imbir — Thai Spa Classic

Certificate rules

Rules for the purchase, use and refund of Gift Certificates

at the Thai massage and SPA salons "Imbir Thai Spa Classic"

These rules govern the procedure for the purchase, use and refund of Gift Certificates at the Thai massage and SPA salons "Imbir Thai Spa Classic" listed on the Website www.imbir.kz (its sections and subdomains) (hereinafter — the Salon), and have been developed in accordance with the Law of the RK "On the Protection of Consumer Rights", the Code of the RK "On Taxes and Other Obligatory Payments to the Budget", Order of the Minister of Finance of the Republic of Kazakhstan No. 208 dated 16 February 2018 "On Certain Matters of the Application of Cash Registers", and the Law of the RK "On Personal Data and Its Protection".

  1. Terms and definitions:
    1. Application for the purchase of Gift Certificates — the Buyer's request to the Seller (on the Website www.imbir.kz (its sections and subdomains) or via the WhatsApp messenger, at the Salons at the addresses indicated on the Website www.imbir.kz (its sections and subdomains)) specifying the quantity and denomination of the Gift Certificates.
    2. Seller — LLP "Imbir Group".
    3. Buyer — a natural or legal person or individual entrepreneur who has paid the cost of the Gift Certificate in cash or by non-cash means.
    4. Services — the SPA procedures presented on the Website www.imbir.kz (its sections and subdomains), aimed at cleansing and relaxing the body using various techniques (hammam, sauna, (cleansing) peels, soap scrubbing, chocolate wraps, SPA body care, non-medical body massage) that help relieve stress, gain a healthy appearance and enjoy the experience.
    5. Gift Certificate — a personalized document issued by the Seller in a form at its discretion (paper/electronic), containing unique details (an individual number), as well as the name of the program (the Service, its duration, the number of persons) or the denomination (the cost of the Services paid by the Buyer), the validity period, the Salon addresses, etc., certifying the right of its holder (the Certificate Holder) to receive Services at the Salon for an amount equal to the nominal value indicated on the certificate.
    6. Gift Certificate Holder — a legally capable natural person who owns the Gift Certificate as a result of purchasing it from the Seller or receiving it from the Buyer.
    7. Denomination of the Gift Certificate — a sum of money in the amount determined by the Seller and paid by the Buyer to confirm the conclusion of the Contract. The denomination of the Gift Certificate is indicated on the certificate.
    8. Validity period of the Gift Certificate — the period of time during which the Buyer/Holder of the Gift Certificate has the right to use it to receive the Salon's Services. The validity period of the Gift Certificate is indicated on the certificate itself and begins from the day the payment is made to the Seller.
    9. Cash receipt (cash register (CR) receipt) — the primary accounting document of the cash register confirming the fact of a monetary settlement between the Seller and the Buyer. The cash receipt is issued in paper or electronic form. (Monetary settlements mean settlements made in cash to the Salon's cash desk, using electronic means of payment, or by non-cash means to the Seller's settlement account by bank transfer or an instruction to debit funds from the Buyer's bank card, as well as by mobile payments.)
  2. General provisions
    1. The Gift Certificate is issued to the Buyer subject to its full payment and may be used at the Seller's Salons listed on the Website www.imbir.kz (its sections and subdomains).
    2. The Seller undertakes to accept from the Buyer a sum of money equal to the Denomination of the Gift Certificate, issuing the Gift Certificate and a cash receipt and crediting its Denomination towards payment for the Salon's Services, and the Buyer undertakes to pay the Seller a sum of money equal to the Denomination of the Gift Certificate and to use the Gift Certificate in accordance with the terms of the Public Contract (offer) and these Rules.
    3. The Seller does not verify the accuracy of the information provided by the Buyer, is not liable to third parties for its accuracy and reliability, and moreover does not regard such information as personal data. At the same time, the Buyer gives their consent to the processing and transfer of registration data to third parties, in cases where such transfer is necessary to provide the Buyer with the Gift Certificate and to inform the Buyer about the Salon's services.
  3. Procedure for the purchase and use of Gift Certificates
    1. The Buyer may purchase Gift Certificates by completing an Application for their purchase on the Website www.imbir.kz (its sections and subdomains), via the Contractor's other messengers and social networks indicated on the Website www.imbir.kz (its sections and subdomains), as well as without an Application at the Salons at the addresses indicated on the Website www.imbir.kz (its sections and subdomains).
    2. The Gift Certificate is issued to the Buyer after full payment, at their choice: in paper or electronic form. After the Gift Certificate has been issued, changing it from one form to another is not possible.
    3. The Gift Certificate may be transferred by the Buyer to any natural person.
    4. The Buyer of the Gift Certificate is obliged to inform the person to whom the Gift Certificate is transferred (the Certificate Holder) of the provisions of these Rules, as well as of the Seller's Public Offer.
    5. If the Buyer requests that the personalized details of the Certificate Holder indicated on a paper Gift Certificate be changed (provided that its merchantable appearance and consumer properties are preserved (no services have been received under it) and its individual number is retained) and that a new Gift Certificate be issued with different Certificate Holder details, the Buyer pays the Seller 2,000 (two thousand) tenge for replacing the paper Gift Certificate. In this case, the Gift Certificate is handed over to the Seller for its redemption in the Seller's database and destruction.
    6. Changing the personalized details of the Certificate Holder indicated on an electronic Gift Certificate is not possible.
    7. The Gift Certificate may be used within its validity period indicated on the Gift Certificate.
    8. The Gift Certificate is deemed invalid after the expiry of its validity period.
    9. If the Gift Certificate has not been used before the expiry of its validity period, payment for the Salon's Services with the Gift Certificate, as well as a Refund to the Buyer, is not possible.
    10. In exceptional cases (where there are valid reasons), at the Seller's discretion, the Gift Certificate may be used by its Holder after the expiry of its validity period.
    11. Payment for the Salon's Services is made within the denomination of the Gift Certificate only upon its presentation (provided that its merchantable appearance and consumer properties are preserved (no services have been received under it) and its individual number is retained).
    12. The Denomination of the Gift Certificate may be credited by the Seller towards payment for the Services purchased by the Buyer from the Seller subject to the following conditions:
      - in the event of purchasing Services for an amount less than the Denomination of the Gift Certificate, the difference between the cost of the Services and the Denomination of the Gift Certificate is credited to the Certificate Holder's balance at the Salon and may be used during subsequent visits (until the entire denomination of the gift certificate is exhausted);
      - in the event of purchasing Services for an amount exceeding the Denomination of the Gift Certificate, the difference between the cost of the Services and the Denomination of the Gift Certificate is paid additionally by the Buyer and/or the Holder of the Gift Certificate by depositing cash into the Salon's cash desk or by non-cash settlement via bank transfer or an instruction to debit funds from the bank card of the Buyer and/or the Holder of the Gift Certificate, as well as by mobile payments.
    13. After payment for the Service using the Gift Certificate, the Gift Certificates are redeemed in the Seller's database and their further (repeated) use is not possible (a paper certificate is withdrawn by the Salon).
    14. If the Certificate Holder is a minor, then the provision of services to them is possible when accompanied by one of the parents (a legal representative).
    15. The Certificate Holder (Buyer) has the right to transfer their rights under the Public Contract (offer) and these Rules to any legally capable natural person by handing over their Gift Certificate to them. The person to whom the Gift Certificate is handed over acquires the status of Certificate Holder with all the rights and obligations arising from the Public Contract (offer) and these Rules.
    16. When transferring the Gift Certificate, the Certificate Holder (Buyer) is obliged to familiarize the new Holder of the Gift Certificate with the provisions of these Rules, as well as with the Seller's Public Offer, including informing them of the location where they are posted for review (the Seller's website).
    17. The Seller is not liable for the use of the Gift Certificate by third parties without the knowledge of, or against the will of, the Buyer.
    18. The presence of the Gift Certificate with its Holder is, for the Seller, sufficient evidence that the Holder has the rights to use it at their discretion.
    19. The Seller reserves the right to refuse to provide Services to the Certificate Holder in the following cases:

