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Public offer

1. GENERAL PROVISIONS

1.1. These Terms govern the organization of services for delivery by electronic service on the Internet at https://bestsender.kz/.

1.2. These terms are obligatory for the customer, the Contractor and the Recipient from the moment of placing Conditions on public access on the website of the Contractor. If the Agreement establishes conditions that differ from the provisions of these Instructions, The Provisions of the agreement shall apply to the Parties to the agreement.

1.3. These Terms and conditions are a public offer in accordance with article 395 of The Civil Code of the Republic of Kazakhstan.

1.4. The Operator reserves the right to make changes to these Terms and conditions, and therefore, the Customer undertakes to regularly monitor changes in the terms and Conditions posted on the site https://bestsender.kz/.

1.5. These Terms and conditions define the procedure for providing Customers - individuals and legal entities, as well as individual entrepreneurs with delivery services using an electronic service on the Internet at https://bestsender.kz/ (hereinafter referred to as the electronic service). Changes to the terms of service may be made in agreement with BESTSENDER LLP and the Customer before the shipment is accepted for transportation.

2. TERMS AND CONDITIONS USED AND THEIR MEANING

2.1. Operator – BESTSENDER LLP (BESTSENDER (https://bestsender.kz/).

2.2. Carrier/Partner - a legal entity registered in accordance with the legislation of the Republic of Kazakhstan or the legislation of a foreign country, carrying out activities for the delivery of Shipments, having a contractual relationship with the Operator.

2.3. Departure/The package/Delivery - the subject of delivery.

2.4. Order – a Client order in the Operator’s electronic service with a unique number assigned to the Order, which contains all the essential conditions for providing the ordered service to the Client.

2.5. Waybill - a special form in the form of the Carrier chosen by the Client, which has a unique number containing information necessary for the delivery of the Client’s Shipment in accordance with the Order placed on the Operator’s electronic service.

2.6. The parties are The Operator, the Client and the Carrier.

2.7. User/Client/Customer – a person (legal entity or individual) who Uses the electronic service in accordance with these Terms and conditions.

2.8. Account - a Client account that is created in the Operator’s electronic service at the time of registration and allows you to identify (authorize) the Client Using a unique username and password. The client determines the login and password for accessing the Account independently during registration.

2.9. Personal account is a part of the operator’s electronic service that allows the Client to manage their account, place orders, change or delete personal data and other information specified during registration, receive information about their personal account balance, top up the balance, and perform other actions provided for by the electronic service.

2.10. Personal account – a client’s personal account created in the Operator’s electronic service at the Time of registration and linked to the Client’s account.

2.11. Services - Delivery services, including additional services that occurred during The delivery of the Client’s shipment, such as: insurance, forwarding, re-delivery, delivery in person, delivery with return, delivery on weekends, delivery with delivery notification, return and disposal of the Client’s shipments, as well as payment for the shipment by the Recipient (the service is free if the Recipient refuses to pay for the shipment, the Operator’s expenses for delivery of such shipment paid by the client).

2.12. Insurance - the “insurance” option selected by the Customer at the time of placing the Order and confirmed by the “Agree” option in the Operator’s electronic service. By selecting the “I Agree” option, the Client agrees to the rules and rates of Shipment insurance.

2.13. Declared value - the value of The shipment specified by the Client when Insuring the shipment.

2.14. Internet portal/Electronic service of the local Internet portal https://bestsender.kz/.

2.15. Parcel – individually Packed parcel.

2.16. Delivery/Cargo – one or more parcels sent via the Internet portal.

2.17. The client/Sender/Customer – the party that uses the Operator’s services to send/receive parcels/delivery and is responsible for all costs associated with delivery.

2.18. Recipient/Addressee – a person who receives a parcel/delivery sent when using the Operator’s services.

2.19. Acceptance address/loading address – the address at which the Carrier must accept the parcel/delivery from the Customer.

2.20. Delivery address/Address of unloading – the address at which the Carrier must deliver a package/delivery.

2.21. The Manifesto of the parcel/Sticker/Marking/Bill of lading, air cargo bill/Invoice – documents attached to the parcel or sent together with the parcel.

2.22. Compensation – transit compensation, which is provided in the event of loss or damage to the parcel. This compensation does not apply to packages that are Considered prohibited/Unauthorized.

2.23. Expenses/Cost – all expenses that must be paid to the customer, including the delivery itself and additional expenses, such as storage costs, VAT, other taxes, penalty interest, monetary penalties, administrative expenses, customs duties, duties, insurance premiums and all other amounts of payments that must be collected from the Customer by the Operator in connection with delivery (deliveries) and other related actions.

