Public offer to enter into a Public contract.
This proposal on the conclusion of a public contract is addressed to individuals (hereinafter referred to as "Buyer"), registered on the website www.food.namba.kg (hereinafter - the "Site"), which is the official and public offering of LLC "Namba taxi" (is the actual manager of the Internet site and is referred to as "Agent"), subject and conditions of which are specified in this public offer and on other pages of the Internet site, which are also part of this public offer and regulate the relations between the Parties as a whole to provide paid mediation services.
1. Terms and definitions:
— Acceptance of public offer - full and unconditional acceptance of the Public Offer through the Buyer's registration on the Site. At the time of acceptance of public offer Public contract between the parties shall be seen as concluded.
— Payment - cash remitted or sent by Buyers to Agents in exchange for brokerage services.
— Buyer (User) - any individual who has reached the age of 18 years and has accepted the terms of the Public Agreement and uses intermediate services, that Agent provides.
— Offer - placed by the Agent on the Site and addressed to specific persons regarding the purchase of goods from the Seller on the conditions specified in the Offer.
— Seller - the person, who conducts the sale of goods.
— Public offer - proposal on the use of the Agent for delivery of food products, beverages, etc. (hereinafter - the "Product"), addressed to an unlimited circle of individuals. The public offer is made up of the present proposal, which regulates the relations between a public contract as a whole.
— Public contract - a contract made between the Agent and the Buyer on the terms of the Public Offer. A public contract is concluded after the acceptance of public offer by the Buyer.
— Website - Internet portal www.nambafood.kg. It belongs to the Agent, who publishes offers of the Seller for Buyers regarding delivery services of meals products in chosen restaurants and cafes.
— The Nambafood app is a digital application on the IOS and Android platforms called nambafood.kg provided by the Agent to individuals and legal entities to order food, meals, goods from the seller.
— Price of the product - the value of the goods listed on the site.
— Service fee - most of cafe and restaurants do not have it. Service fee is included in the cost of food order. For some places, services fee is in the amount of 10% (ten percent) of the total cost. This information is available for customers in the check, which they see in the cart during checkout process. It is also possible to clarify the information from the call center worker of the Agent.
— Parties - parties of a Public contract, which includes buyers and agents.
— The advertising campaign is an event organized by Namba Food, LLC (Internet site "nambafood.kg"), aimed at promoting the brand "nambafood" or the Seller. Within the framework of the promotional campaign, Namba Food, LLC can distribute, among other thing, promotional codes. Rules, restrictions, conditions of use and the circle of persons to whom their transmission/transfer/dispatch is established independently by Namba Food,LLC.
2. Full and unconditional agreement
Full and unconditional agreement to conclude Public contract and Acceptance of public offer is made through a customer's registration on the Site and through an order made on the Site. Conducting acceptance of public offer means that the buyer agrees to all of the provisions of the Public Offer, which is equivalent to the contract agreement between the buyer and the agent.
3. All provisions
All provisions on the Site, establishing relations between the Parties in any part, are an integral part of public contracts and regulate the corresponding relations between the Parties.
One Buyer may register online at Agent's Site only once. After the registration and confirmation by the Agent, the Buyer is able to order products and services of the Agent. The main elements identifying the Buyer on the Site are login and password that are provided during registration (authorization data). Registration is free.
5. Buyer (User) is solely responsible for the loss, disclosure, theft of your registration data
Buyer is solely responsible for the loss, disclosure, theft of your registration data and for the actions of third parties using the registration data of the Buyer for their own purposes. Website administration is not responsible for the above actions.
To start working with the Site, a Buyer should make the authorization procedure on the Site by entering the username and password, provided during registration.
7. Buyer (User) independency
Buyer independently selects the goods on the Site using the instruction system, forms the product order, places the selected items in the "shopping cart" to order, thus reserving the selected item. Buyer proceeds further clicking the "Checkout" button, and an Agent communicates with Buyer within 30 minutes using the telephone number in the registration. After the order is confirmed, the Agent explains the possibility of delivery of ordered goods. Placed in a "shopping cart" goods will be considered only after confirmation of delivery of the order, taking into account the terms of payment on delivery, as well as in the case of write-off money from the account of the Buyer.
