Offer agreement

Public offer for the self-service laundry services

When paying for short-term paid hourly rental of washing or drying equipment, you agree with applicable terms of equipment use and accept the terms of the self-service process.

AGREEMENT AND TERMS OF SERVICE

The information posted on the website www.laundromat.kz contains terms of the self-service laundry services and is a public offer in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan

In its activities, laundromat.kz self-service laundry is guided by the provisions of the Civil Code and other applicable law of the Republic of Kazakhstan.

This agreement and terms are a public offer – a proposal to enter into agreement on the terms set forth therein.

Terms and Definitions

Washateria Limited Liability Partnership, represented by the current director on the basis of the Charter, on the one part, and the person accepting this offer, on the other part, have entered into this agreement for short-term hourly paid rental of equipment as follows:

1.1. In this Agreement, unless the text expressly implies otherwise, the following terms will have the following meaning:

“Agreement” shall mean this Equipment Rental Agreement.

“Client” shall mean a legally capable individual who has entered into the Agreement.

“Equipment” shall mean Laundry equipment (washing and drying machines) located in the Premise.

“Abandoned items” has the meaning specified in clause 8.2 of the Agreement.

“Premises” – self-service laundry stations Laundromat.kz

“Terms” shall mean the terms of Equipment use posted on the website

“Internet” shall mean www.laundromat.kz

“Washing” shall mean physical and chemical process for cleaning textiles (clothes, bed linen, curtains, etc.) using aqueous solutions of detergents: surfactants, enzymes, pigments, bleachers, etc. using Equipment.

“Drying” shall mean a process using special equipment i.e. electromechanical installation for drying textiles (clothes, bed linen, etc.), shoes, and headwear. Drum dryers consist of a rotating drum through which heated air circulates to evaporate the moisture of linen. The tumble dryer rotates to maintain air space between items. The use of these machines may cause clothing to shrink (due to the loss of short, soft fibers/lint).

“Website” shall mean a website on the Internet, located at www.laundromat.kz

“Service” shall mean “Washateria” Limited Liability Partnership, Service Phone for interaction with the Client in the manner specified in section 10 of the Agreement: phone number is indicated in each service point.

“Terminal” shall mean any payment solutions at the Service points to pay for services.

“Parties” shall mean Service and Client. The term “Party” shall be interpreted accordingly.

1.2. The titles of headings (articles) of the Agreement are intended solely for the convenience of using the text of the Agreement and have no literal legal meaning.

Conclusion of the Agreement

2.1. This document is an offer of the Service to enter into Agreement with a person who has opened the appropriate section for payment at the Terminal and followed a hyperlink to the page of the website on which the text of the Agreement is posted, on the terms specified in the text of the Agreement. Thus, the text of the Agreement is an individual offer.

2.2. This offer is available for acceptance within 5 minutes from the moment it is posted on the website.

2.3. This offer may be changed at any time, including before the deadline for acceptance or withdrawn by the Service by removing it from the website.

2.4. The proper acceptance of this offer in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan is the consistent implementation by the person to whom the offer is addressed of the following actions within the period specified in clause 2.2 of the Agreement:

2.4.1. familiarization with the terms of the Agreement;

2.4.2. payment of a fee in the amount and in the manner prescribed by clause 7.1 of the Agreement.

Subject of the Agreement

3.1. The Service undertakes to provide the Client with Equipment for temporary paid use.

3.2. The equipment is provided for the Client for Washing and Drying. The Client shall not use the Equipment in any other way.

3.3. The period of use of the Equipment corresponds to the selected program and the paid time from the date of the Agreement. If the Washing or Drying started during the specified period is not completed by the time of expiration, the period of use of the Equipment is extended until the end of the Washing or Drying.

Procedure for using the Equipment

4.1. The Client shall use the Equipment only in the Premises.

4.2. When using the Equipment, the Client undertakes to observe the Terms.

4.3. Before using the Equipment, the Client must make sure that there are no foreign objects in the drum of the Equipment, and if they are found, move such items to a place located in the Premise, specially designed for the abandoned items and marked accordingly.

4.4. Washing or Drying is started by closing the loading door of the Equipment, payment for Washing or Drying and pressing the START button. From the moment of launch, interruption or early completion of the Wash is not allowed.

4.5. Within 10 (ten) minutes after the completion of Washing or Drying, the Client must unload its clothes from the drum of the Equipment.

4.6. The Client has the right, at its discretion, to be in the Premise during the entire period of use of the Equipment. The Client understands and agrees that:

4.6.1. The Service does not restrict third parties from being in the Premise. The specified persons can get access to the Equipment and to the items of the Client left in the Premise or Equipment;

4.6.2. duties of the Service do not include the safety of the Client’s items loaded into the Equipment or left in the Premises, both during Washing and after it. The Service is not responsible for the loss or damage to the Client’s items, including as a result of the actions of third parties.

4.6.3. The Client independently takes all necessary measures in order to ensure the safety of his items.

4.7. The Client is prohibited:

4.7.1. dismantle and move the Equipment;

4.7.2. connect third party devices to the Equipment;

4.7.3. use own detergents;

4.7.4. disassemble the Equipment, as well as otherwise violate its integrity;

4.7.5. interfere with the Equipment operation;

4.7.6. clean the Equipment or troubleshoot.

