Public contract (offer) for the purchase and sale of a mobile cash terminal

1. General provisions

1.1. By placing the following general offer (offer) (hereinafter referred to as the “Offer”) on the purchase and sale of a mobile cash register, as well as the information provided on the website smartone.az (hereinafter referred to as the “website”, “website”, “page”) guided by Articles 408 and 409 of the Civil Code of the Republic of Azerbaijan, the Limited Liability Company ” AZSMART “(hereinafter referred to as – “Seller”), with TIN 9900003611, submits an Offer for the purchase and sale of mobile cash registers with changes posted on the website within the terms of the Offer provided to any legal entity or individual

1.2. This Offer sets out the rules for the use of the materials and services of the site by all persons visiting the site via the Internet. The terms of the Offer are determined by the provisions of the website and include the following information: The Product, the time and place of delivery, the Price of the Product, as well as other conditions necessary for concluding contracts.

1.3. A person who visits the website and orders Goods from the website in accordance with the procedure established by this Offer (hereinafter referred to as the “Buyer”) accepts the terms of the Offer completely and unconditionally. Acceptance of the terms of the Offer by the Buyer (hereinafter – the “Acceptance”) means the conclusion of a public agreement between the Seller and the Buyer (hereinafter – the “Parties”, separately – the “Party”) for the sale of mobile cash terminals (hereinafter-the “Agreement”).

1.4. This Offer contains all the main terms of the Agreement. The Buyer confirms that he has fully read and agreed to all the terms of the Offer. After reviewing the terms of the Offer and its acceptance by the Buyer, all the main terms of the Contract are considered agreed between the Parties. The buyer then acts as the person who enters into a contract with the Seller.

1.5. The Buyer gives the Seller full and unconditional consent to the conclusion of the Contract. The contract concluded by the Buyer by accepting this Offer has legal force in accordance with Article 409 of the Civil Code of the Republic of Azerbaijan and is equivalent to a contract concluded in writing. The written text of the contract on paper can be provided at the request of the Buyer.

1.6. According to Articles 408 and 409 of the Civil Code of the Republic of Azerbaijan, the Contract has legal force, and the party that must accept the Offer cannot offer the terms of its contract.

1.7. The agreement between the Parties comes into force from the moment the order is received on the Seller’s page or after the Seller’s operator receives an oral order and after the Seller confirms that the order has been accepted for execution.

1.8. The Seller and the Buyer may withdraw from the terms of the Agreement only in the cases and in the manner directly provided for by the legislation of Azerbaijan and this Agreement.

1.9. From the moment of conclusion of the contract, the Buyer cannot refer to a lack of understanding of the terms of the Offer.

1.10. The offer may be withdrawn by the Seller by making appropriate changes on the website or by verbally notifying the Buyer before accepting the order or during the acceptance of the order.

1.11. The Seller has the right to independently change the terms of the Offer on the Website at any time. At the same time, the amended terms of the Offer come into force from the moment information about them is posted on the site and remain in force until they are removed from the site.

1.12. Changing individual terms of the Offer means changing the Offer as a whole. A Buyer who has not accepted the Offer before the Seller changes it, does not have the right to require him to conclude a Contract on the terms preceding the terms of the current Offer.

1.13. If the Buyer temporarily or permanently loses the ability to independently conclude and execute the Contract, the Seller has the right to refuse to conclude the Contract with the Buyer. Information about the refusal is transmitted to the Buyer by refusing to confirm his order verbally on the website or through the Seller’s operator (consultant).

1.14. The Website may be temporarily unavailable due to maintenance or technical work.

1.15. Unless expressly agreed otherwise, the definitions used in this Agreement should be interpreted as follows:

1.15.1. “Goods” – SmarTone mobile cash register, an innovative electronic calculator with special devices and software, including a software registrar of settlement operations, which allows conducting cash transactions, scanning barcodes and QR codes, performing the functions of the bank’s POS terminal, creating fiscal documents, sending them online to the fiscal server, printing fiscal documents on paper and creating electronic receipts, creating catalogs of goods and services, receiving reports and analytical information.

