Public Offer
Terms of the Offer
Public Contract (Offer) for the Order, Purchase, Sale and Delivery of Goods
This contract is an official and public offer of the Seller to conclude a purchase and sale agreement for Goods presented on the website www.ml-brand.com. This contract is public, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, sole proprietor) without giving preference to one buyer over another. By concluding this Agreement, the buyer fully accepts the conditions and procedure for placing orders, paying for goods, delivering goods, returning goods, liability for unfair orders and all other terms of the agreement. The Agreement is considered concluded from the moment of clicking the "Confirm Order" button on the order page in the "Cart" section and receiving an electronic order confirmation from the Seller.
1. Definition of Terms
1.1. Public offer (hereinafter — "Offer") — a public proposal by the Seller, addressed to an unspecified number of persons, to conclude a purchase and sale agreement for goods remotely (hereinafter — "Agreement") on the terms contained in this Offer.
1.2. Product or Service — the subject of the parties' agreement, which was selected by the buyer on the Online Store website and placed in the cart, or already purchased by the Buyer from the Seller remotely.
1.2. Online Store — the Seller's website at www.ml-brand.com created for concluding retail and wholesale purchase and sale agreements based on the Buyer's review of the Product description offered by the Seller via the Internet.
1.3. Buyer — a legally capable individual who has reached 18 years of age, receives information from the Seller, places orders for the purchase of goods presented on the Online Store website for purposes not related to business activities, or a legal entity or sole proprietor.
1.4. Seller — Sole Proprietor Vivchariuk Serhii Anatoliiovych (identification code 3568312599), a legal entity created and operating in accordance with the current legislation of Ukraine, located in Kyiv, Darnytskyi district, Kharkivske highway 21, apt. 95.
2. Subject of the Agreement
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods on the terms of this Agreement.
2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date when the Buyer fills in the order form on the Online Store website, subject to the Buyer receiving an electronic order confirmation from the Seller. If necessary, at the Buyer's request, the Agreement may be executed in writing.
3. Order Placement
3.1. The Buyer independently places an order in the Online Store through the "Cart" form, selecting a specific model size.
3.2. The Seller has the right to refuse to deliver the order to the Buyer if the information provided by the Buyer during the order is incomplete or raises suspicion as to its validity.
3.3. When placing an order on the Online Store website, the Buyer undertakes to provide the following mandatory information necessary for the Seller to fulfill the order:
3.3.1. Buyer's surname, first name;
3.3.2. Delivery address (if delivery to the Buyer's address);
3.3.3. Contact phone number.
3.3.4. Identification code for legal entities or sole proprietors.
3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer's cart on the Online Store website.
3.5. If either Party to the agreement requires additional information, they have the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 - 3.4 of this Offer.
3.6. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the Online Store website or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.
3.8. By concluding the Agreement, that is, accepting the terms of this proposal (proposed terms of purchasing the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer has fully and completely familiarized themselves with and agrees to the terms of this proposal (offer);
b) They give permission to collect, process and transfer personal data; permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its termination. In addition, by concluding the agreement, the Buyer confirms that they have been informed (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection," about the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, the possibility of conducting settlements, as well as for receiving invoices, acts and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a subject of personal data in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by them.
4. Price and Delivery of Goods
4.1 Prices for Goods and services are determined by the Seller independently and indicated on the Online Store website. All prices for Goods and services are indicated on the website in Ukrainian hryvnia without VAT.
4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of an individual unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.
4.3. The cost of Goods indicated on the Online Store website does not include the cost of delivery of Goods to the Buyer. The Buyer pays the cost of delivery of Goods in accordance with the current tariffs of delivery services (carriers) directly to the delivery service (carrier) chosen by them.
4.4. The cost of Goods indicated on the Online Store website does not include the cost of delivery of Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of Goods to the Buyer's address upon the Buyer's request by sending a letter to the email or when placing an order through the online store operator.
4.6. The Buyer's obligations to pay for the Goods are considered fulfilled from the moment the Seller receives funds in their account.
4.7. Settlements between the Seller and the Buyer for Goods are carried out by methods specified on the Online Store website in the "Payment and Delivery" section.
4.8. Upon receiving the goods, the Buyer must, in the presence of the delivery service (carrier) representative, verify the compliance of the Goods with qualitative and quantitative characteristics (product name, quantity, completeness, shelf life).
4.9. The Buyer or their representative, upon acceptance of the Goods, confirms with their signature in the sales receipt/or in the order/or in the shipping document that they have no claims regarding the quantity, appearance and completeness of the goods.
4.10. The right of ownership and the risk of accidental loss or damage to the Goods passes to the Buyer or their Representative from the moment of receiving the Goods by the Buyer at the delivery point when the Seller delivers the Goods independently, or when the Seller transfers the goods to the delivery service (carrier) chosen by the Buyer.
