This Purchase Agreement (hereinafter – the “Agreement”) is a public agreement concluded remotely and simultaneously constitutes a public offer – a proposal by the Seller to enter into a public purchase agreement for goods using remote communication means, i.e., through the Seller’s online store located at: https://blastoutstudio.com/, with any interested party in accordance with the terms set forth in this Agreement.

1. Terms and Definitions. General Provisions

1.1. Terms and definitions used in this Agreement shall have the following meanings:

  • Website – the Seller’s online store website located on the Internet at https://blastoutstudio.com/, including all its web pages.

  • Seller – Individual Entrepreneur Burkovska Maria Maksymivna, TIN: 3755009588, Ukraine, 01001, Kyiv Region, Kyiv, Olhynska St., 6. Email: burkovskayamaria3@gmail.com, Tel: +38(096)-825-73-57.

  • Buyer – any legally capable individual over 18 years old, a legal entity, or an individual entrepreneur intending to place and/or placing an order on the Website to purchase goods.

  • Goods – the list of products published on the Website, offered for remote sale under this Agreement through the Seller’s online store.

  • Public Agreement – an agreement under which the Seller undertakes to sell goods to anyone who applies under the terms stipulated in this Agreement.

  • Public Offer – a public proposal addressed to an indefinite circle of persons by the Seller to conclude an electronic remote purchase agreement for goods through the Seller’s online store under the terms defined by the Seller.

  • Acceptance – the Buyer’s full and unconditional consent to the Seller’s proposal to enter into a Public Agreement on the terms specified in the Public Agreement by performing an action specified in this Agreement aimed at accepting the Public Offer.

  • Order – a properly completed request by the Buyer submitted via the Website or sent by e-mail to the Seller to purchase selected goods.

  • Significant Defect – a defect that makes it impossible or unacceptable to use the goods for their intended purpose, caused by the manufacturer (Seller), which reappears after elimination for reasons beyond the Buyer’s control and has at least one of the following features:
    A) it cannot be eliminated at all;
    B) its elimination requires more than fourteen (14) calendar days;
    C) it makes the goods materially different from what is stipulated in the Agreement.

  • Defect – any non-compliance of the goods with regulatory requirements, the terms of this Agreement, or information provided by the manufacturer (Seller).

1.2. This Agreement is a public agreement pursuant to Article 633 of the Civil Code of Ukraine, the terms of which are established equally for all Buyers.

1.3. This Agreement is posted on the Website and constitutes a public offer pursuant to Article 633 of the Civil Code of Ukraine.

1.4. This Agreement is a standard-form contract pursuant to Article 634 of the Civil Code of Ukraine, i.e., it can only be concluded by the Buyer joining the proposed Agreement in full. The Buyer cannot propose their own terms.

1.5. The Seller reserves the right to limit the quantity of goods offered for sale on the Website. Product descriptions may be changed by the Seller at any time without prior notice. The Seller reserves the right to discontinue production of any goods at any time.

1.6. Images of goods on the Website may differ from the actual appearance of the goods. The Seller does not guarantee exact color or texture display on each device. The Seller does not guarantee that the purchased goods will meet your expectations. Descriptions and characteristics of goods on the Website are not exhaustive and may contain errors. Buyers may obtain complete information by contacting the Seller. Contact information is available on the Website.

1.7. The price of goods and delivery costs are specified on the Website in the relevant sections and additionally displayed when placing an order and in the electronic order confirmation.

1.8. By concluding this Agreement, the Buyer confirms that they are fully familiar with and agree to its terms. Furthermore, by concluding this Agreement, the Buyer acknowledges that they are aware of their rights under the Law of Ukraine “On Personal Data Protection” regarding the purposes of data collection. The scope of the Buyer’s rights as a personal data subject is known and understood.

1.9. This Agreement is considered concluded at the moment the Buyer places an order in accordance with Section 4 of this Agreement.

2. Subject of the Agreement

2.1. Under the terms and in the manner specified in this Agreement, the Seller undertakes to transfer ownership of the Goods to the Buyer based on the order placed by the Buyer on the Website, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

2.2. Ownership of the Goods passes to the Buyer at the moment the Buyer accepts the Goods under the terms established by this Agreement.

2.3. The Seller guarantees that the Goods are not pledged, are not subject to any dispute, are not under arrest, and no third-party rights exist with respect to them.

2.4. The Seller has the right to unilaterally suspend the fulfillment of obligations under this Agreement in the event of the Buyer's violation of the terms of this Agreement.

3. Procedure for Accepting the Offer to Conclude the Agreement

3.1. The Buyer's acceptance of the offer to conclude this Agreement is carried out by placing an order for the Goods in the online store under the terms specified in this Agreement.

