Public Offer

for Entering into a Contract for the Retail Purchase and Sale of Products

1. General Provisions.

1.1. This Public Offer for entering into a Contract for the distance retail purchase and sale of Products (hereinafter referred to as the “Offer”) is an official proposal by the Non-governmental Organization “ASSOCIATION NOOSPHERE,” represented by the Chairman of the Board, Anton Mykhailovych Protas, who is authorized to use the “NOOSPHERE” trademark for Products and services (hereinafter referred to as the “Seller”), to enter into a Contract for the retail purchase and sale of Products (hereinafter referred to as the Contract) on the Website “NOOSPHERE STORE” http://noosphere.store/ (hereinafter referred to as the “Website”).

1.2. The terms listed below in this Offer shall have the following meaning:

Acceptance – the Buyer’s Acceptance of the Seller’s Offer (proposal) to purchase the Products, the images and specifications of which are published on the Website http://noosphere.store/, by placing an Order.

Buyer – an individual who has entered into this Contract with the Seller under the terms set forth below.

Order – a set of actions by the Buyer, consisting of: selecting the Product(s) on the Website, adding the Product(s) to the virtual shopping cart, entering all the necessary data in the Order (application) form, and clicking on the “Pay” button on the Website http://noosphere.store/, automatic redirection to the next payment page, performing actions intended to effect payment for the Product(s) under the Order.

Product – an item of trade (product, model, accessory, any other items of trade) that the Seller’ offers for purchase on the Website http://noosphere.store/.

Online store – a platform for presenting and/or selling the Product(s) through electronic transactions. On the Website http://noosphere.store/, the “Clothing,” “Accessories,” “Home & Comfort,” “Souvenirs,” and “Exclusive” sections are intended for the retail purchase and sale of Product(s) based on the Buyer’s familiarization with the key specifications and description of the Product(s) offered for purchase.

1.3. The moment of full and unconditional Acceptance of this Offer by the Buyer and the moment of entering into this Contract shall be deemed to occur when the Buyer places an Order.

2. Subject of the Contract.

2.1. The Seller undertakes to sell the Product(s) ordered by the Buyer on the relevant page of the Website http://noosphere.store under the terms and according to the procedures set forth in this Contract. The Buyer undertakes to purchase the Product(s) and accept it under the terms and according to the procedures set forth in this Contract.

2.2. The Seller guarantees that the Product(s) is free from any pledge, not subject to dispute or arrest, and not encumbered by any third-party rights.

2.3. The Seller and the Buyer hereby acknowledge and confirm that this Contract is genuine, and not a fictitious or sham agreement, nor has it been entered into under any coercion or deception.

2.4. The Seller confirms that it possesses all necessary permits to conduct economic activities, ensuring compliance with the legal framework governing the scope of legal relations arising from and operating under this Contract. The Seller also guarantees that it has the right to sell the Product(s) without any restrictions, in compliance with the current legislation of Ukraine.

3. Rights and Responsibilities of the Parties.

3.1 The Seller is obliged to:

3.1.1 Comply with the terms and conditions of this Contract;

3.1.2. Fulfill the Buyer’s Order upon receipt of full payment for the Product(s) from the latter;

3.1.3. Deliver or dispatch the Product(s) to the Buyer via delivery services in accordance with the model and assortment selected by the Buyer on the Website http://noosphere.store/, the Order and the terms of this Contract;

3.1.4. Verify the qualitative and quantitative specifications of the Product(s) during packaging for dispatch via delivery services;

3.1.5. Inform the Buyer of a potential additional fee that may incur when paying by payment cards, as specified in this Contract.

3.2. The Seller has the right to:

3.2.1. Unilaterally suspend the performance of this Contract in case of the Buyer’s breach and/or non-compliance with the terms and conditions of this Contract.

3.3. The Buyer is obliged to:

3.3.1 Timely pay for and receive the Product(s) under the Order placed by the Buyer under the terms of this Contract;

3.3.2. Familiarize himself/herself with the information about the Product(s) published on the Website http://noosphere.store/.

3.3.3. Upon receipt of the Product(s) from a delivery service, verify the integrity and completeness of the Product(s) by inspecting the contents of the packaging. In case of damage or incomplete sets of the Product(s), the Buyer shall document the issues in the Defect Report, which shall be signed by both the Buyer and the authorized representative of the delivery service/service together with the Buyer.

3.4. The Buyer has the right to:

3.4.1. Place an Order on the relevant page of the Website http://noosphere.store/;

3.4.2. Demand the Seller’s compliance with the terms of this Contract;

3.4.3. Be informed about potential additional fees when paying for the Product(s) under the Order.

4. Order Placement Procedure.

4.1. The Buyer independently places an Order on the relevant page of the Website http://noosphere.store/ by adding the selected Product(s) selected to the virtual shopping cart by clicking on the “Add to Cart” button, filling in the required information in the Order form (including the Buyer’s personal data, delivery address, etc.) and paying the price of the Product(s) as per the Order.