1.15.2 “Order” – an electronic application prepared by the Buyer for receiving a certain type of goods from the list of goods or an oral application for receiving certain types of goods from the list of goods through the Seller’s operator (consultant). The application contains information about the Buyer (personal data, delivery address, other notes that allow identifying the Buyer), the selected Product, its total cost.

1.15.3. “Operator (consultant)” – the representative of the Seller who accepts Orders and calculates the final cost of the Order.

1.15.4. “Service Center”, “CSO” – accredited business entities engaged by the Seller to provide service services for goods.

1.15.5. “Delivery” means direct delivery of the Goods or sending the Goods by mail from the Seller to the Buyer by representatives of the Seller or an independent contractor serving the Seller under a separate contract.

1.15.6. “Place of delivery of the Goods” means the Seller’s place where the Goods are transferred to the Buyer on the terms of pickup.

1.15.7. “Place of delivery of the goods” means any point inside or outside the locality other than the location of the seller, agreed by the Parties on the delivery of the Goods to the Buyer, and where the Seller undertakes to deliver the Goods.

2. Subject of the contract

2.1.nThe Seller undertakes to transfer the Goods specified in the Buyer’s order, the list of which is approved by the Seller, to the Buyer’s property, and the Buyer undertakes to pay and accept their cost in accordance with the conditions provided for in this Agreement.

2.2. When placing an order, the Buyer chooses the Product that he wants to buy at his own discretion and determines the quantity. The Seller does not influence the Buyer’s choice.

2.3. This Agreement applies to all Products placed on the Website at the time of placing the Order by the Buyer.

3. The order of registration and execution of the order.

3.1. All orders are processed by submitting an electronic application through the website www.smartone.az or an oral application through the Seller’s operator (consultant). To be able to place an order, the Buyer must register his personal account on the specified site.

3.2. Regardless of the method of registration (orally by phone or electronically on the website) The buyer confirms the following:

– The Buyer is familiar with the terms of the offer (offer) for the conclusion of the Contract and accepts them completely and unconditionally;

– The buyer is familiar with and agrees with the assortment and cost of the Goods, the terms of payment and delivery, and other terms of purchase specified on the website;

– All information provided by the Buyer (list of goods, personal data, delivery address, phone number, etc.) provided by the Buyer when placing an order is up-to-date and complete;

– When placing an order, the buyer provides all the necessary order details that he wanted to provide, in connection with the assortment, quantity of goods, etc.

3.3. The Seller has the right to refuse to fulfill and accept the Buyer’s order if he has previously placed at least one order, the purchase of which he unreasonably refused. An unjustified refusal to accept an order means the following:

– The Buyer does not receive the order within the agreed delivery time of the ordered Goods;

– The Buyer’s inability to respond to the Seller’s attempts to contact the Buyer (a courier’s phone call, SMS message, etc.) to indicate that the goods have been delivered and are ready to be sent to the Buyer;

– Unjustified refusal of the Buyer to transfer the Goods;

– Providing incorrect information for the delivery of the ordered Goods.

In this case, the Recipient is identified by the phone number or email address.

3.4. The Buyer is obliged to inspect the delivered Goods, check the quantity, assortment, completeness and quality, and in case of inaccuracies or shortcomings, immediately personally inform the Seller or the representative of the Seller who delivered the Goods to the Buyer via the Buyer’s personal account, mail. In addition, when the Buyer discovers that the Product is incomplete, he must indicate this in the accompanying documents. In the absence of such an indication, the Parties accept the delivery in full.

3.5. The right of ownership of the Goods, as well as the risk of accidental damage or loss, passes to the Buyer from the moment of transfer of the Goods to him. The Buyer unconditionally agrees and accepts that the information created by the Seller’s software about the delivery of the Goods by the Buyer is sufficient and legal confirmation of the fact of the delivery of the Goods by the Seller.

