Privacy Policy

This is a public offer of the individual entrepreneur Kysil Anna Vyacheslavivna, residence at Ukraine, 04211, Kyiv, 4b Archipenko St., apartment 113, identification number 3069910980, current account: UA283510050000026004297725900 in JSC UkrSibbank, tel. +380675968303 (hereinafter referred to as the ‘Seller’), on the conclusion of a contract for the sale of goods is aimed at an indefinite number of individuals who accept the terms of this public offer (hereinafter referred to as the ‘Buyer’) to purchase the goods, information about which is provided on the website https://mirfundmerch.com/ (hereinafter referred to as the ‘website’) 

By placing an order and paying for the goods, the Buyer accepts the terms of this public offer on the following. 

1. Definition of terms

 1.1. Public offer – the Seller’s offer posted in electronic form on the website https://mirfundmerch.com/ to conclude a contract for the sale of goods, information about which is communicated to the Buyer on the website, and all the terms of which the Buyer accepts in full and with complete understanding of them from the moment of acceptance. 

1.2. Acceptance is the complete and unconditional acceptance by the Buyer of the public offer to purchase the goods by making payment for the goods in the amount and manner specified on the website. The offer is accepted from the date of crediting the funds to the Seller’s account. 

1.3. The Buyer is any legally capable individual (resident and non-resident of Ukraine) who has visited the Website and purchased the goods. 

1.4. Seller – Anna Vyacheslavivna Kysil, an individual entrepreneur who distributes the Goods and intends to sell them through the Website. 

2. Subject of the Agreement and main provisions 

2.1. The contractual relationship between the Seller and the Buyer is formalised in the form of acceptance by the Buyer of this public offer. The agreement concluded in this way is public, i.e. by Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers. Ordering the goods and paying for them means that the Buyer agrees to the terms of this public offer. The term for Acceptance is during the entire period of availability of the goods for ordering and payment. 

2.2. The agreement is concluded when the Buyer accepts this public offer. By accepting this public offer, the Buyer confirms that before its acceptance, he has been fully and adequately acquainted with all its provisions, has expressed a desire to agree with his own free will without coercion, and accepts its terms. 

2.3. The Agreement shall be valid until the Buyer receives the goods from the Seller and makes full payment. 

2.4. The place of conclusion of the Agreement is the city of Kyiv. 

2.5. On the terms and in the manner specified in the Agreement, the Seller undertakes to transfer the goods to the Buyer’s ownership based on the order placed by the Buyer on the website, and the Buyer undertakes to accept the goods and pay the Seller for their value. 

2.6 The Seller warrants that the goods are new, not pledged, not subject to dispute, not under arrest, and not subject to any rights of third parties. 

2.7. Each Party warrants to the other Party that it has all the rights and powers necessary and sufficient to conclude and perform the Agreement and purchase the goods. 

2.8. The Seller confirms the existence of appropriate legal grounds for the use of the website https://mirfundmerch.com/, as well as the further allocation of part of the funds received from the Buyer under this public offer for charitable events and implementation of philanthropic initiatives following the information provided on the website https://mirfundmerch.com/.

3. Rights and obligations of the parties 

3.1. The Seller is obliged to: 

3.1.1. Properly fulfil the terms of the Agreement. 

3.1.2. Transfer the goods to the Buyer by the placed and confirmed order, the terms of the Agreement, and the conditions specified on the website for a particular product. 

3.1.3. To transfer to the Buyer all necessary documentation relating to each unit of the goods and subject to transfer together with the goods following the requirements of the current legislation of Ukraine. 

3.1.4. To check the qualitative and quantitative characteristics of the goods during their packaging in the warehouse before sending them to the Buyer. 

3.2. The seller has the right to: 

3.2.1.Receive from the Buyer complete and timely payment of the cost of the ordered goods. Unless otherwise specified on the website for a particular product, the goods are delivered on a 100% prepayment basis. 

3.2.2. Receive, process and store the Buyer’s data, including confidential and other restricted information, to fulfil the order for the goods and the terms of this Agreement. 

3.2.3. Unilaterally suspend the performance of its obligations under this Agreement if the Buyer violates its terms.

3.2.4.To unilaterally cancel the Buyer’s order for the goods (with a refund to the Buyer’s account from which the payment was made[1]) if: 

а) The Buyer has provided incorrect data for sending the goods, and the Seller is unable to contact (by phone, e-mail address specified in the order) the Buyer for three consecutive days from the date of receipt of the order; 

b) if the Buyer refuses/avoids receiving the goods within 7 (seven) days from the date the goods are ready for delivery (the goods are in the postal service department);

c)The Buyer has not paid for the order (or the cost of delivery for international orders), and the Seller is unable to contact (by phone, e-mail address specified in the order) the Buyer for three consecutive days from the date of receipt of the order.

