Public Offer (Sale and Purchase Agreement) Public Offer (Sale and Purchase Agreement)

1. General provisions

The Seller is to be specified; its details are given in section 14. The Buyer is an individual who orders goods for personal needs not related to business activity. The Website is https://bmuse-shop.vercel.app.

The relationship between the parties is governed by the Civil Code of Ukraine (the “CC”), the Law of Ukraine “On Consumer Rights Protection” No. 1023-XII of 12 May 1991 (the “Consumer Protection Law”), the Law of Ukraine “On Electronic Commerce” and other Ukrainian legislation.

The terms of this offer do not limit your statutory rights. Terms that restrict the rights of a consumer buyer compared with the CC and consumer protection legislation are void (Art. 698(4) CC); in that case the statutory rule applies.

The contract is concluded in Ukrainian. The English and Russian versions are translations for convenience; in case of discrepancies, the Ukrainian version prevails (Art. 11(14) of the Law “On Electronic Commerce”).

2. Subject of the contract

The Seller undertakes to transfer ownership of the goods — B.MUSE women’s clothing — to the Buyer, and the Buyer undertakes to accept and pay for them (Arts. 655 and 698 CC).

The clothing is made in limited runs, so the manager confirms the availability of the model and size for each order.

On separate request, the Seller makes garments to the Buyer’s individual measurements. The specifics of such orders are set out in section 9.

The description, composition and sizes of each item are given on the product page. The shade of colour in photos may differ slightly depending on your screen settings. If an item does not match its description, this is a defect, and you have the rights described in the “Exchanges and Returns” document.

3. Placing and confirming an order

You choose a model and size, add them to the cart and fill in the order form: first and last name, phone, email (optional), preferred contact method, city and Nova Poshta branch, and a comment. Orders can also be placed via messenger.

After you submit the form, the website shows an order number — this confirms that we have received it (Art. 11(7) of the Law “On Electronic Commerce”). The request does not yet oblige you to buy, and nothing is charged automatically.

The manager contacts you by your chosen method and agrees the price, size, availability, delivery time and cost, and payment method.

The manager sends the agreed terms in writing — by messenger or email. After that we do not change them unilaterally (Art. 13(3) of the Consumer Protection Law).

The contract is concluded when you confirm the agreed terms — by replying to the manager’s message or by paying (Art. 642 CC; Art. 11(3) of the Law “On Electronic Commerce”). Until then either party may withdraw from the request without any consequences.

If a model or size is unavailable, the manager will tell you. We never replace the ordered item with another one without your consent.

4. Price

If an item on the website is marked “price on request”, the manager tells you the price before the contract is concluded. Prices are in hryvnias (UAH).

The price is the same for all buyers, except where benefits are granted by law (Art. 633(2) CC). Taxes payable by the Seller are already included in the price; no additional tax payments are charged to you.

The delivery cost is not included in the price of the goods and is communicated before the contract is concluded.

The price stated in the order confirmation is final for that order.

5. Payment

• a fixed prepayment of UAH 300 (three hundred hryvnias) after the order is confirmed, with the rest of the price paid cash on delivery when collecting the goods at a Nova Poshta branch or parcel locker; the carrier charges its own money-transfer fee;
• full payment by transfer to the Seller’s card or current account using the details the manager sends after the order is confirmed.

You choose the payment method at checkout; the final amount and payment term are agreed with the manager when the order is confirmed. Cash on delivery is available only with Nova Poshta delivery. If the order is cancelled before dispatch or you withdraw from the contract within the statutory period, the prepayment is refunded within 7 days.

Once online payment becomes available on the website, it is processed by the acquiring bank’s payment service indicated on the payment page. You enter your card details on that service’s page — the Seller neither receives nor stores them.

We do not charge you without your confirmation of the order.

A payment receipt (including an electronic one) is provided in the cases and in the manner established by law (Art. 11(11) of the Law “On Electronic Commerce”).

6. Delivery

We deliver via Nova Poshta to a branch or parcel locker, or by another method agreed with the manager.

Delivery is paid by the Buyer at the carrier’s rates unless otherwise agreed with the manager.