2.24. Account – the User’s workplace, provided for submitting and managing parcel orders, contains the user’s identification and personalized information for working on the Portal. Information is available only to each user about themselves and only after authentication.

3. ACCESS TO E-SERVICE

3.1. Internet service is available to all users of the Internet.

3.2. The operator ensures that the Portal is available 24 hours a day.

3.3. The Operator is not responsible if the Portal is not accessible through no fault of the Operator, due to errors and failures of the communication provider and the Internet, as well as for cases recognized as force majeure, including, but not limited to the circumstances provided for in clause 2 of art. 359 of The civil Code of the Republic of Kazakhstan (civil code of the Republic of Kazakhstan) such as wars, riots, strikes, fire, flood, earthquake, other natural and man-made disasters and accidents for which the Operator cannot be held responsible and cannot influence in any way. Access to the electronic service may be interrupted without warning in the event of system damage, in the event of improvements (updates), or under the influence of any unforeseen circumstances.

4. RULES FOR REGISTRATION AND USE OF THE ACCOUNT

4.1. To receive services for delivery of Shipments, the Customer must register in the Electronic service and place Orders in it.

4.2. To Register in the electronic service, the Customer must enter their account information (email address and password to log in to the electronic service). After entering the information, the Client is assigned an Account that records operations related to Shipments, and a personal account is opened for maintaining and recording financial transactions.

4.3. At the time of confirmation of the option “I agree with the Operator’s Terms”, the Client:

4.3.1. Expresses acceptance of the offer, as well as accepts the terms of the accession agreement in accordance with article 389 of the Civil Code of the Republic of Kazakhstan by registering in the electronic service:

4.3.2. Gives its consent to the processing and storage of information and personal data, as well as to the transfer of personal data to Operators for the Purpose of providing services.

4.3.3. Gives consent to receive information (emails and SMS alerts) on the operation of the electronic service at the email addresses and phone numbers, specified by the Customer when registering an account with the electronic service.

4.3.4. Accepts the current procedure for electronic document Management of the operator.

4.4. An e-service user registered as a legal entity may create Accounts for their employees (without prior agreement with the Operator), or for third parties (with prior agreement with the Operator).

4.5. To create an Account, the user must specify the email addresses of employees who need to create an account. The operator sends an email to the specified email address with an invitation to register in the electronic service. After completing the registration process, the Employee user account will Be linked to the Legal entity user account. A legal entity user is responsible for the Actions of employee users.

4.6. The operator ensures the confidentiality and security of the User’s account, as well as actions performed in relation to the Account and with its help. If the operator has doubts about the legality of using the electronic service by the User or the User’s employees, the Operator Has the right to block such an Account by notifying the User of this at the email address specified during registration.

4.7. In the electronic service, the Operator and the Customer can transfer information and documents (including Invoices, invoices for services, details of services rendered) to each other via information and communication channels without using digital signatures. At the same time, such information has the same legal force as information transmitted on paper or in the form of an electronic document signed with an electronic digital signature.

4.8. Information exchange of the operator’s Electronic service is organized on the basis of an automated system owned by the operator. When you register, when you confirm by selecting “Register” on the electronic service and obtain permission for the use of the Service, the User commits itself to use this resolution under and for the purposes necessary to receive the service, and confirms that it understands that a violation of the exclusive rights of the Operator may lead to User involvement in civil, administrative and criminal responsibility in the order established by normative legal acts of the Republic of Kazakhstan. The permission granted to the User does not give the right to violate, circumvent, reverse engineer, decompile, disassemble or otherwise modify security elements related to the rules and restrictions of using the license, make changes to the automated system of the electronic service or use its modified versions for any purpose, or assist other persons in this.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. Rights and obligations of the operator

5.1.1. The Operator has THE right to:

5.1.2. Check the Shipments, the accuracy of the volume and physical weight specified by the Customer in the Order and Invoice, on special equipment at the Carrier’s office (control weighing). If the verification process detected a discrepancy between the physical or volume weight specified in the Invoice, and the check result, the basis of determination of cost of transportation, whichever is greater actual or volumetric weight control, certain special equipment at the Carrier’s office. If the shipment consists of several places, the weight calculation for each of the places is made separately, based on a larger indicator of volume or physical weight.

5.1.3. Increase the delivery time of The shipment if the Customer specifies incorrect Information about the shipment in the Order.