Subject of the Agreement and main provisions

3.3. The Buyer is obliged: 

3.3.1. to get acquainted with information about the goods, the conditions of storage and use of the goods, and payment and delivery terms, which are posted on the website. 

3.3.2. pay for the goods in full and accept such goods upon delivery. 

3.3.3. Upon acceptance of the goods from the carrier (postal operator), ensure that the goods are intact and complete, and that the container and packaging are in proper condition by inspecting the contents. 

3.3.4. Pay the cost of delivery of the goods at your own expense following the tariffs of the carrier (postal operator). 

3.3.5. Provide the Seller with complete and accurate information about their data (surname, name, patronymic, contact phone number, address for delivery of the goods, etc. 

3.4. The buyer has the right to: 

3.4.1. place an order for the goods on the website, and make payment for the goods in the manner and under the conditions specified on the website for a particular product. 

4. Placing an order 

4.1 The Buyer independently orders the goods on the website by selecting the required goods and paying for their value in the amount and manner specified. 

4.2. When placing an order, the Buyer undertakes to provide the following registration information: 

4.2.1. Surname and name of the Buyer; 

4.2.2. The address of the carrier’s (postal operator’s) branch, post office, or other address to which the goods are to be delivered. 

4.2.3. Contact phone number of the Buyer. 

4.3. If the Buyer needs additional information about the goods, he has the right to request it from the Seller by sending a corresponding request to shop@mktrl.com. 

4.4. The Buyer’s data is registered in the Seller’s database after placing the order. 

4.5. The Buyer is responsible for the accuracy of the information provided when placing the Order. 

4.6. By paying for the goods, the Buyer confirms that he has received all the necessary information about the goods in complete and adequately, according to the requirements of the current legislation of Ukraine; such information is reliable and thoroughly ensures the possibility of conscious choice of the Goods by the Buyer. At the same time, the Buyer is aware that the visual display (colours, proportions, etc.) of various goods on the monitor screen / mobile device may differ slightly from the actual samples of such goods. 

5. Payment and delivery Payment 

5.1. The Seller determines the price of each unit of goods which is indicated on the relevant page of the website. For marketing purposes, the price may be displayed in the national currency of Ukraine (hryvnia) and (or) in foreign currency.

5.2. The Seller sells the goods on a 100% prepayment basis. 

5.3. The Buyer pays for the goods by bank transfer using the website’s functionality using payment systems. The Buyer may also make payment for the Goods by transferring the relevant amount of funds to the Seller’s current account, the details of which are sent by the Seller to the Buyer in electronic form upon a separate request. When the Buyer makes payment for the goods, an additional commission may be charged by the bank card issuer. 

5.4. The Seller has the right to change the price for any item of goods unilaterally. The Seller shall not change the cost of the goods prepaid by the Buyer. 

5.5. The Seller indicates the cost and terms of payment and delivery of the goods on the website. 

5.6. The Buyer’s obligations to pay for the goods are fulfilled when the funds are credited to the Seller’s account. 

5.7. The goods’ methods, procedure and delivery terms are indicated on the website when placing the Order. Unless otherwise specified on the website when placing an order, orders are processed, and the goods are shipped from Monday to Friday until 18:00. The dispatch period is five working days from receipt of the subscription. Within the period specified in this clause of the Agreement, the Seller confirms the availability of the goods, assigns a number to the order, sends information about the order number, its cost, and information on the delivery time to the Buyer’s email address and/or contact phone number. The Seller shall have the right to cancel the order for the goods if they are unavailable by sending an e-mail to the Buyer. In this case, the cost of the goods paid by the Buyer shall be refunded (in full) to the Buyer’s account from which the payment was made. 

5.8. Delivery of the ordered goods is possible to the branch or post office of the carrier (postal operator). 

5.9. The carrier’s services are paid by the Buyer separately (independently) at the carrier’s (postal operator’s) tariffs valid at receipt of the goods. 

5.10. Upon receipt of the Goods, the Buyer shall check the compliance of the Goods with the qualitative and quantitative characteristics (name of the Goods, quantity, completeness, etc.). 

5.11. By accepting the goods from the carrier (postal operator), the Buyer confirms that he has no claims regarding the quantity of the goods, their appearance, or their completeness. 

5.12. The moment of fulfilment by the Seller of the obligation to transfer the goods to the Buyer is the moment of acceptance of the goods by the Buyer delivered by the carrier (postal operator). 