After the Agent's operator has confirmed by the phone number indicated at the Purchaser's registration the possibility of delivery of the ordered goods or dish, the Purchaser cannot cancel or replace the Order.
8. Money transfer for order and payment for delivery services can be done in the following ways (unless otherwise was specified in the proposal)
- cash to the delivery boy upon arrival of order;
- web money;
- other means of cashless payments.
When paying for an order online by bank card, the customer must specify the 16-digit card number, card expiration date, cardholder's name and cvv code, after which the card will be debited and the amount returned to verify the card. Subsequent payments will be made from the saved card.
9. Goods and the services of good quality
After receiving the goods and the services of good quality and in the proper amount, the fact of transfer of goods and services is confirmed via payment and delivery of cash according to the tariff.
10. Agent shall not be liable
Agent shall not be liable to the Buyer for any delay and communication interruption, damage or loss occurring directly or indirectly, for reasons of force majeure, as well as for reasons beyond the reasonable control of the part of the Agent.
Agent is not responsible for a products if Buyer (User) did not check the quality of product infront of an Agent
11. Agent shall not be liable
Agent shall not be liable for non-compliance to the items of contract by the Buyer, as well as for breach of contract by persons using the name and password of the Buyer.
12. Buyer (User) assumes full responsibility
Buyer (User) assumes full responsibility and risks associated with the use of the Internet. Buyer (User) cannot be a person who did not reach the age of 18 years. The responsibility for registration as a User of a person, who did not reach 18 years of age, as well as an access to Web-Site through the User Account is borne by his legal representatives.
The Buyer (User) agrees that by paying via online payment method for the ordered goods or services, the Sales Tax will be included in the price because when buying from the site nambafood.kg, the purchase of goods or services is paid by cash. It should be noted that «Namba Food» LLC is an Agent and provides intermediary services between the Buyer (User) and the Service Provider (Shop, Cafe).
Buyer (User) agrees with Namba Food company’s tariff policy, specified in «delivery» and «shops» sections.
The Buyer (User) automatically confirms the order without calling the Agent's operator and transferring the details, fully accepts the amount of payment, including surcharges for area, overweight, extra order and other conditions of the Agent, in case of - the order is successfully placed using the "Do Not Call" option or - The Buyer (User) is a registered user of Nambafood.
The Buyer (User) assumes that if the order is canceled, in accordance with Article 699 of the Civil Code of Kyrgyz Republic, the buyer has the right to refuse to perform the obligations under the contract of paid provision of services-public offer with the condition of full compensation of Seller's losses, therefore the Buyer pays full cost of ordered food or products including the delivery.
13. Parties should clearly understand
Parties should clearly understand that the Agent does not sell products, but only provides services to deliver the goods specified in the proposal, in connection with it the Agent is not responsible for the quality of the goods. Agent's powers are limited to information posted on the website of the goods from the Seller and the terms of service on its behalf. All claims to the quality of the ordered goods or services must be presented to the Seller.
Agent, delivery boy does not carry the delivery of people and animals.
According to the Regulation on the procedure for carrying out exchange operations with cash foreign currency in the Kyrgyz Republic, approved by the Resolution of the Board of the National Bank of the Kyrgyz Republic dated November 30, 2000 No. 42/1, legal entities must have a license to conduct exchange operations in cash foreign currency.
The agent is a courier delivery service, and does not have a special license to carry out foreign exchange, all transactions are carried out only in the national currency of the Kyrgyz Republic - som. Delivery of cash through the courier is strictly prohibited.
According to the Law of the Kyrgyz Republic No. 21 dated January 21, «On the Payment System of the Kyrgyz Republic», legal entities must have a license for retail banking services in the Kyrgyz Republic. Limited Liability Company «Namba Food» is a courier delivery service, and does not have a special license to conduct banking retail services in the Kyrgyz Republic, thereby cashing money through our company's courier is strictly prohibited.