5.1.4. In case of violation by the customer of these Terms and conditions, as well as in case of violation of the terms of payment for Services rendered, suspend the provision of services to the Customer unilaterally. At the same time, on the day of suspension of the provision of services, the Customer is sent a corresponding notification by e-mail specified during registration.

5.1.5. In case of incorrect registration of accompanying documents, refuse to accept the shipment.

5.1.6. If the shipment exceeds the volume weight of the shipment specified by the Customer in the Invoice, as well as if additional services are provided to the Customer during the Delivery process delivery, unilaterally increase the Cost of services.

5.1.7. If the customer transfers a prohibited shipment to the carrier (in accordance with the list of prohibited Shipments established by the selected Carrier), refuse to organize the delivery of prohibited Shipments.

5.1.8. Suspend the operation of the electronic service for carrying out preventive maintenance, notifying the users of the electronic service at least 2 days before such work is carried out.

5.1.9. Involve third parties to provide delivery Services.

5.1.10. The operator must:

5.1.11. Accept the Order made in accordance with these Terms and conditions and transfer it to the Carrier in full.

5.1.12. If The shipment cannot be delivered, notify the customer.

5.1.13. Provide all necessary information about the delivery of the shipment at the request of the customer.

5.1.14. Perform other duties stipulated by these Terms and Conditions.

5.2. Rights and obligations of the Customer:

5.2.1. The customer has the right to:

5.2.2. Withdraw the Order within 15 minutes after placing the Order, if the Order is scheduled for execution during the day on which the Order was placed and on the dates following this day. The order is considered withdrawn if the customer has confirmed the “Cancel” option on the corresponding Order page in the User’s personal account.

5.2.3. Transfer the shipment to the Carrier’s representative independently or through representatives, or 3 persons.

5.2.4. Insure the shipment.

5.2.5. Make claims against the Operator in accordance with the terms and procedures provided for in these Terms and conditions or the Agreement.

5.2.6. The customer must:

5.2.6.1. Provide accurate and complete information when registering and using the Services, as well as update your data so that they remain accurate and complete, otherwise the Operator has the right to refuse to create an Account for the Client, or block or delete it at any time.

5.2.6.2. Not to transfer to third parties your account information and confidential information concerning relations with Carriers, which will become known after placing orders in the electronic service.

5.2.6.3. For security and data retention purposes, change your registration data (login/password) upon request sent by the operator in electronic form to the email address specified by the Client during registration in the electronic service.

5.2.6.4. 3 (three) calendar days before the date of termination of the rights of its employee who has an account in the electronic service, delete the Account of such employee, otherwise the Customer does not have the right to refer to the absence of its responsibility (as well as guilt) for the actions of its employees/representatives due to the termination of their rights.

5.2.6.5. When placing an Order, specify correct (reliable) information about the Sender, Recipient, and Shipment.

5.2.6.6. Ensure that The sender and Recipient comply with the requirements of the Agreement, Tariffs and these terms and Conditions relating to the Sender and Recipient.

5.2.6.7. Send the courier the Shipment with all necessary documents (for ordinary Shipments - waybill, for international shipments – Customs Declaration, Invoice, for Shipments with dangerous goods – Declaration of dangerous goods). The shipment must strictly comply with the characteristic data (item, name, weight, and other data) specified when placing an Order in the electronic service.

5.2.6.8. Insure the Shipment if such insurance is mandatory under the conditions of the Carrier chosen by the Customer.

5.2.6.9. If changes are made to the Invoice after filling in and saving it in the electronic service, immediately (within three hours from the moment of making changes) notify the Operator of the changes made by telephone or electronic communication. Otherwise, changes made to the Invoice will not be accepted for execution. The order is considered completed in accordance with the completed and saved Invoice.

5.2.6.10. In case of cancellation of the Accepted order, pay the cost of calling the courier at the rate of the selected Operator, as well as reimburse the Contractor for the actual costs incurred expenses.

5.2.6.11. If there are doubts about the accuracy of the information provided, representatives of state authorities that control the activities of the Carrier and the Operator must submit the requested documents at the request of the selected Carrier or Operator within 3 days.

5.2.6.12. In case of transfer to The carrier’s courier of a Shipment that is not registered in the electronic service, inform the Operator immediately after such transfer is detected. Otherwise, these Items will be recognized as unidentified. Acceptance/delivery of such a Shipment is suspended until the reasons preventing the delivery of the Shipment are clarified. The retention period of Departure, recognized as unidentified, to eliminate the causes that prevent it from sending, is paid at Rates set by Customerselected Carrier for safekeeping of items.

