TERMS AND CONDITIONS
The website ALMAZANKITCHEN.COM (hereinafter: Almazan Kitchen) is owned and operated by Almazan Kitchen d.o.o. Paracin, st. Kralja Petra Prvog 73/20, PIB: 110982748, MB: 21409898, registered main activity: 4649 – Wholesale of other household goods, web address: www.almazankitchen.com, e-mail: almaz[email protected] (hereinafter: Almazan Kitchen d.o.o. or Us).
The term Almazan Kitchen includes the website almazankitchen.com and all profiles and business profiles on any and all social networks, called Almazan Kitchen, which were initiated and maintained by Almazan Kitchen d.o.o.
These Terms and Conditions (hereinafter: Terms) apply to the use of website almazankitchen.com, other Internet services and social networks under the brand of Almazan Kitchen. With the first use of the website almazankitchen.com, we assume that you are fully familiar with these Terms, that you understand and accept them. Also, by purchasing our products through our online store, you accept these Terms.
For certain reasons, we may change the look and content of the website and these Terms, so please review them from time to time to be aware of possible changes. We will assume that your subsequent use of the Almazan Kitchen services constitutes your consent to any possible changes.
I USE OF ALMAZAN KITCHEN CONTENT
We allow the use of materials and content on Almazan Kitchen only for personal use.
WE WILL NOT ALLOW:
- use of any content or part thereof for commercial purposes, without our prior written consent which may be given in the form of an appropriate license. Commercial use is considered to be any use to make a profit directly (by selling, offering and / or advertising content containing materials published on any of the Almazan Kitchen services) and indirectly (using content on the Internet, on the platform on which they are published as paid ads, etc.);
- publishing, sending, uploading and / or exchanging content that violates applicable regulations, including untrue, offensive, threatening, coarse, violent, vulgar, racist and other hateful content of any kind, as well as content that violates other people’s copyrights and other intellectual property rights, unauthorized disclosure of data that constitute a business or other secret, private messages, personal data of a third party or violate personal rights and privacy of a third party;
- publishing, sending, uploading and / or exchanging content of which you are not the author, or the holder of copyright and / or other intellectual property rights to such content, in case that you do not have permission to use such content;
- posting, sending, uploading and / or exchanging content that violates the rights of children, the right to privacy of other users and third parties on Almazan Kitchen;
- explicit or covert advertising of any products or services on Almazan Kitchen;
- use the content and functionality of Almazan Kitchen in a manner that may cause damage to Us, other users, Our partners or any third party;
- impersonation for the purpose of threatening, manipulating, deceiving us, other users or third parties on Almazan Kitchen;
- posting, sending, uploading or exchanging unsolicited content to users or third parties without their prior consent or request, including multiple sending of materials of the same or very similar content (spam), chain letters, pyramid schemes, etc .;
- any interference with, or disablement of use of Almazan Kitchen for other users;
- knowingly posting, sending, uploading and / or sharing content containing computer viruses, worms, malicious computer code, files and programs that may interfere with, restrict or destroy any computer program or any computer and other electronical equipment;
- unauthorized collection, storage, transmission and use of personal data of Almazan Kitchen users.
- The above provisions also apply to video content.
Almazan Kitchen reserves the right not to publish or remove published content that is not explicitly related to the preparation and consumption of food and / or that violates the basic concept of the website and / or that highlights trademarks and service marks that are not owned by Almazan Kitchen d.o.o. and related companies and partners, and / or because the content is considered to be inappropriate .
By using Almazan Kitchen content, you agree that our editorial staff monitors whether the content you submit, post or share, complies with these Terms and applicable regulations. However, we do not review or process user content prior to posting.
As our monitoring is not systematic, we do not guarantee that the content appearing on Almazan Kitchen will be true or permitted in terms of these Terms, also we do not gurarantee that it will be available, nor do we guarantee the origin of such content.
In the event of publishing content that violates the basic concept and meaning of Almazan Kitchen and that causes or may cause any problems and / or conflict situations, without regard to permissibility of that content by the Terms, we reserve the right to remove it without explanation. depending on our assessment of the situation. In doing so, we strive to protect all users who visit the site in good faith for food, cooking and entertainment, but also to protect the editorial board from unforeseen, inadequate, perhaps malicious activities of those users who have registered for the wrong reasons.
