Public Offer Agreement — ethno.market

PUBLIC OFFER AGREEMENT / PUBLIC CONTRACT

Sole Proprietor Yaroslav Sergeevich Shmelev (hereinafter – the “Contractor”), acting on the basis of Certificate No. 04526570, enters into this Public Fee-Based Services Agreement (hereinafter – the “Agreement”) with any natural person (hereinafter – the “Customer”).

This Agreement is a public offer for the sale of the Contractor’s goods via the website https://ethno.market and regulates the procedure for rendering such services/goods and the Parties’ obligations.

The text of this Agreement is published on the Contractor’s website: https://ethno.market/public_offer/.

Guided by Part 2 of Article 398 of the Civil Code of the Kyrgyz Republic, the Parties have agreed as follows:

1. Subject of the Agreement

  1. Under this Agreement, the Contractor undertakes to provide (sell and deliver) the goods, and the Customer undertakes to pay the Contractor’s remuneration.
  2. Information about goods, delivery and payment methods is provided on the website https://ethno.market.
  3. Terms and definitions:
    1. Website – the website at https://ethno.market.
    2. Personal Account – a set of protected pages created upon Customer registration and accessible with authentication (email and password).
    3. Invoice – invoice, invoice-agreement, or similar document determining the price and, where applicable, the payment procedure.
  4. All terms in singular apply equally to the plural and vice versa as required by context.
  5. The Customer may cancel an order under the terms and within the period specified on the Website.
  6. Within this Agreement, the Contractor does not provide individual consultations unrelated to the subject hereof.

2. Procedure for Concluding the Agreement and Access

  1. This is a public contract under which the Contractor undertakes to render services to an indefinite number of persons (Customers).
  2. Publication of this Agreement on the Website constitutes a public offer to enter into the Agreement (Art. 386(1), 398(2) of the Civil Code of the Kyrgyz Republic).
  3. The Agreement is concluded by the Customer’s adhesion (acceptance) of all its terms without exceptions or reservations (Art. 387 of the Civil Code of the Kyrgyz Republic).
  4. Acceptance is deemed completed upon payment by the Customer for the ordered goods under this Agreement. If payment is made with credit funds provided by a bank, acceptance is deemed completed upon execution of the bank credit agreement by the Customer (Art. 399(3) of the Civil Code of the Kyrgyz Republic).
  5. By accepting this public offer, the Customer agrees to all terms herein and is deemed to have entered into a written contract with the Contractor under Arts. 395(2)-(3) and 399(3) of the Civil Code of the Kyrgyz Republic.
  6. After acceptance under Clause 2.4, the Contractor provides the goods within the timeframe indicated during checkout.

3. Rights and Obligations of the Parties

Contractor’s obligations:

  1. Provide the Customer with the goods ordered on the Website and/or shipment details within the stated timeframe.
  2. Provide informational support on business days indicated on https://ethno.market.
  3. In case of errors/deficiencies in Website functioning caused by the Contractor, remedy them at the Contractor’s expense.
  4. Process refunds in cases and on terms provided herein.

Support questions shall be sent to: handmade.in.kg@gmail.com

Contractor’s rights:

  1. Modify Website design.
  2. Engage third parties to perform this Agreement without the Customer’s consent and replace such third parties when necessary.
  3. Request information/documents from the Customer necessary for proper performance.
  4. Change prices by publishing current prices on the Website.
  5. Temporarily suspend Website operation for maintenance.

Customer’s obligations:

  1. Pay for services within the terms set herein and/or in Invoices or messages in the Personal Account.
  2. Provide full and accurate information necessary for rendering services (including during registration).
  3. Use the Website functionality and access solely for personal/non-commercial purposes.
  4. Maintain confidentiality of Personal Account credentials; not transfer access to third parties; immediately notify the Contractor of unauthorized access.
  5. Not post third parties’ personal data; not attempt to obtain other users’ personal data.
  6. Not register on behalf of another person or as a group/legal entity/sole proprietor.
  7. Not use software or perform actions disrupting the Website; not upload/store/publish/distribute malware; not use automated scripts without written permission.

Customer’s rights:

  1. Access the Personal Account after fulfilling the access conditions (Section 2).
  2. Receive informational support during the Agreement term.
  3. Use access for non-commercial purposes.
  4. Send comments/suggestions/feedback related to the subject of the Agreement and/or the Website.

4. Price and Payment Procedure

  1. The price is determined based on the price of the goods/services indicated on the Website or in the Invoice, in KGS (soms).
  2. Unless otherwise specified in the Invoice, payment is 100% prepayment by transferring funds to the Contractor’s account.

The payment date is the date funds are credited to the Contractor’s account.

Payment shall be made by methods supported by the Contractor. The list may be changed by publishing on the Website or by other notice. Detailed payment and refund rules are in Annex No. 1 hereto.

  1. The Customer may pay using credit provided by a bank (hereinafter – the “Credit”). This Agreement is not a credit agreement; the Contractor is not a lender and bears no obligations related to lending. The bank’s lending terms, interest, refusals, etc., are solely between the Customer and the bank.
  2. The date of service/goods provision is the date the goods/services are provided to the Customer.

