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Public Offer

1. Terms and Definitions.

1.1. In this offer, unless the context requires otherwise, the following terms have the meanings designated below and are an integral part of this offer.

  • Buyer — any individual or legal entity that has accepted the public offer under the terms of this offer.
  • Online Store — the official online store of the Seller "POWERNET" LLC, located at the internet address https://itmarket.uz. Within the framework of this agreement, the concepts of Online Store and Store, as well as the internet address https://itmarket.uz and derivatives of https://itmarket.uz are equivalent and interpreted authentically, according to the context of the offer.
  • Product — the object of the agreement of the parties, a list of assortment names presented in the official online store of "POWERNET" LLC at the internet address https://itmarket.uz.

2. General Provisions.

2.1. This Public Offer (hereinafter referred to as the Agreement) is an official proposal of "POWERNET" LLC to any individual or legal entity possessing legal capacity and the necessary authority to conclude a purchase and sale agreement for the Product with "POWERNET" LLC on the terms defined in this offer and contains all essential terms of the agreement.

2.2. Relations in the field of consumer protection are regulated by the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "On Protection of Consumer Rights" and other normative-legal acts of the Republic of Uzbekistan.

3. Subject of the Agreement and Price of the Product.

3.1. The Seller transfers, and the Buyer accepts and pays for the goods on the terms specified in this agreement. Ownership of the Ordered Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer and payment by the latter of the full cost of the Goods. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer.

3.2. Prices for the Product are determined unilaterally and indisputably and are indicated on the pages of the online store at the internet address: https://itmarket.uz.

3.3. The price of the product is indicated in the national currency of the Republic of Uzbekistan — UZS (Som). Also, prices can be indicated in conventional units and/or foreign currency, which are paid in the national currency of the Republic of Uzbekistan (Som) at the exchange rate of the Central Bank of the Republic of Uzbekistan on the date of payment.

3.4. The offer to conclude an agreement for a specific product is valid during the period the product is on the Seller's website.

3.5. The Product is presented on the site through graphic images-samples, which are the property of the online store.

3.6. Due to different technical characteristics of monitors, the color of the Product may differ from that presented on the site.

3.7. The appearance of the Product may differ from that described on the site.

3.8. At the request of the Buyer, the manager of the online store is obliged to provide (by phone or via e-mail) information necessary and sufficient, from the point of view of the Buyer, for him to make a decision on purchasing the product.

4. Moment of Conclusion of the Agreement.

4.1. The text of this Agreement is a public offer (in accordance with Part 2 of Art. 369 and Art. 426 of the Civil Code of the Republic of Uzbekistan).

4.2. The Agreement concluded on the basis of the Buyer's acceptance of this offer is a contract of adhesion, to which the Buyer joins without any exceptions and/or reservations.

4.3. The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Agreement. The Buyer who purchased the product in the Seller's Online Store (who placed an order for the product) is considered as a person who entered into relations with the Seller on the terms of this Agreement.

5. Rights and Obligations of the Parties.

5.1. The Seller undertakes:

5.1.1. From the moment of conclusion of this Agreement, to fully ensure all obligations to the Buyer in accordance with the terms of this agreement and current legislation. The Seller reserves the right not to fulfill obligations under the Agreement in the event of force majeure circumstances specified in clause 9 of this Agreement.

5.1.2. To process the Buyer's personal data and ensure their confidentiality in the manner prescribed by current legislation.

5.2. The Seller has the right:

5.2.1. To change this Agreement, Prices for the Product and Tariffs for related services, methods and terms of payment and delivery of the product unilaterally, placing them on the pages of the online store located at the internet address: https://itmarket.uz. All changes come into force immediately after publication and are considered brought to the attention of the Buyer from the moment of such publication.

5.2.2. To record telephone conversations with the Buyer. The Seller undertakes: to prevent attempts of unauthorized access to information and/or its transfer to persons not directly related to the execution of Orders; to timely detect and stop such facts.

5.2.3. Without the Buyer's consent, to transfer its rights and obligations to execute the Agreement to third parties.

5.3. The Buyer undertakes:

5.3.1. Before concluding the Agreement, to familiarize himself with the content and terms of the Agreement, prices for the Product offered by the Seller in the online store, as well as other conditions on the pages of the online store located at the internet address: https://itmarket.uz.

5.3.2. To fulfill the Seller's obligations to the Buyer, the latter must provide all necessary data uniquely identifying him as a buyer, and sufficient for the delivery to the Buyer of the Product ordered by him, provided that the product is delivered.

5.3.3. To pay for the ordered Product and its delivery under the terms of this agreement.

5.3.4. To avoid disputes, when placing an order, to familiarize himself with the information offered by the Seller on its website.

5.3.5. Not to use the product ordered on the website for entrepreneurial purposes.

6. Delivery of Goods

6.1. Delivery of the Product to the Buyer is carried out exclusively within the Republic of Uzbekistan on the terms stipulated in the section "Payment for the order" and "Delivery".