3.6. To purchase the Goods from the Seller, the Buyer must open a current account with the selected bank on the website www.smartone.az and conclude an acquiring agreement.

3.7. Upon receipt of information from the Buyer’s bank about the conclusion of an agreement for the provision of acquiring services with the Buyer, the Seller undertakes to arrange delivery of the Goods within 30 (thirty) working days from the date of receipt of this information from the Buyer’s bank.

3.8. If the Bank refuses to conclude an agreement for the provision of acquiring services with the Buyer (the bank selected by the Buyer on the website www.smartone.az), the Buyer has the opportunity to open a current account with another bank specified on the website www.smartone.az and enter into an acquiring agreement or receive back the amount paid for the Goods.

3.9. The product is delivered with a pre-installed copy of the Software, the copyright owner of which is the Buyer, including the software registrar of settlement operations. In this case, the Buyer is granted the exclusive right to use the specified software.

3.10. The software is provided to the Buyer in accordance with the generally accepted international practice principle “as is”, that is, the Seller is not responsible for problems that arise during the operation of the software (including problems with non-compliance of the results of the use of the Buyer’s Expectations).

3.11. The quality of the delivered goods corresponds to the standards and technical conditions of the manufacturer in force in the Republic of Azerbaijan. The requirements for the safety of goods comply with the current technical regulations of the Republic of Azerbaijan. The product meets all the necessary requirements for goods operating on the territory of the Republic of Azerbaijan.

3.12. The warranty period and warranty conditions of the goods, the terms of service are indicated on the website www.smartone.az and can only be carried out by authorized CSOs specified on this site.

3.13. In case of warranty repair, delivery and return of the Goods, replacement of the Goods or its parts and / or service is carried out at the expense of the Buyer.

4. Order price and payment procedure

4.1. The cost of the goods is determined in the national currency of the Republic of Azerbaijan and is indicated in the price list published on the Seller’s website www.smartone.az The Seller reserves the right to change the price of the Goods before placing an order without notifying the Buyer.

4.2. The total cost of the order consists of the cost of all the Goods specified in the order approved by the Buyer, which is current at the time of placing the order, as well as the cost of courier or postal delivery.

4.3. Payment for the order is made by the method chosen by the Buyer from the payment methods offered when placing the order.

4.4. Payment for the ordered Goods is made by the Buyer on the terms of 100% prepayment by bank transfer by transferring funds to the Seller’s current account.

4.5. Until the Seller delivers the Goods by courier to the delivery address specified by the Buyer (if courier delivery is chosen as the delivery method), until the Buyer requires that the Goods be delivered to the delivery place (if the Buyer chooses pickup). goods from the place of delivery) has the right to suspend the execution of the order and / or unilaterally cancel the order in case of non-fulfillment or improper fulfillment by the Buyer of the obligation to pay for the corresponding order. In this case, the Seller is not responsible for such decisions (actions).

4.6. The cost and range of goods on the Website may be changed by the Seller at its sole discretion at any time without notifying the Buyer. In this case, the cost of the Goods indicated on the website at the time of execution of a specific order is relevant and reliable for the execution of this order.

4.7. The final cost of the order is the cost created by the Seller’s software at the time of placing the electronic application and approved by the operator (consultant) or specified by the operator (consultant) during the oral order.

4.8. In case of establishing special conditions for holding promotions, etc. due to the assortment, the cost of the goods, other conditions of the order, etc., such actions will not be considered a violation of the requirements of the Law of the Republic of Azerbaijan “On Consumer Rights Protection” on creating equal conditions for all consumers.

