PUBLIC OFFER

YOI Music Company PUBLIC OFFER AGREEMENT

GENERAL PROVISIONS


1.1. This document is the official public offer of YOI Music Company (hereinafter referred to as the "Online Store") and contains all the essential conditions for ordering, selling and delivering goods to the Buyer.


1.2. In accordance with Clause 2 of Article 437 of the Civil Code of the Russian Federation, in case of acceptance of the conditions set out below and payment for services, the legal entity or individual making the acceptance of this offer becomes the BUYER (in accordance with clause 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the offer is equivalent to concluding a contract on the terms set out in the offer), and the ONLINE STORE and the BUYER are jointly PARTIES to the Offer agreement.


1.3. In connection with the above, carefully read the text of this offer and if you do not agree with its terms and conditions, or with any other clause of its terms, the ONLINE STORE offers you to refuse to conclude an offer agreement and use the services of the ONLINE STORE, by means of concluding a direct contract for the provision of services.


TERMS


2.1. For the purposes of this Offer, the following terms are used in the following meaning:


"Offer" — this document is a Public Offer for the implementation of a purchase and sale transaction under which one party (Online store) undertakes to transfer the goods to the ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.


"Acceptance of the Offer" — full and irrevocable acceptance of the Offer by performing the actions noted in Part 4 of this Offer. The Acceptance of the Offer assumes the Contract of the Offer.


"Offer Agreement" is a purchase and sale agreement concluded by the BUYER AND the ONLINE STORE by accepting this agreement.


"BUYER" — a person who has accepted the Offer, placing an order for Goods via an Internet page at yoirecords.com.


"ONLINE STORE" is a seller of goods that sells and delivers Goods to the Buyer.


"PRODUCT" - food products, related products and services, the order of which is carried out according to the samples presented on the Internet page at yoirecords.com.


2.2. Terms not defined in clause 2.1 may be used in this Offer. In this case, the interpretation of such term is made in accordance with the text of this Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, the interpretation of the term should be guided: first of all, on the website of the ONLINE STORE, and second of all, on the Internet.


SUBJECT OF THE CONTRACT


3.1. The subject of this offer is the sale of Goods to the Buyer in accordance with the terms of the offer and the prices indicated at yoirecords.com, as well as the payment and acceptance of Goods by the Buyer in accordance with the terms of this agreement.


3.2. The Public Offer is an official document and is published on the website yoirecords.com.


3.3. The ONLINE STORE has the right to change the cost of the goods, the terms of this Public Offer and additions to the public offer without prior agreement with the BUYER, while ensuring the publication of the amended terms on the website of the ONLINE STORE, as well as in a place publicly accessible for familiarization with these documents, at least one day before their entry into force.


ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE OFFER AGREEMENT


4.1. The BUYER accepts the Offer by paying for the goods, which means the conclusion of a retail sale agreement on the terms set out in this offer. The Contract is considered concluded from the moment a cash or commodity receipt or other document confirming payment for the Goods is issued to the Buyer (including, but not limited to, bank confirmation of the payment made by the Buyer for the Goods by bank card), or from the moment the Seller receives a message about the Buyer's intention to purchase the Goods.


DESCRIPTION OF SERVICES


5.1. The online store is an information system for searching, ordering and paying for Goods offered by the Seller by the Buyer.


5.2. In case of absence of the ordered Goods at the time of acceptance of the order, the Seller's employee has the right to coordinate with the Buyer the replacement of the Goods or exclude the missing Goods.


5.3. When the Seller receives an order for the delivery of Goods, the Seller collects and transfers the order to the Delivery Service chosen by the Seller within the time limits set in the delivery and return section. Next, a delivery service employee contacts the Buyer, and the responsibility for delivery falls on the Delivery Service.


5.4. The Goods are delivered worldwide.


5.5. The Buyer agrees to accept calls from the Seller's operators and couriers and the Delivery Service, as well as SMS messages and e-mails about the execution of the order, as well as to receive messages by other specified means of communication, to the phone numbers indicated by him during registration and/or placing the order. The Buyer agrees to accept the ordered Goods from the Delivery Service employee or a person authorized by her at the address specified by the Buyer when registering and/or placing the order.


5.6. At the time of the order, the Buyer is obliged to provide the Seller and/or the Delivery Service with the most accurate information about his location at the address specified by him, as well as to ensure free and unhindered access of the Delivery Service employee or a person authorized by her to the address specified by the Buyer.


