluding a contract.
The Offer Agreement is considered concluded from the moment the party that sent the offer receives acceptance from the other party unless otherwise provided by this Offer Agreement.
In view of the above, please carefully read the text of this Offer Agreement and familiarize yourself with the list and cost of the Goods. If you do not agree with any clause of the Offer Agreement, the Seller suggests that you refrain from purchasing Goods and making payments.
The Seller reserves the right to modify the Offer Agreement at any time without prior notice to the Buyer. The new edition of the Offer Agreement takes effect from the moment it is posted on kanishka.uz and is considered communicated to the Buyer from the moment of such publication unless expressly stated otherwise by the Seller. The Buyer is responsible for regularly reviewing the current version of the Offer Agreement.
The current version of this Offer Agreement is available at kanishka.uz: https://kanishka.uz/public-offer-agreement
Terms and Definitions
Buyer – a natural person (resident or non-resident of the Republic of Uzbekistan) who has accepted the terms of the Offer Agreement and intends to purchase Goods for personal use or other purposes not related to entrepreneurial activity.
Acceptance – the Buyer’s response indicating acceptance of the Offer Agreement, namely, the Buyer’s actions to fulfill the conditions specified in the Offer Agreement within the period established for Acceptance.
Courier – an individual and/or legal entity or business entity cooperating with the Seller in the process of delivering or supplying Goods to the Buyer.
Goods – the item(s) offered by the Seller for purchase on kanishka.uz by placing its/their graphic image(s), which the Buyer orders for purchase in accordance with the terms of this Offer Agreement.
Confidential Information – the Buyer’s personal data, including order history, delivery addresses, phone numbers, etc., in accordance with the terms of this Offer Agreement.
Order – a request placed by the Buyer on kanishka.uz for the purchase and delivery of Goods selected by the Buyer, submitted to the Seller via the Internet.
1. Subject of the Agreement
1.1. Under this Offer Agreement, the Buyer undertakes to place and complete an Order, pay for the cost of the Goods, and accept the delivered Goods, while the Seller undertakes to sell the Goods, accept payment, and deliver the selected Goods to the Buyer in accordance with the terms specified in this Offer Agreement.
1.2. The types, costs, and other necessary information about the Goods are specified in the Goods List, available at kanishka.uz at https://kanishka.uz/clothes, which forms an integral part of this Offer Agreement. (hereinafter referred to as the "List").
1.3. This Offer Agreement for specific Goods listed in the List remains in effect while the Goods are available on kanishka.uz.
1.4. The Goods for the purposes of this Offer Agreement are represented on kanishka.uz through graphic sample images that are the property of the Seller.
1.5. The Buyer is aware that due to different technical characteristics of monitors and screens, as well as individual settings, the actual color of the Goods may differ from what is displayed on kanishka.uz.
1.6. The sale and purchase of Goods are carried out via electronic commerce remotely through kanishka.uz.
1.7. To fulfill its obligations under this Offer Agreement, the Seller may engage third parties.
1.8. Placing and completing an Order / registering with the Seller on kanishka.uz constitutes Acceptance of this Offer Agreement and confirmation that the Buyer has placed an Order and is familiar with this Offer Agreement, as well as the following local acts of the Seller available at the following addresses: https://kanishka.uz/payment-and-delivery; https://kanishka.uz/return-and-exchange; https://kanishka.uz/privacy-policy; which are an integral part of this Offer Agreement:
– Payment and Delivery.
– Exchange and Return.
– Privacy Policy.
2. Rights and Obligations of the Parties
2.1. The Seller undertakes:
2.1.1. To fulfill all obligations to the Buyer in accordance with the terms of this Offer Agreement.
2.1.2. To maintain the confidentiality of the Buyer’s information as outlined in this Offer Agreement and the Privacy Policy.
2.1.3. To provide consultation to the Buyer on any additional queries regarding the purchase of Goods.
2.2. The Seller has the right to:
2.2.1. Unilaterally amend this Offer Agreement, pricing, payment methods, and delivery terms, with changes reflected on kanishka.uz.
2.2.2. Use Buyer information as permitted by the Privacy Policy.
2.3. The Buyer undertakes:
2.3.1. To familiarize themselves with the terms of this Offer Agreement before Acceptance.
2.3.2. To provide accurate and complete information necessary for the fulfillment of the Order.
2.3.3. To pay for the Goods in accordance with this Offer Agreement.
2.3.4. To use the purchased Goods exclusively for personal consumption or other purposes not related to entrepreneurial activities.
3. Price of Goods and Payment Procedure
3.1. The total cost of the Goods under this Offer Agreement is determined according to the price of the Goods selected by the Buyer from the Goods List available on kanishka.uz, depending on the type and quantity of the Goods.
3.2. The total cost of the Goods under this Offer Agreement is established and may be unilaterally changed by the Seller. An increase in the price of the Goods after payment has been made is not permitted.
