Terms of Use

Welcome to the «Homestore» («Хоумстор») LLP websites, available at “home-store.kz”, (collectively, the “Site”). The Site are owned and operated by «Homestore» («Хоумстор») LLP. (“Homestore”). Please read these Terms of Use carefully before using the Sites. By accessing or using the Sites in any way, including, without limitation, browsing the Sites, creating an account, using any information, placing an order, and/or submitting your personal information to Homestore, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms of Use (these “Terms”).
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITES.
Last Updated: 10^th November, 2019 

1.Site Content

1.1. The contents of the Site are: ®Homestore’s. All rights reserved. The Sites contain copyrighted materials, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of each Site and the Content are copyrighted as a collective work under Republic of Kazakhstan copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use the Content as expressly authorized herein or in writing by Homestore. Neither these Terms nor your use of the Site transfers any right, title or interest in the Sites or the Content to you, and Homestore and its third party licensors retain all of its and their respective Intellectual Property Rights in and to the Sites and Content.

1.2. Except as provided in these Terms, you may not use, modify, republish, frame, print, display, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without the express written permission of Homestore. Requests for such permission should be made to “Homestore” (“Хоумстор”) LLP at zhandos@home-store.kz.

1.3. The Site are available worldwide to anyone with Internet access. However, the Sites may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site, including any advertising content, are intended for use and display only where their use and display are permissible in accordance with applicable laws and regulations.

1.4. Display of an item on the Site does not guarantee that an item is currently in stock or that it will be available on the Site when you visit again. Some merchandise featured on the Site may be available only in limited quantities or only while supplies last. Further, a reference to a product or service on the Site does not imply that such product or service is or will be available in your location or other Homestore physical stores.

1.5. Certain product, service, or company designations for companies other than Homestore may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Sites are the trademarks, registered or unregistered, of their respective owners.

2. User Conduct

You may not use the Site or Content for any purpose that is unlawful or prohibited by these Terms. By using the Site, including all Content and services available through it, you agree that you shall not:

2.1. delete, modify, hack or attempt to change or alter any of the Content on the Site;

2.2. use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties use of the Site;

2.3. use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;

2.4. use any Homestore names, service marks, or trademarks without our prior written consent, including without limitation as meta tags, search engine keywords, or hidden text;

2.5. use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

2.6. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

2.7. create a false identity for the purpose of misleading others;

2.8. provide false information on your account registration form, or impersonate someone else;

2.9. publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information;

2.10. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.

You will be responsible if you breach these terms of use and will reimburse us for any loss caused to us as a result of your misuse

3. Permissible Use

Except as indicated to the contrary elsewhere on the Site, you may view, copy, retransmit and print the Content available on the Sites subject to the following conditions:

3.1. the Content is used solely for personal, non-commercial informational purposes;

3.2. the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

3.3. all copyright, trademark and other proprietary rights notices included in the Content as presented on the relevant Site appear on all copies;

3.4. the Content is not modified or altered in any way; and

3.5. no graphics are used separately from accompanying text.

4. User Submission

4.1. By posting any User Submission, you grant Homestore a perpetual, non-exclusive, worldwide, irrevocable, royalty-free and fully sub licensable license to use, copy, print, display, reproduce, modify, edit, adapt, translate, publish, post, transmit, create derivative works from, incorporate into other works, and distribute such User Submission, and any ideas, concepts, know-how or techniques contained therein, in its entirety or in part for any purpose in any media, whether now known or hereafter developed without restriction and without compensation to you. You grant Homestore the right to use your name and likeness in connection with any such use of your User Submission(s), but we are not obligated to identify you in connection with any such use.

4.2. Homestore does not seek or accept unsolicited ideas or suggestions relating to the development, design, manufacture or marketing of our products. We also do not solicit or agree to pay for your creative ideas. If you choose to submit feedback, you acknowledge and agree that you do so voluntarily without creating any contract or confidentiality obligations. The content of your User Submission, including but not limited to remarks, suggestions, ideas, graphics or other content is and shall remain the sole property of Homestore.

