TERMS OF SERVICE
approval date: 15 March 2019
date of posting on the website: 15 March 2019
valid from: 15 March 2019
This user agreement of "Kristal LTD" LLC, TaxID: 1500151761 (hereinafter called "Kristal LTD") comes into force from the moment you agree to its terms by placing an order or sign up on ipeksu.az.
1. Subject of the User Agreement
1.1. Kristal LTD offers its services on terms and conditions forming the subject of this user agreement
1.2. The agreement can be amended by us without any special notice. The new edition of the Agreement comes into force 3 (three) days after the date of its publication, unless otherwise provided for in the new edition of the Agreement. The current edition of the Agreement is available at: https://ipeksu.az/en/terms-and-conditions
2. Description of services
2.1. Kristal LTD is a delivery service that offers users a wide range of possibilities for fast and simple search and order of ready meals (hereafter called services) realized by Kristal LTD, and also accepts money from Users for payment of orders.
2.2. The mentioned services are of an informational nature and are rendered to the User free of charge.
2.3. The user agrees that Kristal LTD is responsible for the quality of delivered products, delays, failures, incorrect or untimely delivery, and is not responsible for the removal or non-preservation of any personal data of a user.
2.4. In order to use the services of Kristal LTD, you need a computer/other electronic device with Internet access (WWW).
2.5. The user independently makes an order on the Website.
2.6. The user pays the order by one of the available methods:
2.6.1. By cash immediately upon receipt of the order, bank card or other methods
2.6.2. Online payment on the Website of Kristal LTD by VISA/MasterCard through the "MilliKart"/"Pashabank" payment system. All additional costs of money transfer for the order are defrayed by the User.
Choosing online payment after placing the Order, the User will be redirected to the secure payment page of "MilliKart" (millikart.az) or "Pashabank" (pashabank.az), where he/she needs to enter his/her bank card details. The 3D secure protocol is used for additional cardholder authentication. If the User's Bank supports that technology, the User will be redirected to its server for additional identification. Information about the rules and methods of additional identification can be specified by the User at the Bank that issued his/her bank card.
The amount presented for payment is only the value of the Order. The value of services (such as a possible shipping premium) is charged separately upon the receipt of the Order.
In case of changing the composition of the Order, or its final price, as well as in case of a need for additional payments (for the delivery of the Goods or for rendering other extra services), the mutual settlements for the execution of the Order shall be carried out as follows:
- in case of an increase in the value of the Order, as well as in case of a need for payment of extra services not initially included in the Order - payment of additional amounts is made by the Customer to the courier from Kristal LTD upon the receipt of the Goods;
- in case of a decrease in the value of the Order, as well as in the case of partial or complete refusal of the Customer from the Order processed in accordance with these Terms, the value difference is returned to the Customer by Kristal LTD within three banking days. Refunds are made to the Customer's card from which the value of the Order was paid.
2.6.3. Cases of refusal to make the payment:
- the bank card is not designed to make payments via the Internet, which you can learn by asking your Bank;
- there is not enough money on the bank card for payment. You can find out more about the availability of funds on the bank card by contacting the bank that issued the card;
- incorrect bank card details were entered;
- the validity of the bank card has expired.
The validity period of the card is usually shown on the front face of the card (i.e. the month and year until which the card is valid). You can find out more about the validity period of the card by contacting the bank that issued the card;
"Millikart" LLC/"Pashabank" OJSC protects and processes the card data of the User according to the PCI DSS 2.0 security standard. The transfer of data to the payment gateway is realized by SSL encryption technology. Further data transfer is realized through closed banking networks with the highest level of reliability. "Millikart" LLC/"Pashabank" OJSC does not transfer the card data of the User to Kristal LTD or other third parties. The 3D Secure protocol is used for additional cardholder authentication. The security of Internet payment process is guaranteed by "Millikart" LLC/"Pashabank" OJSC. All operations with payment cards is realized in accordance with the requirements of VISA International, MasterCard and other payment systems. While transferring information, special security technologies for card online payments are used and data is processed on a secure high-tech server of the payment processor.
