Public Offer
Welcome to the official site of Clavier. Public Offer – Claviermus.com
PUBLIC OFFER AGREEMENT
PUBLIC OFFER AGREEMENT
Sole Proprietor Ihor Ihorovych Tsuman, acting on the basis of the entry on the state registration of a sole proprietor in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations under No. 2010350000000305657 dated May 8, 2023 (hereinafter referred to as the “Seller”), on the one part, and any natural person, legal entity, or sole proprietor with full legal capacity who has accepted this offer to enter into an agreement and, through their actions, has expressed the intention to adhere to this Agreement (hereinafter referred to as the “Buyer”), on the other part, collectively referred to as the “Parties” and individually as a “Party”, have concluded this Agreement (Offer) for the purchase and sale of digital content.
1. DEFINITIONS
1.1. Website – the online resource located at https://www.claviermus.com/, which serves as the official platform for distributing musical works, through which the Seller sells musical works to Buyers.
1.2. Seller – the person referred to as the “Seller” in the preamble of this Agreement, who offers musical works for sale through the Website in accordance with the applicable legislation of Ukraine.
1.3. Buyer – any legally capable natural person, legal entity, or sole proprietor who has accepted the terms of this Agreement, placed an Order, and paid for the musical work.
1.4. Public Offer Agreement – this public agreement posted on the Website, which contains the Seller’s offer to an unspecified number of persons to purchase musical works.
1.5. Acceptance – the Buyer’s full and unconditional acceptance of the Seller’s offer to purchase a musical work and of the terms of this Agreement by clicking the “Place Order and Pay” button.
1.6. Musical Work – digital sheet music content/material (sheet music, scores, tablatures, etc.) in PDF format, which is offered for purchase by the Seller on the Website, including information about such work, such as its description, excerpts, specifications, and price.
1.7. Parties – the Buyer and the Seller who have entered into this Agreement.
1.8. Provision of Access – the transfer of the purchased digital content (musical work) to the Buyer by sending the PDF sheet music file to the email address provided by the Buyer when placing the Order. Provision of access shall be deemed completed at the moment the email is sent by the Seller.
1.9. Third Party – persons engaged by the Seller to fulfill its obligations under the Agreement, including but not limited to banks, payment systems, etc.
1.10. Force Majeure – unforeseeable circumstances beyond the control of the Parties that make it impossible to fulfill obligations under the Agreement (as described in the section “Force Majeure”).
1.11. Personal Data – any information provided by the Buyer when placing the Order, including but not limited to name, surname, contact phone number, email address, banking details, etc.
2. GENERAL PROVISIONS
2.1. This Agreement is a public offer in accordance with Articles 633 and 641 of the Civil Code of Ukraine, as well as other applicable regulatory legal acts of Ukraine governing legal relations in the field of digital content and e-commerce.
2.2. The Seller places this Agreement on the Website https://www.claviermus.com/ for an indefinite number of persons with an offer to conclude a purchase and sale agreement for a musical work under the terms set forth in this Agreement.
2.3. The terms of the Agreement are the same for all Buyers regardless of their status (natural person, legal entity, sole proprietor), race, gender, social and financial standing, age, health status, etc. Discrimination of Buyers on any grounds or criteria is not permitted. Certain features regarding order processing, payment, and/or access to the musical work may apply depending on the Buyer’s tax status and in accordance with the requirements of applicable legislation.
2.4. This Agreement governs the terms of purchase and sale of musical works, provision of access to them, payment, and other aspects of the relationship between the Seller and the Buyer.
2.5. The Buyer accepts this Agreement by clicking the “Place Order” button in the relevant section of the Website. Clicking the “Place Order” button confirms the mutual agreement of the Parties on all essential terms of this Agreement.
2.6. From the moment the Buyer accepts this Agreement, legal relations between the Parties shall be deemed concluded. The Agreement enters into force and remains valid until the Parties have fully performed their obligations.
2.7. All terms of this Agreement are binding upon the Parties. Each order is subject to the version of the Agreement that was in effect at the time of the order placement. The Seller reserves the right to unilaterally amend the text of the Agreement. Such amendments shall take effect upon their publication on the Website and shall apply to all Orders placed thereafter.
2.8. The Seller undertakes to ensure the availability of the current version of the Agreement on the Website for the Buyer’s review at any time.