3.3. The price of the Goods is indicated in the national currency of the Republic of Uzbekistan – Sum (UZS).
3.4. The Buyer pays for the Goods using one of the following payment methods:
3.4.1. Via applications or payment systems such as PayMe®, Click®.
3.4.2. In cash upon delivery of the Goods by Millennium Taxi Courier or via self-pickup.
3.4.3. By international bank transfer.
3.5. The payment procedure depends on the type of delivery and is carried out as follows:
3.5.1. In case of delivery by Courier, cash payment is made at the time of delivery and receipt of the Goods at the Buyer’s address in accordance with clause 3.5.2.
3.5.2. In case of delivery by Courier within the Republic of Uzbekistan, a 100% prepayment is required via the PayMe® and Click® payment systems or in cash upon receipt of the Goods, as provided in clause 3.5.2.
4. Delivery of Goods
4.1. The Goods are delivered by Courier within the territory of the Republic of Uzbekistan, as well as beyond its borders to Kazakhstan, Kyrgyzstan, and Tajikistan, under the terms of this Offer Agreement.
4.2. Delivery by Courier within Tashkent is carried out under the following conditions:
4.2.1. Tashkent – delivery is made within 24 hours within the city of Tashkent. The cost of delivery is indicated at the order confirmation stage.
4.3. Delivery by Courier within the Republic of Uzbekistan (excluding Tashkent) is carried out under the following conditions:
4.3.1. Tashkent region – delivery takes 1 to 2 days.
4.3.2. Other regions – delivery takes 2 to 3 days, depending on the region.
4.3.3. Delivery costs are borne by the Buyer, as specified in the "Payment and Delivery" section at https://kanishka.uz/payment-and-delivery.
4.3.4. For the purpose of delivery within the Republic of Uzbekistan (excluding Tashkent), working days are considered all days except Saturdays, Sundays, and public holidays.
4.3.5. The Buyer specifies the delivery address when placing the Order for the Goods.
4.3.6. The delivered Goods are handed over to the Buyer or, in their absence, to another person specified when placing the Order.
5. Order Processing
5.1. The Buyer independently selects and places an Order for the Goods on kanishka.uz by following these steps:
5.1.1. Completing the provided Order form.
5.1.2. Entering personal data (full name).
5.1.3. Providing the delivery address.
5.1.4. Entering contact phone numbers and an email address if necessary.
5.1.5. In the comments section, specifying the contact details of another person who will receive the Goods instead of the Buyer, if applicable.
5.1.6. Selecting the payment method.
5.2. The Seller has the right to clarify and, if necessary, amend the Order (including Buyer information) in agreement with the Buyer.
5.2.1. The information on product availability may not always be up to date. If the ordered product is unavailable in stock, the Seller has the right to offer the Buyer a similar product. The Buyer has the right to refuse the Order.
5.3. The Order is considered placed once the Buyer confirms the Order by clicking the "Place Order" button on kanishka.uz and receiving a confirmation message that the Order has been accepted for processing by the Seller.
5.4. If additional information is required to process the Order and deliver the Goods, the Seller has the right to request it from the Buyer.
5.5. If the Buyer fails to provide the necessary information or provides incorrect details in the Order form, the Seller is not responsible for non-delivery or delayed delivery of the Goods or any other consequences arising from the lack of or incorrect information.
5.6. The Seller is not responsible for the accuracy and completeness of the information provided by the Buyer when placing the Order.
5.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
6. Terms of Return and Exchange of Goods
6.1. The Buyer has the right to exchange purchased Goods of proper quality within 14 (fourteen) days from the date of receipt at the place of purchase or other locations designated by the Seller for an identical product of a different size, shape, design, color, or configuration, making the necessary price adjustment with the Seller if applicable.
6.2. If the required Goods for exchange are not available, the Buyer has the right to return the purchased Goods to the Seller and receive a refund.
6.3. The Buyer's request for an exchange or return of Goods will be honored if the Goods have not been used, their marketable condition and consumer properties are preserved, seals and labels are intact, and there is proof of purchase from the Seller, except for products listed in the "List of Non-Food Items of Proper Quality Not Subject to Return or Exchange for a Similar Product" (Appendix No. 1 to the Retail Trade Rules of the Republic of Uzbekistan, approved by Resolution No. 75 of the Cabinet of Ministers of the Republic of Uzbekistan dated 13.02.2003).
6.4. The return of Goods is carried out at the Seller's retail locations, in accordance with the "Exchange and Return Policy" available at https://kanishka.uz/return-and-exchange.
6.5. The procedure for returning Goods of proper quality is carried out as specified in clause 6.4 of this Offer Agreement.
6.6. Refunds for returned or exchanged Goods, or canceled paid Orders, are made to the Buyer's designated bank card within 5 (five) business days from the date the Goods were returned, provided that a written request is submitted by the Buyer. Detailed information on the return process is available in the "Exchange and Return Policy" at https://kanishka.uz/return-and-exchange.