Withdrawal of the Client from the Agreement

5.1. The Client has the right to withdraw from the Agreement within 10 (ten) minutes from the moment of conclusion of the Agreement and until the moment the Washing is launched by notifying the Service of such withdrawal in the manner prescribed by section 10 of the Agreement.

5.2. If the Client withdraws from the Agreement, including where provided for in clause 6.3 of the Agreement, the Client must unload his items from the Equipment within 10 (ten) minutes after the Service receives the Client’s notice of withdrawal from the Agreement.

Equipment failure

6.1. In the event of the Equipment failure, the Client must immediately notify the Service in the manner prescribed by section 10 of the Agreement. In this case, the Service has the right to replace the Equipment (if there is free equipment in the Premises), sending the number of the new Equipment to the Client in the manner prescribed by section 10 of the Agreement. The Client shall not refuse the Equipment replacement offered by the Service.

6.2. In case of replacement of the Equipment in accordance with clause 6.1 of the Agreement, the period of use of the Equipment specified in clause 3.3 of the Agreement is extended for a period of time from the moment the Agreement is concluded until the Service performs such replacement.

6.3. If the Service fails to replace the Equipment in accordance with clause 6.1 of the Agreement, the Client has the right to withdraw from the Agreement by notifying the Service in the manner prescribed by section 10 of the Agreement. Withdrawal from the Agreement is possible during the period of use of the Equipment specified in clause 3.3 of the Agreement.

Fee and payment procedure

7.1. The Client pays the Service a fee for the use of the Equipment in the amount corresponding to the rate in force at the time of conclusion of the Agreement. The fee is paid by the Client by bank transfer to the bank account of the Service via the Terminal directly in the Premises.

7.3. In the event that the Client or the Service withdraws from the Agreement, the Service refunds the paid fee to the Client within 3 (three) business days from the date of withdrawal.

7.4. The fee is returned by bank transfer of the appropriate amount of money to the Client’s bank account from which the fee was paid.

7.5. If it is impossible to return the fee in the manner prescribed by clause 7.3 of the Agreement, including as a result of termination of the bank card servicing, using which the fee was paid, the fee is refunded in cash at the location of the Service on business days from [10:00] to [18:00]. To return the fee, the Client must send to the Service an appropriate application in the form determined by the Service.

Items left by the Client

8.1. In case of violation by the Client of the obligation stipulated by clauses 4.5, 5.2 of the Agreement, the Service or third parties have the right to independently unload the Client’s items from the Equipment and move them to a place located in the Premises, specially designed for the left items and marked accordingly. The parties have agreed that the Client is deemed to have withdrawn from the ownership of the said items.

8.2. The Service does not store items left by the Client in the Equipment or the Premises, including if they were moved in accordance with clause 8.1 of the Agreement (hereinafter referred to as the “Abandoned Items”).

8.3. For the avoidance of doubt:

8.3.1. duties of the Service do not include the return of the Abandoned Items to the Client;

8.3.2. The Service is not responsible for the loss or damage to the Abandoned Items, including as a result of the actions of third parties.

8.3.3. The Service has the right at any time to dispose of (destroy) the Abandoned Items without reimbursement of their cost to the Client.

Responsibility

9.1. The Service does not guarantee that the use of the Equipment will give a result reasonably expected by the Client, including restoration of the sanitary and hygienic properties of items while maintaining their appearance.

9.2. The Client independently determines the Washing parameters and bears all the risks associated with the choice of such parameters, including the risks:

9.2.1. damage to items, in particular as a result of coloring or other chemical/mechanical effect;

9.2.2. preservation of dirt or high residual moisture of items.

9.3. Without prejudice to the validity of clauses 9.1, 9.2 of the Agreement, the responsibility of the Service in any case is limited to compensation for actual damage caused to the Client, and shall not exceed the amount of fee paid by the Client.

Procedure for sending legal communication

10.1. When expressly provided for by the Agreement, all legal communication between the Parties may be sent by telephone to the following phone numbers:

10.1.1. for the Service – phone number specified at the stations.

10.1.2. for the Client – phone number from which the Client sent the first legal communication to the Service.

10.2. For each interaction with the Service in the manner prescribed by clause 10.1 of the Agreement, the Client must advise the Service of the Agreement number. If the Client fails to fulfill the specified obligation, the corresponding legal communication of the Client is not deemed to be received by the Service. The Client agrees that for the purposes of this section of the Agreement, any person who communicates the Agreement number is deemed to be acting on behalf of the Client.

10.3. The Service has the right to record telephone conversations with the Client and store such a record in order to analyze and improve the service.

Settlement of disputes. Applicable law

11.1. The Parties will seek to resolve through negotiation all disputes, disagreements and claims that may arise in connection with the conclusion, execution or termination of the Agreement, the recognition of the Agreement as invalid or not concluded. The Party that has claims and/or disagreement shall send a written message to the other Party specifying the claims and/or disagreements that have arisen, attaching documents supporting the claims. In this case, the Client must indicate the number of the Agreement in such a message.

11.2. The Agreement, its interpretation, validity and conclusion, rights, obligations and claims arising from or in connection with this Agreement are governed by the law of the Republic of Kazakhstan.

Final provisions

12.1. Recognition by the court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.

12.2. The Client acknowledges that he has read all the provisions of the Agreement, understands and accepts them.