Public Offer Agreement
(about selling Products remotely)
In accordance with Article 369 of the Civil Code of the Republic of Uzbekistan, this document is a public offer for the conclusion of a contract for the provision of services for the manufacture and delivery of Products by MAK FOOD SERVICES LLC, operating under the EVOS® brand. If the conditions set out below are accepted, the person accepting this offer, who complies with the established requirements for processing and approving an order using information and materials on all EVOS® digital platforms, enters into a contract on the terms defined in this document. The terms of the concluded Contract are also determined by additional information posted on all EVOS® digital platforms (cost of Products, cost of delivery services, product characteristics, other conditions), if this information does not contradict this public offer, with which the Buyer agrees. The Seller reserves the right to unilaterally amend this Agreement. All information materials presented on all EVOS® digital platforms are for reference purposes and cannot fully convey reliable information about the properties and characteristics of Products, including colors, sizes and shapes. The provisions of the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan on Consumer Rights Protection dated 26.04.1996 No. 221-I, the Law of the Republic of Uzbekistan On Personal Data No. 547 dated 02.072019, and other normative legal acts of the current legislation of the Republic of Uzbekistan (hereinafter referred to as this offer - RUz) apply to the relationship between the Buyer and the Seller.
1. Terms and definitions
1.1. In this offer, unless otherwise indicated in the context, the following capitalized terms have the following meanings.
1.1.1. Courier service - persons providing services for the organization of product delivery on behalf of the Seller or the Seller's employees.
1.1.2. The Seller is a legal entity registered in accordance with the legislation of the Republic of Uzbekistan and engaged in entrepreneurial activity. The full brand name and location of the Seller is indicated on all EVOS® digital platforms.
1.1.3. The Buyer is a representative of a legal entity or a fully capable individual who has concluded a contract with the Seller for the provision of services for the delivery of Products on the terms contained in this Offer for personal, family, household or other needs not related to business activities.
1.1.4. EVOS® Digital Platform - Mobile client Applications (Android, iOS), Telegram BOT (@evosdeliverybot), website https://www.evos.uz/, Self-service kiosks.
1.1.5. Phone numebr - The phone number of the Call Center is +998 71-203-12-12 from 09:00 to 03:00.
1.1.6. Helpline - +998 71 203 5555, receiving complaints and suggestions from 09:00 to 03:00.
1.1.7. Products - a list of the Seller's products presented on all EVOS® digital platforms. The products may differ from the image on all EVOS® digital platforms.
2. General provisions
2.1. The Seller and the Buyer guarantee that they have the necessary rights and legal capacity, as well as all the rights necessary for the conclusion and execution of the contract.
2.2. The Buyer undertakes to familiarize himself with the terms of this offer, with the information indicated on all EVOS® digital platforms regarding Products, with the terms of participation in the Loyalty Program, the Privacy Policy and the User Agreement.
2.3. The Seller reserves the right to make changes to this offer, in connection with which the Buyer undertakes to independently monitor the presence of changes in this offer. The versions of the offer valid before the date of this offer are provided upon request (by Phone) or indicated on the Website.
By agreeing to this offer, the Buyer automatically accepts the terms of public offers of other persons on the Site who sell Products within the franchise network under the single trademark EVOS®.
2.4. When placing an order for Products, the Buyer thereby confirms that he has fulfilled the obligations provided for in paragraph 2.2 of this offer.
2.5. The Agreement is considered concluded from the moment the Seller receives a notification of the Buyer's intention to purchase Products by cash. The contract is considered concluded from the moment of confirmation of successful payment by bank transfer via an electronic payment system.
3. Subject of the Agreement
3.1. The Seller sells the Products at the prices presented on all EVOS® digital platforms and organizes the delivery of the Products, and the Buyer makes the payment and accepts the Products in accordance with the terms of this offer.
3.2. The right of ownership of the Products passes to the Buyer at the time of acceptance of the Products by the Buyer and payment by the latter of the full cost of the accepted Products. The risk of accidental death or damage to the Product passes to the Buyer from the moment the Product is accepted by the Buyer.
4. Rights and Obligations of the Parties
4.1. The Seller has the right to send notifications about ongoing promotions and promotional materials to the Buyer via telecommunication networks, provided that the Buyer agrees to perform these actions.
4.2. The Buyer has the right to unsubscribe from the notifications specified in clause 4.1. of this offer at any time and subscribe to the notifications again.
4.3. The Seller has the right to make calls to the Buyer for the purpose of conducting marketing research among Buyers and researching Customer preferences; conducting prize draws among Buyers; analyzing services provided by the Seller; resolving conflict situations without obtaining consent from the Buyer to perform all of the above actions.
4.4. The Seller has the right to send service messages informing the Buyer about the order he has made, its list, the stages of its processing and the readiness of the order; such service messages are sent automatically, cannot be rejected by the Buyer, are aimed at monitoring the quality of services provided to the Buyer and informing him about the proper fulfillment by the Seller of its obligations under the agreement.
4.5. In case of repeated ordering by one Buyer and cancellation by the latter, the seller has the right to refuse or block such automatically by the system.
