Public Offer of Individual Entrepreneur Vladislav Konstantinovich Kozyrev

Key Terms

Buyer — a User who has placed an Order in the online store yogamatic.ru.

Seller — Yogamatic.ru, Individual Entrepreneur Vladislav Konstantinovich Kozyrev, TIN 784004557706, OGRNIP 319470400015879, legal address: apt. 300, bldg. 1, 6 Ekaterininskaya St., Murino, Leningrad Region, 188662, Russian Federation.

Online Store — an internet website owned by the Seller, located at https://yogamatic.ru/, where Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of Goods to Buyers.

Website — https://yogamatic.ru/.

Goods — yoga and fitness equipment and clothing, online courses, electronic lessons, electronic manuals and other goods offered for sale on the Website.

Order — a completed request by the Buyer for the purchase and delivery of Goods selected on the Website to the address specified by the Buyer or through self-pickup.

1. General Provisions

1.1 The Seller sells Goods through the Online Store located at https://yogamatic.ru/.

1.2 By ordering Goods through the Online Store, the User agrees to the terms of sale of Goods set out below hereinafter referred to as the “Terms of Sale of Goods”. If the User does not agree with this User Agreement hereinafter referred to as the “Agreement / Public Offer”, the User must immediately stop using the service and leave the Website.

1.3 The Agreement may be amended by the Seller unilaterally without notifying the User/Buyer. The new version of the Agreement comes into force 10 ten calendar days after its publication on the Website, unless otherwise provided by the terms of this Agreement.

1.4 The Public Offer is deemed accepted by the Website Visitor / Buyer from the moment the order is confirmed on the Website or in the Seller’s retail store. By placing an Order, the User/Buyer agrees that the Seller may assign the performance of the Agreement to a third party while remaining responsible for its performance.

2. Subject of the Agreement

2.1 The subject of this Agreement is to provide the User with the opportunity to purchase Goods presented in the catalog of the Online Store at https://yogamatic.ru/ for personal, family, household and other needs not related to business activities.

2.2 This Agreement applies to all types of Goods and services presented on the Website as long as such offers with descriptions are available in the Online Store catalog.

3. Goods and Purchase Procedure

3.1 The Seller ensures the availability in its warehouse of Goods presented on the Website. Photographs accompanying the Goods are simple illustrations and may differ from the actual appearance of the Goods. Descriptions/specifications accompanying the Goods are not intended to be exhaustive and may contain typographical errors. To clarify information about the Goods, the Buyer should contact the managers by phone: +7 (952) 355 55 06.

3.2 If the Goods ordered by the Buyer are not available in the Seller’s warehouse, the Seller has the right to exclude the specified Goods from the Order or cancel the Buyer’s Order by notifying the Buyer by sending an appropriate e-mail message to the address specified by the Buyer during registration, or by a manager’s phone call.

3.3 In the event of full or partial cancellation of a prepaid Order, the cost of the canceled Goods is refunded by the Seller to the Buyer using the same payment method by which the Goods were paid for.

3.4 The Buyer is fully responsible for providing incorrect information that results in the Seller being unable to properly fulfill its obligations to the Buyer.

3.5 The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by the manager handling the Order by e-mail or during a confirmation phone call to the Buyer. The date of transfer of the Goods may be changed by the Seller unilaterally if there are objective reasons, in the Seller’s opinion.

4. Delivery of Orders within the Russian Federation

4.1 The methods and approximate delivery times for Goods sold by the Seller are specified on the Website in the “Delivery” section at https://yogamatic.ru/delivery-info.

4.2 Delivery delays are possible due to unforeseen circumstances that occurred through no fault of the Seller.

4.3 The risk of accidental damage to the Goods passes to the Buyer from the moment the Order is handed over to the Buyer and the recipient of the Order signs the documents confirming delivery of the Order. In the event of non-delivery of the Order, the Seller reimburses the Buyer for the full cost of the prepaid Order and delivery after receiving confirmation from the Delivery Service that the Order has been lost.

4.4 The cost of delivery of each Order is calculated individually based on the weight of the Goods, region and delivery method, as well as, if necessary, the form of payment, and is indicated on the Website at the final stage of placing the Order.

4.5 The Seller’s obligation to transfer the Goods to the Buyer is considered fulfilled at the moment the courier hands over the Goods to the Recipient or when the Recipient receives the Goods at a postal office or at a previously agreed order pick-up location, including a self-pickup point.

When receiving the Order at a postal office, after paying for the delivered Goods, the Recipient must inspect the delivered Goods and open the package in the presence of Russian Post employees to check whether the Goods correspond to the declared quantity, assortment and completeness, and also check the service life of the delivered Goods and the integrity of the packaging.

If there are any claims regarding the delivered Goods, including missing items, manufacturing defects and other claims, at the Recipient’s request, Russian Post employees shall draw up a Statement of Identified Discrepancies. If the Recipient does not submit claims in the above manner, the Seller is deemed to have fully and properly fulfilled its obligation to transfer the Goods.