The manager tells you the dispatch time. Unless another term is agreed, we hand the goods over for delivery no later than 30 days after the contract is concluded. If the order cannot be fulfilled, we will notify you immediately (Art. 13(6) of the Consumer Protection Law) and refund any payment within 7 days.

We recommend inspecting the parcel at the branch when you collect it. If the packaging is damaged or the contents do not match the order, record this with the carrier’s staff and let us know. This speeds up a resolution but does not limit your rights.

7. Ownership and risk

The Seller arranges delivery, so its obligation to deliver the goods is fulfilled when the goods are handed to you (Art. 664(1)(1) CC).

Ownership of the goods and the risk of their accidental loss or damage pass to you when you receive the goods (Arts. 334 and 668 CC). Until then the risk is borne by the Seller.

8. Exchanges, returns and defects

You may exchange or return goods of proper quality and withdraw from a distance contract within 14 days of receiving the goods (Arts. 9 and 13 of the Consumer Protection Law; Art. 707 CC).

If an item is defective, you may demand a replacement, a price reduction, free repair of the defect, reimbursement of repair costs, or a refund (Art. 708 CC; Art. 8 of the Consumer Protection Law).

The procedure, time limits and who pays for delivery are set out in the “Exchanges and Returns” document, which forms part of this offer.

9. Made-to-measure tailoring

A made-to-measure order is a consumer work contract (Art. 865 CC); the terms of this offer apply to it unless its nature requires otherwise.

The garment is made to the measurements and specifications you provide and agree with the manager: model, fabric, colour, dimensions, production time and price. Payment terms, including any prepayment, are agreed before work begins.

Such a garment is made specifically for you and cannot be sold to other people without significant loss. Therefore the right to withdraw from a distance contract does not apply to it (Art. 13(5)(3) of the Consumer Protection Law), and it is not exchanged or returned merely because you do not like it, provided it matches the agreed measurements and specifications.

If the garment does not match the agreed measurements or specifications or has another defect, you have the rights under Art. 10 of the Consumer Protection Law: free correction of defects within a reasonable time, a price reduction, making another garment from the same material, compensation for losses, and, for material defects, termination of the contract.

A standard-size model from the collection that is sewn after you order it is not made-to-measure: the usual exchange and return rules apply to it.

10. Liability

The parties are liable for non-performance or improper performance of the contract under Ukrainian law. The Seller does not limit its statutory liability to a consumer buyer.

A party is released from liability if it proves that the breach resulted from an accident or force majeure (Art. 617 CC). We will inform you of such circumstances as soon as possible.

The Seller is not liable for defects that arose after the goods were handed over as a result of a breach of the care instructions on the label or of storage rules, if it proves this (Art. 8(14) of the Consumer Protection Law).

11. Personal data

To fulfil your order, we process the data you provide in the form and in correspondence. What data, why, to whom we transfer it, how long we keep it and what your rights are is described in the Privacy Policy (Law of Ukraine “On Personal Data Protection”).

12. Complaints and disputes

We accept complaints by phone at to be specified, by email at to be specified, via Instagram Direct (@b.m.u.s.e), or in writing at to be specified. Please state your order number and the substance of your claim.

The parties seek to resolve disputes through negotiation. You may also contact the State Service of Ukraine on Food Safety and Consumer Protection (Derzhprodspozhyvsluzhba) or go to court.

A consumer protection claim may also be filed at your place of residence or stay (Art. 28(5) of the Civil Procedure Code of Ukraine). Consumers are exempt from court fees in claims related to violations of their rights (Art. 22(3) of the Consumer Protection Law).

13. Term and amendments

The offer is valid from the day it is published on the website until it is withdrawn. The Seller may amend it; a new version takes effect on the day of publication and does not apply to contracts concluded earlier.

The current version is always available on the website. You can save or print it — in that form its content cannot change (Art. 11(7) of the Law “On Electronic Commerce”).

14. Seller details

• to be specified
• Taxpayer number / EDRPOU code: to be specified
• Address: to be specified
• Phone: to be specified
• Email: to be specified
• Instagram: @b.m.u.s.e
• Website: https://bmuse-shop.vercel.app

B.MUSE brand.