If we determine that material submitted, published or uploaded by a user is in violation of the Terms and applicable regulations, our editorial board reserves the right to refuse to publish, modify or remove such material, without prior approval or notice.
Notwithstanding the right to monitor the content, you are personally responsible for the content you post or share on Almazan Kitchen.
By using the content of Almazan Kitchen, you agree that, to the fullest extent permitted by applicable law, Almazan Kitchen d.o.o. bears no responsibility for any actions or omissions in the publication, posting or exchange of such content or their possible consequences, nor liability for damages caused to other users or third parties due to the publication of such content.
In case of non-compliance with the provisions on content and activities from these Terms, all users and third parties will bear the appropriate legal consequences and will be liable for damages caused to us, other users or third parties caused by unauthorized activities or publishing or posting prohibited content.
CONTENT ON ALMAZANKITCHEN.COM
On almazankitchen.com we allow you to use different content and functions. Content is created by us and our associates and partners. We will use reasonable efforts to make the Almazan Kitchen and all content and features available to you at any time, in accordance with these Terms.
Interactive contents and functionalities. Almazankitchen.com has a lot of content, some of which is interactive and mostly related to content that represents our intellectual property, but is loaded from the services of our partners (eg video content that is on the Youtube platform owned by Google).
At almazankitchen.com you may also find information about our partners and their products or services in the form of ads, advertisements and links to their websites.
We will try to mark such content especially when the way of publishing it allows. Our editorial board reserves the right to monitor whether the content of our partners is in accordance with the Terms and applicable regulations. However, we do not guarantee the veracity, content, availability or origin of such content, as our monitoring is not continuous, nor do we control the content – especially that which appears on our site through the use of partner services (e.g. YouTube).
Posting the content of our partners to Almazan Kitchen does not imply that they represent our views, opinions or recommendations, nor that we agree or support them in any way. To the fullest extent permitted by applicable law, we disclaim liability for damages caused to other users and third parties in connection with the use of any content of our partners, as well as products or services available from or through our partners. If you have any questions or concerns regarding the content of our partners, please contact us via the contact link.
ADVERTISING CONTENT ON ALMAZAN KITCHEN
Advertising content (advertising messages, advertisements, banners, etc.), which our partners and other advertisers publish on the basis of a contractual relationship with us, may also appear on Almazan Kitchen. All contractual and other relationships you enter into with advertisers will be agreed directly with them. We are not involved in these relationships and do not give rise to any kind of liability for Almazan Kitchen.
We will make every effort to ensure that advertising through the Almazan Kitchen, including advertising through affiliate services used within our website, does not include advertising prohibited by law, especially advertising that violates human dignity, and that could cause physical, mental or other harm to children, as well as unethical advertising.
If we determine that such advertising occurs on Almazan Kitchen, we will immediately remove it. Also, we will not support advertising that misleads or is likely to mislead the persons to whom the advertising is directed and which is likely to influence the economic behavior of those persons.
To the fullest extent permitted by applicable law, we exclude liability for damages incurred by users or third parties in connection with advertising prohibited by law. Send all your comments and requests regarding the advertising content directly to the advertiser.
INTELLECTUAL PROPERTY RIGHTS
Materials whose content is protected by copyright (eg texts, photographs, drawings) and other intellectual property rights (patents, trademarks, etc.) appear on the pages of the Almazan Kitchen. Each user of the Almazan Kitchen website bears personal responsibility for respecting the copyrights and other intellectual property rights relating to the content available on the Almazan Kitchen website. Therefore, please read the contents of this section in order to fully respect the intellectual property rights of others. In case of any ambiguities or misunderstandings, contact Us via the contact link.
General rules. You may use intellectual property as a user only for your personal, non-commercial use. Almazan Kitchen d.o.o. is the holder of all intellectual property rights in the Almazan Kitchen Services, unless otherwise stated.