2.9. Information about musical works on the Website, including descriptions, specifications, prices, and sample excerpts, is for informational purposes and may be changed by the Seller at any time.
2.10. Sample excerpts posted on the Website https://www.claviermus.com are for illustrative purposes only and do not guarantee full conformity in sound or visual layout of the sheet music provided to the Buyer. Musical works may exhibit minor differences in sound, interpretation, sheet layout, or other details compared to the demo excerpts posted on the Website. Such differences are not considered defects or non-conformity of the musical work with the specifications stated on the Website, but are features of the uniqueness and exclusivity of the work. By placing an Order, the Buyer confirms their understanding and acceptance of these features.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is the Seller’s obligation to transfer the selected digital content/musical work to the Buyer, and the Buyer’s obligation to pay for and accept it under the terms specified in this Agreement.
3.2. The Seller guarantees that the musical work is original or licensed, free of hidden defects, and conforms to the specifications listed on the Website, taking into account the provisions of Clause 2.10 of this Agreement; that the musical work is not pledged, encumbered by third-party rights, or subject to dispute; and that the Seller has the legal right to sell the musical work through the Website in accordance with the applicable legislation of Ukraine.
3.3. The Buyer independently and at their own discretion selects the musical work offered for sale on the Website. According to this Agreement, the Buyer has the right to order and purchase a musical work, the assortment, quantity, and price of which are determined at the time of placing the order on the Website.
3.4. The right to use the musical work is transferred to the Buyer at the moment of actual access to the musical work, provided that full payment of its price has been made. The risk of accidental loss, deletion, damage, or inability to use the musical work due to technical features of the Buyer’s devices passes to the Buyer from the moment the right of use arises.
3.5. The terms for access provision, payment, and other aspects related to the distribution of musical works are governed by the sections of this Agreement.
3.6. By clicking the “Place Order” button in the corresponding section of the Website, the Buyer confirms that they have read and agreed with all the terms of this Agreement, the terms stated in the Order regarding payment, access provision, and other relevant aspects outlined on the Website, as well as the characteristics of the musical work ordered.
4. ORDER PLACEMENT PROCEDURE
4.1. The Buyer independently places an Order on the Website by selecting the desired musical work, its quantity, and method of payment, after which the process is completed by clicking the “Place Order” button. The Buyer provides the data required to complete the payment.
4.2. After placing the Order, the Buyer receives order confirmation in the form of an electronic message or by another acceptable method that ensures proper receipt. After successful payment, an email is sent to the Buyer containing the musical work in PDF sheet music format.
4.3. The Seller reserves the right to refuse to fulfill an Order in the event that the Buyer provides false or incomplete data or if technical failures occur that make order processing impossible.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Obligations of the Seller:
5.1.1. To fulfill its obligations under this Agreement.
5.1.2. To ensure that the musical works conform to the descriptions provided on the Website, within the scope of natural variations characteristic of digital content.
5.1.3. To send the musical work to the Buyer after receiving payment in accordance with the terms of this Agreement.
5.2. Rights of the Seller:
5.2.1. To require the Buyer to fulfill their obligations under this Agreement, including full and timely payment for the musical work.
5.2.2. To refuse to fulfill the Order in cases provided for in this Agreement.
5.2.3. To make changes to this Agreement in the manner specified by its provisions.
5.2.4. To suspend or terminate access to the Website or its individual features due to technical or other reasons that hinder the normal functioning of the Website.
5.3. Obligations of the Buyer:
5.3.1. To provide accurate personal data necessary for placing and fulfilling the Order.
5.3.2. To familiarize themselves with the terms of this Agreement, information about musical works, payment, and access prior to placing an Order.
5.3.3. To make timely payment for the musical work in accordance with the terms of this Agreement.
5.3.4. To accept the musical work and verify its integrity, completeness, and compliance with the Order upon receiving access.
5.3.5. To use the purchased musical work exclusively in accordance with the rules of use of musical works, their intended purpose, and the Seller’s recommendations.
5.4. Rights of the Buyer:
5.4.1. To receive complete and accurate information about the musical work, the procedure for its purchase, and the provision of access.