5.7. All materials presented in the Online store are of a reference nature and do not always fully convey reliable information about the properties of the Product. Information concerning consumer properties of Goods (nutritional and energy value, storage conditions, manufacturers of ingredients, etc.) is indicated on the basis of data provided by suppliers. The Seller and the Manufacturer are not responsible for its inconsistency with the actual characteristics of the Product. The shelf life of the delivered Goods and the ingredients included in the Goods are indicated on the packages. The Seller and the Manufacturer are not liable for damage caused during the Buyer's violation of the specified conditions and storage periods of the purchased Goods and ingredients.


TERMS AND PROCEDURE FOR THE PROVISION OF SERVICES


6.1. In order to register the Buyer in the Online Store in order to be able to place orders, the Buyer fills out the registration form, thereby confirming familiarization with this offer and agreeing to provide accurate and complete information about himself on the issues proposed in the registration form.


6.2. If the Buyer provides incorrect information or the Online Store or Seller has serious grounds to believe that the information provided by him is incorrect, incomplete or inaccurate, the Online Store has the right to suspend or cancel the registration of the Buyer and/or refuse the registered Buyer to use its services.


6.3. The Buyer hereby agrees that the information specified during registration, which may contain the Buyer's personal data, is used for the purpose of further processing and processing orders in the Online store and the Seller's divisions. When placing an order, the Online store and the Seller process personal data in accordance with Article 6 of Federal Law No. 152-FZ "On Personal Data". The Seller undertakes to take all measures provided for by the current legislation for the proper protection of the personal data received and not to transfer them to third parties, except in cases when the transfer of data is necessary for the Seller to fulfill its obligations to the Buyer for the purposes of this Agreement.


6.4. By specifying his phone number and e-mail address during registration, the Buyer agrees to receive SMS and E-mail messages of an informational nature from the Seller or the Owner of the online store.


6.5. After reviewing the list of goods posted on the website of the ONLINE STORE or in printed form in the premises of the ONLINE STORE, choosing the type of goods, the BUYER makes an order.


6.6. The goods are considered accepted without claims, and the services are considered to have been rendered properly and in full, if the BUYER has not made a complaint within three days from the moment of rendering the service. In the absence of a complaint, the act of acceptance and delivery of the completed works (services) is considered signed, and the services rendered properly.


6.7. After the provision of services under the agreement, the parties have no claims against each other.


COST OF SERVICES AND SETTLEMENT PROCEDURE UNDER THE CONTRACT


7.1. The cost of delivery and payment methods for purchased goods and services are indicated in the relevant sections of the website. By placing an order, the Buyer agrees that he has been notified and agrees to pay for the cost of the Goods and their delivery.


7.2. Payment is made by the BUYER by transferring funds to the settlement account of the ONLINE STORE or using other types of payments in agreement with the ONLINE STORE.


7.3. For the purposes of the Offer Agreement, payment from the BUYER is accepted:


in a non-cash form from the BUYER's current account to the ONLINE STORE's current account;

with the help of other types of payments in agreement with the ONLINE STORE.


7.4. The Buyer is obliged to pay the cost of the Goods ordered by him and the services rendered, as well as the cost of delivery and packaging of the goods in the amount presented at the time of payment, including all taxes attached.


RETURN OF GOODS OR MONEY


8.1. The Buyer has the right to refuse the ordered Goods at any time, but not later than 24 hours before the delivery of the Goods to the Delivery Service ("The moment of order execution"). The moment of execution of the order is the moment of delivery of the Goods to the Seller's courier for the delivery of the Goods, which is confirmed by a mark in the receipt as part of the accompanying documents for the Goods. When paying by bank card, the refund is made to the card from which the payment was made or to another card or bank account specified by the Buyer in writing. The Buyer does not have the right to refuse a paid Order (or part of it) of inadequate quality. Goods of inadequate quality are not subject to exchange and return.


8.2. The Buyer, in agreement with the Seller, has the right to change the order. Such a change must be made no later than 24 hours before the delivery of the Goods to the Delivery Service. At the same time, if the payment was made by bank transfer, the Seller adjusts the payment by returning part of the funds to the Buyer's settlement account or by issuing a request for additional payment.


8.3. If the Goods were delivered to the address and within the time specified in the order, but were not delivered to the Buyer for reasons beyond the Seller's control (the Buyer's refusal to accept the Goods of proper quality; the Buyer incorrectly specified the address when ordering, etc.), the Seller has the right to demand from the Buyer compensation for the full cost of the rejected Goods. If the payment was made by bank transfer, the Seller does not refund the money, and the Goods are considered delivered.


8.4. In case of detection of defects in the Goods, the Buyer has the right, at his choice, to demand replacement of such Goods with goods of proper quality or a proportionate reduction in the purchase price. Instead of presenting these requirements, the Buyer has the right to refuse the purchased Goods and demand a refund of the amount of money paid for the Goods. At the same time, the Buyer, at the Seller's request and at his expense, must return the received goods of inadequate quality.