4. Order Placement Procedure

4.1. The Buyer independently selects the Goods on the Website and adds the selected Goods to the virtual "cart" by clicking the "Add to Cart" button.

4.2. After clicking the "Proceed to Payment" button, the Buyer fills out the order form, specifying their first name, last name, e-mail, phone number, delivery method, delivery address, payment method, and other information necessary for the Seller to fulfill its obligations under the Agreement.

4.3. By clicking the "Place Order" button, the Buyer agrees to all the terms of this Agreement and confirms that they have received complete information about the Goods, their main characteristics, price, cost, and delivery terms.

4.4. The Buyer has the right to place an order by sending an e-mail to the address listed on the Website.

4.5. The order is considered placed after performing the actions specified in clauses 4.1 and 4.2 of this Agreement and clicking the "Place Order" button, or by performing the action provided for in clause 4.4 of this Agreement.

5. Order Processing and Confirmation

5.1. The Seller’s order confirmation period is up to 2 (two) business days from the moment the order is placed. If the Seller requires additional time to confirm the order, such a period shall be agreed upon with the Buyer separately. If the order is placed on a weekend or public holiday, the confirmation period begins on the first business day after the weekend/holiday.

5.2. The Seller confirms the order by sending an e-mail to the address provided by the Buyer when placing the order, containing the main characteristics of the Goods, the order number assigned by the Seller, the price of the Goods, their quantity, delivery cost, and information about the delivery timeframe for the ordered Goods (if the Buyer has requested delivery).

5.3. If it is impossible to fulfill the confirmed order due to the unavailability of the ordered Goods, the Seller shall immediately notify the Buyer, but no later than 10 (ten) days from the moment the order was placed.

6. Website Registration

6.1. Registration on the Website can be done in the "My Account" section.

6.2. Registration on the Website is not mandatory for placing an order.

6.3. When registering on the Website, the Buyer undertakes to provide accurate and truthful information about themselves and their contact details to allow the Seller to fulfill its obligations to the Buyer and deliver the Goods.

6.4. The Buyer undertakes not to disclose the login and password provided during registration to third parties.

6.5. The Buyer bears full responsibility for the security and confidentiality of the login and password provided during registration on the Website.

6.6. The Buyer is solely responsible for all actions performed using their login and password, i.e., on their behalf.

7. Product Price and Payment Terms

7.1. The price of the Goods is indicated on the Website for each unit separately and includes taxes. The Seller is not a VAT payer.

7.2. All prices for the Goods are indicated in the national currency of Ukraine – hryvnia (UAH). Prices may additionally (for reference) be shown in USD or other foreign currencies; however, all payments for the Goods are made in UAH. In case of payment from a Buyer’s account in a foreign currency, the amount actually debited from such account may differ from the price indicated on the Website due to fluctuations in the exchange rate set by the National Bank of Ukraine. All costs associated with commissions and other charges imposed by the bank for foreign currency conversion are borne by the Buyer.

7.3. Payment for the Goods is made on the terms of 100% prepayment via cashless methods using bank cards in accordance with the rules of the relevant payment system immediately after the Buyer selects the Goods.

7.4. The choice of the payment system is made independently by the Buyer and indicated when placing the order. When paying for the order, an additional commission may be charged by the card issuer, including but not limited to Visa, Mastercard, Visa Electron, Mastercard Electronic, and Maestro.

8. Delivery Terms, Cost, and Conditions

8.1. Delivery of the Goods is carried out within Ukraine or abroad using third parties (delivery services, logistics companies, etc., at the Seller’s discretion).

8.2. If the Goods selected by the Buyer are in stock, the processing and preparation period for shipment by the Seller is up to 4 (four) business days from the moment the order is placed. If the order is placed on a weekend or public holiday, the preparation period starts from the first business day after the weekend/holiday.

8.3. Regardless of the chosen delivery method, the Seller’s obligation to deliver the Goods is considered fully fulfilled from the moment the Goods are handed over to the relevant transport company or delivery service.

8.4. Delivery is carried out according to the timelines and conditions of the respective delivery service, logistics company, etc.

8.5. The Buyer fully and unconditionally agrees to the rules of cargo transportation by delivery services.

8.6. The Goods are handed over to the Buyer upon presentation of an identification document of the person receiving the Goods.

8.7. Delivery of the Goods within Ukraine is paid by the Buyer.

8.8. Costs for returning the Goods to the Seller, including in case of exchange, are borne by the Seller in accordance with the tariffs of the delivery service chosen by the Buyer.

8.9. The cost of delivery outside Ukraine is determined automatically when placing the order after specifying the delivery method and delivery address, and is additionally indicated in the electronic order confirmation.