5.13. In the event of a delay in the delivery of the goods through no fault of the Seller, the delivery time may be extended by 10 (ten) calendar days, which the Seller shall notify the Buyer by sending a notification to the Buyer’s email address or any messenger by the Buyer’s phone number. Such an extension shall not be considered a breach of obligations by the Seller. 

5.14. The Goods are transferred to the Buyer in containers and packaging that ensures the safety of the goods from damage and deterioration during transportation and storage. 

5.15. Suppose the Buyer is absent at the delivery address specified by the Buyer in the order or unreasonable refusal/evasion of the Buyer to receive the goods. In that case, the goods shall be returned to the Seller. The Buyer shall pay for delivery services. 

5.16. All questions arising from the Buyer during the order, payment, or receipt of the goods can be resolved by phone at +380675968303 or by e-mail to shop@mktrl.com. 

6. Terms and procedure for termination of the contract, return and replacement of goods 

6.1. The buyer has the right to refuse the goods (terminate the contract) at any time before their transfer and after the transfer of the goods within 14 (fourteen) days, provided that the goods have not been used, their presentation, seals, labels and payment document have been preserved. 

6.2. The Buyer shall not be entitled to refuse the goods of good quality with individually defined properties if they can be used exclusively by the Buyer (consumer) who purchased them (including non-standard sizes, inscriptions, etc.). Confirmation that the goods have individually defined properties is the difference in the size of the goods and other characteristics from those indicated on the website. 

6.3. To return the goods (terminate the contract), the Buyer must first contact the Seller with an official written notice of return of goods (termination of the contract), which shall indicate information about the Buyer, information about the goods to be returned, the date of purchase of the goods, the reasons for the return. Such a notice shall be sent to the Seller’s e-mail address specified in clause 8.3. of this Agreement. The goods sent to the Buyer by mail in case of termination of the Agreement shall also be returned by mail. The costs of delivery of the goods returned to the Seller shall be borne by the Seller. 

6.4. If the Buyer refuses good-quality goods, the Seller shall refund the Buyer the cost of such goods. 

6.5. The refund of the amount specified in clause 6.4. shall be made within 30 (thirty) days after the termination of the agreement and receipt by the Seller of the returned goods. Refunds for the goods shall be made exclusively in the manner the Buyer uses when paying for them. 

6.6. The Buyer has the right to exchange goods of good quality for another similar product, within the terms and on the grounds specified in the Law of Ukraine ‘On Protection of Consumer Rights’. Suppose the appropriate product is not available at the time of the Buyer’s request. In that case, the Buyer has the right to exchange the purchased product for any other product from among those available for sale, with the corresponding recalculation of the cost of the product, following the current legislation of Ukraine; exchange the product for another similar product at the first time it goes on sale. In this case, the Seller will notify the Buyer on the day of receipt of such goods for sale. 

6.7. Claims for the return of goods shall not be satisfied by the Seller if the Seller has revealed the facts of use of the goods, the goods have traces of violation of the rules of their use (stretching, tearing, tightening, traces of mechanical damage, scratches, etc.) 

7. Responsibility of the parties. 

7.1. In the event of disputes related to the performance of this Agreement by the Parties, the Parties undertake to resolve them through negotiations with each other in compliance with the claim procedure. The term for consideration of the claim shall be 14 (fourteen) calendar days from the date of receipt. 

7.2. The Buyer must send all claims regarding the Goods to the Seller’s email address shop@mktrl.com. 

7.3. The Buyer is responsible for the content, completeness and accuracy of the information provided to the Seller when placing and confirming an order for the goods. The Buyer assumes all possible risks associated with providing false or inaccurate data. At the same time, the Seller shall not be liable for improper, untimely fulfilment of the Orders and its obligations if the Buyer provides false or inaccurate information. 

7.4. The Seller shall not be liable to the Buyer for delays or interruptions in the processing, order confirmation or delivery of goods arising from reasons beyond the Seller’s control, such as damage to servers, systems or networks that are not under the Seller’s administration, lack of power supply, etc. 

7.5. The Seller shall not be liable for any damage caused to the Buyer due to improper use of the goods pre-ordered on the website and purchased from the Seller. 

7.6. The Parties shall not be liable for non-fulfilment or improper fulfilment of the terms of the Agreement if their proper fulfilment is impossible due to the occurrence of force majeure (force majeure), which the Parties did not know about and could not prevent. Force majeure circumstances include, but are not limited to, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, power outages, loss of goods, delays of carriers caused by accidents or adverse weather conditions, dangers and accidents at sea, embargoes, disasters, epidemics, pandemics, quarantines, restrictions imposed by government authorities, if these circumstances directly affect the performance of this Agreement. 

