PUBLIC OFFER
(Distance Retail Purchase and Sale Agreement)
Pitaya.kz Online Store
Publication Date: August 4, 2026. Edition No. 2
1. General Provisions
1.1. This document is a public offer from Individual Entrepreneur "SALTANAT TECHNIC SOLUTION" (hereinafter referred to as "Seller") in accordance with Articles 387 and 395 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as "Civil Code of RK") and contains all essential terms of a distance retail purchase and sale agreement for goods through the online store located on the website https://pitaya.kz (hereinafter referred to as "Website").
1.2. In accordance with paragraph 3 of Article 396 of the Civil Code of RK, the full and unconditional acceptance (акцепт) of the terms of this Offer is the Buyer's placement of an order on the Website and its payment. From the moment of payment, the agreement is considered concluded on the terms of this Offer.
1.3. By accepting the Offer, the Buyer confirms that they have read its terms, pre-order conditions, size chart, payment, delivery, and return procedures, and fully accepts them.
1.4. The Seller has the right to amend this Offer unilaterally. The new version comes into effect from the moment of its publication on the Website. Orders paid before the amendments come into force are subject to the version that was in effect at the time of payment.
1.5. The Offer comes into force from its publication date on the Website and is valid indefinitely – until it is revoked or replaced by a new version.
1.6. The Seller has the right to revoke the Offer at any time without prior notice. Revocation of the Offer does not terminate the Parties' obligations for Orders paid before the revocation.
2. Terms and Definitions
Goods — swimsuits and related products presented in the catalog on the Website.
Pre-order — an order for Goods that are not in stock at the time of order placement and are manufactured (supplied) after payment by the Buyer.
Goods in Stock — Goods available in the Seller's warehouse at the time of Order placement and ready for shipment. The sales format (pre-order or in stock) is indicated on the Goods' product page on the Website.
Gift Certificate — a document (in electronic or physical form) certifying the right of its holder to purchase Goods on the Website for the certificate's nominal value.
Buyer — an individual who has reached 18 years of age, or a legal entity that has accepted this Offer.
Order — a Buyer's application placed through the Website for the purchase of Goods, specifying the name, size, quantity, address, and delivery method.
Launch into Production — the moment an Order is sent for tailoring, of which the Seller notifies the Buyer by the method specified in clause 4.6.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Offer.
3.2. The name, description, composition, size range, and price of the Goods are indicated on the Website. The color of the Goods may differ slightly from the image on the Website due to screen color rendering peculiarities, which is not considered a defect of the Goods.
4. Pre-order and Goods in Stock
4.1. The primary sales format on the Website is pre-order: Goods are manufactured after the Order is placed and paid for. Some Goods may be offered in stock, which is indicated on the Goods' product page.
4.2. The Order is paid for at 100% of the Goods' value at the time of Order placement. Payment constitutes acceptance of this Offer.
4.3. The manufacturing period for pre-ordered Goods is up to 30 (thirty) business days from the date of payment receipt, excluding the delivery period. The estimated period is indicated on the Goods' product page and/or in the Order confirmation.
4.4. The Buyer has the right to cancel a pre-order and receive a full refund of the paid amount before the Order is launched into production. To cancel, the Buyer sends a request to the Seller's contacts specified in section 13. The refund is made within 10 (ten) banking days by the same method as the original payment.
4.5. After an Order is launched into production, pre-order cancellation by the Buyer and refund of prepayment are not possible, except for cases stipulated by the legislation of the Republic of Kazakhstan (including when the Seller violates the Goods delivery deadline — clause 4.7).
4.6. The Seller notifies the Buyer about the launch of the Order into production via WhatsApp +7 776 608 55 44 using the contact details provided by the Buyer when placing the Order.
4.7. In case the Seller violates the manufacturing period specified in clause 4.3 by more than 10 (ten) calendar days, the Buyer has the right to demand a full refund of the paid amount or agree on a new deadline with the Seller.
4.8. Goods in Stock. Goods in stock are handed over for delivery within 1-3 business days from the date of payment receipt. The Buyer has the right to cancel an Order for Goods in stock and receive a full refund of the paid amount before the Goods are handed over to the delivery service. After the Goods are handed over for delivery, Order cancellation is not possible; the rules of section 8 apply.
4.9. If an Order combines Goods in stock and pre-ordered Goods, at the Buyer's choice, the Order can be sent as one parcel after the pre-order is ready, or as two separate parcels. For separate shipments, the cost of each delivery is paid by the Buyer according to the delivery service's tariffs.