From January 2, 2021 the campaign «Free delivery» when paying via Mbank Online is valid only over 700 soms per order and applies to the amount of delivery, excluding all kinds of additional payments, namely, for a remote area, the excess per kilogram, minutes of waiting, service on the way and other amounts of additional payments. User assumes payment for the order and all existing surcharges according to tariff policy «Namba Food».
14. Agent may at any time unilaterally change
Agent may at any time unilaterally change the terms of this public offer posted on this page of the Site by posting notice of such changes on the Site at least 2 days prior to the changes taking effect.
Agent has the right to terminate the login and password of the Buyer, as well as to unilaterally withdraw from the execution of public contracts without compensation of any losses to the Buyer in the event Buyer breaches the terms of public contracts, as well as in case of suspicion of the Agent that the Buyer performed multiple (false) registering on the site.
The Agent reserves the independent right to choose the User.
In addition, the Agent reserves the right to apply to court for protection of honor, dignity and business reputation of a citizen or business reputation of a legal entity in accordance with article 18 of the Civil Code of the Kyrgyz Republic upon discovery of information damaging its business reputation.
15. Buyer (User) agrees
Buyer agrees to the processing, as well as automated one, and use of personal data of the Buyer by the Agent (including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transmission), depersonalization, blocking and destruction).
Buyer agrees to receive e-mails with information and advertising after registration on the Site. The telephone number provided in the personal profile of the Buyer will be automatically used to send informational and advertising messages with the agreement of Buyer. If the Buyer wishes to opt out of receiving newsletters, he/she will have to inform the agent or unsubscribe by clicking on the appropriate link in the text of the email received (if any such links).
Buyer (User) gives permission to:
- waiting time on the line for the operator - no more than five (5) minutes
- waiting time for an Agent for product delivery - no more than 15 (fifteen) minutes, after 15 minutes. For each additional minute, a charge of 3 som is charged;
- Agent has a limit for a weight of a product - no more than forty (40) kg and the size should not exceed dimensions of luggage compartment of a car. If the delivery weight exceeds 40 kgs, than delivery of a product is only carried to the entrance
16. All questions arising between Buyers and Agents
All questions arising between Buyers and Agents under this contract shall be resolved through negotiations.
17. If any problems arise
If any problems arise, Buyer has the right to appeal in writing form to the Agent. All requests of Buyers are considered by the Agent within five (5) working days after receipt of the application. Answer of the Agent will be sent to the Buyer in writing form to the specified contacts.
18. All matters
All matters not covered by this Agreement of the public offer, as well as the resolution of disputes arising in the course of its execution, shall be governed by the applicable laws of the Kyrgyz Republic.
19. The maximum liability of the agent
The maximum liability of the agent can not exceed the equivalent of the buyer's payment for the use of the Service Agent.
20. Rules for the use of promotional codes:
In order to redeem your promotional code, you need to:
1. Form your shopping basket by putting items from nambafood.kg website in it.
2. During the order on the web-site nambafood.kg, enter the code in the field “promo code” and click the “Apply” button When the promotional code is activated, the total cost of goods in the order will be recalculated. The total cost of the Order, including the cost of delivery of the Order to the Buyer, is shown on the page "Ordering". In the "Your account" section on this page you can find the following: Total Order Amount, Order Amount with the promotional code, Total amount to be paid. By clicking on the “Submit the order” button, the Buyer agrees with the total amount of the Order for payment.
Types of promotional codes:
1. Promo code in the form of a percentage discount on the Goods.
The promotional code gives the Buyer a discount in % of the value of the goods in the Order. The promotional code applies to all items in the shopping cart. A promotional code in the form of a percentage discount does not give a discount on the cost for the delivery service.
2. Promo code in the form of a fixed discount on the Goods.
The promotional code gives the Buyer a discount in the fixed amount for the Total Cost of the Order. The total cost of the Order is reduced by the value of the promotional code. The discount for a promotional code is not calculated for goods participating in promotions or containing a discount. Promotional code in the form of a fixed discount does not give a discount on the cost for the delivery service.