WE DO NOT ALLOW:
- use of the content on Almazan Kitchen for commercial purposes, including downloading, reproducing, renting, distributing, publishing to the public, public display and display without the prior written consent of Almazan Kitchen d.o.o .;
- that the content of Almazan Kitchen is used for the purposes of promoting or advertising any product or service without the prior written consent of Almazan Kitchen d.o.o .;
- that the content of Almazan Kitchen is used for the purpose of selling any product or service without the prior written consent of Almazan Kitchen d.o.o .;
- modification, translation, adaptation or any other processing of such content for commercial purposes without the prior written consent of Almazan Kitchen d.o.o.
By using Almazan Kitchen, you confirm that you are aware that the names, images, photographs, logos, trademarks, patents, graphics and other content, are protected by various intellectual property rights owned by Almazan Kitchen d.o.o. or third parties. Regardless of your use of the Almazan Kitchen service, you do not acquire the right to use the copyrighted work, trademarks or trademark of the service, designs, patents (license) or other rights owned by Almazan Kitchen d.o.o. or a third party. This also applies to any copyright work located on Almazan Kitchen, which is protected by the copyright of Almazan Kitchen d.o.o. or third parties, unless something else is explicitly stated on a particular work.
II ALMAZAN KITCHEN ONLINE SHOP
Almazan Kitchen strives to describe all products as accurately as possible. But also, Almazan Kitchen does not guarantee that all the information provided regarding the product is completely accurate, complete, reliable and error-free.
All product prices listed on the site are with VAT included. Almazan Kitchen undertakes to execute the order at the price that was valid at the time of creating the order and which is stated in the order confirmation, regardless of whether the price of the product changed after the creation of the order.
All payments for purchases made through almazankitchen.com will be effected in Serbian currency – Dinar (RSD).
In the case of displaying the price in another currency, the presented price is to be considered as an informative presentation of prices and that price is obtained by conversion into the currency at the middle exchange rate of the National Bank of Serbia.
The amount that your payment card will be charged for can be expressed in your local currency or EUR, USD, etc. through conversion into the same at the exchange rate used by card organizations, which cannot be known to us at the time of the transaction.
As a result of this conversion, there is a possibility of a slight difference from the price listed on our site and the amount actually charged to your account.
The Almazan Kitchen online store is open from 00-24h, 7 days a week. In case of technical problems or during regular or extraordinary maintenance of the online store, it may be unavailable for a short period of time, which you will be notified of, on the website almazankitchen.com.
Change (update) of data on the site
Severability: If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
- the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
- the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
An inapplicable or illegal provision will be replaced by another appropriate provision.
Terms of purchase on Almazan Kitchen online store
Almazan Kitchen is an online store that operates in accordance with the applicable laws regarding online/electronic commerce, contract law and all other applicable laws and regulations. The business of Almazan Kitchen d.o.o. is goverened by the laws of Republic of Serbia.
Detailed conditions of purchase are listed below. Please familiarize yourself with them before making a purchase:
To order products from the offer of the Almazan Kitchen online store, you need to follow the following steps:
- Find the product you want to buy
- Overview/Check your Cart content
- Enter data on the billing customer and place of delivery
- Review and confirm your purchase order
- Proceed to PayPal
1. Find the product you want to buy
When you find the product you want to order, select the “Add to Cart” button. This puts the product in your cart (just like in a classic store). Afterwords, you are free to continue browsing the products and you can add other products to the cart.
2. The Cart
You can view the contents of your cart at any time by clicking on the “shopping cart” icon in the upper right corner of the screen, which will open a side “window” with the contents of the cart and options for viewing the basket and payment.
In the cart view option, you can change the quantity of ordered products or remove products from the cart. After changing the contents of the cart in this way, be sure to click on the “Update cart” button.
When you have finished adding products to the cart and want to order them, select the “Payment” or “Continue payment” option. The payment page shows all the products you have added to your cart so far.
3. Enter data on the billing customer and place of delivery
In this step, you need to provide information about the customer and the address where the package needs to be delivered. Customer information is the information that will be listed on the invoice that will be sent to you along with the shipment. If you are buying as a natural person, state the data from your ID card as information about the customer. If you are ordering as a legal entity (company), you can optionally specify the company name.
If the billing information and the place of delivery information are different, you can click on “Deliver to another address”, which will open a form for entering data on another delivery address.