8.10. When delivering Goods outside Ukraine, the Buyer pays customs duties in the amount and manner provided by the legislation of the country to which the delivery is made, directly to the courier at the time of receipt of the order or in another convenient way for the Buyer. More details about delivery conditions outside Ukraine: https://blastoutstudio.com/pages/shipping-and-returns

9. Procedure for Acceptance of Goods

9.1. The Buyer accepts the Goods at the moment of delivery.

9.2. Upon acceptance of the Goods, the Buyer must check the external integrity of the packaging, then open it and directly verify the proper external condition of the Goods (absence of mechanical damage) and the completeness of the set.

9.3. If there are no claims regarding the quality or completeness of the Goods, the Buyer is obliged to accept the Goods. The fact of receipt of the Goods and the absence of claims regarding quality or completeness, when delivered by a carrier company, is confirmed by the Buyer’s signature on the delivery note, carrier’s declaration, or invoice upon receipt of the Goods.

If the Goods do not comply with the terms of sale (as indicated in the invoice), are incomplete, or of inadequate quality, the consumer may refuse to accept such Goods. This refusal is documented in an act specifying the reasons for the refusal.

9.4. The Seller provides the Buyer with a document confirming the purchase, either in paper or electronic form.

9.5. Care instructions for the Goods are provided on the label or on the product page on the Website.

10. Return and Exchange of Goods. Termination of the Agreement

10.1. The Buyer has the right to return or exchange received Goods of proper quality for similar Goods within 14 (fourteen) calendar days from the date of receipt, not counting the day of purchase, provided that all of the following conditions are met:

10.1.1. The Goods have not been used, washed, or damaged; their commercial appearance and consumer properties are preserved; original tags and labels on clothing are intact; and the document confirming the purchase is present. There should be no traces of deodorant or other stains on the Goods.

10.1.2. The Goods are not included in the list of items defined in Appendix No. 3 to the Resolution of the Cabinet of Ministers of Ukraine dated March 19, 1994, No. 172 "On the Implementation of Certain Provisions of the Law of Ukraine ‘On Consumer Rights Protection’" as items not subject to exchange or return (e.g., underwear, hosiery products, etc.).

10.1.3. The Goods were purchased directly on the Website. Returns and exchanges of goods purchased in partner stores are not accepted.

10.2. The Buyer has no right to return or exchange underwear and hosiery products of proper quality under any circumstances.

10.3. If at the time of exchange the equivalent product is unavailable, the Buyer has the right to either purchase other Goods from the available assortment with the appropriate price adjustment, terminate the Agreement and receive a refund of the returned Goods’ cost, or exchange the Goods for a similar item as soon as it becomes available.

10.4. The Buyer or the Seller has the right to terminate this Agreement at any time before the Goods are handed over to the delivery service, in accordance with Section 8 of this Agreement. If the Agreement is terminated after the Goods have been handed over to the delivery service, the cost of delivery services is reimbursed to the Seller by the Buyer by deducting this amount from the prepaid Goods. The remaining amount is returned to the Buyer’s account from which the payment was made.

10.5. The Buyer has the right to terminate this Agreement within 14 (fourteen) calendar days from the date of receipt of the Goods, not counting the day of purchase, provided that all conditions specified in clauses 10.1.1 and 10.1.2 of this Agreement are met.

10.6. Defects must be documented by photo and/or video. Within 2 (two) days, the Buyer must notify the Seller of any detected defects and the intention to exchange or return the Goods.

10.7. If the Goods were sent to the Buyer by a delivery service, in the event of termination of the Agreement, such Goods must also be returned via the delivery service.

10.8. In the case of termination of the Agreement and return of Goods that were paid for by the Buyer via cashless payment, the Seller shall refund the amount within 7 (seven) days from the moment the Goods are returned to the Buyer’s account used for payment.

10.9. The Seller is not responsible for orders automatically returned without prior notification of the intention to return or exchange, or without the order number.

11. Warranty Obligations

11.1. The Seller guarantees that the Goods comply with the state standards and/or technical specifications of Ukraine that establish requirements for this type of product.

11.2. The warranty period is 60 calendar days for the entire range of products in case a significant defect is found within this period. The warranty period begins from the day the Goods are delivered to the Buyer. The Goods are non-seasonal.

Claims regarding defects after the expiration of the warranty period are not considered.

11.3. The Seller is responsible for defects in the Goods if the Buyer proves that they arose before the Goods were handed over or due to causes that existed prior to that moment.

11.4. The Seller is not responsible for defects in the Goods if they occurred after the Goods were delivered to the Buyer due to the Buyer’s violation of usage rules (care instructions), improper storage, actions of third parties, or force majeure.