4.6. The Buyer does not have the right to change the order after successful payment, in case of placing an order for non-cash payment.
4.7. The Buyer has no right to change the payment method after successful payment via payment systems.
4.8. If the Customer places an order for a non-cash payment and does not make payment through payment systems within 4:59 minutes, the order may be automatically canceled.
4.9. The Seller is not responsible for sending an incorrect location by the Buyer through all EVOS® digital platforms.
5. Processing and storage of personal data
5.1. The Seller undertakes to process and store the Buyer's personal data provided to the Seller, ensure their confidentiality and not provide access to this information to third parties, except in cases provided for by the current legislation of the Republic of Uzbekistan. By accepting this offer, the Buyer confirms his consent and authorizes the Seller to process his personal data, including: surname, first name, patronymic, date of birth, delivery address, phone number. The processing of personal data in this offer means: the collection of the above data, their systematization, accumulation, storage, clarification (updating, modification), use, blocking and cross-border transfer.
The Seller has the right to transfer the Buyer's personal data to the Courier Service in order to deliver the Products ordered by the latter to the Buyer.
5.2. The Buyer agrees 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 above algorithm (collection, systematization, accumulation, storage, clarification, use, blocking, destruction).
The Seller has the right to independently determine the methods used for processing the Buyer's personal data (including, but not limited to: automatic verification of postal codes with a database of codes / indexes, automatic verification of the spelling of street names /settlements, segmentation of the database according to specified criteria, etc.).
5.3. The Seller ensures the confidentiality of the personal data provided by the Buyer, their protection from copying and distribution. At any time, the Buyer has the right to request a list of his personal data and/or request to change personal data by calling the Seller by phone, specifying the name, patronymic, surname and delivery address.
If the Buyer transfers personal data to a third party, the Buyer is fully responsible for the actions committed by such third parties, as well as for losses caused by such third parties to the Seller.
6. Placing an order for Products
Prior to placing an Order, the Buyer must familiarize himself with the contents and conditions set out in this offer, as well as with other conditions specified on all EVOS® digital platforms, including product prices, the delivery area of the Products to be carried out;
6.1. The Customer's order can be placed by Phone and/or by filling out an electronic form on all EVOS® digital platforms.
When placing an Order by phone or via an electronic form on all EVOS® digital platforms, the Buyer hereby confirms that he is familiar with the terms of this offer and undertakes to provide the Seller with all the information necessary for proper registration and execution of the Order.
6.2. The Buyer undertakes to provide reliable personal data necessary to identify the Buyer and sufficient to complete the transaction with the Seller and deliver the Products ordered to the Buyer.
The Buyer undertakes to pay for the ordered Products on the terms of this offer and comply with the conditions set out in this offer, as well as other conditions specified on all EVOS® digital platforms.
6.3. If the Buyer has additional questions regarding the Products, before placing an Order, the Buyer must contact the Seller by Phone to obtain the necessary information, in accordance with the operating mode indicated on all EVOS® digital platforms.
6.4. The Seller may provide only those Products that are available to the Seller at the time of placing an order for Products from the Seller.
6.5. When placing an order by Phone, the Seller has the right to make an audio recording of a telephone conversation with the Buyer, if these actions are necessary for the Seller to fulfill the obligations provided for in this offer and assess the quality of services rendered, without receiving from the Buyer's consent to perform the specified actions.
6.6. When placing an order by filling out an electronic order form on all EVOS® digital platforms The Buyer creates an account in accordance with the User Agreement.
6.7. If the Seller does not have the required quantity or range of Products to fulfill the Buyer's order, the Seller informs the Buyer about this by phone within 30 minutes after receiving the Product order from the Buyer. The Buyer has the right to agree to accept Products in a different quantity or assortment, or to cancel his order of Products. In case of non-receipt of the Buyer's response, the Seller has the right to cancel the Buyer's Order in full.
6.8. The Seller has the right to suspend the acceptance of Product orders in case of technical problems that do not allow accepting the Product order, or the lack of ingredients necessary for manufacturing, until the time of registration on all EVOS® digital platforms.
6.9. The Buyer has the right to familiarize himself with the contents and conditions set out in this offer, as well as with other conditions specified on all EVOS® digital platforms, including product prices, the Product delivery area that must be made in order for it to be delivered to the Buyer.
7. Organization Of Product Delivery
7.1. Delivery of Products is carried out by Courier service to the actual address specified by the Buyer when placing an order or by sampling (picking up) Products by the Buyer (self-carriage).
The delivery of products is carried out only:
· to residential buildings and apartments in multi-storey buildings, provided that the exact address, intercom code and bandwidth are specified to the actual address of the order;
· to the reception of hotels, business centers, spas and fitness clubs;
· to the registry of state and medical institutions;
· to the entrance of retail outlets, markets, supermarkets, etc.
7.2. The delivery of Products within the delivery area is carried out in accordance with the Seller's operating mode specified on all EVOS® digital platforms. Delivery of Products to addresses outside the delivery area is not carried out.