8.5. In accordance with Article 22 of the Law of the Russian Federation "On Consumer Rights Protection", the amount paid by the Buyer for the Goods of inadequate quality is subject to refund to the Buyer within 10 (Ten) calendar days from the date of submission of the relevant claim.


TERMS OF USE OF MATERIALS POSTED IN THE ONLINE STORE


9.1. The online store contains copyrighted materials, trademarks and other legally protected materials, including, but not limited to: texts, photos, graphic images.


9.2. The ONLINE STORE owns the exclusive rights to use the content of the Online store (including the right to select, arrange, systematize and transform the data contained in the Online store, as well as the source data and materials), except in cases separately noted in the content of the materials published on the site.


9.3. The Buyer, as well as any person who has visited the web page of the Online Store, has no right to make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products or otherwise use, partially or completely, the content of the Online Store. The organization, collection, compilation, magnetic translation, digital conversion and other actions related to the use of materials, as well as copying, redistribution, use or publication of information constituting the content of the Online store, is completely or partially prohibited without the consent of the ONLINE STORE.


9.4. The Buyer, as well as any person who has visited the Internet page of the Online store, undertakes not to post on the pages of the Online store and not to send through / through the Online Store any materials of the following nature:


violating the law, containing threats and insults, discrediting other persons,

violating the rights of citizens to privacy or public order, bearing the character of obscenity;

violating to one degree or another the honor and dignity, rights and legally protected interests of other persons;

promoting or containing calls to incite religious, racial or ethnic discord, containing attempts to incite hostility or calls for violence;

as well as other materials that encourage other persons to engage in illegal behavior that entails criminal, civil and other liability or in any way violates the provisions of the law. advertising of any goods or services, for advertising or otherwise promoting the sale of any goods and services in any form, including, but not limited to, encouraging subscription to another interactive service system without obtaining prior written consent.

The Buyer, as well as any person who has visited the Internet page of the Online store, undertakes not to download, post or otherwise use on the pages of the Online Store any materials protected by intellectual property law (including copyright, trademark law), and other materials protected by law without obtaining expressed permission of the owner of the rights to the protected material. At the same time, the burden of proving that the placement of materials on the Internet page of the Online store by the Buyer does not violate the copyright, related and other rights of third parties to the posted materials lies with the Buyer.


INDIVIDUAL CASES OF HEALTH CONDITIONS, ALLERGIC REACTIONS AND PERSONAL CONTRAINDICATIONS


10.1. Ingredients that cause personal allergic reactions and intolerance may be included in the composition of the products. If there are contraindications, the Buyer is obliged to notify the ONLINE STORE about this.


OBLIGATIONS OF THE PARTIES


The ONLINE STORE undertakes:


11.1. Ensure acceptance of the order, acceptance of payment and delivery in accordance with this Offer Agreement.


11.2. Deliver to the address specified in the order the Goods in the quantity and assortment agreed with the BUYER


11.3. Comply with the Buyer's instructions on the procedure for the provision of services under this Agreement, agreed by the parties.


11.4. To maintain the confidentiality of the BUYER's information, except in cases provided for by the current legislation of the Russian Federation;


11.5. Provide quality services. Take timely measures to prevent and regulate violations of the quality of services provided. Promptly inform the BUYER about changes in the structure of services provided under this agreement and the terms of their provision.


The ONLINE STORE has the right to:


11.8. Involve third parties in the provision of the Buyer's services, while remaining responsible to the Buyer for the provision of services;


11.9. Refuse to transfer goods and services in case of non-fulfillment by the Buyer of obligations under this Agreement.


11.10. Receive clarifications and additional information on issues arising during the provision of services.


11.11. Unilaterally terminate this agreement in case of non-fulfillment by the BUYER of the obligations provided for in clause 6.2. (on timely payment of services).


11.12 transfer its powers regarding the execution of this offer to third parties without prior notification of the Buyer himself and coordination with the latter of this action.


THE BUYER undertakes:


12.1. Timely, in accordance with the terms of this Offer, pay for the Services of the ONLINE STORE under the Offer agreement.


12.2. Comply with all the requirements set out in this Offer, questions arising in the process of providing services and provide the necessary information.


THE BUYER has the right to:


12.3. Receive goods and services in accordance with the terms of this offer.


12.4. To receive the necessary and reliable information about the work of the Online store and the services provided by it.


12.5. The BUYER has the right to send his opinions, suggestions and recommendations to the ONLINE STORE.


12.6. Check the progress of the execution of this Agreement at any time, without interfering with the business activities of the Online store.