Delivery place information is the information where you want us to send the shipment. Please provide all the information as accurately as possible so that the couriers who deliver the shipment can find you as easily as possible. In case of incorrectly entered data, your shipment may be returned and delivery slower, for which Almazan Kitchen is not responsible.
4. Review and confirm your purchase order
Finally, before confirming the order, you can once again look at all its details: what you ordered, customer information, delivery address, how much are the shipping costs, what is the total price, etc..
If you agree with your order contents, select the confirm option – “Proceed to PayPal” button, by which the order will be created. An order overview and payment instructions are automatically sent to the entered email with the order confirmation.
5. Proceed to PayPal
By clicking on the “Proceed to PayPal” button you will be redirected to the PayPal website, where you will securely finish the payment of the order. You will afterwards be returned to the Almazan Kitchen website with the order confirmation.
If the payment is made via Pay Pal, any and all information about the process and the security of these transactions can be found on their website www.paypal.com
In case of return of goods and return of funds are also handled by PayPal. You can familiarize with the process if you visit https://www.paypal.com/us/smarthelp/article/how-do-i-request-a-refund-faq406.
Delivery of the ordered products from the order is done after your payment has been processed.
The delivery is handled by a post or courier service, suitable for delivery in your area.
Delivery costs are charged separately and depend on the weight of the package and the place of delivery. The delivery price is stated on the last page of the ordering process. You pay the delivery costs together with the products, so when you pick up the shipment, you only need to sign for the delivery.
The approximate time for which the shipment will be delivered to you depends on several conditions, such as the availability of the product in the warehouse, the workload of the courier service, delivery location etc.
As it is difficult to predict the exact day of delivery in practice, when ordering, it is necessary to enter your phone number, so that the delivery person can contact you and arrange the delivery of the goods.
4. REFUSAL OF ORDER AND REFUSAL OF DELIVERY
Almazan Kitchen reserves the right to refuse an order at any time and without explanation. Almazan Kitchen cannot be held liable for any kind of liability for refusing an order, and in particular is not liable for any type of damage – pecuniary or non-pecuniary, which the customer would consider himself/herself entitled to claim, based on the refusal of the order.
Almazan Kitchen reserves the right not to deliver the order at any time if there is a suspicion of abuse or violation of any of the Terms and Conditions. Suspicion of abuse or violation of any of the Terms and Conditions entails disabling new orders. Almazan Kitchen also reserves the right not to deliver the order at any time if there is a suspicion that the delivery of goods could endanger the physical or mental integrity of the employees delivering the goods, or third parties.
In case of rejection of the order or refusal of delivery, Almazan Kitchen will refund the payment within 180 days – if the payment has already been made, and according to the rules on refund, as regulated by the available general acts of Almazan Kitchen and PayPal.
5. DELAY OR IMPOSSIBILITY OF FULFILLMENT DUE TO “FORCE MAJEURE”
“Force majeure” means an external phenomenon that neither party could have foreseen or prevented. Force majeure includes, but is not limited to: armed conflict, hostilities, invasion, terrorism, civil unrest, ionizing and other radiation, radioactive contamination or other excessive forms of pollution, epidemics, pandemics and other forms of spread of infectious diseases, in connection with which an epidemic has been declared, in connection with which there have been restrictions on movement, work, etc., strike, blockade, embargo, any form of civil unrest that in any case affects the industry related to the services in question, specific incidents of extreme weather conditions, storms, earthquakes or any other large-scale natural disaster, as well as other unforeseen circumstances beyond the control of the parties against which it would be unreasonable for the affected party to take precautionary measures and which the affected party cannot avoid by effort, which in any case directly leads to either party beeing unable to fulfill all or a significant part of its obligations under these Terms;
Due to force majeure, there may be a delay in the fulfillment of the contract or the impossibility of fulfilling the contractual obligations.
Neither party shall be held liable for breach of contract (other than the obligation to pay for the goods delivered), nor shall it be liable to any other party for any loss or damage suffered by the other party, if such loss or damage is caused by force majeure, except to the extent that in any case there would be a breach of contractual obligations, or losses and damages would occur, even if no Force Majeure had occurred.
As soon as reasonably practicable after the effective date of the force majeure, or within a reasonable time after the cessation of the force majeure, either party invoking force majeure must provide the other party with adequate evidence of the nature of the force majeure and its impact on the performance of this contract. Evidence of the existence of force majeure does not need to be submitted if it is a generally known event.