5.2.6.13. If a prohibited shipment is transferred to the Carrier (in accordance with the list of prohibited Shipments set by the selected Operator), pay the costs associated with the return or disposal of this Shipment.

5.2.6.14. For security purposes and data storage, change the password to log in to your Personal account in the Electronic service at the Request of the operator.

6. THE PROCEDURE FOR THE PROVISION OF SERVICES, THEIR FEES AND PAYMENT

6.1. The procedure for the provision of services:

6.1.1. To place an Order in the electronic service, you must select the Carrier, specify the correct information about the Sender and Recipient, about the Shipment (weight, size, type of shipment, and other necessary information). If false information is provided, the Operator is not responsible for noncompliance with the terms and conditions of Delivery of the shipment.

6.1.2. With the help of e-service the Customer chooses from a list of Carriers for the Shipments. At the time of confirmation of the option “I agree with the operator’s terms”, “Call a courier” when placing an Order in the Operator’s electronic service, the Customer confirms:

6.1.2.1. Their agreement with these Terms and conditions, as well as the fact that all essential terms and conditions for the provision of services have been fully agreed between the Operator and the Customer.

6.1.2.2. Read and agree to the rates and terms of service published in the electronic service and on the official website of the Carrier chosen by the Customer.

6.1.2.3. Correctness and reliability of the information specified in the Order, including the address of receipt/delivery of the Shipment, the volume weight of the Shipment, the type and category of the Shipment, on the basis of which the Consignment note will be formed.

6.1.2.4. Readiness to deliver the shipment specified in the Order to the Carrier’s courier.

6.1.2.5. Absence of prohibited goods in the shipment.

6.1.3. After that, the customer is Sent a notification containing the unique number of The shipment and a link to print the invoice for this Shipment, and the Order is considered accepted for execution. 6.1.4. Confirmation of receipt of the Shipment is the signature of the Carrier’s representative on the Invoice, one copy remains with the Customer.

6.1.5. When providing services for a transport expedition or organization of international transport - acceptance of The shipment for delivery is accompanied by the Sender’s delivery of the accompanying documents that are usually required by state authorities on the way (bill of lading, invoice, etc.) and for customs clearance (invoice filled in English and customs Declaration, which is filled in Russian). 6.2. Receipt of the shipment:

6.2.1. Confirmation of receipt of the Recipient’s Shipment Is the Recipient’s signature with a transcript on the Invoice. In some cases, at the request of the Carrier’s representative, the Recipient must provide the Carrier’s representative with a copy of a certified copy of the power of attorney to receive the shipment. If the power of attorney is not provided, the Carrier’s representative has the right not to deliver the Shipment to the recipient. In this case, it will be considered a failure due to the Fault of the customer.

6.2.2. One copy of the Invoice is handed to the Recipient, and the Second copy is kept by the customer. The Operator still has an electronic copy of the Invoice for the Customer’s shipment.

6.2.3. The service for the delivery of the Shipment is considered to be rendered qualitatively, in full with the moment when the recipient accepted the Shipment.

6.2.4. If there are any complaints about the quality or volume of services provided by the contractor, the Customer has the Right to send written comments to the Operator within one week from the date of Delivery of the shipment to the Recipient.

6.3. Undelivered, non-received and rejected shipments:

6.3.1. If the delivery attempt fails to deliver the Shipment to the Recipient or The Recipient refuses to accept it, the Operator immediately contacts the Customer to make a decision on further actions. Information about the resolution of the situation is expected within 5 business days, not including the day of notification, after which the Shipment is returned to the Sender at the expense of the Customer.

6.3.2. Not delivered and not received Shipment received for temporary storage by the Carrier at destination terminal. The period of free temporary storage of Shipments is determined by the Carrier chosen by the customer. In the absence of the Operator’s fault, the Customer is obliged to reimburse the Operator for the costs incurred in connection with forwarding, storage, destruction, return of The shipment and repeated deliveries in accordance with The tariffs of the Carrier chosen by the Customer.

6.3.3. Unclaimed Items are stored for the period set by the Operator selected by The customer. If the Operator was unable to deliver due to the lack of necessary documents to comply with customs formalities, the Operator immediately informs the Customer.

6.3.4. If, within the period set by the Operator, the reasons why the Shipment cannot be delivered are not eliminated, the Operator returns the shipment or arranges the destruction of the Shipment on behalf of and at the Expense of the customer.

6.4. Terms of service delivery:

6.4.1. The delivery Terms specified on the website of the electronic service and when forming the Order are indicative and can be adjusted by the Carrier chosen by the Customer at the time of Order confirmation.