5.4.2. To require the Seller to fulfill the terms of this Agreement.
5.4.3. To contact the Seller regarding issues related to the quality of the musical work or its delivery.
6. PRICE AND PAYMENT TERMS
6.1. Prices for musical works displayed on the Website are indicated in US dollars (USD). In accordance with the applicable legislation of Ukraine, during the payment process, USD is automatically converted into the national currency of Ukraine (hryvnia, UAH) at the current exchange rate of the payment system at the time of payment.
6.2. The price of each individual musical work is specified by the Seller on the corresponding page of the Website https://www.claviermus.com/ and is agreed upon by the Parties in the Order. The total price of the Agreement is determined by summing the prices of all selected musical works in the Order.
6.3. The Seller reserves the right to change the prices of musical works unilaterally. Any price changes do not affect Orders that have already been placed and confirmed by the Seller prior to the changes. Exceptions apply in cases where the price of a musical work on the Website was mistakenly indicated due to technical failures or other errors. In such cases, the Seller is not obliged to sell the musical work at the incorrect (lower) price and shall notify the Buyer of the error. The Buyer has the right to confirm the Order at the correct price or cancel the Order and request a refund of the paid amount.
6.4. The Buyer shall make full advance payment of the musical work’s price after placing the Order. Payment is made in the manner specified in the Order using the payment systems indicated on the Website.
6.5. The Buyer may pay for the Order using the payment tools available on the Website. The Seller reserves the right to impose restrictions on available payment methods.
6.6. Depending on the selected payment method, the transaction amount may be subject to limitations or additional conditions established by the Buyer’s card-issuing bank or payment system. The Seller bears no responsibility for such limitations or additional conditions and recommends that the Buyer contact their bank or payment system for further details.
6.7. When paying with a payment card, the Buyer confirms that they are the lawful owner of the card. To ensure payment security, the Seller uses standard technical protection measures, including encryption of payment card data. The Buyer confirms that they have read and agreed with the Privacy Policy posted on the Website.
6.8. If additional charges arise due to the selected payment method (e.g., bank or payment system fees), such charges shall be borne by the Buyer. By clicking the “Place Order” button, the Buyer confirms that they are aware of possible additional fees and agrees with all payment terms.
6.9. The Order is considered paid at the moment the funds are credited to the Seller’s account. In case of a failed transaction, the Order is not accepted for fulfillment, and the Buyer must retry the payment or choose another payment method.
7. TERMS OF DIGITAL CONTENT DELIVERY
7.1. Delivery of digital content (musical work) is carried out by sending the PDF file of the sheet music to the Buyer’s email address provided when placing the Order.
7.2. The Seller shall send the musical work after payment confirmation.
7.3. The musical work is sent to the Buyer’s email within 24 hours from the moment of payment confirmation. The Buyer is obligated to check their spam folder or other folders in their mailbox for the Seller’s email.
7.4. The Buyer shall check the integrity, completeness, and conformity of the musical work with the Order at the time of receipt (opening the PDF file).
7.5. The Buyer’s refusal to receive the musical work (including due to technical issues with their email not attributable to the Seller) or inability to open the musical work file due to issues on the Buyer’s side not attributable to the Seller shall not be grounds for terminating the Agreement if the musical work was sent by the Seller in accordance with the terms of this Agreement.
8. REFUND CONDITIONS
8.1. Refunds for the musical work shall be made in accordance with the provisions of this Agreement and the Law of Ukraine "On Consumer Rights Protection."
8.2. Refunds are only possible if the musical work does not correspond to the stated characteristics, is damaged (fails to open, the file is corrupted), or contains substantial defects that render it unusable for its intended purpose, and such defects arose due to the fault of the Seller.
8.3. The Seller has the right to deny a refund if access to the musical work was provided (the PDF file was sent) and no confirmed defects caused by the Seller are present.
8.4. In the event a substantial defect is discovered in the musical work that renders it unusable for its intended purpose, the Buyer must immediately notify the Seller after receiving the musical work.
8.5. A musical work is deemed to be of improper quality if substantial defects were caused during its creation/encoding and interfere with its normal use. A musical work is not considered to be of improper quality if defects occurred due to incorrect use, software issues on the Buyer's device, or other actions of the Buyer that are inconsistent with the rules of proper use of the musical work.
8.6. All costs associated with the refund of a musical work of improper quality shall be borne by the Seller.
8.7. Refunds for a musical work shall be processed within 10 business days after the Seller confirms the existence of defects in the musical work and verifies its non-compliance with the terms of this Agreement.