4.3. You also certify that any person appearing in the User Submission has authorized Homestore to use copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the User Submission in its entirety or in part. You represent and warrant that you will not provide any User Submission to which you do not have the full right to grant the license specified in this Section 4. You represent and warrant that Homestore is free to exercise its rights to your User Submission(s) if it so desires, without obtaining permission or license from any third party and without reference to you or any other person. Homestore is not obliged to maintain back-up copies of any material submitted or posted on our site. You agree to indemnify Homestore and its employees, affiliates, and directors from any and all claims and losses, including attorneys’ fees, arising from any and all User Submissions you post and any failure to comply with the Terms.

5. Mobile Services

Homestore does not currently charge you for its mobile services, but your mobile device carrier may charge fees, such as text messaging and/or data usage fees, in connection with your use of Homestore mobile services.

6. Custom, Personalized and Special Orders

Custom, Personalized and Special Order items are not returnable or refundable. You have up to 1 business days from the date the order been placed to cancel a custom order and to claim refund. After 1 day custom orders may be refundable with by %40 of its initial sum, but this rule is not our obligation, we may grant it, for possibility of this you must contact.

7. Returns &Exchanges Policy

Please see the standalone Returns &Exchanges policy.

8. Delivery and Installment Policy

Please see the standalone Delivery policy and Installment Policy.

9. Instructions for use

Upon purchase of any good from Homestore physical stores or from the Sites, you are obliged to read instructions for use for that product/good and strictly follow the instructions. Reading and following these instructions, does not frees you from following common sense safety instructions. In no event shall Homestore, its directors, employees or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, revenue, data, goodwill or use, incurred by your wrong use of product/good, not following instructions for use, disobeying safety rules or etc.

Homestore will post Instructions for use regarding products advertised on the Sites or sold in Homestore physical stores, and you are obliged to read them before use. Homestore reserves the right to change, modify or withdraw these instructions for use at any time from the Sites.
Please see the standalone Instructions for use topic.

10. Try-it-at-home service

Please see the standalone Try-it-at-home service policy.

11. Homestore gift certificates

Please see the standalone Homestore gift cards policy.

12. Homestore discount cards and discount system

Please see the standalone Homestore discount cards.

13. Dry cleaning service

Please see the standalone Dry cleaning service policy.

14. Modifications to Terms

Homestore may change, modify, add and/or delete portions of these Terms from time to time by posting updated Terms on the Sites, which shall apply to your use of the Sites after such changes, modifications, additions and/or deletions have been posted and made effective. Please review these Terms periodically for any updates or changes. Your continued use of the Sites following the posting of any updates, additions, deletions and/or changes to these Terms means that you accept and agree to such updates and changes.

15. Termination or Modifications to Site

Homestore reserves the right to modify or terminate your access to the Sites (or portions of the Sites) at any time, temporarily or permanently, with or without notice to you. Homestore may also impose limits on certain features, services, or all or a portion of the Sites without notice or liability. Homestore may alter, suspend or discontinue the Sites in whole or in part at any time and for any reason, without notice. You acknowledge and agree that Homestore will not be liable to you or any third party in the event that Homestore exercises its right to modify or terminate access to the Sites or portions of the Sites

16. Your Privacy

Homestore will treat any information it collects from you in accordance with its Privacy Policy. Please see the standalone Privacy and Security Policy. Please review the Privacy Policy and Security Policy before you use the Sites. If you are unwilling to accept the practices outlined in the Privacy and Security Policy, we ask that you not use the Sites.

17. Copyright Infringement

Homestore respects copyrights of third parties. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at zhandos@home-store.kz or through the address set forth at the end of this page. When notifying Homestore of the alleged copyright infringement, please include all of the following information:

17.1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

17.2. Identification of the copyrighted work alleged to have been infringed;

17.3. a description of the material that is claimed to be infringing and information sufficient to locate the material on the applicable Site;

17.4. information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

17.5. a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by Homestore to infringe a copyright or otherwise violate any intellectual property rights, Homestore will remove or disable access to any such material.