12. Procedure for Filing a Claim Regarding the Goods

12.1. In case of any claims regarding the purchased Goods, the Buyer has the right to contact the Seller by sending an email to the address provided on the Website.

12.2. Claims are reviewed within 10 (ten) working days from the moment the claim is received.

12.3. Defects and significant defects must be documented by photo and/or video. For claims regarding significant defects caused by the manufacturer (Seller) or product falsification, the Buyer must provide an expert evaluation.

12.4. After the Buyer receives the Goods, claims regarding the appearance of the Goods or their completeness are not accepted.

13. Term of the Public Offer

13.1. The term of this public offer is established from December 27, 2024, to December 29, 2026.

13.2. The Seller may withdraw this public offer at any time, which shall not be a ground for termination of already concluded agreements.

13.3. The Seller has the right to unilaterally make changes to this Agreement with simultaneous posting on the Website. Changes made to this Agreement do not apply to agreements concluded before such changes are posted on the Website.

14. Liability of the Parties

14.1. The Parties are liable for non-performance or improper performance of the terms of this Agreement in accordance with this Agreement and the current legislation of Ukraine.

14.2. In the event of force majeure, the Parties are released from performance of the terms of this Agreement. Force majeure circumstances are understood as events of an extraordinary, unavoidable, and unpredictable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee or prevent by reasonable measures.

14.3. The Party invoking force majeure circumstances must notify the other Party in advance of their occurrence.

14.4. For regulating contractual relations under this Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to be bound by which has been given by the Verkhovna Rada of Ukraine, establishes rules different from those set by Ukrainian law, the rules of the international treaty shall apply.

15. Force Majeure

15.1. The Parties are not liable for non-performance of any of their obligations, except for payment obligations, if they prove that such non-performance was caused by force majeure circumstances, i.e., events or circumstances beyond the control of the Party, which occurred after the conclusion of this Agreement and are of an unforeseen and unavoidable nature.

Force majeure circumstances include, but are not limited to, natural disasters, strikes, fires, floods, explosions, frost, wars (declared or undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, hazards and accidents at sea, embargoes, catastrophes, restrictions imposed by government authorities (including allocation, priorities, official requirements, quotas, and price controls), if these circumstances directly affected the performance of this Agreement.

15.2. The Party for whom it becomes impossible to fulfill obligations under this Agreement due to force majeure must immediately inform the other Party in writing about the occurrence of such circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of the force majeure circumstances. Such confirmation shall be a certificate or other relevant document issued by an authorized state body located where the force majeure circumstances occurred.

15.3. The time required for the Parties to fulfill their obligations under this Agreement shall be extended for the entire period during which the performance was postponed due to the above circumstances.

15.4. If the non-performance of obligations under this Agreement due to force majeure circumstances lasts more than three months, each Party has the right to terminate this Agreement unilaterally by notifying the other Party in writing. Despite the occurrence of force majeure, before terminating this Agreement due to force majeure, the Parties shall carry out final mutual settlements.

16. Other Terms of the Agreement

16.1. Information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling their order (sending a notification to the Seller about the order, sending advertising messages, etc.).

16.2. By accepting the Agreement, the Buyer voluntarily gives consent to the collection and processing of their personal data for the following purposes: the obtained data may be used for commercial purposes, including processing orders for purchasing goods, obtaining information about the order, sending advertising and special offers, information about promotions, giveaways, or any other information regarding the activities of the Website, via telecommunication means (e-mail, mobile communication). Consent to the processing of personal data is valid for the entire duration of the Agreement.

For the purposes specified in this clause, letters, messages, and materials may be sent to the Buyer’s e-mail.

16.3. The Buyer grants the right to process their personal data, including placing personal data in databases (without additional notice), storing the data indefinitely, accumulating, updating, and modifying it as necessary.

16.4. In case of unwillingness to receive newsletters, the Buyer has the right to contact the Seller by sending a message to refuse receiving advertising materials via postal or electronic address.

16.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the order. The Buyer is responsible for the accuracy of the information provided during the order placement.

Date of last changes: December 27, 2024

SELLER’S ADDRESS AND DETAILS:
Sole Proprietor (FOP) Burkovska Maria Maksymivna

50006, Dnipropetrovsk Region, Kryvyi Rih, Metallurgical District, Stepan Tilha Street, Building 14, Apt. [number]

Tax Code: 3755009588

Single Taxpayer, Group 2

IBAN Account: UA253052990000026004015031999

Bank Name: JSC CB «PrivatBank»

Email: burkovskayamaria3@gmail.com

Phone: +38 096-825-73-57