4.9. During the sale of the Goods from the warehouse, the Buyer has the opportunity to purchase the Goods on the following conditions:

4.9.1. Place an order for the selected Product and immediately fix the price specified in the order;

4.9.2. Pay [the corresponding amount] for one unit of Goods and receive as a gift a software registrar of settlement operations for installation on the Buyer’s electronic device (smartphone, tablet, laptop, etc.) with free installation by the Seller before delivery of the Goods;

4.9.3. Receive the ordered Goods at a fixed price of the Goods, paying the remaining amount no later than the moment of receipt of the Goods;

4.9.4. In case of refusal to purchase the Goods during the sale, the Buyer has the right to continue using the software registrar of settlement operations installed on his electronic device, the amount paid for the goods is retained on the payment account for the subsequent maintenance of such a software registrar of settlement operations.

4.9.5. The period of sale of Goods from the warehouse and the time of their delivery to the Buyer in the case of an order are specified in the descriptions of the Goods in which the sale is carried out from the warehouse.

4.10. During the holiday sale of goods, other clauses of this Agreement are applied in accordance with Article 4.9 of this Agreement.

4.11. If the previous delivery was not carried out due to the Buyer’s fault, including incorrect indication of the place of delivery, the buyer’s name, etc., the Seller reserves the right to demand an additional payment from the Buyer for the return of the Goods.

5. Rights and obligations of the parties.

5.1. The Seller undertakes to:

– sell the Goods provided for by the terms of this Agreement;

– provide the buyer with the opportunity to order and pay for the goods;

– give advice on using the site and placing an order;

– Timely and complete execution of the buyer’s order.

5.2. The Seller has the right to:

– refuse to sell and / or deliver the ordered Goods in connection with the Buyer’s failure to fulfill its obligations under this Agreement;

– unilaterally amend this Agreement;

– make changes to the information posted on the site, unilaterally and at its own discretion;

– involve third parties to fulfill their obligations to the buyer;

– Change the terms and / or terms of delivery of the Goods to the Buyer, provided that the Buyer is notified by the phone number specified by the Buyer when placing the order.

– Other rights provided for by this Agreement and the legislation of the Republic of Azerbaijan.

5.3. The Buyer undertakes:

– before placing an order, read the contents of this Agreement, the terms of payment and delivery posted on the website;

– comply with the terms of this Agreement;

– accept high-quality goods according to the buyer’s request;

– pay the cost of the Goods on the terms specified in this Agreement;

– provide the Seller with reliable information when placing an order;

– be on time to the place of delivery agreed upon by the Parties when placing the order;

– To carry out warranty repairs and / or service of the goods only in an authorized CSO.

5.4. The Buyer has the right to:

– require the Seller to sell the Goods in accordance with the procedure drawn up in accordance with the terms of this Agreement;

– check the quantity and name of the ordered Product upon delivery.

5.5. The Seller’s obligations under the Contract are considered fulfilled from the moment the Seller transfers the Goods to the Buyer.

6. Privacy and data protection

6.1. Personal information and other information provided by the Buyer to the Seller is confidential. The Seller uses the information about the Buyer to fulfill the Buyer’s orders in accordance with this Agreement and the Policy of processing and Protecting personal data posted on the website www.smartone.az, unless otherwise provided for in this Agreement.

When concluding an acquiring agreement with any bank, the Seller has the right to transfer to the Buyer information about transactions involving the use of Goods for the bank providing acquiring services. In this case, additional consent of the Buyer is not required to perform these actions.

6.2. Except for the cases stipulated by the current legislation of the Republic of Azerbaijan, the Seller provides access to the information provided by the Buyer only to persons directly involved in the execution and execution of the Buyer’s order.

6.3. By filling out the electronic order form on the website, as well as any other information on the website, the Buyer agrees to the collection and processing of personal data by the Seller for the following purposes:

– identification of the Buyer;

– creation of statistical databases on the customer’s orders and preferences;

– receiving and processing Customer orders;

– actual execution of the Buyer’s orders;

– acceptance and refund of Buyer’s payments;

– sending the Buyer information about goods and services, promotions, lotteries, individual offers;

– settlement of disputes;

– other goals that the Parties consider appropriate or achievable in accordance with the norms of the legislation of the Republic of Azerbaijan.

