Public Offer

1. Basic Terms Used in the Agreement

1.1 Marketplace Owner - a legal entity, OOO “OY STARTECH” (registered under number 2144204 TIN: 310401524. Legal address: Republic of Uzbekistan, Tashkent, Yashnobod district, Shokhimardon mahalla, Khossiyatli MSG, Iltifot street, house 86), administering the Marketplace.

1.2 Content - any information or materials posted on the Marketplace, including but not limited to images and descriptions of goods, services, works, and other related materials, reviews of goods, descriptions, and logos of the Seller, other related materials, reviews of the product, complaints, suggestions, and other forms of feedback.

1.3 Personal Account - a special page created by the Seller or Buyer on the Marketplace, intended for posting goods and making purchases.

1.4 Marketplace - a website at https://oy-gul.uz, providing access to the Marketplace and integrated with the Marketplace Owner’s software and Content. The Marketplace is designed for the online sale of goods, conducting electronic transactions between Buyers and Sellers registered on the Marketplace.

1.5 Order Placement - actions taken by the Buyer aimed at concluding a sales contract with the Seller and a service contract for the delivery of the purchased goods with the Marketplace Owner.

1.6 Buyer - an individual without legal restrictions to accept this Agreement, who has accessed the Marketplace to purchase goods.

1.7 Recipient - the individual specified by the Buyer to whom the goods will be delivered or the Buyer themselves.

1.8 Seller - a legal entity or individual entrepreneur registered on the Marketplace to create their own account and personal account on the Marketplace platform for selling goods through the Marketplace.

1.9 Buyer’s Registration Data - information about the Buyer provided during Registration on the Marketplace in accordance with this Agreement, including Account data, email address, etc., as well as any changes and additions to such information indicated by the Buyer directly in the Personal Account.

1.10 Buyer Registration - a set of actions taken by the Buyer in accordance with the instructions provided on the Marketplace, including providing Registration Data and other information, carried out by the Buyer using a special form of the user interface of the Marketplace for creating a Buyer’s Personal Account and gaining access to certain services of the Marketplace available to Buyers.

1.12 Goods - flower bouquets and confectionery (sweets).

1.13 Account Data - a unique login and password created by the Buyer during Registration on the Marketplace, used to access the Buyer’s Personal Account and to identify the Buyer as a party to this Agreement. The Account data collectively are recognized as the equivalent of the Buyer’s handwritten signature when concluding this Agreement and making notifications, transferring information, and performing other actions.

2. General Provisions

2.1 This Agreement is a public offer and constitutes an offer containing all essential terms of the contract, expressing the will of the Marketplace Owner, making an offer to the Seller and the Buyer to conclude a contract regarding the use of the Marketplace on the terms offered by the Marketplace Owner in accordance with this Agreement.

2.2 The full and unconditional acceptance of this offer by the Marketplace Owner by the Buyer is carried out by the User’s actions, indicating acceptance (conclusive actions) of this Agreement by registering the Buyer on the Marketplace.

2.3 To register, the Buyer undertakes to provide accurate and complete information about themselves on the issues proposed in the registration form and to keep this information up to date. If the Buyer provides false information or if the Marketplace Owner has reasons to believe that the information provided by the Buyer is incomplete or inaccurate, the Marketplace Owner has the right at its discretion to block or delete the Buyer’s Personal Account and deny the Buyer the use of its service (or its specific functions).

2.4 The full and unconditional acceptance of this offer by the Marketplace Owner by the Seller is carried out by the Seller’s actions, indicating acceptance (conclusive actions) of this Agreement by posting goods on the Marketplace.

2.5 This Agreement may be amended in whole or in part by the Marketplace Owner at any time, without any special notice. The new version of the Agreement comes into force from the moment of its publication on the Marketplace.

2.6 The use of the Marketplace is allowed strictly on the terms of this Agreement. The Seller and Buyer are entitled to use the Marketplace only if they fully accept the rules of the Agreement. The use of the Marketplace’s software in violation of (non-compliance with) any of the conditions of the Agreement is prohibited.

3. Rights and Obligations

3.1 The Marketplace Owner has the right to:

3.1.1 Change the terms of this Agreement unilaterally without prior notice to the Buyer and/or Seller.

3.1.2 Require the Buyer to confirm the data provided during registration and request, in this regard, an identity document. If such a document is not provided and/or if the data provided by the Buyer in the documents does not match the data provided during registration, or if the data provided during registration does not allow identifying the Buyer, the Marketplace Owner has the right to block or delete the Buyer’s Personal Account.