RESPONSIBILITY OF THE PARTIES


13.1. The ONLINE STORE is not responsible for the damage caused to the activities of the BUYER or the persons he represents, in case of improper fulfillment of his obligations under this agreement, violation of the requirements of the employees of the ONLINE STORE.


13.2. By paying for the Services of the ONLINE STORE under the Offer agreement, the BUYER agrees to the terms of this agreement and that he has no right to demand from the ONLINE STORE any compensation for moral, material damage or harm caused to the BUYER both during the term of this Agreement and after its expiration, except for cases directly provided for by this legislation.


13.3. The ONLINE STORE under no circumstances bears any responsibility under the Offer Agreement for:


a) any actions and/or omissions that are a direct or indirect result of the actions/omissions of any third parties not involved by the ONLINE STORE.


b) any indirect losses and/or lost profits of the BUYER and/or third parties, regardless of whether the ONLINE STORE could have foreseen the possibility of such losses or not;


13.4. The total liability of the ONLINE STORE under the Offer agreement, for any claim or claim in relation to the Offer agreement or its execution, is limited to 5% (five percent) from the amount of payment paid to the CONTRACTOR by the BUYER under the Offer agreement.


13.5. Without contradicting the above, the ONLINE STORE is released from liability for violation of the terms of the Offer agreement if such violation is caused by force majeure, including: actions of state authorities, fire, flood, earthquake, other natural actions, lack of electricity, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the fulfillment of the contract by the CONTRACTOR of the Offer.


13.6. The Offer Agreement, its conclusion and execution are regulated in accordance with the current legislation of the Russian Federation.


13.7. In the event of improper performance of the Contract by one of the parties, which entailed adverse consequences for the other party, liability arises in accordance with the current legislation of the Russian Federation.


confidentiality


14.1. The Parties undertake, without mutual consent, not to transfer to third parties, or use in any other way not provided for by the terms of the agreement, organizational, technological, commercial, financial and other information constituting a trade secret for either Party, provided that:


such information has actual or potential commercial value due to its unknown to third parties;

there is no free access to such information on a legal basis;

the owner of such information takes appropriate measures to ensure its confidentiality.


14.2. The term of protection of confidential information is established by the Parties for at least one year from the date of termination of the Offer agreement.


OTHER CONDITIONS


15.1. Any notifications under the Offer Agreement may be sent by one Party to the other Party:


15.1.1. By e-mail to the e-mail address of the BUYER specified by him when ordering the service, from the e-mail address of the ONLINE STORE specified at the end of this Offer, if the recipient is the BUYER, to the e-mail address of the ONLINE STORE specified at the end of this Offer, from the e-mail address of the BUYER specified by him when contacting;


15.1.2. By fax;


15.1.3. By mail with delivery notification.


15.2. Failure to exercise a right under the Offer agreement, powers or intentions provided for in the Offer agreement does not mean that the ONLINE STORE refuses the terms and conditions of the Offer agreement in the event of the following violation, nor does it waive its rights to demand compliance with the terms of the Offer agreement at any time thereafter.


15.3. The Offer Agreement is a complete agreement between the ONLINE STORE and the BUYER. The ONLINE STORE does not assume any conditions and obligations with respect to the subject of the Offer, with the exception of those specified in the Offer, which govern the execution of the Offer agreement, except in the case when such conditions or obligations are fixed in writing and signed by authorized representatives of the ONLINE STORE and the BUYER. If any of the terms of the Annexes or Additional Agreements to the Offer agreement contradict the terms of the Offer, the terms of the Offer will prevail.


12.4 The BUYER enters into the Offer agreement voluntarily, while the BUYER:


a) have fully read the terms of the Offer,


b) fully understands the subject of the Offer and the contract of the Offer,


c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Offer Agreement.


12.5. The BUYER has all the rights and powers necessary for the conclusion and execution of the Offer agreement.


12.6. If any of the terms of the Offer is declared invalid or illegal, or cannot enter into force in accordance with the current legislation of the Russian Federation, this is removed from the Offer and replaced by a new provision that best meets the original intentions contained in the Offer, while the remaining provisions of the Offer (Offer agreement) do not change and remain in force.


ADDRESSES AND BANK DETAILS OF THE PARTIES

YOI Music Company

Legal address: 143909, Russian Federation, Moscow region, Balashikha, Kozheduba str., 6, 3

Postal address: 141031, Moscow region, Mytischy, Nagornoe, Polkovnika Romanova str., 13, 392

TIN 691409387088

OGRN 319508100303592

Settlement/account 40802810300001274842