6.4. The Buyer takes all necessary measures with his personal data to fulfill this Agreement, including personal data.

Gives the Seller consent to the placement of information in the Seller’s databases (without additional notification to the Buyer), the storage of information (including permanent), their collection, updating, modification (if necessary).

6.5. The Seller undertakes to protect the data from unauthorized access by third parties, not to transfer or transfer the information to third parties (transfer of data to third parties authorized by the Seller to directly process the data for the specified purposes or participate in the execution of the order, except for the mandatory request of the authorized state body).

6.6. In order to fulfill this Agreement and other agreements with the Buyer, the Seller undertakes to correspond with the Buyer to obtain personal information (sending and receiving letters, emails, SMS messages), phone calls, as well as calls through audio and video applications, determines the Buyer’s location, has the right to use it for direct communication with the Buyer through the Seller’s representatives.

6.7. The Buyer undertakes to record and maintain correspondence with the Seller, phone calls, audio and video communications. The Seller maintains and uses them to analyze and improve customer service procedures, create statistical databases and resolve disputes. They may be transferred to third parties only for the purposes, in cases and in accordance with the procedure provided for by the legislation of the Republic of Azerbaijan, as well as this Agreement. The Seller has the right not to store the above information, and the Buyer has no right to demand the provision of such information to him or to indicate the absence of such information as the reason for any action or omission.

6.8. The Seller may transfer the information specified in the clause to third parties involved by the Seller in the implementation of this Agreement, Article 6.1 of this Agreement.

6.9. The Buyer agrees to the Seller’s use of Cookie technology. If the Buyer refuses to use the Cookie technology, the Seller is not responsible for the malfunction of the site and related applications.

6.10. The Seller is not responsible for the content and accuracy of the information provided by the Buyer, including registration on the website, placing an order, posting notes and User messages (opinions, complaints, other messages) on the website.

6.11. The Buyer understands that the information provided by him incorrectly may lead to the Seller improperly fulfilling the terms of this Agreement and other agreements concluded between the Seller and the Buyer, for which the Buyer is responsible.

6.12. The Buyer, in turn, undertakes to maintain the confidentiality of all information received from the Seller during the execution of this Agreement and other agreements concluded between the Seller and the Buyer.

7. Liability of the Parties

7.1. The Seller is responsible for the information about the Goods posted on the Website.

7.2. The Buyer is responsible for the information posted on the website (comments, opinions, reviews, complaints, etc.) by the Buyer.

7.3. The Seller reserves the right to remove information about any person from the site without explaining the reasons, if he believes that such information should not be posted on the site. It is excluded that such information is required for posting on the website in accordance with the current legislation of the Republic of Azerbaijan.

7.4. The Seller is not responsible for grammatical and syntactic errors, typos and inaccuracies in the materials on the Website. The seller makes every effort to ensure the accuracy and reliability of the information provided on the website.

7.5. All information and materials provided on the Website or provided for by the current legislation of the Republic of Azerbaijan and by agreement of the Parties are provided on an “as is” basis, without express or implied warranties.

7.6. The Seller is not responsible for any illegal actions of the Buyer against third parties or third parties in relation to the Buyer, if such actions in any way affect the Website, the Seller’s Goods or their participation.

7.7. The Seller is not responsible for any damage, losses or expenses (real or possible) that have arisen in connection with this website, its use or the inability to use it.

7.8. The procedure for securing the Buyer’s claims in connection with the non-compliance of the goods with the requirements established in the Republic of Azerbaijan is determined by the Seller’s warranty obligations and the current legislation of the Republic of Azerbaijan. In all cases, the Seller’s general liability under the Contract is limited to compensation for losses directly proved by the Buyer in court. In no case can this amount exceed the amount equal to the value of the Goods paid.