3.1.3 Prohibit the Buyer from using certain logins and establish requirements for the login and password (length, allowed characters, etc.).

3.1.4 Store and process the Buyer’s personal data.

3.1.5 Set limitations on the use of the Marketplace’s functionality.

3.1.6 Send informational messages to Buyers. By using the Marketplace, the Buyer consents to receiving promotional messages.

3.1.7 Conduct surveys among Buyers on various issues. Reviews left by the Buyer using their Personal Account may also be published on the Marketplace, both with and without indicating the Buyer’s name (login).

3.1.8 Take any measures to identify and suppress unlawful actions related to the use of the Marketplace by the Seller and the Marketplace by the Buyer.

3.2. The Marketplace Owner undertakes to:

3.2.1 Provide delivery services for goods to the Buyer or the order Recipient.

3.3. The Seller has the right to:

3.3.1 Post information about the product and its photograph.

3.3.2 Conduct promotions and/or announce discounts on the product.

3.4. The Seller undertakes to:

3.4.1 Immediately notify the Marketplace Owner of any unauthorized (unauthorized) access to the Marketplace using the Seller’s Personal Account and/or any breach (suspicions of breach) of the confidentiality of their access means to the Personal Account. For security purposes, the Seller is obliged to independently ensure the safe completion of work in their personal account (the “Logout” button) at the end of each session of working with the Marketplace.

3.5. The Buyer has the right to:

3.5.1 Search for information and receive it on the Marketplace.

3.5.2 Gain access to the Personal Account and to the relevant functions and features available at the time of registration.

3.5.3 Return and/or exchange the product in accordance with the terms of this Agreement.

3.5.4 Delete their Personal Account on the Marketplace at any time. In this case, the Personal Account is blocked for 15 days. If the Buyer’s Personal Account is restored within 15 days, access to the Personal Account for the Buyer will be restored. If within the specified period the Buyer’s personal account is not restored, all content posted using it will be deleted, and the login will be available for use by another person. In this case, restoring the personal account and any information related to it is not possible.

3.5.5 Post reviews of products purchased through the Marketplace.

3.6. The Buyer undertakes to:

3.6.1 Familiarize themselves with the contents of this Agreement before registering on the Marketplace.

3.6.2 Accept and pay for the goods in accordance with the terms of this Agreement.

4. Purchase and Delivery of Goods

4.1. Formation, placement, and payment of the order 4.1.1. The Buyer independently forms an order from the goods posted on the Marketplace.

4.1.2 For the purpose of forming an order, the Buyer selects the goods, adding them to the cart. After filling the cart, the Buyer proceeds to place the order.

4.1.3 When placing an order, the Buyer specifies: • delivery address (including: city, street, house, entrance, floor, apartment/office, presence of an elevator); • date and time of delivery; • Buyer’s phone number; • full name and phone number of the order recipient; • name and quantity of the goods; • additional information at the discretion of the Buyer.

4.1.4 The order is considered placed by the Buyer after the order is paid for through the Click payment system and an individual number is assigned to it. Information about the assigned individual order number is displayed in the Buyer’s Personal Account in the “Orders” tab.

4.1.5 After placing the order, the delivery conditions of the goods are reflected in the Buyer’s Personal Account in the “Orders” tab and in the Seller’s account.

4.1.6 After placing the order, the Seller will start preparing the order and, upon completion of the order preparation, send the Buyer a photograph of the goods ready for delivery through the chat within the Marketplace.

4.1.7 The order is considered confirmed by the Buyer from the moment the Buyer approves the photograph of the goods. Such confirmation by the Buyer means that the goods ready for delivery correspond to the goods selected on the Marketplace.

4.1.8 The sales contract between the Buyer and the Seller is considered concluded from the moment the order is confirmed by the Buyer.

4. Purchase and Delivery of Goods

4.2. Delivery and receipt of goods 4.2.1. Delivery of goods is carried out only within the city of Tashkent.

4.2.2 Delivery of goods is carried out after the order is paid for by the Buyer within the timeframe specified when placing the order. If a specific delivery timeframe was not specified when placing the order, delivery is carried out within the timeframe specified on the Marketplace.

