Public Offer

This document is an official proposal (public offer) in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan and is addressed to an indefinite number of persons.

The use of the website itakeli.kz, placing an order, and making a payment signify full and unconditional acceptance (acceptance) of the terms of this Public Offer (hereinafter — "Offer").

1. PERFORMER'S REQUISITES

Provision of services for the preparation of dishes and organization of their delivery is carried out by:

Individual Entrepreneur ZHUMALEEVA ALYONA VLADIMIROVNA
IIN/BIN: 841125450307
Registration address: Republic of Kazakhstan, Petropavlovsk, Mira Str., 282, apt/office 2
Restaurant address: Republic of Kazakhstan, Petropavlovsk, Pavla Vasilyeva Str., 61, 1st floor
Bank: JSC "Kaspi Bank"
BIK: CASPKZKA
A/c: KZ03722S000044882270
KBe: 19

Hereinafter — "Restaurant", "Performer".

2. TERMS AND DEFINITIONS

For the purposes of this Offer, the following terms are used:

• Website — the internet resource itakeli.kz, owned by the Performer and used for placing orders.
• User / Customer — any capable natural person who accepts the terms of this Offer, places an order through the Website and/or in any other way provided by the Restaurant.
• Order — the list of dishes and goods selected by the User, formed on the Website (and/or through other channels, if available) and transmitted to the Performer for preparation and/or delivery.
• Delivery — the process of transferring the Order to the User through a courier service.
• Courier Service — a delivery operator engaged by the Performer, including couriers of the Yandex Delivery (Yandex Go) service or other delivery services with which the Performer has concluded contracts.
• Offer — this document published on the Website.
• Acceptance — full and unconditional acceptance of the terms of the Offer by the User by placing and paying for an Order.

3. SUBJECT OF THE CONTRACT

This Offer defines the procedure for concluding and the terms of the contract for the provision of services for the preparation of dishes and organization of their delivery, concluded between the Performer and the User.

The Performer undertakes to, upon the User's Order: prepare the dishes and/or other goods selected by the User presented in the menu on the Website; organize the transfer of the Order to the User (pickup or delivery, if available); and the User undertakes to pay for the Order and accept it in accordance with the terms of this Offer.

The contract between the Performer and the User is considered concluded from the moment of the Offer acceptance by the User.

4. OFFER ACCEPTANCE

Acceptance of this Offer is recognized as any of the following actions of the User:

• placing an Order on the Website;
• confirming an Order placed through other communication channels (if available);
• paying for the Order by any of the provided methods.

By performing these actions, the User confirms that they:

• have read the text of this Offer;
• agree with all its terms without exceptions and limitations;
• have reached the age sufficient to conclude a contract in accordance with the legislation of the Republic of Kazakhstan and possess the necessary legal capacity.

5. ORDERING PROCEDURE

An Order is placed on the Website by selecting dishes and providing necessary data, including: name (recipient's name); phone number; delivery address (if delivery is selected); comment to the order (if necessary).

The User is responsible for the completeness and accuracy of the provided data. In case of incorrect indication of contact details and/or address, delivery may be impossible, and the Order may be recognized as duly fulfilled.

After placing an Order, the Restaurant has the right to clarify details by phone or through a messenger (if such option is available).

The Performer has the right to refuse to fulfill the Order in whole or in part in the following cases:

• it is impossible to contact the User at the specified phone number;
• an incorrect or incomplete delivery address is specified;
• necessary ingredients or dishes are absent;
• the Order was received outside the kitchen's working hours or outside the delivery zone;
• the User has previously violated the terms of this Offer.

6. DELIVERY

Delivery is carried out within the territory indicated on the Website (at the time of publication — within the city of Petropavlovsk).

At the time of Offer publication, delivery is carried out through the Yandex Couriers (Yandex Go) service. The Performer has the right to engage other courier services without making changes to this Offer, provided that current information is posted on the Website.

Delivery cost:

• is calculated by the delivery service and paid by the User separately, except in cases of promotions;
• for Orders from 15,000 ₸, delivery may be free in accordance with the information provided on the Website at the time of ordering.

To perform the delivery, the Performer transfers only necessary data to the courier service: recipient's name; address and additional landmarks; phone number; information about the composition of the Order.

The Performer is not responsible for delivery delays for reasons related to the work of the courier service, traffic jams, weather conditions, technical failures, and other circumstances beyond the Performer's control.

In case of the User's absence at the specified address, refusal to accept the Order without justified claims to quality, as well as if it is impossible to contact the User for a reasonable time (at least 10–15 minutes), the Order is considered duly fulfilled, and no refund for the cost of the Order and delivery is made.

7. DELIVERY OF ALCOHOLIC PRODUCTS

The Restaurant does not deliver alcoholic beverages in accordance with the requirements of the legislation of the Republic of Kazakhstan.

Dishes containing alcohol as an ingredient (sauces, desserts, etc.) may be delivered provided they do not fall under the restrictions established by legislation.

8. PRICE, PAYMENT AND CALCULATIONS

The current cost of dishes and goods is indicated on the Website. The Performer has the right to change prices unilaterally. At the same time, the price of an already placed and confirmed Order is not subject to change.