5. Rights and Obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except as provided by law and during the fulfillment of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1 Change the terms of this Agreement, as well as prices for Goods and services, unilaterally, by posting them on the Online Store website. All changes take effect from the moment of their publication.
5.3 The Buyer undertakes to:
5.3.1 Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Online Store website.
5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identify them as a Buyer and are sufficient for delivery of the ordered Goods to the Buyer.
5.4 The wholesale buyer undertakes to:
5.4.1 Sell goods at the Seller's recommended retail price or set a higher price.
5.4.2 Use only photos from the website for selling goods on their internet resources.
5.4.3 Use size charts from the website for selling goods on their internet resources.
5.5 The wholesale buyer is prohibited from:
5.5.1 Reducing the recommended retail price for sale. The retail price indicated on the website is recommended for sale in physical stores, markets, internet pages, social networks, communities and sales groups.
5.5.2 Using discounts and promotions on goods without prior discussion with the Seller, or deviating from the discount calendar on the official retail website.
5.5.3 Using video content from the "Mission to Live" Online Store website and social media pages.
5.5.4 Using text descriptions from the "Mission to Live" Online Store website and social media pages.
5.4.5 Positioning goods purchased from the Online Store as their own production.
6. Returns Policy
6.1. The Buyer has the right to return non-food goods of proper quality to the Seller if the goods did not satisfy them in terms of shape, dimensions, style, color, size, or for other reasons cannot be used for their intended purpose. Retail customers have the right to return goods of proper quality within 14 (fourteen) days, not counting the day of purchase. Wholesale buyers have the right to return goods of proper quality within 3 (three) days, not counting the day of purchase. Return of goods of proper quality is carried out if they have not been used and if their commercial appearance, consumer properties, packaging, seals, labels, and the payment document issued to the Buyer for payment of the Goods are preserved. The list of goods not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
6.2. Return of the cost of goods of proper quality to the Buyer is carried out within 14 (fourteen) calendar days from the moment of receiving such Goods by the Seller, subject to compliance with the requirements provided for in clause 6.1 of the Agreement and current legislation of Ukraine.
6.3. The cost of goods is subject to return by bank transfer to the Buyer's account.
6.4. Return of Goods of proper quality to the Seller's address is carried out at the Buyer's expense and is not reimbursed by the Seller to the Buyer.
6.5. In the event that defects are discovered in the Goods during the established warranty period, the Buyer, personally, in the manner and within the time limits established by the legislation of Ukraine, has the right to make claims to the Seller as provided by the Law of Ukraine "On Consumer Rights Protection." When making claims for free elimination of defects, the time for their elimination is counted from the date of receipt of the Goods by the Seller and physical access to such Goods.
6.6. Review of claims provided by the Law of Ukraine "On Consumer Rights Protection" is carried out by the Seller subject to the Buyer providing the documents required by current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer does not have the right to refuse goods of proper quality that have individually defined properties, if such goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, configuration, etc., at the Buyer's request). Confirmation that the goods have individually defined properties is the difference in the sizes of the goods and other characteristics indicated in the online store.
6.8. Return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the "Contacts" section.
7. Liability
7.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper installation, use, or storage of Goods purchased from the Seller.
7.2. The Seller is not liable for improper or untimely fulfillment of Orders and its obligations if the Buyer provides inaccurate or erroneous information.
7.3. The Seller and the Buyer are liable for the fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer are released from liability for full or partial non-fulfillment of their obligations if the non-fulfillment is the result of force majeure circumstances such as: war or military actions, earthquake, flood, fire and other natural disasters that arose independently of the will of the Seller and/or the Buyer after the conclusion of this agreement. The Party that cannot fulfill its obligations immediately notifies the other Party.
8. Confidentiality and Personal Data Protection
8.1. By providing their personal data on the Online Store website during registration or placing an Order, the Buyer gives the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as other actions provided by the Law of Ukraine "On Personal Data Protection," without limitation of the validity of such consent.
8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by current legislation of Ukraine.
8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for poor performance or non-fulfillment of its obligations due to outdated information about the Buyer or its inconsistency with reality.
9. Other Conditions
9.1. This agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.
9.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If the disputed issue cannot be resolved through negotiations, the Buyer and/or the Seller have the right to apply for dispute resolution to the courts in accordance with the current legislation of Ukraine.
9.3. The Seller has the right to make changes to this Agreement unilaterally, as provided in clause 5.2.1 of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner prescribed by the current legislation of Ukraine.
Seller's Address and Details:
Sole Proprietor (Full Name): VIVCHARIUK SERHII ANATOLIIOVYCH
Address: Kyiv, Darnytskyi district, Kharkivske highway 21, apt. 95
Account: UA473052990000026001046256199 in JSC "PRIVATBANK"
MFO: 305299
Tax ID: 3568312599
Phone: +380 73 416 82 84