- if providing this service to the Certificate Holder is contrary to the law;
- if the Buyer or the Certificate Holder is in a state of alcoholic, narcotic, toxicological or other type of intoxication, uses obscene language and violates the Rules of conduct at the Salon, as well as to persons whose behavior offends the honor and dignity of the Salon's employees and other visitors, and to persons who have caused property damage to the Salon;
- if the Buyer/Certificate Holder has contraindications to the provision of the Services.

    1. Damaged Certificates, or certificates whose authenticity the Seller doubts (including with the partial or complete absence of an individual number), are not accepted for payment or replacement.
    2. The Seller is not liable for the Buyer's loss of Gift Certificates, or for the unauthorized copying or theft of Gift Certificates received by the Buyer.

4. Refund and exchange of the Gift Certificate

    1. A refund of the money for the Gift Certificate is made if its merchantable appearance and consumer properties are preserved (no services have been received under it), its individual number is retained, and the document confirming the fact of the purchase of the Gift Certificate is retained, within the terms and on the conditions provided for in clause 1 of Article 30 of the Law of the RK "On the Protection of Consumer Rights", and by the same method by which they were paid:

- in cash, if the purchase was paid for in cash,

- by transfer to a settlement account, if payment was made by non-cash means (for legal entities),

- by transfer to the holder of the bank payment card from which the payment was made (for natural persons).