7. Force Majeure
7.1. Each Party is released from liability for full or partial non-performance of its obligations under this Offer Agreement if such non-performance was caused by force majeure circumstances that arose after the conclusion of the Agreement.
7.2. For the purposes of this Offer Agreement, force majeure circumstances (force majeure) refer to extraordinary, unavoidable, and unforeseen circumstances under these conditions, caused by natural phenomena (earthquakes, landslides, hurricanes, droughts, etc.) or socio-economic circumstances (state of war, blockades, import and export bans imposed by government authorities, etc.), which do not depend on the will and actions of the parties, and due to which they cannot fulfill their obligations.
7.3. Changes in the legislation of the Republic of Uzbekistan that directly or indirectly affect either Party shall not be considered force majeure. However, if such changes prevent either Party from fulfilling any of its obligations under this Offer Agreement, the Parties must promptly decide on the procedure for addressing this issue to ensure continued execution of the Agreement.
7.4. Upon the occurrence and cessation of the force majeure circumstances specified in clause 7.2 of this Offer Agreement, the Party seeking exemption from liability shall immediately, but no later than 5 (five) days, notify the other Party of the occurrence of such circumstances. Failure to provide timely notification of force majeure deprives the Party of the right to be released from obligations under this Offer Agreement.
7.5. The Party unable to fulfill its obligations due to force majeure may apply to an authorized body or institution of the Republic of Uzbekistan for confirmation (Certificate) of force majeure circumstances.
7.6. When force majeure circumstances arise and cease, the deadline for the Parties to fulfill their obligations under this Offer Agreement is extended in proportion to the duration of the force majeure circumstances, as well as the time required to eliminate their consequences.
7.7. If force majeure circumstances continue for more than 3 (three) months, or if at the time of their occurrence it is evident to both Parties that they will last longer than this period, the Parties will discuss alternative ways to fulfill the Offer Agreement or terminate it without compensation for losses.
8. Liability of the Parties
8.1. The Parties bear liability for non-performance or improper performance of their obligations under this Offer Agreement in accordance with the current legislation of the Republic of Uzbekistan. The affected Party has the right to demand penalties and compensation for losses from the responsible Party under the applicable laws of the Republic of Uzbekistan.
8.2. If the Buyer unilaterally terminates this Offer Agreement for reasons not attributable to the Seller, the funds paid by the Buyer are non-refundable.
8.3. In the event of any disputes, the Parties must take all necessary measures to resolve them through negotiations. If disputes cannot be resolved amicably with the Buyer, who is a natural person, they shall be settled in court under the legislation of the Republic of Uzbekistan.
8.4. Governing Law: This Offer Agreement is governed by the current legislation of the Republic of Uzbekistan.
8.5. All textual information and graphic images posted on kanishka.uz are legally protected, and unauthorized use of this information and images is subject to prosecution under the current legislation of the Republic of Uzbekistan.
9. Term and Modification of the Offer Agreement
9.1. This Offer Agreement comes into effect upon the Buyer’s Acceptance and remains in force until both Parties fully fulfill their obligations.
9.2. This Offer Agreement may be terminated early:
By mutual agreement of the Parties.
In cases provided for in this Offer Agreement.
By the Buyer unilaterally; however, payments made by the Buyer are non-refundable.
By the Seller unilaterally in case of repeated (2 or more times) violations of the Buyer’s obligations under this Offer Agreement.
9.3. Payment of penalties (fines, late fees) and the application of other liability measures for violations of obligations do not release the responsible Party from fulfilling its obligations under this Offer Agreement.
9.4. By accepting this Offer, the Buyer consents to and authorizes the Seller to process Confidential Information, including their full name, date of birth, gender, home, work, and mobile phone numbers, email address, and to collect, systematize, store, update, modify, use, and analyze the above-mentioned data to improve service quality, conduct marketing programs, and carry out statistical research using various means of communication. Additionally, the Buyer agrees to receive information related to the Seller’s activities (greetings, invitations, etc.), which does not constitute misuse of the Buyer’s Confidential Information. At the same time, the Buyer has the right to unsubscribe from such notifications.
9.5. The Parties’ relations, not regulated by the provisions of this Offer Agreement, shall be interpreted and executed in accordance with the current legislation of the Republic of Uzbekistan.
9.6. If any provision of this Offer Agreement (or part thereof) is declared invalid, this does not affect the validity of the remaining provisions (or parts thereof), which shall remain fully in force and binding on the Parties.
9.7. Any reference to a clause in this document implies a reference to the corresponding clause of this Offer Agreement.
10. Details of the Parties
YATT Ptuxina Polina Sergeyevna
Address: 39 Shota Rustaveli Street, Tashkent
Bank Account: 2021 8000 8049 4868 8001
BIC: 00873
Bank: Asaka Bank, Tashkent Regional Branch
PIN: 4250 6890 1912 83
Buyer:
The Buyer provides their details when placing an order on the website. The Buyer is responsible for the accuracy and completeness of the provided information.