18. Other Sites, Content, Products and Services

As a convenience to you, the Sites may run advertisements and provide links to web sites and access to content, products and services of third parties, including without limitation, Homestore affiliates and strategic partners and other entities (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Homestore accept no responsibility for the contents of any other websites to which this website has links or acts as agent and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of, or reliance on, any content, goods or services available on such sites.

19. Typographical Errors and Colors

Our goal is to provide complete, accurate, and up-to-date information on our Sites. Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. The Sites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Homestore therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

Prices displayed on the Sites are quoted in KZT currency and are valid and effective only in the Republic of Kazakhstan. Prices are subject to change at any time. In some cases, merchandise displayed on the Sites may not be available in Homestore physical stores. Stores may also have different prices or promotional events at different times. In the event that any merchandise or product offered on the Sites is mistakenly listed at an incorrect price, Homestore reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. Homestore reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Homestore will issue a credit to your credit card in the amount of the incorrect price.

In addition, we have done our best to display as accurately as possible the colors of the products shown on the Sites. However, because the colors you see will depend on the display and color capabilities of your device monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

20. Disclaimer

This website and its contents are provided to you on an “as is” and “as available” basis. We do not make and expressly disclaim to the fullest extent permitted by law any and all representations or warranties of any kind with respect to this website and its contents including without limitation its completeness, accuracy, fitness or suitability for any purpose or freedom from viruses.

We, our directors, employees and other agents shall not be liable for damages of any kind including without limitation, direct, indirect, special or consequential damages, loss of income or profits, loss of or corruption of data, loss of or damage to property or claims of third parties, arising out of or in connection with your use of this website. We are not responsible for any losses resulting from your use or the inability to use our website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control, nor that use of our website will be completely error free or uninterrupted.
We will not be responsible to you if we are unable to provide our Internet services for reasons beyond our control.

21. Limitation of Liability

IN NO EVENT SHALL HOMESTORE, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITES OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITES, OR ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF HOMESTORE HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, COMMUNICATIONS FAILURE, THEFT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT BODILY INJURY, PROPERTY DAMAGE, STRIKES OR ANY FORCE MAJEURE. YOU ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ANY AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES. YOU AGREE THAT ACCESS TO AND USE OF THE SITES AND SERVICES PROVIDED IN CONNECTION THEREWITH AND THE CONTENT THEREOF IS AT YOUR SOLE RISK.

22. Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of the Sites or the purchase of products from Homestore through the Sites requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Homestore intellectual property rights, Homestore may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the city of Astana. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all JAMS charges and fees associated with the arbitration.
BECAUSE USE OF THE SITES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Either party agreed upon:

1. Any disputes and / or controversies arising out of this contract (agreement), or in connection with it, shall be finally settled in the Kazakhstan International Arbitration in accordance with the Regulations.


2. The arbitration shall be conducted before three neutral arbitrators.


3. The place of arbitration (arbitration) proceedings is Nur-Sultan.


4. The language of arbitration (arbitration) proceedings will be Kazakh or Russian.


5. This contract (the contract) is governed by the substantive law of Republic of Kazakhstan.

 23. Acknowledgement

 You acknowledge

1. that you have read and understood these Terms; and


2. that these Terms have the same force and effect as a signed agreement.

24. General

Homestore may assign its rights and duties under these Terms without notice to you. You may not assign these Terms without the prior written consent of Homestore. If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Homestore failure to act with respect to a breach by any user using the Sites does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the Republic of Kazakhstan. In the event of any conflict between foreign laws, rules and regulations and those of the Republic of Kazakhstan, the laws, rules and regulations of the Republic of Kazakhstan will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. These Terms, the Privacy Policy, and any modifications to the foregoing constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

25. Contact Information

If you have any questions about these Terms, the practices of Homestore, or your dealings with the Sites, please contact us through one of the methods listed below.
E-mail: zhandos@home-store.kz

Address: “Saryarka” mall, 1^st floor, "Homestore" boutique, ''Homestore" LLP, Turan ave, 24, Nur-Sultan, 010000, Republic of Kazakhstan

Telephone: +7 7172 79 22 18