5. Placing an Order
5.1. The Buyer places an Order independently on the Website or via WhatsApp messenger: +7 776 608 5544/Instagram: @laplage_kz
5.2. When placing an Order, the Buyer provides: full name, contact phone number, email address (if available), delivery address and method, selected size of the Goods.
5.3. The processing and confirmation period for an Order by the Seller is up to 2 (two) business days from its placement. Confirmation is made using the contact details provided by the Buyer.
5.4. Size Selection. The Buyer independently selects the size of the Goods, guided by the size chart posted on the Website. The Seller provides consultation on size selection upon request. Discrepancy between the Goods and the Buyer's expectations regarding fit, when the Goods match the stated size and size chart, is not a defect of the Goods and is not a basis for return.
5.5. The Buyer is responsible for the accuracy of the data provided when placing the Order.
6. Price and Payment
6.1. Prices for Goods are indicated on the Website in Tenge (KZT). When paying with a card issued by a foreign bank, conversion is made at the rate and rules of the Buyer's issuing bank; any exchange rate difference and bank commissions are not compensated by the Seller.
6.2. The Seller has the right to change prices on the Website unilaterally. The price of a paid Order is not subject to change.
6.3. Payment is made at 100% of the Order value by one of the following methods available when placing the Order:
6.3.1. via Kaspi service – upon a payment request in the Kaspi application sent to the phone number specified by the Buyer when placing the Order, or via a payment link sent to the Buyer;
6.3.2. by bank transfer to the Seller's current account using the details specified when placing the Order. When choosing this method, the Buyer must indicate the Order number in the payment purpose.
Cash on delivery payment is not available.
6.4. The Buyer's payment obligation is considered fulfilled from the moment the funds are received by the Seller.
6.5. When paying via Kaspi service, payment confirmation is automatic. When paying by bank transfer to the current account, the payment confirmation period may be up to 2 (two) business days. If payment is not received by the Seller within 2 (two) business days from the Order placement, the Seller has the right to cancel the Order.
6.6. For each payment, the Seller provides the Buyer with a fiscal receipt in accordance with the legislation of the Republic of Kazakhstan.
7. Delivery
7.1. Delivery is carried out within the Republic of Kazakhstan, as well as international shipments to other countries, excluding the Russian Federation and the Republic of Belarus – Orders for delivery to these countries are not accepted or fulfilled. Delivery methods: Rika courier service within the Republic of Kazakhstan; international carriers – SDEK; self-pickup – La Plage showroom, Almaty, Kabanbay Batyr st., 65/76.
7.1.1. If an Order is placed with a delivery address in a territory where delivery is not carried out, the Seller has the right to refuse to fulfill the Order, notify the Buyer, and return the paid amount in full within 10 (ten) banking days.
7.1.2. International Delivery. Customs duties, taxes, fees, and other payments levied in the destination country are paid by the Buyer independently and are not included in the cost of the Goods and delivery. The Buyer is solely responsible for the compliance of the imported Goods with the legislation of the destination country. International delivery times are approximate and depend on the work of the carrier and customs authorities; the Seller is not responsible for delays at these stages if the Goods were timely handed over to the carrier.
7.2. The delivery cost is not included in the price of the Goods and is paid separately by the Buyer according to the delivery service's tariffs.
7.3. The delivery period depends on the region and delivery service tariffs and is not included in the manufacturing period specified in clause 4.3.
7.4. The risk of accidental loss or damage to the Goods passes to the Carrier from the moment the Goods are handed over to the Buyer.
7.5. Upon receipt of the Goods, the Buyer must check the integrity of the packaging and the conformity of the Goods to the Order. Claims for external damage to the packaging are accepted at the time of receipt.
7.6. Refusal to Receive. If the Buyer refused to receive the dispatched Goods or did not collect them within the storage period of the delivery service and the Goods are returned to the Seller, the Seller's actual expenses for delivering the Goods to the Buyer and their return to the Seller are withheld from the amount paid by the Buyer; the remainder is returned to the Buyer within 10 (ten) banking days from the moment the Seller receives the Goods.
8. Returns and Exchanges
8.1. Goods of Proper Quality. In accordance with paragraph 1 of Article 30 of the Law of the Republic of Kazakhstan dated 04.05.2010 No. 274-IV "On Protection of Consumer Rights," swimsuits are classified as underwear and are not subject to exchange or return if they are of proper quality.