7.9. The Seller is not responsible for the loss of access to the Buyer’s account (loss of login, password and other information), as well as for the use of the Buyer’s account by third parties, including third parties with limited working capacity.

7.10. The Seller reserves the right not to accept and / or delete the information contained on the Site and posted on the Site, to take technical and legal measures to block the Buyer’s access to the Site by blocking and / or restricting the correct operation of the Site by his actions or violating the requirements of this Agreement.

7.11. The Seller is not responsible:

– for delays or deficiencies caused by force majeure when placing an order or other operations, as well as for any malfunctions in telecommunications, computer, electrical and other related systems;

– for delays in the operation of transfer systems, banks, payment systems and their work;

– if the Buyer does not have the necessary technical means to use the site, the Seller is not responsible for the proper functioning of the site, as well as the obligation to provide the Buyer with these means;

– due to improper use of the Product by the Buyer.

7.12. The Buyer is responsible for the accuracy of the information contained in the electronic order form and / or transmitted to the operator (consultant) during the oral order.

8. Exclusive rights

8.1. For all the opportunities available for the provision of services on the site smartone.az , including design elements, text, graphics, illustrations, videos, electronic calculator, programs, databases, music, sounds and other objects (hereinafter referred to as the “service content”), as well as any content posted on the specified site, the Seller’s intellectual property rights apply.

8.2. The use of the content, as well as any other elements of the service, is possible only within the framework of the functionality offered by this or that service. No elements of the content of the service, as well as any content posted on the Services, may be used without the prior consent of the Seller. Use means reproduction, copying, processing, distribution on any basis, framed illustration, etc., except in cases provided for by the legislation of Azerbaijan.

9. Force majeure circumstances

9.1. If the Seller’s partial or complete failure to fulfill its obligations under this Agreement is caused by force majeure, it is released from liability for such failure to fulfill its obligations.

9.2. Force majeure means emergency situations and unavoidable circumstances, the occurrence and presence of which are not under the Seller’s control and which objectively make it impossible to fulfill obligations under the terms of this Agreement.

9.3. Force majeure includes: war, threat of war, threat of armed conflict or a serious threat of such confrontation, military actions, terrorist acts, provocation, mass panic, revolution, coup d’etat, fire, explosion, quarantine, epidemic, prolonged interruptions in transport activities regulated by relevant decisions and acts of state bodies, embargoes, blockades, export / import ban (restriction), etc., decisions of competent authorities, changes in national legislation, malfunction of technical systems.

10. The procedure for resolving disputes.

10.1. All disputes arising under this Agreement or in connection with its execution are resolved through negotiations between the Buyer and the Seller.

10.2. If the Buyer and the Seller cannot come to an agreement on disputed issues through negotiations, these issues are subject to resolution in accordance with the current legislation of the Republic of Azerbaijan.

11. Other conditions

11.1. The Seller has the right to entrust or otherwise transfer the rights and obligations arising from his relationship with the Buyer to third parties.

11.2. The Buyer and the Seller are guided by the current legislation of the Republic of Azerbaijan in all matters not regulated by the terms of this Agreement.

11.3. All provisions of this Agreement that are not fully or partially understood by the Buyer are subject to discussion between the Parties. This discussion is based on a request sent by the Buyer to the Seller’s email address www.smartone.az.

11.4. In the above cases, the Buyer’s requests must be made before the site can be used to order Goods.

11.5. In the absence of requests from the Buyer, the actual use of the Site for ordering Goods means that the Buyer acknowledges that there are no misunderstandings regarding the provisions of this Agreement.

12. The term of the contract.

12.1. This Agreement is considered concluded after the Buyer completes the order and the Seller confirms the acceptance of the order for execution.

12.2. This Agreement remains in force until the Parties fully comply with all the terms of this Agreement.