4.2.3 Delivery is carried out by the Marketplace Owner to the address specified when placing the order.

4.2.4 Upon arrival at the Recipient’s address, the courier makes 3 calls within 5 minutes to the recipient’s number specified by the Buyer when placing the order. If the recipient does not answer the courier’s calls, the courier will write to the Marketplace Support Service. The Support Service contacts the Buyer and asks them to contact the Recipient within 10 minutes. If the Support Service cannot contact the Buyer after 3 calls or the Buyer does not contact the Recipient within 10 minutes, the courier returns the goods to the Seller’s store, and the Buyer is given 24 hours to contact the Support Service and specify a new delivery address. The Buyer must pay an amount of 3% of the order amount for returning the order to the Seller’s store and from the store to the new Recipient’s address. If the Buyer does not inform the Support Service of the new Recipient’s address or does not pay the amount of 3% of the order amount within 24 hours from the moment the order is returned to the Seller’s store, the order is canceled, and the order amount is non-refundable.

4. Purchase and Delivery of Goods

4.3 Return of goods and money:

4.3.1 Upon receipt of the goods, the recipient must check the goods for defects (defects) of the goods. In case of defects, the recipient will verbally inform the courier. The courier must photograph the defect indicated by the recipient and send the photograph to the Marketplace Owner’s Support Service.

4.3.2 The Support Service must confirm receipt of the photograph within 5 minutes of sending the photograph and contact the Seller. If the Seller confirms the defect of the goods, the courier returns the goods to the Seller’s store. In this case, the Seller must refund the Buyer the order amount within 30 days from the day the goods are returned to the Seller’s store.

4.3.3 The presence of a defect in the goods is determined by comparing the photograph sent by the courier and the photograph approved by the Buyer before delivery. If, based on the results of comparing the photographs, it is determined that the condition of the goods upon delivery has deteriorated by 20% or more, the goods are considered to have defects, and the Recipient has the right not to accept such goods.

4.3.4 If, upon receipt of the goods, the Recipient does not present any claims regarding defects in the goods, the delivered goods are considered of good quality and are non-returnable.

4.3.5 In all other cases, the goods and the money paid for the goods are non-returnable.

5. Buyer Reviews

5.1 The Buyer has the right to leave a review about the Seller, product, and delivery, as well as rate the Seller, product, and delivery in accordance with the terms of this Agreement.

5.2 The Buyer guarantees that the proprietary rights to use the results of intellectual activity or means of individualization contained in the review, including text, drawings, photographic images, trademarks, etc., belong to the Buyer or are used by them legally with the consent of the copyright holder.

5.3 The review must not contain:

5.3.1 Obscene language;

5.3.2 Evaluation of personalities or objects not related to the purchased product;

5.3.3 Negative reviews that do not indicate the reasons why the recipient did not like the product;

5.3.4 The aim to start a discussion or insult others;

5.3.5 A large number of lexical, spelling, and other errors;

5.3.6 Advertising materials, including phone numbers, addresses, links to other Marketplaces, images, and videos of other products;

5.3.7 Any other unrelated text, images, videos, not related to the commented product;

5.3.8 Materials from other Marketplaces or from the media;

5.3.9 Information, including on how to use the product, which may cause harm to the health and development of third parties.

5.4 If the Buyer’s review does not comply with one of the requirements specified in clause 5.3. of this Agreement, the Marketplace Owner has the right not to publish it on the Marketplace.

5.5 After checking the review content for compliance with the requirements of the legislation of the Republic of Uzbekistan and clause 5.3. of this Agreement, the Marketplace Owner publishes it on the Marketplace.

5.6 The Marketplace Owner is not responsible for the content of published reviews, as they express the opinions of the Buyers.

5.7 By posting a review of the product and/or the Seller, the Buyer simultaneously grants the Marketplace Owner the right to use the relevant review content without paying any remuneration or obtaining any additional consents or permissions from the Buyer.

6. Receiving Information and Promotional Messages by the Buyer

6.1 The Marketplace Owner has the right to send informational, including promotional messages, to the Buyer’s email and mobile phone with their consent, expressed by performing actions that unequivocally identify this subscriber and reliably establish their will to receive the message. The Buyer has the right to refuse to receive promotional and other information without explaining the reasons for refusal by informing the Marketplace Owner of their refusal in the Buyer’s Personal Account.

6.2 Service messages informing the Buyer about the Order and its processing stages are sent automatically and cannot be declined by the Buyer.

7. Responsibility

7.1 The Marketplace is provided on an “as is” basis, i.e., without warranties of quality and suitability for any explicit or implied purposes of the Buyer. The Marketplace Owner has the right, if necessary, at its discretion to temporarily or permanently discontinue providing the ability to use the Marketplace or any individual functions to all Buyers in general or to a specific Buyer, in particular, without prior notice.