7.3. The cost of Product delivery is formed at the time of placing the Customer's order on the EVOS® digital platforms.
7.4. The delivery time of the Product order within the city takes up to 30 minutes from the moment of acceptance of the Product order by cash and from the moment of confirmation of payment by bank transfer. In case of violation of the established deadlines for the delivery of Products, due to circumstances of force majeure (force majeure) in accordance with Section 9 of this offer, the Seller is not considered to have delayed delivery. In case of receipt of a large number of orders, as well as difficult traffic conditions (repairs, Friday prayers), bad weather conditions, the delivery time may be extended.
7.5. The Seller has the right to cancel the contract if the Courier Service, upon arrival at the actual delivery address of the Buyer, cannot actually transfer the delivered Products due to the Buyer's fault (the Buyer does not answer the phone call for up to 5 minutes or does not open the door to the Courier Service).
If the Products were not delivered to the Buyer due to the latter's fault, the Buyer's refusal to accept and/or pay for the products ordered by him, or a false call, the Seller has the right to block the login (subscriber phone number) The buyer.
7.6 In case of a change in the delivery address after placing and confirming the order at the request of the Buyer, the latter pays additionally for the delivery the full cost of delivery, depending on the region, if the distance between the previously specified and the new address exceeds 500 m.
8. Payment For Products
8.1. Product prices are determined unilaterally by the Seller and indicated on the EVOS® client platforms. The price of the Products ordered by the Buyer is not subject to change.
8.2. Payment for Products by the Buyer is made in the sums of the Republic of Uzbekistan in one of the following ways:
8.2.1. Cash payment: the amount indicated in the cash receipt is transferred by the Buyer to the courier who delivered the Order. A cash receipt is issued to the buyer. If it is impossible to receive an Order issued in cash to the above-mentioned person, the order is handed over to a person who is ready to provide information about the Order (order number and / or Buyer's full name), as well as pay the cost of the order in full to the courier delivering the Order.
8.3. From the moment the order is handed over to the Buyer (as well as to any person who accepted the order at the address specified during registration) the Seller's obligations under the contract are considered fulfilled. The Buyer's obligations to pay for the Products are considered fulfilled from the moment of payment for the Products and the corresponding funds are debited from his personal account (including a plastic card).
8.4 Subject to successful delivery of the order to the Buyer and the impossibility of making payment from the client in cash, payment of the amount indicated in the cash receipt can be made by using payment systems.
9. Return and exchange of Products
9.1. The return and exchange of Products of proper quality is not allowed.
9.2. The Seller is obliged to transfer to the Buyer Products that fully comply with his order, the quality of which corresponds to the information provided to the Buyer at the conclusion of this agreement, as well as information brought to his attention during the transfer of Products (on the label or insert attached to the Products or their packaging, or by other means provided for certain types of Products).
Upon receipt of the Products, the Buyer checks the conformity of the received Products to the Order, completeness and absence of complaints about the appearance of the delivered Products. In case of receiving low-quality, incomplete Products, or non-conformity of the received Products with the ordered ones, the Buyer has the right to demand replacement of such Products with Products of proper quality immediately at the time of receipt, or within 5 minutes after receiving the Products.
9.3. In case of non-fulfillment of the conditions of clause 8.2 of this offer, the Buyer's claims regarding the appearance of the Products, quality and their completeness will not be accepted.
10. Force majeure
10.1. Either Party is released from liability for full or partial non-fulfillment of its obligations under this offer, if this non-fulfillment was caused by force majeure circumstances. Force majeure circumstances mean extraordinary events and circumstances that the Parties could neither foresee nor prevent by reasonable means. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, weather conditions, sandy haze, wars, military operations, traffic accidents, events and actions of republican, local authorities and management, internal affairs bodies and so on.
11. Responsibility of the Parties to the public offer
The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this offer (the Seller's offer accepted by the Buyer) in accordance with the legislation of the Republic of Uzbekistan.
All text information and graphic images posted on all EVOS® digital platforms have a legitimate Copyright Holder. Illegal use of the specified information and images is prosecuted in accordance with the current legislation of the Republic of Uzbekistan.
The Seller is not responsible for damage caused to the Buyer as a result of improper use of Products purchased from the Seller.
The Seller is not responsible for the Buyer's losses resulting from incorrect filling of the Order, including incorrect indication of personal data.
The buyer is fully responsible for the accuracy of the information and personal data provided.
11.1. The Parties acknowledge that the fulfillment of obligations under this agreement begins from the moment the parties agree on the Order, and ends with the full fulfillment of obligations.
11.2. All disputes and disagreements arising from the performance of obligations by the parties under this agreement shall be resolved through negotiations or in a claim-based manner.
11.3. If it is impossible to resolve disputes and disagreements, the parties have the right to apply to the authorized state bodies or for judicial protection of their interests.
12. Final provisions
12.1. This Agreement – public offer is the official document of the owner on all EVOS® digital platforms. All annexes and supplements to this agreement are an integral part of it.
12.2. The court's recognition of the invalidity of any provision of the terms of this agreement and its rules does not entail the invalidity of the remaining provisions.