9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement in accordance with the provisions herein and the applicable laws of Ukraine.
9.2. The Seller shall not be liable for:
9.2.1. minor discrepancies in sound or visual representation of the sheet music that may occur due to the color transmission features of the Buyer's monitors or other devices, or the Buyer's software;
9.2.2. the content and accuracy of the information provided by the Buyer when placing the Order;
9.2.3. delays in order processing or provision of access to the musical work caused by circumstances beyond the Seller’s control, including actions of third parties, force majeure, malfunctions in payment systems or the Buyer’s internet connection;
9.2.4. disruptions in the operation of payment systems used for processing Orders;
9.2.5. actions or omissions of the Buyer, including the transfer of their network identifiers, access credentials, or other confidential information to third parties;
9.2.6. the quality of public communication channels and possible interruptions in data transmission networks, including the Internet, used to access the Website;
9.2.7. inability to provide the musical work to the Buyer due to issues with the Buyer’s internet channel, equipment, or software, or other technical issues beyond the Seller’s control.
9.3. The Buyer shall be liable for the accuracy of the data provided during the Order, for the use of the musical work in accordance with this Agreement, and for respecting the Seller’s copyright.
9.4. The Buyer is obligated to compensate the Seller in full for any damages and lost profits resulting from a breach of this Agreement. For any violation of Clauses 13.1–13.4 of this Agreement, unless otherwise provided herein, the Buyer shall pay a penalty of UAH 200,000 (two hundred thousand hryvnias).
9.5. If any unauthorized use and/or distribution of intellectual property belonging to the Seller is discovered, the Seller has the right, at its discretion, to demand either full compensation for damages caused by such violation or payment of compensation equal to twice the standard fee for lawful use of the intellectual property for each instance of unauthorized use.
9.6. All claims or complaints by the Buyer must be submitted in writing to the Seller's email address: claviermus@gmail.com. The Seller shall review such submissions within 14 business days and take appropriate action if the claims are justified and compliant with applicable Ukrainian law.
9.7. If the musical work was not delivered to the Buyer under this Agreement due to the Seller’s fault, the amount paid shall be refunded to the Buyer within 30 (thirty) calendar days from receipt of the written claim (subject to direct fault of the Seller).
9.8. The Buyer's total liability under this Offer Agreement for any claim or cause of action arising from or related to this Agreement shall be limited to the amount paid by the Buyer to the Seller. Only actual damages may be recovered, excluding any lost profits.
9.9. In the event of disputes that cannot be resolved through negotiation, such disputes shall be settled by a competent court of Ukraine in accordance with the applicable legislation.
10. FORCE MAJEURE
10.1. The Parties shall be released from liability for non-performance or improper performance of their obligations under this Agreement if such non-performance is due to force majeure. Force majeure refers to events or circumstances beyond the control of the Parties, which are unforeseeable, unavoidable, and arose after the conclusion of this Agreement.
10.2. Force majeure includes, in particular, natural disasters such as earthquakes, floods, hurricanes, landslides or other natural calamities, man-made accidents including explosions, fires, icing, or power system failures. Force majeure also includes military actions, declared or undeclared wars, riots, terrorist acts, strikes, civil disturbances, embargoes, or other actions by governmental authorities that directly or indirectly affect the performance of obligations under this Agreement.
10.3. The Party affected by a force majeure event must promptly, but no later than 5 (five) calendar days after its occurrence, notify the other Party in writing about the occurrence of such circumstances. Proper confirmation of a force majeure event shall be a certificate issued by the Chamber of Commerce and Industry of Ukraine.
10.4. During the force majeure period, the deadlines for fulfilling obligations under this Agreement shall be suspended until the cessation of such circumstances.
10.5. If the force majeure event lasts more than 60 (sixty) calendar days, either Party shall have the right to initiate termination of this Agreement. In such case, the Agreement shall be deemed terminated from the moment the relevant notice is received, unless the Parties agree otherwise.
11. TERM OF THE OFFER
11.1. The Offer becomes effective from the moment it is published on the Website at: https://www.claviermus.com and remains in effect until withdrawn or amended by the Seller.