If Goods delivered via Russian Post are returned due to claims regarding the Goods, the Recipient must attach the following documents to the shipment containing the returned Goods:

• refund application;

• copy of the statement of identified discrepancies;

• copy of the payment receipt;

• copy of the shipment inventory;

• return form.

4.6 Upon accepting the Order from the courier, the Recipient must inspect the delivered Goods and check whether they correspond to the declared quantity, assortment and completeness, and also check the service life of the delivered Goods and the integrity of the packaging.

If there are no claims regarding the delivered Goods, the Recipient signs the “Order Delivery Form” or another similar document provided by the courier and pays for the Order if there is no 100% prepayment. The signature in the delivery documents confirms that the Recipient has no claims regarding the Goods and that the Seller has fully and properly fulfilled its obligation to transfer the Goods.

4.7 The date, time and, if necessary, delivery route may be clarified with the manager who contacts the Buyer to confirm the Order.

4.8 The User understands and agrees that delivery is a separate service and is not an integral part of the Goods purchased by the Buyer; its performance ends at the moment the Recipient receives the Goods and pays for them.

A separate fee may be charged for the delivery of Goods sold in the Online Store. The terms and cost of delivery are calculated when placing the order; the final cost depends on the delivery region, weight of the Goods and delivery service used.

Claims regarding the quality of purchased Goods that arise after receipt and payment for the Goods are considered in accordance with the Law of the Russian Federation “On Consumer Rights Protection” and the warranty obligations of the relevant Seller.

In this regard, the purchase of Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for warranty service or replacement, does not make it possible to carry out warranty service or replacement of Goods through a visit to the Buyer, and does not imply the possibility of refunding the delivery cost of the Goods in cases where the Buyer has the right to a refund for the Goods themselves in accordance with the Law of the Russian Federation “On Consumer Rights Protection”.

5. Delivery of Orders Outside the Russian Federation

5.1 Customs duties in the recipient’s country are not included in the shipping cost, and their payment is the responsibility of the Buyer. Once the Buyer receives the tracking number, they are responsible for tracking the parcel so that the storage period does not expire and the parcel is not returned.

5.2 If the parcel with the Order is returned to the Seller, regardless of the reason, the Buyer has two options:

• pay for delivery again, after which the Seller will resend the parcel;

• request a refund, in which case the delivery cost will be deducted.

6. Payment for Goods

6.1 The price of Goods sold in the Online Store is indicated in Russian rubles.

6.2 The price of the Goods is indicated on the Website. If the price of the Goods ordered by the Buyer is incorrectly indicated, the Seller informs the Buyer in order to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, the Order is considered canceled. If the Order has been paid for, the Seller refunds the amount paid for the Order to the Buyer using the same payment method by which it was paid.

6.3 The price of Goods on the Website may be changed by the Seller unilaterally. At the same time, the price of Goods already ordered by the Buyer is not subject to change.

6.4 The Seller has the right to provide discounts on Goods and establish a bonus program. Types of discounts, bonuses, and the procedure and conditions for accrual are determined by the Seller independently, indicated on the Website and may be changed by the Seller unilaterally.

6.5 The Seller keeps statistics on Orders redeemed by the Buyer. The Seller has the right to unilaterally determine the payment methods available to the relevant Buyer based on statistics of actions performed by the Buyer in relations with the Seller.

7. Return of Goods and Refunds

7.1 The return of Goods sold by the Seller is carried out in accordance with the “Return Terms” specified on the Website at: https://yogamatic.ru/terms.

7.2 Return of Goods of proper quality:

• the Buyer has the right to refuse the ordered Goods at any time before receiving them, and after receiving the Goods — within 14 days, not counting the day of purchase, except for online courses and lessons. Return of Goods of proper quality is possible if their marketable appearance, consumer properties, and a document confirming the fact and conditions of purchase of the specified Goods are preserved;

• if the Buyer refuses the Goods, the Seller refunds the cost of the returned Goods, except for the Seller’s expenses related to the delivery of the Goods returned by the Buyer, within 10 days from the date the returned Goods are received at the Seller’s warehouse together with the completed return application from the Buyer;

• if at the time of the Buyer’s request an identical item is not available for sale from the Seller, the Buyer has the right to refuse the performance of this Agreement and demand a refund of the amount paid for the specified Goods. The Seller must refund the amount paid for the returned Goods within 10 days from the date of return of the Goods;

• the warranty period for all Goods posted on the Website is 14 days from the date of delivery of the Goods to the Buyer;

• if the Buyer received Goods of proper quality and they were damaged during use by the Buyer, the Seller may assess the damage to the returned Goods and deduct the cost of restoration when refunding the paid funds to the Buyer, within no more than 30% of the cost of the item itself. In this case, the refund amount shall be no less than 70% of the item’s cost;

• if the Buyer returns Goods of proper quality, provided that their appearance, packaging and consumer properties are preserved, the Seller refunds 100% of the cost of the Goods minus the actual delivery costs paid by the Seller when sending the Goods to the Buyer, even if delivery was shown as free when placing the order. The calculation is made based on standard transport company rates, for example CDEK; payment system processing fees, if applicable;

• Goods manufactured according to an individual order of the Buyer are not subject to return.