The total amount of the Order is formed on the Website taking into account selected dishes, goods, promotions, and discounts at the time of ordering.

Available payment methods:

• Kaspi Pay (remote payment);
• Halyk Pay (remote payment);
• other payment services, upon their connection (according to the information on the Website).

The Restaurant does not receive or process User's bank card data. Processing of payment data is carried out by payment services and banks in accordance with their rules and privacy policies.

The Order is put into work and transferred to the User only after full payment, unless otherwise explicitly stated on the Website.

9. QUALITY OF DISHES AND WARRANTIES

The Performer undertakes to prepare dishes in accordance with current technological cards, sanitary standards, and rules established by the legislation of the Republic of Kazakhstan.

The appearance and composition of dishes in reality may differ slightly from the images and descriptions on the Website, which is not a violation of the terms of this Offer, provided that basic consumer properties and composition are preserved.

Ready-made dishes are perishable products and must be consumed within reasonable timeframes from the moment of receiving the Order, complying with storage conditions indicated (if available) on the packaging or communicated by the Restaurant.

10. RIGHTS AND OBLIGATIONS OF THE PARTIES

10.1. The Performer undertakes to:

• prepare dishes in accordance with technological norms and sanitary requirements;
• ensure proper packaging of the Order, allowing to maintain its quality during delivery;
• provide current information on the Website about the composition of dishes, main allergens (if such information is available), and delivery conditions;
• organize Order delivery through a courier service or provide the possibility of pickup.

10.2. The Performer has the right to:

• refuse to fulfill the Order in case of the User's violation of the terms of this Offer;
• change the menu, composition of dishes, prices, and promotion terms without prior notice to the User;
• restrict or suspend access to the Website in case of technical works, failures, or force majeure circumstances.

10.3. The User undertakes to:

• provide accurate and current information when placing an Order;
• timely pay for the Order by the selected method;
• ensure the possibility of receiving delivery at the specified address and answer calls from the courier;
• comply with recommended storage and consumption conditions for dishes.

10.4. The User has the right to:

• receive information about the Order status;
• file a claim regarding the quality and completeness of the Order within the established timeframes;
• refuse further use of the Website, while already concluded and executed contracts remain in force.

11. PROCEDURE FOR CLAIMS, REFUNDS, AND REPLACEMENTS

The procedure and terms for filing claims, returning funds, and replacing dishes are determined by the document "Return Terms", posted on the website itakeli.kz.

The User is obliged to familiarize themselves with the Return Terms before placing an Order. Placing an Order signifies the User's agreement with the specified terms.

In the general case:

• ready-made dishes of proper quality are not subject to return and exchange;
• claims to quality and completeness are accepted within 1 (one) hour from the moment of receiving the Order;
• upon confirmation of defects, the Performer carries out a dish replacement and/or refund of funds in the manner specified in the Return Terms.

12. LIABILITY OF THE PARTIES

The parties are liable for non-performance or improper performance of obligations under this Offer in accordance with the legislation of the Republic of Kazakhstan.

12.2. The Performer is not liable for:

• delivery delays for reasons related to the work of the courier service, traffic situation, weather conditions, and other force majeure circumstances;
• incorrect data provided by the User when placing an Order;
• User's absence at the delivery address at the agreed time;
• deterioration of dish quality due to the User's violation of storage conditions and consumption timeframes.

12.3. The User is liable for the accuracy of provided data, as well as for consequences related to their inaccuracy or distortion.

12.4. In case of damage caused to one of the Parties, the other Party compensates for the damage within the limits provided by the legislation of the Republic of Kazakhstan.

13. PERSONAL DATA PROCESSING

The processing of the User's personal data is carried out by the Performer in accordance with the legislation of the Republic of Kazakhstan and the Privacy Policy posted on the website itakeli.kz.

Acceptance of this Offer and placing an Order signify the User's agreement with the terms of the Privacy Policy and provision of consent for personal data processing in the volume necessary for the performance of this Offer.

14. MODIFICATION AND TERMINATION OF THE CONTRACT

The Performer has the right to unilaterally make changes to the terms of this Offer. The current version of the Offer is posted on the website itakeli.kz.

Changes take effect from the moment of publication of the new version of the Offer on the Website, unless another period is additionally specified.

Placing an Order after changes are made signifies the User's agreement with the new version of the Offer.

The contract concluded as a result of Offer acceptance is considered fulfilled by the parties after the transfer of the Order to the User and expiration of the period for filing claims established by the Return Terms.

15. APPLICABLE LAW AND DISPUTE RESOLUTION

The law of the Republic of Kazakhstan applies to this Offer and relations between the Performer and the User.

The Parties strive to resolve all disputes and disagreements through negotiations and (or) sending claims to the Performer.

If no agreement is reached, the dispute is subject to consideration in court at the place of registration of the Performer in accordance with the legislation of the Republic of Kazakhstan.

16. CONTACT INFORMATION

Performer: Individual Entrepreneur ZHUMALEEVA ALYONA VLADIMIROVNA
📍Restaurant address: Republic of Kazakhstan, Petropavlovsk, Pavla Vasilyeva Str., 61, 1st floor📞Phone: +7 (707) 711-69-95🌐Website: itakeli.kz