12. PERSONAL DATA PROCESSING
12.1. By accepting this Agreement, the Buyer, in accordance with the Law of Ukraine "On Personal Data Protection", provides the Seller with their irrevocable consent to the processing of the Buyer's personal data, as well as to the transfer of such data to third parties for the purpose of fulfilling this Agreement.
12.2. The information provided by the Buyer in connection with the conclusion and performance of this Agreement is confidential. Information about the Buyer is used solely for the purpose of fulfilling their Order and ensuring proper service.
12.3. The Buyer voluntarily provides the Seller with consent to collect and process their personal data for the following purposes: processing orders for the purchase of musical works, receiving information about the order, and sending via telecommunication means (email, mobile communication) advertising and special offers, information about promotions, sweepstakes, or any other information regarding the activities of the Website.
12.4. The Buyer grants the right to process their personal data, including placing the data into databases (without additional notification), trusted data storage, accumulation, updating, modification (if necessary). The Seller undertakes to ensure the protection of such data from unauthorized access by third parties, and not to disclose or transfer the data to any third party (except for the transfer of data to affiliated persons, commercial partners, persons authorized by the Seller to perform direct data processing for the specified purposes, and upon the mandatory request of a competent state authority).
13. COPYRIGHT AND INTELLECTUAL PROPERTY
13.1. All rights to the Website are owned by the Seller.
13.2. All Musical Works offered to the Buyer under this Agreement are objects of copyright and/or related rights in accordance with the Law of Ukraine "On Copyright and Related Rights", international treaties, and other applicable legal acts in the field of intellectual property.
13.3. Intellectual property rights to the Musical Works, as well as to images, audio, video, logos, trademarks, texts, graphics, sounds, and slogans posted on the Website, belong to the Seller.
13.4. The Seller may also use intellectual property objects owned by other persons based on a relevant license, agreement, or other legal grounds.
13.5. The Seller grants the Buyer a limited, non-exclusive, revocable, perpetual, and non-sublicensable license (without the right to transfer to third parties) to use the Musical Works for personal, non-commercial use of the Content solely for the purposes of:
• independent familiarization, study, and rehearsals;
• home performance (playing on musical instruments or other types of playback);
• viewing video materials without public performance.
13.6. Given the above, the Buyer is prohibited from:
• using the Musical Works for commercial purposes (including but not limited to use in paid courses, lessons, trainings, monetized platforms, or public performances involving payment or promotion);
• distributing, copying, transferring to third parties, or posting the Content online (including social networks, video hosting platforms, peer-to-peer networks, file-sharing platforms, etc.) without written permission from the Seller;
• modifying the Musical Works without the Seller’s permission.
13.7. Any breach of the provisions of this section shall constitute a violation of intellectual property rights and shall entail liability in accordance with the applicable laws of Ukraine, including:
• termination of unlawful use;
• recovery of damages and/or compensation;
• demand for the removal of unlawfully distributed copies;
• other remedies provided by the Civil Code of Ukraine.
13.8. The terms of commercial use of the Musical Works may be governed by separate license agreements between the Parties.
13.9. If the Buyer is uncertain about the permitted scope of use, they undertake to contact the Seller for clarification prior to performing any actions.
14. MISCELLANEOUS
14.1. The Participant may only accept the Offer (acceptance of the offer) in full. Partial acceptance of the Offer or acceptance on different terms is not permitted.
14.2. All disputes arising in the course of performing this Agreement shall be resolved by the Parties through negotiations. If the disputes cannot be resolved through negotiations, they shall be settled in accordance with the applicable law.
14.3. The Parties confirm their full and unequivocal understanding of the subject and content of this Agreement, the rights and obligations of each Party arising from or related to the performance of the Agreement, the meaning of the terms used in the Agreement, and the correspondence of the Agreement’s text with the intentions and will of the Parties.
14.4. The invalidity of one or more provisions of the Agreement does not render the entire Agreement or any of its remaining provisions invalid, which shall remain in force.
15. SELLER'S DETAILS
Sole Proprietor: Ihor Ihorovych Tsuman
Registration number and date in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations: No. 2010350000000305657 dated May 8, 2023
Taxpayer Identification Number / Unified State Register Code: 3597400753
Email: claviermus@gmail.com
Phone: +380680287158
The latest version of this Public Offer Agreement is dated: July 14, 2025