7.2 The Buyer is independently responsible for the security (resistance to guessing) of the means they choose for accessing the Personal Account and ensures their confidentiality independently. The Buyer is independently responsible for all actions and their consequences within or using the Marketplace, including cases of voluntary transfer of the Buyer’s access data to their Personal Account to third parties on any terms.

7.3 The Seller is independently responsible for the compliance of the content posted by the Seller with the requirements of the current legislation of the Republic of Uzbekistan, including responsibility to third parties in cases where the placement of certain content or the content itself violates the rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual property rights of third parties, and/or infringes on their intangible benefits.

7.4 The Seller acknowledges and agrees that the Marketplace Owner is not obliged to review any type of content posted and/or distributed by the Seller through the Marketplace and that the Marketplace Owner has the right at its discretion to refuse the Seller the placement and/or distribution of any content or delete any content that is available through the Marketplace.

7.5 The Marketplace Owner is not responsible for the actions of Sellers, the quality, and properties of goods offered by Sellers, the completeness, and accuracy of information about goods that Sellers provide for placement on the Marketplace. Any claims and appeals related to the quality of goods and/or the responsibilities of the Seller received by the Marketplace Owner from the Buyer will be forwarded to the respective Seller.

7.6 The Marketplace Owner is not responsible for any damage caused to the Buyer as a result of using or being unable to use the materials of the Marketplace. All responsibility for the content and accuracy of the offers, as well as for any direct or indirect damage resulting from the use of information posted on the Marketplace, lies with the Seller who posted the relevant offer.

7.7 The Marketplace Owner does not guarantee uninterrupted operation of the Marketplace and compliance with any recovery deadlines in case of interruptions in operation. The Marketplace Owner takes the necessary measures to provide Buyers with quality service, including during technical breaks in the operation of the Marketplace.

7.8 The Marketplace Owner does not guarantee that the Marketplace meets or will meet the Buyer’s requirements, will operate continuously, quickly, reliably, and without errors, and that the information and services received using the Marketplace will possibly match the Buyer’s expectations.

8. Procedure for Submission and Consideration of Buyer Claims

8.1 Buyer claims and demands are accepted by the Marketplace Support Service in the Chat or by email at marketing@oystartech.uz.

8.2 The claim must include the following information: order number; description of the grounds for the claim; Buyer’s demand; payment details, passport data, PINFL, and TIN of the Buyer if a refund claim is made.

8.3 Upon receipt of the claim, the Support Service will send it to the Seller on the same day. The Seller must review the claim within 1 day and respond in writing to the Marketplace Support Service.

8.4 After receiving a response from the Seller, the Marketplace Support Service will send it to the Buyer on the same day.

8.5 Claims from the Buyer or the Recipient regarding the quality of the goods are accepted only upon receipt of the goods from the courier in accordance with clause 4.3.1. of this Agreement.

9. Processing of Buyer’s Personal Data

9.1 By providing their personal data, the Buyer consents to their processing for the purposes specified in this Agreement.

9.2 The purposes of processing the Marketplace Owner’s personal data of Buyers are: Registration and access to the Buyer’s Personal Account; Formation of an Order and delivery of goods; Formation and sending information about goods offers on the Marketplace, advertising, other information about the operation of the Marketplace, Sellers, Marketplace Owner;

9.3 When registering on the Marketplace, the Buyer provides the following information: - Last name, first name, and patronymic; - contact phone number; - email address; - date of birth; - gender.

9.4 The Buyer’s IP address is used for geolocation service, forming personalized offers, and delivering goods.

9.5 The Buyer can independently change their personal data in the Personal Account using their personal data.

9.6 The Buyer may terminate this Agreement at any time and withdraw their consent to the processing of personal data by the Marketplace Owner by sending a statement in written or electronic form containing the same personal data provided to the Marketplace Owner or information about the main document proving the Buyer’s identity. Withdrawal of consent to the processing of personal data by the Marketplace Owner means the termination of this Agreement by the Buyer and results in the termination of access to the Marketplace provided by the Marketplace Owner.

9.7 In case the Buyer withdraws consent to the processing of personal data by the Marketplace Owner, their personal data will be destroyed.

10. Confidentiality Terms

10.1 The Marketplace Owner takes the necessary and sufficient organizational and technical measures to protect the Buyer’s personal data from unlawful or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions by third parties.

11. Final Provisions

11.1 This Agreement is governed and interpreted in accordance with the legislation of the Republic of Uzbekistan. All disputes arising from this Agreement are resolved in the manner prescribed by the current legislation of the Republic of Uzbekistan.