In case of having any questions regarding a made payment, the User may contact the customer support service:
"Millikart" LLC: +99412 431 2202 or short number *8893
"Pashabank" OJSC: +99412 496 5000 or short number *9123
2.7. In case of the User's refusal from the Order, or of a violation of the Kristal LTD's terms of product sale, including but not limited to: in the case of unilateral refusal to sell products, violation of the delivery term or product quality inconsistencies, etc., the User is obliged inform Kristal LTD within 24 hours from the time of delivery/receipt of the Order, by e-mail address email@example.com or the phone number +99412 514 1414 about his/her refusal of the Order, submit documents supporting the payment of the Order and a refund request letter, and demand to return paid money.
Refund is realized within 10 (ten) days after the date of payment of the Order. Upon the expiry of 1 (one) day after the payment of the Order, if Kristal LTD does not receive a notice from the User about the refusal of the Order and refund, the Order shall be deemed completed, the payment for it shall not be refunded. Money paid by the User through the Website by a bank card is refunded only to the card from which the payment was made.
2.8. Kristal LTD has the right to refuse the User to place the Order by "cash or card to the courier" payment method if the previously placed Orders of the User have not been delivered due to his/her fault (for instance, if the User did not open the door to or not answered the call of the courier delivering the Order, or the User indicated a nonexistent delivery address etc.).
2.9. Transactions by bank cards are authorized by the bank. If the bank has a reason to suspect that the transaction is fraudulent, then it has the right to refuse to carry out this transaction. The fraudulent transaction with bank cards is a criminal offense.
2.10. In order to avoid fraud during the payment by bank cards, payments made by bank cards can be checked by Kristal LTD within the available possibilities. The User who made such payment must provide a copy of the required documents confirming the legitimate use of the bank card at the request of Kristal LTD.
3. Obligations to sign up and use the site
3.1. Signing up on the website of Kristal LTD is free and optional.
3.2. In order to use the services of Kristal LTD, the user agrees to provide true, accurate and complete information about himself/herself on the questions requested in the sign up form while completing the sign up form and agreeing with the terms of the Agreement.
3.3. If the User provides incorrect information or Kristal LTD has valid reasons to believe that the provided information is incorrect, incomplete or inaccurate, Kristal LTD has the right to stop or cancel the sign up process of the User and refuse him/her to use services.
4. Signing up, password and security
4.1. After signing up, the user receives a login and password to access his/her account (https://ipeksu.az/en/personal/).
4.2. The user is responsible for the security of his/her login and password, as well as for all actions performed on the website of Kristal LTD under his/her login and password.
4.3. The User agrees that he/she is obliged to immediately notify Kristal LTD of any unauthorized access to his/her login and password and/or any breach of security.
5.1. The website contains contents reserved by copyright - trademarks and other legally reserved contents (including texts, photographs and graphic images).
5.2. Moreover, the whole content of the website is reserved by copyright as a material created by collective creative work in accordance with the law of the Republic of Azerbaijan on copyright and related rights.
5.3. Kristal LTD owns the copyright to use the content of the website (including the right to select, post, systemize and convert the data contained on the website, as well as the original data), except the cases as separately noted in the content posted on the website.
5.4. The User has no right to make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products or otherwise use, wholly or partially, the content of the site.
5.5. The User undertakes to use the site only for lawful purposes.
5.6. The User undertakes not to post any materials of the following nature on the site and not to send any materials through / by the site:
- violating the law, containing threats and insults, discrediting others, violating the rights of citizens to private life or public order, being of obscenity nature;
- violating to one extent or another honor and dignity, rights and legally protected interests of other persons;
- Contributing or containing calls for incitement of religious, racial or ethnic hatred, containing attempts to incite enmity or calls for violence;
- as well as other materials that induce other persons to unlawful behavior, entailing criminal, civil and other liability or in any way violating the provisions of the law.
5.7. The User undertakes not to post on the site and do not send through the site materials that are advertising any goods or services, without obtaining the prior expressed consent of Kristal LTD.
5.8. The User undertakes not to use the site to advertise or otherwise promote the sale of any goods and services in any way.
5.9. The User undertakes not to upload, post or otherwise use any materials from the website protected by intellectual property laws (including copyright, trademark law), and other materials protected by law without obtaining the expressed permission of the holder of rights to the protected material. At the same time, the User is burdened with the proving that the placement of the materials on the site by the user does not violate copyright, related rights and other rights of third parties to the materials place.