    1. A refund of the money for the Gift Certificate is processed on the basis of:

1) an application completed in the established form (Appendix No. 1 to these Rules),

2) the original of the certificate,

3) the original of the document confirming the fact of payment (cash receipt), which confirm the lawfulness of the actions before the tax authorities.

    1. The original of the fiscal (cash) receipt (the document confirming the fact of payment), together with the Buyer's application, the original of the certificate and the original of the document confirming the fact of payment (cash receipt), are kept by the taxpayer for 5 (five) years (in accordance with the requirements of subclause 5) of clause 3 of Article 13 of the Code of the RK "On Taxes and Other Obligatory Payments to the Budget").
    2. To refund the money paid for a Gift Certificate paid for by a bank payment card, the refund application is accepted from the holder of the bank payment card from which the payment was made, with the documents listed in clause 4.2 of the Rules attached. The refund is made to that same card of the Buyer. The holder of the bank payment card must present the card from which the payment was made. This card is needed to reconcile the data. It is run through a POS terminal and a refund receipt is issued, which must be kept until the money is received. The term for transferring the money is up to 3–5 days (depending on the terms of the bank servicing the given payment card).
    3. Except for the case specified in clause 4.1 of these Rules, the Gift Certificate is not subject to return to the Seller with a refund of the money to the Buyer. In any case, the Gift Certificate is not subject to exchange for another certificate.
    4. The fact that the Buyer has not used the Gift Certificate during the Validity period of the Gift Certificate means the Buyer's refusal to conclude a contract for the sale of Services with the condition of paying part of its cost from the Denomination of the Gift Certificate, and also leads to:
      - the assignment of the status "Expired" to the Gift Certificate;
      - the termination of the Seller's obligations towards the Buyer connected with the use of the Gift Certificate;
      - the recognition of the money transferred by the Buyer to the Seller upon receipt of the Gift Certificate as the Seller's income.
    5. In the event of loss of the Gift Certificate (loss, theft, damage to the unique details (individual number)), the Gift Certificate is not restored and the money spent on its purchase is not refunded.


Appendix No. 1 to the Rules for the purchase, use and

refund of Gift Certificates at the

Thai massage and SPA salons "Imbir Thai Spa Classic"

(For natural persons and individual entrepreneurs) To the General Director of "Imbir Group"

(city ___________________,

Salon address ________________________)

From __________________________

__________________________

full name of the buyer

__________________________

IIN

__________________________

document, series, number

__________________________

issued

__________________________

__________________________

address and telephone number

REFUND APPLICATION

On "__" ____________ 202__ I purchased at your salon a certificate for the service _______________________________________ with a value of ____________________________ /in words ______________________________________________________/ tenge, certificate number _________________, fiscal receipt No. _____________________.

I request that you accept the said certificate and return to me the money paid for it in the amount of ___________ /in figures/ _____________________________________ /in words/ tenge.

Reason for the refund _____________________________________________________________.

FILL IN IN BLOCK CAPITALS

Full name

IIN

Name of the bank

BIC

Settlement account

(IIC, 20 characters)

I attach to this application:

  1. The original of the certificate.
  2. The original of the document confirming the purchase of the certificate (cash receipt).

By signing this application, I grant LLP "Imbir Group" consent to the processing of my personal data for the purpose of processing the certificate refund in accordance with the Law of the RK "On Personal Data and Its Protection". I confirm the accuracy of the data.

Signature _______________ Full name of the Buyer __________________________

"___" __________ 202__

(For legal entities) To the General Director of "Imbir Group"

(city ___________________,

Salon address ________________________)

From __________________________

__________________________

name of the Buyer

__________________________

BIN

__________________________

full name of the head

__________________________

__________________________

address and telephone number

REFUND APPLICATION

On "__" ____________ 202__, ________ purchased at your salon a certificate(s) for the service ____________________________________________ with a value of _______________________ /in words ______________________________________________________/ tenge, certificate number(s) _________________, fiscal receipt No. _____________________.

We request that you accept the said certificate(s) and return the money paid for it in the amount of _____________ /in figures/ _____________________________________ /in words/ tenge.

Reason for the refund _____________________________________________________________.

FILL IN IN BLOCK CAPITALS

Full name

IIN

Name of the bank

BIC

Settlement account

(IIC, 20 characters)

I attach to this application:

  1. The original of the certificate(s).
  2. The original of the document confirming the purchase of the certificate (cash receipt).

By signing this application, I grant LLP "Imbir Group" consent to the processing of my personal data for the purpose of processing the certificate refund in accordance with the Law of the RK "On Personal Data and Its Protection". I confirm the accuracy of the data.

Signature of the head _______________

"___" __________ 202__