5. Liability and Limitation of Liability

  1. For breaches by the Customer, the Customer shall pay an out-of-court penalty of 100 KGS for each violation upon the Contractor’s written demand. The penalty must be paid within 15 calendar days from receipt of the demand.
  2. In case of breaches by the Customer, the Contractor may deactivate Personal Account access and/or block Website access without refund.
  3. The Contractor is not liable for:
    • Content posted in user-initiated messenger chats (WhatsApp, Viber, Telegram);
    • Use of personal data disclosed by the Customer in such chats;
    • Internet connectivity quality; Customer’s equipment/software operation;
    • Non-compliance of Customer’s technical specs with requirements (if any) for materials display;
    • Subjective mismatch of services with Customer expectations;
    • Errors by the Customer when using the Website (e.g., incorrect data when placing an order);
    • Use/inability to use any chosen payment method and related consequences;
    • Acts/omissions of banks or third parties involved in payments/refunds.
  4. The Contractor takes reasonable efforts to prevent failures but does not guarantee uninterrupted operation and is not liable for losses due to provider failures, Internet restrictions, or lack of credential security by the Customer, and other circumstances beyond the Contractor’s control.
  5. Neither Party is liable for total/partial non-performance caused by force majeure (including but not limited to fire, flood, earthquake, strikes, war, epidemics/pandemics, and other events beyond control) arising after conclusion of this Agreement.
  6. If the Customer fails to perform obligations (including Clause 3 obligations), the Contractor may terminate the Agreement unilaterally out of court by sending notice to the Customer’s email; the Agreement terminates on the notice date (or date specified therein), and access is deactivated accordingly.

6. Intellectual Property and Confidentiality

  1. Within performance, the Customer may be granted access to the Contractor’s and/or third parties’ intellectual property (IP), including audiovisual materials, software, LMS, methodological/reference materials, tasks, and information resources.
  2. The Customer shall:
    • Refrain from any actions infringing IP rights; not copy, record, reproduce, distribute, adapt, or create derivative works without written permission;
    • Immediately notify the Contractor of any known IP infringements;
    • Not disclose authentication data to third parties; in case of loss/unauthorized access to login/password, immediately notify the Contractor at handmade.in.kg@gmail.com. Until such notice is sent, all actions are deemed performed by the Customer.
  3. Confidentiality. Any information related to service provision not publicly disclosed by the Contractor is confidential. The Customer shall not disclose such information to third parties without the Contractor’s prior written consent (except publicly available information).
  4. The Contractor may use, for marketing/advertising, objects created by the Customer in the course of using the services and may mention the Customer as a user/client.

7. Other Terms

  1. The Customer confirms legal capacity and age sufficiency under the laws of the Kyrgyz Republic for transactions via the Website.
  2. The Customer acknowledges and agrees that service may be refused in cases of:
    • Non-confirmation of payment authorization by a bank or payment system;
    • Customer-initiated refund procedures under this Agreement;
    • Other cases provided by law or this Agreement.

8. Final Provisions

  1. This Agreement is deemed concluded from the moment of acceptance under Clause 2.4 and remains in force until the Parties fulfill their obligations.
  2. The Contractor may amend the terms, introduce new terms, or add annexes without prior notice to the Customer. The Customer agrees that such changes may occur.
  3. The text of amendments/new editions shall be published on the Website.
  4. Silence (absence of written objections, including regarding tariff changes) is deemed consent and adhesion to the new edition.
  5. The Agreement may be terminated by mutual consent.
  6. Either Party may unilaterally withdraw by notifying the other Party via Personal Account or email at least 15 calendar days before the intended termination date.
  7. If any term becomes invalid/illegal or is removed, the remaining terms remain valid and binding.
  8. Matters not regulated herein are governed by the laws of the Kyrgyz Republic.
  9. Disputes shall be settled by negotiations; if impossible, by court under the laws of the Kyrgyz Republic with mandatory pre-trial claim procedure.
  10. A Party believing its rights are violated shall submit a claim to the other Party. The Party receiving a claim shall notify the other Party of the results within 10 business days. Lack of response is deemed agreement with the claim and its stated facts.
  11. Documents sent via electronic means or the Personal Account have legal force.
  12. The Customer consents to personal data processing under the Privacy Policy posted on the Website.
  13. The Customer consents to the Contractor’s use of the Customer’s public reviews (including on social networks) without full name and without image, including editing without distorting meaning, for publication on official resources and in marketing materials. Consent is valid from the Agreement date and may be revoked by written notice to the Contractor’s address specified herein.
  14. The Customer consents to receiving marketing communications (email, phone, messengers incl. Telegram/WhatsApp, postal mail, SMS, push notifications, calls).

9. Details of the Parties

  1. The Parties agree that the Customer’s details are those provided during registration / order / payment.
  2. Contractor’s details:

Sole Proprietor: Yaroslav Sergeevich Shmelev

Bank: OJSC “KyrgyzKommertsBank”, 101 Shopokov St., Bishkek
BIC: 105001, Account No.: 1051032326300016

Address: 26 Baitik Baatyr St., 720005, Bishkek, Kyrgyzstan

Email: handmade.in.kg@gmail.com

Phone: +996 505 310 891

Last updated: September 27, 2025