6.5. Cost of services:

6.5.1. Carrier rates are Presented on the website of the electronic service and on the Websites of carriers. The estimated cost of services is determined based on the tariff of the Carrier chosen by the Customer, which will be used for Transportation of the shipment. The final cost of delivery services is Calculated based on the provision of services to the Customer, taking into account the control weighing of the Shipment and all additional services provided to the Customer during the Delivery of the shipment.

6.5.2. If the Cost of services is reduced, the difference between the actual cost and the prepayment is returned to the Customer’s personal account.

6.5.3. If the Cost of services has increased, the Customer is sent an invoice for payment of services.

6.6. Payment for services:

6.6.1. Payment is made in Kazakhstan tenge by Bank transfer to the Operator’s account:

6.6.2. For legal entities in accordance with the procedure established by the agreement concluded between the Customer and the Operator.

6.6.3. For individuals, payment is made upon full Prepayment of services made by credit/debit card and other cards or by the methods specified on the website of our payment acceptance partner. Security, confidentiality, and other terms of use of payment methods selected by the Customer are regulated by agreements (agreements) between the customer and the relevant payment organizations.

6.6.4. Non-residents of the Republic of Kazakhstan have the right to make payments in US dollars or Euros.

6.6.5. On the issued additional invoice for prepayment of additional services, if without their provision it is impossible to deliver the Customer’s shipment, which must be paid within 10 (ten) calendar days from the date of issue. In this case, the delivery of the Customer’s shipment is suspended until it is fully paid. If the Customer has not paid the additional invoice within the specified period, the shipment will be disposed of.in this case, the money paid by the Customer for the delivery of The shipment will not be refunded.

7. LIABILITY of the PARTIES

7.1. The Carrier is liable for loss, damage to the Shipment, damage to the Shipment or the Goods included in the Shipment, violation of delivery terms For violation of the terms of transfer of the amount due to The customer in the amount determined by the Contract with the Customer.

7.2. Compensation for damage caused by the Carrier to the Customer by loss or damage to the Goods to be issued shall be made in the manner agreed by the Parties in each specific case. If the Parties do not come to an agreement on the method of compensation for such damage, the damage is compensated in cash.

7.3. In case of loss or damage to the Shipment, the Carrier is liable to the Customer in the amount of the cost of The shipment or the cost of the Goods included in the Shipment. In case of loss or damage of the insured shipment (with the declared value) The operator is liable to The customer in the amount of the declared value, but not higher than the really documented value of the investment, while the cost of the tariff fee for delivery and insurance of The shipment is not reimbursed to the Customer.

7.4. The operator, being a Portal and an organization that provides electronic services in accordance with this Offer, is not responsible for the timing and safety of Shipments. All and any claims regarding Shipments can be sent to the Operator, but in order to resolve disputes, the Operator will forward these claims to the Carrier and the corresponding Carrier is responsible for the Shipments.

7.5. The customer is responsible for:

7.5.1. For the transfer of the Operator incorrect data on Shipments and Recipients.

7.5.2. In accordance with the legislation of the Republic of Kazakhstan, the Customer bears criminal, administrative and other liability for damage caused to Recipients or employees engaged in processing Shipments, as a result of the attachment of items and substances prohibited for shipment, or as a result of improper packaging of the forwarded attachment.

7.5.3. In case of violation of the terms of the agreement, funds are payable only after a written statement of claim by the party whose rights were violated. The claim review period is 10 (Ten) business days.

7.5.4. In case of satisfaction of the claim, the Operator transfers funds to the Customer’s account, as compensation, within 10 working days from the date of making a decision on satisfaction of the Customer’s claim.

8. FINAL PROVISIONS

8.1. The operator is entitled at any time to amend these Terms and may publish new Terms in an electronic service. The operator notifies customers of such changes no later than the day of entry into force of such changes by posting the terms and Conditions on the Electronic service. Continuing to use the services after changes are made means that You accept these changes.

8.2. In case of questions and complaints from the Customer, the customer must contact the Operator with a Written claim. The operator must send a written response within 10 (ten) calendar days of receiving it.

8.3. Disputes arising between the Parties in connection with the performance of this Agreement shall be resolved through negotiations. If it is impossible to resolve disputes and disagreements through negotiations, the Parties submit them to the court for consideration in accordance with the regulatory legal acts of the Republic of Kazakhstan.

8.4. In all other matters that are not provided for in these Terms, the Parties are guided by the legislation of the Republic of Kazakhstan.

BESTSENDER LLP BIN 141240024301 info@bestsender.kz