PUBLIC OFFER

This offer is prepared in accordance with the requirements of the Civil Code of Ukraine, the Law of Ukraine “On Electronic Commerce,” the Law of Ukraine “On Consumer Protection,” and the Rules for the Sale of Goods by Special Order and Outside Commercial and Office Premises.

This offer is valid only if its text is published on the official TMosca website: https://www.tmosca.com/

1. DEFINITIONS

1. Contractor – the party that publishes the offer and performs manufacturing, assembly, and delivery of furniture per the order. The Contractor may be any individual or entity entitled to publish the offer or order information on the TMosca website. The Contractor’s name becomes known to the Customer upon payment.

2. Customer – the party that accepts the offer and makes payment to the Contractor.

3. Public Agreement – the contract that establishes identical purchase terms for all Customers (except those granted legal benefits under Ukrainian law) from the moment of acceptance. It consists of this offer and the Order placed by the Customer.

4. Offer – the Contractor’s proposal addressed to any individual or entity under Article 641 of the Civil Code of Ukraine to conclude a contract under the Public Agreement’s terms. The Offer takes effect upon its publication on the website and is valid only if it exactly matches the text on the TMosca site.

5. Website – https://www.tmosca.com/

6. Acceptance – the Customer’s full and unconditional agreement to the Offer’s terms, as described herein. Acceptance occurs via the procedures set out in this offer.

7. Order – the Customer’s selection of products on the website using the ordering system or any other specification description that allows issuing an Invoice.

8. Material Defect – a defect making the Product unusable for its intended purpose, originating from the Contractor’s fault, recurring after correction through no fault of the Customer, and characterized by one of the following: irreparable, requiring over 14 days to repair, or significantly altering the Product from that specified in the Public Agreement.

9. Product – furniture items with specifications agreed in the Order.

2. SUBJECT OF THE AGREEMENT

1. The Contractor shall transfer ownership of the Product specified in the Order to the Customer or manufacture it if out of stock, then transfer ownership. The Customer shall pay for and accept the Product under this Agreement.

2. This Agreement is a mixed contract containing sale elements (Articles 655–656, Civil Code) and work contract elements (Article 837, Civil Code).

3. Custom-made Products cannot be sold to others unless the Customer cancels or rejects the Order.

3. PRODUCT PRICE

1. The price equals the sum of item prices listed on the Website and in the Order, displayed at checkout or on the issued Invoice. Delivery and additional work costs are excluded and agreed separately.

2. For out-of-stock items, listed prices are indicative and may differ from the final price.

3. Prices are in Ukrainian hryvnia (UAH).

4. ACCEPTANCE, ORDER CONFIRMATION, DELIVERY, AND PAYMENT PROCEDURES

1. The Customer accepts this Offer by submitting an Order through the Website’s system.

2. Upon receiving the Order, the Contractor processes it and sends either an Invoice or a notice of inability to fulfill the Order.

3. The Order is accepted for processing once the Customer pays the advance per the Invoice. Before payment, the Order may be canceled.

4. The Customer must pay a 50% advance within three banking days of receiving the Invoice.

5. Delivery occurs within the timeframe stated in the Invoice, counted from the first full banking day after advance payment and/or final agreement of specifications (fabric, color, etc.).

6. The Contractor contacts the Customer to agree on delivery times. The Customer must report any delivery constraints.

7. Delivery is performed by the Contractor or authorized third parties at the agreed date and time.

8. For cash delivery or non-cash payment three days before delivery, the Customer must pay 50% of the Product price plus delivery and additional costs. The Customer may prepay 100%.

9. Payment methods:

• bank transfer to the Contractor’s account;
• cash upon receipt (not for advance);
• non-cash via invoice;
• Privat24 or LiqPay;
• Visa/MasterCard online at checkout.

10. Payment is deemed made when funds reach the Contractor’s account or cash desk.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. Contractor’s rights:

– Request payment proof (scan copy acceptable).

– Suspend obligations if payment is late.

– Select delivery method if the Customer declines.

– Engage subcontractors for manufacturing or delivery.

2. Contractor’s obligations:

– Manufacture and deliver the Product per specifications.

– Agree delivery terms with the Customer.

– Inform the Customer about Product readiness or manufacturing needs.

3. Customer’s rights:

– Receive Product of proper quality at the agreed time and place.

– Request a written contract.

4. Customer’s obligations:

– Pay (and prepay) timely.

– Notify of delivery constraints.

– Provide access for installation.

– Use Product as intended.

6. DELIVERY PROCEDURE

Delivery is carried out via Nova Poshta throughout Ukraine. TMosca uses Nova Poshta for both Kyiv and nationwide deliveries. Nova Poshta calculates costs based on volumetric weight (L × W × H) or actual weight and distance.

7. LIABILITY

1. For non-performance or improper performance, both parties are liable under Ukrainian law.

2. Unresolved disputes are taken to court according to applicable law after negotiation attempts.

3. The Contractor is not liable for:

• minor appearance changes;
• supplier-driven part variations;
• color discrepancies due to monitors or lighting;
• delays beyond Contractor’s control;
• Customer’s unlawful actions;
• Customer’s disclosure of personal data;
• misuse-related defects outside warranty obligations.

8. TERM OF THE AGREEMENT

1. Effective upon Customer’s acceptance and valid until full performance by both parties.

2. May terminate by mutual consent, Order cancellation, court decision, or force majeure.

9. WARRANTY

1. Warranty obligations comply with Ukrainian law and start upon Product handover.

2. Standard warranty is 18 months (may vary by product), communicated before or at delivery.

3. Within warranty, if used properly, the Customer may:

• reduce price proportionally;
• request free repairs;

• reimburse approved repair costs.

4. Unauthorized repairs void warranty.

5. For material defects, the Customer may terminate the Agreement and receive a refund or request replacement.

6. Report defects within two business days.

7. Repairs on-site if possible; otherwise return to Contractor per Consumer Protection Law, during or after warranty.

8. Claims handled per Consumer Protection Law (Articles 7–8) and Cabinet Resolution No. 506 (11.04.2002).

10. FINAL PROVISIONS

1. Any disputes are to be resolved through negotiations.

2. Unresolved disputes go to court under Ukrainian law.

3. Invalidity of one provision does not invalidate the Agreement as a whole.

4. The Customer confirms they were informed that their personal data are included in the Contractor’s database upon Order placement.

5. The Customer authorizes the Contractor to process personal data for business, tax, accounting, HR, and operational activities under applicable laws.

6. The Customer acknowledges their rights under the Law “On Protection of Personal Data.”

7. The Customer permits disclosure of their personal data to third parties as required by law or this Agreement’s purposes.