7.7. If the fulfilment of obligations under this Agreement becomes impossible due to force majeure for one of the Parties, this Party shall notify the other within 20 (twenty) business days from the date of occurrence or threat of occurrence of the above force majeure circumstances. In this case, the term for fulfilling obligations under this Agreement shall be postponed in proportion to the time of force majeure. 

7.8. Documents issued by the competent authorities shall confirm the circumstances’ beginning and duration. 

8. Confidentiality and personal data. 

8.1. The Parties have agreed that the information and data provided by them to each other shall be confidential and may not be disclosed and/or transferred to third parties without the prior consent (permission) of the other party holding the information, except for the cases of providing information to the authorised state bodies in the manner and in the cases determined by the current legislation of Ukraine, as well as except for cases where disclosure of information follows from the essence of the obligations of the Parties under this Agreement. Disclosure shall be made to the extent necessary for the performance of this Agreement. 

8.2. The execution of the Agreement shall be deemed to be equivalent to sending messages to the Buyer by telecommunication means (SMS, e-mail, messengers, etc.) with clarifications, confirmations, special offers, information about promotions, drawings, advertising and other campaigns of the Seller, or any other information related to the activities of the Seller. 

8.3. By placing an order on the website and/or providing his data and any other information to the Seller (his representative, employee, contractor, etc.), using telephone, electronic messaging, filling out personal data on the website and any other available means of communication, the Buyer gives the Seller consent (permission) to access his data, collect, process, use and store it for life. 

8.4. Personal data may include, but are not limited to, identification data (surname, name and patronymic), address of residence, postal code, contact phone number, date of birth, email address, purchase history and details, preferred language, voice (for example, voice recorded during calls), etc. 

8.5. The Seller is granted the right to process the Buyer’s personal data, including, but not limited to, placing personal data in the Seller’s databases (without additional notice), storing data, accumulating, updating, and changing. 

8.6. The Seller undertakes, within the limits of its capabilities (technical, organisational), to ensure the protection of data from unauthorised access by third parties, not to distribute or transfer data to any third party, except for the transfer of data to related parties, commercial partners, service providers whose servers are used by the Seller, persons authorised by the Seller to process data for this Agreement directly, persons collecting and delivering the Goods, as well as at the request of the competent state authority. 

8.7. By placing an order for the goods, the Buyer confirms that by the requirements of Part 2 of Article 12 of the Law of Ukraine ‘On Personal Data Protection’, he/she has been notified of the inclusion of his/her data voluntarily provided to the owner/manager of the individual entrepreneur Kysil A.V. in the personal database of the individual entrepreneur Kysil A.V, and also confirms that he/she has given his/her consent to perform all actions that, by the Law of Ukraine ‘On Personal Data Protection’, constitute processing (collection, registration, accumulation, storage, adaptation, modification, updating, use, distribution (including abroad), depersonalisation, destruction of personal data) of personal data. Also, the Buyer confirms that he/she has been explained the rights as a personal data subject as defined in Article 8 of the Law of Ukraine ‘On Personal Data Protection’ and has been informed that the Buyer has the following rights: 1) to know about the sources of collection, location of their data, the purpose of their processing, the location of the owner or manager of personal data or to give an appropriate order to obtain this information to persons authorised by them, except in cases established by law; 2) to receive information on the conditions for granting access to personal data, in particular information about third parties to whom personal data is transferred; 3) to access their data; 4) to receive no later than thirty calendar days from the date of receipt of the request, except in the case of.

8.8. In case of unwillingness to receive notifications from the Seller or a desire to send the Seller a legal request to correct, delete, restrict processing or object to the processing of their data, the Buyer has the right to contact the Seller by sending it to the Seller’s postal or e-mail address specified in this Agreement. 

9. Final Provisions 

9.1. The Seller has the right to change the terms of this Agreement. In this case, the terms of the Agreement in force on the date of such confirmation shall apply to the confirmed order for the goods. The publication of the Agreement in a new version is when the relevant changes come into force. The Buyer shall be deemed to have been notified of the change in the terms of the Agreement from the moment the new version is published. 

9.2. At the Buyer’s written request, the Seller shall send this public offer signed with a qualified electronic signature to the e-mail address provided by the Buyer. In this case, if the Buyer’s request is made before the moment of Acceptance, the Seller shall send the Buyer the current public offer. If the Buyer’s request is made after the Acceptance, the Seller shall send the Buyer the valid public offer at the time of Acceptance. 

[1] The Seller spends less money to pay for postal services.