8.2. Goods of Improper Quality. If a manufacturing defect (flaw) is found in the Goods, the Buyer has the right to demand, at their discretion: free elimination of the defect, a proportional reduction in price, replacement of the Goods, or a refund of the paid amount – in accordance with Article 15 of the Law of RK "On Protection of Consumer Rights."
8.3. To process a return due to a defect, the Buyer sends a statement with a description of the defect and photo/video to the contacts specified in section 13 within 14 (fourteen) calendar days from the date of receiving the Goods. Returns due to defects are accepted if the brand packaging and tags are preserved, and there are no signs of product use. The Seller reviews the statement within 10 (ten) calendar days.
8.4. Refunds, if the claim is satisfied, are made by the same method as the payment, within 10 (ten) banking days from the decision date (if necessary, after the Goods are received and inspected by the Seller).
8.5. The following are not considered defects of the Goods: a slight difference in color from the image on the Website (clause 3.2), discrepancy with expectations regarding fit when matching the size chart (clause 5.4), signs of wear and damage that occurred after the Goods were transferred to the Buyer, as well as damage caused by violation of the product care rules posted on the Website.
8.6. Return of Defective Goods for International Delivery. Upon confirmation of a manufacturing defect by photo/video, the Seller, in agreement with the Buyer, issues a refund of the paid amount or replaces the Goods without mandatory reverse shipment of the defective Goods, if the cost of reverse shipment is disproportionate to the value of the Goods. If reverse shipment is necessary, its procedure and cost distribution are agreed upon by the Parties before dispatch.
9. Gift Certificates
9.1. A Gift Certificate certifies the right of its holder to purchase Goods on the Website for the certificate's nominal value. The certificate is not a security.
9.2. A certificate can be used to pay for one or more Orders within its nominal value: any unused balance remains on the certificate and can be used for subsequent purchases within the certificate's validity period. If the Order amount exceeds the certificate balance, the difference is paid by the Buyer.
9.2.1. Discounts, promo codes, and other promotional offers do not apply to the purchase of gift certificates.
9.3. The certificate's validity period is 6 (six) months from the date of purchase. After the expiration date, the certificate cannot be used, and funds are not refunded.
9.4. The certificate is not exchangeable for cash, non-refundable, and cannot be reused.
9.5. The Seller is not responsible for the use of the certificate by a third party who gained access to its number/code due to the Buyer's fault.
10. Personal Data
10.1. By placing an Order, the Buyer consents to the collection and processing of their personal data (full name, phone, e-mail, delivery address) in accordance with the Law of the Republic of Kazakhstan dated 21.05.2013 No. 94-V "On Personal Data and Its Protection" and the Privacy Policy posted on the Website.
10.2. Personal data is used exclusively for fulfilling the Order: contacting the Buyer, manufacturing and delivering the Goods. The Seller does not transfer data to third parties, except for delivery services (including international carriers for international delivery) to the extent necessary for Order delivery.
10.3. The Buyer has the right to withdraw consent to personal data processing by sending a request to the Seller's contacts.
11. Liability and Force Majeure
11.1. For non-performance or improper performance of obligations, the Parties shall be liable in accordance with the legislation of the Republic of Kazakhstan.
11.2. The Seller is not responsible for damage caused to the Buyer due to improper use of the Goods, as well as for delays in delivery caused by the delivery service, if the Seller timely handed over the Goods to the carrier.
11.3. The Parties are exempt from liability for non-performance of obligations if it is caused by circumstances of force majeure (natural disasters, military actions, acts of state bodies, etc.), provided that the other Party is notified within a reasonable time.
12. Dispute Resolution
12.1. Disputes are resolved through negotiations. The claim procedure is mandatory: the claim review period is 10 (ten) calendar days from the date of receipt.
12.2. If an agreement is not reached, the dispute is submitted for consideration to the court at the Seller's location in accordance with Article 32 of the Civil Procedure Code of RK, unless otherwise provided by imperative norms of the legislation of the Republic of Kazakhstan.
12.3. In all matters not regulated by this Offer, the Parties shall be guided by the legislation of the Republic of Kazakhstan.
13. Seller's Details
IE "SALTANAT TECHNIC SOLUTION"
Director: Nurmagambetova S.
IIN: 960725401729
Address: Almaty, Medeusky district, Kabanbay Batyr st., 65/76
IE Registration Certificate: KZ86TWQ04574376 dated 29.01.2025
Bank details: IIC KZ646017131000058875, BIC HSBKKZKX, bank JSC "Halyk Bank of Kazakhstan"
Phone: +7 776 608 55 44
E-mail: Pitayakazakhstan@gmail.com
Website: https://pitaya.kz