6.2. In case the purchase of goods occurs via pre-order, delivery is carried out within 30 working days.

7. Returns and Exchanges

7.1. Goods of proper quality.

7.1.1. The Buyer has the right to refuse the ordered product of proper quality without giving a reason at any time: before receiving it, at the moment of delivery of the product by the courier, as well as after receiving it — within 24 hours. Return or exchange of goods is possible when: its trade dress (packaging, seals, labels), consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product (sales or cashier's check) are preserved. Goods of proper quality are not subject to return, according to Appendix 1 to the Retail Trade Rules in the Republic of Uzbekistan, approved by the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 75 of February 13, 2003.

7.1.2. Return of goods is carried out through the Seller's delivery service, for this it is necessary: — to call the online store at the numbers indicated in the Contacts section; — print and fill out a return application; — attach a sales or cashier's check of the order to the return application;

7.2. Goods of improper quality.

7.2.1. The Buyer, upon receipt of goods of improper quality, if the defects were not stipulated by the Seller, has the right at his choice to demand from the Seller (regarding food products, the buyer has this right within 24 hours after receipt): • replacement with a product of a similar brand (model, article); • replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price; • proportionate reduction of the purchase price; • immediate gratuitous elimination of product defects; • reimbursement of expenses for elimination of product defects.

7.2.2. The procedure for returning goods of improper quality is carried out in the manner specified in clause 7.1.2.

7.2.3. The return application must indicate exactly what defect the product returned by the Buyer contains.

8. Payment Methods.

8.1. The Buyer can make payment in the following ways: — Payment by bank plastic card (ONLINE); — Payment via Payme systems; — Payment in cash; — Payment by transfer;

8.2. More detailed information on payment methods for the product is contained in the "Delivery Conditions" section of the website located at the internet address https://itmarket.uz.

9. Force Majeure.

9.1. Either Party is released from liability for full or partial non-fulfillment of its obligations under this Agreement if this non-fulfillment was caused by force majeure circumstances that arose after the signing of this Agreement. "Force Majeure Circumstances" mean extraordinary events or circumstances that such Party could not foresee or prevent by means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, actions of state bodies of the Republic of Uzbekistan or other states, as well as any other circumstances beyond the reasonable control of either Party. Changes in current legislation or regulations directly or indirectly affecting either of the Parties are not considered as Force Majeure Circumstances, however, in the event of such changes that do not allow either of the Parties to fulfill any of its obligations under this Agreement, the Parties are obliged to immediately make a decision regarding the procedure for eliminating this problem in order to ensure the Parties continue to execute this Agreement.

10. Liability of the Parties.

10.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties are liable in accordance with the legislation of the Republic of Uzbekistan.

10.2. All text information and graphic images posted in the online store have a legal copyright holder, illegal use of said information and images is prosecuted in accordance with current legislation.

11. Other Conditions.

11.1. All disputes related to non-fulfillment or improper fulfillment of their obligations under this agreement will be tried to be resolved by the parties during negotiations.

11.2. In case of failure to reach an agreement during negotiations, disputes will be resolved in court in accordance with the current legislation of the Republic of Uzbekistan.

11.3. Sections of the online store explaining the rules and conditions referenced in the Offer are an integral part of this Offer.

11.4. By accepting this offer, the Buyer expresses consent and permits "POWERNET" LLC to process his personal data, including surname, first name, patronymic, date of birth, gender, place of work and position, postal address; home, work, mobile phones, e-mail address, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer on the territory of the Republic of Uzbekistan and cross-border transfer), depersonalization, blocking, destruction of personal data, as well as their transfer to the Seller's counterparties for further processing (including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer on the territory of the Republic of Uzbekistan and cross-border transfer), depersonalization, blocking, destruction of personal data) for conducting research aimed at improving the quality of services, for conducting marketing programs, statistical research, as well as for promoting services on the market by making direct contacts with the Buyer using various means of communication, including, but not limited to: mailing, e-mail, telephone, facsimile communication, the Internet.

11.5. The Buyer expresses consent and permits the Seller and the Seller's counterparties to process the Buyer's personal data using automated database management systems, as well as other software specifically developed on the Seller's instructions. Work with such systems is carried out according to the algorithm prescribed by the operator (collection, systematization, accumulation, storage, clarification, use, blocking, destruction). Used processing methods (including, but not limited to): automatic reconciliation of postal codes with a code base, automatic verification of the spelling of street/settlement names, clarification of data with the Buyer by telephone, postal communication with the Buyer or via contact through the Internet, segmentation of the database according to specified criteria. The Buyer agrees that if it is necessary to implement the goals specified in this offer, his personal data received by the Seller can be transferred to third parties to whom the Seller may entrust the processing of the Buyer's personal data on the basis of an agreement concluded with such persons, provided that the requirements of the legislation of the Republic of Uzbekistan on ensuring the confidentiality of personal data and the security of personal data during their processing by such third parties are observed. When transferring the specified data of the Buyer, the Seller warns the persons receiving the Buyer's personal data that these data are confidential and can only be used for the purposes for which they are communicated, and requires these persons to observe this rule.

11.6. The Buyer has the right to request full information from the Seller about his personal data, their processing and use, as well as to demand the exclusion or correction/addition of incorrect or incomplete personal data by sending a corresponding written request to the Seller at the postal address. This consent given by the Buyer to the processing of his personal data is indefinite and can be revoked by sending a written application by the Buyer to the Seller at the postal address.

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