3. Promo code in the form of a% discount for payment for the delivery service.
The promotional code gives the Buyer % discount on the cost of the delivery service. The total cost of the Order is reduced accordingly by the amount of % discount of the cost of the delivery service.
4. Promo code in the form of a gift
The promotional code gives the Buyer an opportunity to receive a gift, in such a form and quantity, in which it is stated in the conditions of the corresponding promotion or in the promotional message about it. The promotional code does not affect the cost of the goods in the basket and the cost of the delivery service. If the promotional code is successfully applied, the Seller delivers the gift to the Buyer along with the Order. If at the time of completing the Buyer's Order, the gift specified in the Order, in the form and configuration, for any reason was not available to the Seller, the Buyer will be offered a similar product.
If the Buyer cancels the Order on the site nambafood.kg or when contacting the customer support with the corresponding request, the promotional code already applied to this Order is not restored. The discount amount is not returned to the client in money equivalent. The lost promotional code is not subject to recovery. The website "nambafood.kg" has the right to unilaterally change the terms and conditions of the promotion and the rules for the use of promotional codes. A separate agreement may provide other conditions for the use of promotional codes.
If at the time of completing the Buyer's Order, one of the goods specified in the Order, in the form and configuration, for any reason was not available to the Seller, the User does not wish to change to any other and / or similar product, and agrees with the delivery of the Order without this product, which the Seller does not have. As a result, the total amount of the order is ultimately less than the amount by which the promotional code can be activated, and the promotional code already applied to this Order is not restored. The discount amount is not returned to the client in money equivalent
Use of promotional codes:
— The minimum amount of the order after applying the promotional code is 500 soms
— Some promotions conducted by the Internet site "nambafood.kg" may issue promotional codes with a different restriction on the minimum amount of the Order.
— Promotional codes have a limited validity period.
— The order must be completed within the validity period of the promotional code. When editing an Order after the expiration of the promotional code, it becomes invalid.
— A promotional code can only apply to a certain category of goods in the Order.
— Promotional codes may be used, including, only to the first order made by the Buyer, if this rule is established in the conditions of the current promotion.
— Special promotional terms may not apply to certain products.
— Promotional discount does not apply to products participating in promotions or containing a discount.
— One promotional code works for a registered Buyer only once. For an unregistered buyer, the verification is made by the contact number of the Buyer's phone that was specified in the order.
— One promotional code can be applied to several Orders made by the Buyer, if it is stipulated by the terms of the corresponding promotion, which are determined by the Internet site "nambafood.kg" independently and are indicated in the relevant advertising and information materials, including but not limited to banners on the Service / sites of partners, flyers.
— Only one (1) promotional code can be used for one order. Payment to the User of the amount equal to the face value of the promotional code is not allowed in cash equivalent.
— A promotional code has a limited validity period and can only be used for online ordering during the validity period of the relevant promotional code. In this case, the validity period of a specific promotional code / lot of promotional codes can be changed unilaterally by the Internet site "nambafood.kg". The user must independently track the conditions and terms of promotional codes by contacting the contact center of the Internet site "nambafood.kg”
— Promotional codes can be provided to the User by posting them in the "Blog" section, and also by sending SMS messages to the mobile phone number and / or e-mail to the e-mail address specified by the User during Registration, notifications in the user application, and in other ways , provided by this User Agreement, with the consent of the User to receive mailings from the Internet site "nambafood.kg" under the terms of this User Agreement.
— The number of promotional codes is limited.
— In order to avoid the unfair use of promotional codes and / or abuse when using promotional codes, the Internet site "nambafood.kg" reserves the right, unilaterally, to apply other methods not directly specified in these Terms to verify what the User does in fact request using the Internet site "nambafood.kg", as well as it can refuse to provide discounts in case of revealing appropriate abuse and / or unfair use of the Promotional Code.
— Activation of the Promotion Code implies the User's full consent to these terms and conditions.