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Terms and Conditions

(Agreement for the Purchase and Sale of Gift Certificates, Subscriptions, Cash Cards, and Advance Service Booking)

1. Regulatory Provisions

This document is regulated by the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the CC RK) and constitutes an official public proposal (offer) of “SM Group LTD” LLP.

Article 395. Offer

  1. An offer is recognized as a proposal to conclude a contract made to one or more specific persons, if it is sufficiently definite and expresses the intention of the person making the proposal to consider themselves bound in the event of its acceptance. A proposal is sufficiently definite if it specifies the essential terms of the contract or the procedure for determining them.

  2. An offer binds the person who sent it from the moment it is received by the addressee. If a notice of revocation of the offer is received earlier or simultaneously with the offer itself, the offer is considered not received.

  3. An offer received by the addressee cannot be revoked during the period established for its acceptance, unless otherwise provided in the offer itself or follows from the substance of the proposal or the circumstances in which it was made.

  4. Advertising and other proposals addressed to an indefinite circle of persons are considered as an invitation to make offers, unless otherwise explicitly indicated in the proposal.

  5. A proposal containing all the essential terms of the contract, from which the will of the person making the proposal to conclude a contract on the terms specified in the proposal with anyone who responds is apparent, is recognized as an offer (public offer).

Article 396. Acceptance

  1. An acceptance is recognized as the response of the person to whom the offer is addressed concerning its adoption. Acceptance must be full and unconditional.

  2. Silence is not an acceptance, unless otherwise follows from a legislative act, custom of business turnover, or from previous business relations of the parties.

  3. The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified therein (shipment of goods, provision of services, execution of works, payment of the corresponding amount, etc.) is considered an acceptance, unless otherwise provided by legislation or indicated in the offer.

  4. If a notice of revocation of the acceptance is received by the person who sent the offer earlier or simultaneously with the acceptance itself, the acceptance is considered not received.

2. General Provisions

  • Seller/Provider — “SM Group LTD” Limited Liability Partnership (BIN 210340024229).

  • Buyer/Client — any legally capable individual placing an order and/or making a payment on the website https://asiathaispa.kz/.

  • Website — the official internet resource of the Seller, located at https://asiathaispa.kz/.

  • Product — Gift Certificates, Subscriptions, Cash Cards of the spa salon available for purchase on the Website.

  • Acceptance of the Offer — full and unconditional acceptance of the terms of this Offer by the Buyer by filling out the order form on the Website and making a 100% prepayment for the Product through the online payment terminal of the bank. The Agreement is considered concluded from the moment the payment is successfully processed.

3. Subject of the Agreement

3.1. The Seller undertakes to transfer ownership of the Product (Gift Certificate, Subscription, or Cash Card) to the Buyer, and the Buyer undertakes to pay its cost in accordance with the terms of this Agreement.

3.2. This Agreement also regulates the procedure for advance online booking of time for the provision of spa services on the Website.

3.3. Important Condition: The online payment terminal on the Website is used exclusively for the remote purchase of Products (Certificates, Subscriptions, Cash Cards). The massage services and spa treatments themselves cannot be paid for in advance through the online terminal of the Website; their payment is made by the Client physically at the cash desk of the salon branch on the day of service provision.

4. Terms and Conditions of Service Provision

4.1. Product Delivery: After successful online payment on the Website, the electronic version of the purchased Product (Certificate/Subscription/Card) is automatically sent to the Buyer via WhatsApp messenger to the number specified in the order form.

4.2. If the Buyer does not use WhatsApp messenger, they shall indicate a contact phone number for communication in the form. In this case, the salon manager will contact the Buyer to manually issue and send the Product in a way convenient for the Buyer.

4.3. Validity Period: Any purchased Product (Gift Certificate, Subscription, Cash Card) is valid for 3 (three) months from the date of purchase. Upon expiration of this period, the Product is canceled and becomes void.

4.4. Time Booking: Activation of the Product and receipt of spa services are carried out strictly by appointment. Filling out the time booking form on the Website constitutes a final booking. After successful booking, an additional notification (via SMS or messenger) confirming the date and time of the appointment is sent to the Client’s number.

4.5. In case of a no-show by the Client for the procedure at the booked time (provided that the validity period of the Product has not expired), penalties and deductions are not applied. The Client retains the right to use the Product on any other day within its total 3-month validity period by making a new preliminary appointment.

5. Cost of Services, Payment Procedure, and Refund Policy

5.1. The cost of the Products is indicated on the Website in the national currency of the Republic of Kazakhstan — tenge (KZT).

5.2. Payment Procedure: Payment for the Product is made in the form of a 100% prepayment. After filling out the order form and clicking the submit button, the Client is automatically redirected to a secure page of the authorized acquiring bank to complete the transaction.

5.3. Refund Policy: A refund for the purchased Product (Gift Certificate, Subscription, Cash Card) is possible within 14 (fourteen) calendar days from the date of purchase, provided that this Product has not yet been used (activated). After 14 days, funds paid for the Product are non-refundable. Refunds are made strictly to the same bank card from which the payment was originally processed.

6. Rights and Obligations of the Parties

6.1. The Seller is obliged to:

  • Transfer the paid Product to the Client in accordance with the procedure provided for in paragraphs 4.1 and 4.2.

  • Ensure the confidentiality of data received from the Client.

    6.2. The Buyer is obliged to:

  • Provide accurate and valid data when filling out forms on the Website (name, phone number).

  • Use the Product strictly within its validity period (3 months).

    6.3. Collection and Processing of Personal Data: By filling out forms on the Website, the Client gives consent to “SM Group LTD” LLP for the collection, processing, and storage of their personal data (name, phone number) in accordance with the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”. The data is used for the manager to communicate with the Client, as well as for sending marketing newsletters about current promotions or offers of the salon. The Seller undertakes not to transfer personal data to third parties.

7. Liability of the Parties

7.1. For non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Republic of Kazakhstan.

7.2. The salon is not liable for the Client’s failure to use the Product within the established 3-month period for reasons beyond the salon’s control.

8. Dispute Resolution

8.1. All disputes and disagreements arising during the execution of this Agreement shall be resolved by the Parties through negotiations and sending written claims.

8.2. In case of impossibility to reach an agreement, disputes are subject to consideration in court at the location of the Seller (Almaty) in accordance with the legislation of the Republic of Kazakhstan.

9. Validity Period and Other Conditions of This Agreement

9.1. This Offer comes into force from the moment it is posted on the Website and is valid indefinitely until its revocation or amendment by the Seller.

9.2. The Seller reserves the right to change the terms of the Offer unilaterally. New terms come into force from the moment of their publication on the Website.

10. Requisites

Seller: “SM Group LTD” LLP

Legal Address: Republic of Kazakhstan, Almaty, Gagarin Avenue, 287, office 194

BIN: 210340024229

IIK (IBAN): KZ85722S000012255620

BIK: CASPKZKA

Bank: in “KASPI BANK” JSC