Almazan Kitchen will ensure that it applies to itself, as well as to suppliers and business partners, the application of all reasonable steps within its powers and in accordance with the principle of good business (but without creating unreasonable additional costs) to:
- Anticipate and prevent possible consequences for contracts due to force majeure events that affect the performance of Almazan Kitchen’s obligations under this Agreement;
- Mitigate the effects of any force majeure event; and
- Respect his obligations under the contract.
The Parties shall consult each other and together on the above matters after the entry into force of force majeure.
In the event of force majeure for an uninterrupted period exceeding 180 days, the Contracting Parties shall endeavor to agree on any amendments to this Agreement, including but not limited to setting new prices and the Contracting Parties’ interest in reflecting the contract in force.
III LIMITATION OF LIABILITY
All content, including content that users directly post on the website or post on any Almazan Kitchen profile and in any form, is taken solely “as is” or “as available” and Almazan Kitchen is not responsible for the possible consequences, including any damage that may be inflicted on other users or third parties, which may result from different interpretations of the content found on the Almazan Kitchen. Despite reasonable efforts, we do not guarantee that Almazan Kitchen or all of our content will always be available and will not contain errors and computer programs that may harm other users or third parties (eg viruses, worms, etc.).
To the fullest extent permitted by applicable law, we exclude liability:
- for any damages caused to users or third parties due to the publication of prohibited content and other content on the website and social networks contrary to the Terms by users, third parties, sponsors, advertisers, etc .;
- for any damages caused or suffered by users or third parties in connection with the use of the Almazan Kitchen website and other Internet services and social networks, in particular in the event of misuse, destruction or damage to content or function, misuse of the user account, etc.;
- for damages caused to other users or third parties due to infringement of their copyrights or other intellectual property rights, due to the publication or posting of content by other users on the website, Internet services and social networks of Almazan Kitchen;
- for damages caused to users and / or third parties due to temporary unavailability of the Almazan Kitchen website, Internet services and social networks, or certain content or functions;
- for the damages caused by advertisers to the content of advertisements published on the website, Internet services and social networks, through their advertising pages available to users, which relate to the truthfulness and accuracy of this content, the availability of advertised products and services to users;
- for any damages caused to users or third parties by modifying or revoking certain content, functions, services, designs, concepts of Almazan Kitchen or the entire Almazan Kitchen “network”;
- for any damages caused to users or third parties, related to the use of third party websites, which can be accessed via links posted to the Almazan Kitchen.
- for damages caused by adequate or inadequate use of products purchased through the Almazan Kitchen web shop;
- for damages caused by the commission of criminal offenses in which Almazan Kitchen products were used as a means or object of execution;
- for any form of damages that could be associated with the Almazan Kitchen brand or our products even in the broadest interpretation.
IV VALIDITY AND CHANGES TO THE TERMS AND CONDITIONS
Almazan Kitchen reserves the right to revoke or amend any of the Terms and Conditions set forth herein at any time, if it deems it necessary. Any changes or cancellations to the Terms and Conditions will take effect immediately upon posting them on the Alamazan Kitchen website. If you continue to use the Almazan Kitchen website after the Terms and Conditions have been changed, you are deemed to have agreed to the new Terms. Almazan Kitchen is not obliged to inform you about changes in the Terms and Conditions.
Almazan Kitchen will not be liable for any possible consequences arising from changes to the Terms and Conditions of the Almazan Kitchen website.
V GOVERNING LAW
These Terms and Conditions, access to and use of the Almazan Kitchen website, as well as the purchases of products from the Almazan Kitchen web store shall be governed by and construed in accordance the laws of Republic of Serbia.
VI DISPUTE RESOLUTION AND JURISDICTION
All disputes arising from access to and use of the Almazan Kitchen website, as well as from the purchase of products from the Almazan Kitchen web store, will be resolved amicably by the parties, through negotiations.
In case of impossibility to resolve the disputed relations amicably, the local jurisdiction of the court is agreed, and the disputes will be resolved before the subject-matter competent court in Belgrade, Republic of Serbia.
Date of last revision: 16.03.2022.