7.3 Return of Goods of improper quality:

• Goods of improper quality mean Goods that are defective and cannot perform their functional qualities. The received Goods must correspond to the description on the Website. Differences in design or decorative elements from the description stated on the Website are not considered a sign of improper quality;

• the appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Goods;

• upon delivery of the Goods, the Buyer signs the delivery receipt in the field: “Order accepted, completeness is full, I have no claims regarding the quantity and appearance of the goods”, or in another similar document issued by the Seller, in the field providing for the Buyer’s confirmation that they have no claims regarding the completeness, quantity and quality of the Goods. After receiving the Order, claims regarding external defects of the Goods, their quantity, completeness and marketable appearance are not accepted;

• if the Buyer was given Goods of improper quality and this was not agreed in advance by the Seller, the Buyer has the right to use the provisions of Article 18 “Consumer Rights in Case of Detection of Defects in Goods” of the Law of the Russian Federation “On Consumer Rights Protection”;

• requests for refund of the amount paid for the Goods shall be satisfied within 10 days from the date of submission of the relevant request in accordance with Article 22 of the Law of the Russian Federation “On Consumer Rights Protection”.

7.4 Refunds are made by returning the cost of the paid Goods to a bank card, in cash or by postal transfer. The method must be specified in the relevant field of the goods return application or in another similar document issued by the Seller.

7.5 Refunds for electronic lessons, courses and manuals are possible only before access to the lessons is provided to the Buyer. Access is provided to the Buyer immediately to all video lessons and classes at the same time after placing and paying for the Order on the Website. If the Buyer has received access to all video lessons, the service is considered rendered and no refund is possible.

8. Liability

8.1 The Seller is not liable for damage caused to the Buyer or the Goods as a result of improper use of Goods purchased in the Online Store.

9. Confidentiality and Information Protection

9.1 Personal data of the User/Buyer is processed in accordance with Federal Law No. 152-FZ “On Personal Data” dated July 27, 2006, as well as the Personal Data Processing Policy posted on the Website at: https://yogamatic.ru/privacy.

9.2 By providing their personal data to the Seller, as well as by ticking the appropriate box when placing an order, registering, filling out a form or sending a message through the Website, social networks, messengers and other communication channels of the Seller, the Website Visitor/User/Buyer consents to the processing of their personal data by the Seller in accordance with the Consent to the Processing of Personal Data posted at: https://yogamatic.ru/pd-consent, and the Personal Data Processing Policy posted at: https://yogamatic.ru/privacy.

9.3 Personal data may be processed for the purposes of fulfilling the Seller’s obligations to the Website Visitor/User/Buyer under this Public Offer, concluding and performing a purchase and sale agreement, processing and delivering orders, feedback, customer support, conducting prize draws, surveys, marketing campaigns, monitoring the satisfaction of the Website Visitor/User/Buyer, as well as the quality of goods and services provided by the Seller.

9.4 The Seller may send advertising and informational messages to the User/Buyer only if the User/Buyer has given separate consent to receive such messages, if such consent is required in accordance with applicable law. The terms of such consent are posted on the Website at: https://yogamatic.ru/consent.

9.5 The Seller has the right to use cookies and other similar technologies. We use cookies. More information about the use and processing of cookies, the purposes of their use, storage periods and ways to refuse their use is specified in the Consent to the Use and Processing of Cookies posted at: https://yogamatic.ru/cookies-consent.

9.6 Cookies may be used to ensure the proper operation of the Website, save user settings, operate the shopping cart, analyze traffic, improve the quality of the Website, personalize content and advertising offers.

9.7 The User may restrict or disable the use of cookies in their browser settings. In this case, certain functions of the Website may work incorrectly, including placing an order, saving items in the shopping cart and personal settings.

9.8 Detailed terms of personal data processing are contained in the Personal Data Processing Policy on the page: https://yogamatic.ru/privacy.

10. Term of the Public Offer

10.1 This Public Offer enters into force from the moment it is accepted by the Website Visitor/Buyer and remains valid until the acceptance of the Public Offer is withdrawn.

11. Additional Terms

11.1 The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relations with the Buyer to third parties.

11.2 The Online Store may be temporarily partially or completely unavailable due to maintenance or other works, or for any other technical reasons. The technical service of yogamatic.ru has the right to periodically carry out necessary maintenance or other works with or without prior notice to Buyers.

11.3 Relations between the User/Buyer and the Seller are governed by Russian law.

11.4 In case of questions or claims from the User/Buyer, they must contact the Seller by phone or in another available way. The parties will try to resolve all arising disputes through negotiations; if no agreement is reached, the dispute will be referred to a judicial authority in accordance with the current legislation of the Russian Federation.

11.5 Recognition by a court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.