of March 11, 2022 No. 136-HK
About approval of Rules of retail trade out of trade places by network marketing, public distributors, sale by mail and other methods
According to item 4 of article 12 of the Law of the Republic of Kazakhstan "On regulation of trading activity" PRIKAZYVAYU:
2. To provide to committee of trade of the Ministry of Trade and integration of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on Internet resource of the Ministry of Trade and integration of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.
The deputy prime minister of the Republic of Kazakhstan is the Minister of Trade and integration of the Republic of Kazakhstan
It is approved
Ministry of Finance of the Republic of Kazakhstan
It is approved
Ministry of national economy of the Republic of Kazakhstan
Approved by the Order of the Deputy prime minister of the Republic Kazakhstanministr of trade and integration of the Republic of Kazakhstan of March 11, 2022 No. 136-HK
1. These rules of retail trade out of trade places by network marketing, public distributors, sale by mail and other methods (further - Rules) are developed according to item 4 of article 12 of the Law of the Republic of Kazakhstan "On regulation of trading activity" (further - the Law) and determine procedure of retail trade out of trade places by network marketing, public distributors, sale by mail and other methods.
2. State bodies, and also the subjects of trading activity performing retail trade out of trade places by network marketing of public distributors, sale by mail and other methods, are guided in the activities by the Law, regulatory legal acts of the Republic of Kazakhstan regulating trading activity and these rules.
3. These rules do not extend to the relations on turnover of separate types of goods which are regulated by special legal acts of the Republic of Kazakhstan.
4. In these rules the following basic concepts are used:
1) other methods of retail trade - retail trade out of trade places through means of telecommunications, electronic communication, including the electronic Internet and different ways which are not contradicting the legislation of the Republic of Kazakhstan;
2) the order - the document sent by the customer to the seller in whom firm intention to purchase certain goods (services) is expressed the requirements necessary for purchase making are stated (quantity and goods quality, the price, delivery date and another), the deadline of the answer of the seller is specified, in case of receipt of unconditional confirmation of the request by the seller during this term, the agreement is considered the prisoner and becomes binding upon both parties;
3) public distributors are the sellers or agents who are directly working with potential buyers by means of goods offering at home in organizations, the organizations, the companies, transport which income depends only on sales volume;
4) network marketing - kind of retail trade out of trade places in which the independent sellers extending goods independently or by means of involvement of other agents act their income consists of the income from personal sales and commission charges from sales of other agents involved by them in network.
5. The range of goods sold by means of retail trade out of trade places by network marketing of public distributors, sale by mail and other methods, it is determined by the seller.
6. Each commodity unit is packed, packed up if other is not established by the legislation of the Republic of Kazakhstan or the agreement, or does not follow from the nature of the goods.
The seller by agreement with the buyer renders additional services in packaging of goods in special container (baskets, boxes, polyethylene bags and other), completes orders in gift registration, renders goods delivery services.
The payment for completing of the order, expenses on the goods delivery to the buyer, and also for rendering other additional services joins in order cost.
7. If legal acts of the Republic of Kazakhstan set age limit of the consumer in case of sale of any goods, then the seller refuses sale if the buyer did not show the documents confirming its age.
8. The buyer to whom the goods of inadequate quality are sold if its shortcomings were not stipulated by the seller, at the choice requires replacement of poor-quality goods with goods of proper quality, proportional reduction of purchase price of goods, non-paid remedial action of goods in the terms established by the legislation of the Republic of Kazakhstan, expense recovery on remedial action of goods or refusal of agreement performance and return of the sum of money paid for goods.
9. Acceptance, issue and delivery of orders are made in time approved with the buyer.
10. Order placement, acquired by network marketing, public distributors, mail, is made on forms in duplicate where are specified sequence number of the order, the name or surname, name, middle name (in case of its availability) the seller, the name, the price, quantity, total cost of goods, cost of in addition provided services, date and time of acceptance and execution of the order, surname, name, middle name (in case of its availability), the signature and the address of the buyer, and also other agreed terms.
11. When completing of the taken order the seller does not make change to range of goods without approval of the buyer. Any of the ordered goods the seller warns the buyer about absence and offers it the corresponding replacement.
12. By transfer of the order to the buyer the cash (commodity) register receipt or other payment document confirming payment of goods is issued.
13. To the buyer who paid the order previously, but did not receive it at the scheduled time the money paid to them returns if other is not provided by the agreement, and also the damages caused by untimely delivery of goods according to the Civil code of the Republic of Kazakhstan are paid.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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