5.10. Kristal LTD is not responsible for recalls published by the User.
5.11. Kristal LTD reserves the right to post comments on the User's recall. Kristal LTD reserves the right not to post User’s recalls violating Azerbaijani legislation and damaging the legitimate interests of third parties.
6. Ownership of Kristal LTD
6.1. The User acknowledges and agrees that the Kristal LTD service and all the necessary programs associated with it contain confidential information that is protected by intellectual property laws and other Azerbaijan and international laws. The User agrees not to modify, sell or distribute this content and programs, whether wholly or partially.
7.1. The User provides the following data while registering / ordering on the Kristal LTD Site: first name, last name, email address and / or contact phone number, shipping address of the order.
7.2. In order to fulfill this User Agreement, Kristal LTD develops, optimizes and introduces new functionality of the service (including products of information, advertising, entertainment and of any nature), as well as with the participation of affiliated persons and / or partners. To ensure the implementation of mentioned goals, as well as to inform Users about services, to promote Kristal LTD products and services, to conduct electronic and message polls, to allow the User receive customized (targeted) advertising, to control marketing campaigns, customer support, to arrange delivery of goods to Users, to conduct prize drawing among Users, to control User‘s satisfaction and quality of services rendered by the delivery service, verify, research and analyze such data. Upon the registration / order the User agrees and orders Kristal LTD to process the data, in compliance with the applicable legislation, as well as the results of automated data processing in the form of integer and / or text values and identifiers, their transfer to affiliated persons and / or partners for fulfillment of such processing instruction, and collect (receive) User data and other related to the User data from affiliated persons and / or partners.
Kristal LTD has the right to dispose statistical information related to the functioning of the Site.
7.3. Data associated with the User means information about technical means (devices) and methods of technological interaction with the Kristal LTD service and / or services of affiliated persons and / or partners (including host IP address, operating system type, browser type, geographic location, data on the provider, etc.), the activity of the User, as well as other data obtained by these methods.
7.4. Data processing means any action (operation) or set of actions (operations) performed by using automation tools or without using such means with personal data, including collection, recording, systematization, accumulation, storage, refinement (updating, modification), comparison, extraction, use, transfer to affiliated persons and / or partners of Kristal LTD, depersonalization, blocking, removal, destruction.
7.5. Kristal LTD has the right to send to User on its own behalf or via technical partners informational, as well as service and advertising messages, to the User's e-mail, mobile phone or through the services of Kristal LTD partners (social networks, messengers and others). The User has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the User about the order and the stages of its processing are sent automatically and cannot be rejected by the User. Refusal to receive advertising and other information is carried out by editing the User profile or by applying to the contact center or to the customer support department firstname.lastname@example.org. The User has the right to revoke consent to the processing of personal data by sending the relevant application with the request to stop servicing his/her profile to the contact center or to email@example.com customer support department.
7.6. Kristal LTD has the right to use the technology of "cookies". "Cookies" do not contain confidential information, and Kristal LTD has the right to transmit information about “cookies” to Partners, agents and third parties who have agreements concluded with Kristal LTD to fulfill obligations to the User and for the purposes of statistics and optimization of advertising messages.
7.7. Kristal LTD receives information about the IP-address of the ipeksu.az. Site visitor. This information is not used to identify the visitor.
7.8. Kristal LTD is not responsible for the information on the Site provided by the User in a public format.
7.9. Kristal LTD has the right to record telephone conversations with the User. At the same time, Kristal LTD undertakes to prevent attempts of unauthorized access to information received during telephone conversations and / or its transfer to third parties not directly related to the execution of orders.
8. General Provisions
8.1. This Agreement is regulated by the norms of the Azerbaijani legislation.
8.2. All possible disputes over the Agreement are resolved according to the norms of the current Azerbaijani legislation.
8.3. Due to the gratuitousness of the terms of this Agreement, the consumer protection rules cannot be applicable to the relationship between the User and Kristal LTD.
8.4. Nothing in the Agreement can be understood as establishing between the User and Kristal LTD agency relations, partnership relations, joint activity relations, personal hiring relations, or any other relations not expressly provided for in this Agreement.