4.2. The processing time for the Product(s) under the Order is up to 3 (three) business days from the moment of Order placement and payment. If the Order is placed on a weekend or public holiday, the processing time starts from the first business day following the weekend or public holiday.

5. Price and Payment Procedure.

5.1. The prices for the Product(s) are determined solely by the Seller and indicated on the Website http://noosphere.store/. These prices include taxes as required by the current legislation of Ukraine.

5.2. The Seller may unilaterally change the prices for the Product(s) depending on the market conditions and other factors that affect pricing. However, the price of the Product(s) that has been fully paid by the Buyer cannot be changed unilaterally by the Seller.

5.3. The total price of the Contract is determined by summing up the prices of all selected Product(s) added to the virtual shopping cart.

The price (cost) of delivery and packaging by delivery services is not included in the price of the Product(s) and is paid separately by the Buyer upon receipt of the Goods.

5.4. The Seller may offer discounts (temporarily price reduction for the Product(s) through promotions (contests, raffles, etc.) or by sending the Buyer a corresponding promo code.

The Seller reserves the right, at its sole discretion, to determine the conditions for conducting such promotions and the rules for the Buyer’s use of promo codes. In any case, the discount associated with a promo code can be used by the Buyer only once, and such promo code does not apply to the Products(s) whose price has already been reduced under the terms of the promotion (contest, raffles, etc.).

5.5. The Buyer shall pay for the Product(s) under the Order by effecting the full payment (100% prepayment) of the price for such Product(s).

5.6. When placing an Order, the Buyer has the option to choose one of the payment methods offered by the Seller on the Website page http://noosphere.store/.

By selecting a particular method of payment for the Product(s), the Buyer agrees to the procedure and timeframe for effecting the payment, as well as the applicable service fees charged by the relevant payment system/service or operator.

5.7. The Seller reserves the right to cancel any Order if the Buyer failed to effect full prepayment of the price of the Product(s) stipulated in clause 5.5. of the Contract.

Note. When the Buyer pays for the Order with a payment card, an additional fee may be charged by the card issuer (for example, Visa, MasterCard, etc.). By clicking on the “I agree to the terms of the Public Offer” button in the relevant section of the Website http://noosphere.store/, the Buyer acknowledges that the Seller has informed him/her about the possibility of additional fee being charged by the card issuer when effecting payments for Orders.

6. Procedure and Terms of Delivery.

6.1. The delivery of the Product(s) within Ukraine is carried out by the Seller through the “Nova Poshta” delivery service (at the Buyer’s expense) according to the carrier’s terms and conditions, details on the Website page http://noosphere.store/.

6.2. Upon receipt of the Product(s), the Buyer shall verify, in the presence of the delivery service representative (carrier), the Product(s) compliance with the qualitative and quantitative specifications (product name, quantity, completeness, and expiration date).

6.3. The Buyer or his/her representative, upon receipt of the Product(s), confirms by signing the consignment note or the expense note, that he/she has no complaints about the quantity, marketable appearance, or completeness of the Products.

6.4 If any defects (including damage) are detected in the Product(s) upon delivery, the Buyer is obliged to immediately draw up a corresponding Defect Report with the delivery service and immediately notify the Seller by appropriate means of communication about the defects found during the delivery of the Product(s) to determine further methods/procedure of exchange/replacement of the Product(s).

6.5. The Buyer may clarify any issues arising during the receipt of the Product(s) using the Seller’s contact details provided in the Contacts section.

7. Return of Product(s).

7.1. The return of Product(s) of improper quality (if such is detected) is carried out in accordance with the Article 8 of the Law of Ukraine “On Protection of Consumer Rights”.

In this case, the Buyer shall contact the Seller, using the contact details provided in the Contacts section, to resolve any issues regarding the exchange/replacement of Product(s) or reimbursement of the price of Product(s).

7.2. In accordance with the Article 9 of the Law of Ukraine “On Protection of Consumer Rights”, the Buyer has the right to exchange Goods of improper quality within 14 (fourteen) days from the date of receiving the delivery of Product(s).

The Buyer has the right to exchange Product(s), subject to the provisions of the legislation regarding the grounds and list of Product(s) that is not subject to exchange (return).

7.3. If the Buyer intends to return the Product(s), such return shall be carried out in accordance with the information provided in the relevant Website section.

7.4. When exercising the right to return the Product(s), the Buyer shall ensure that the Product(s) is in proper condition, has never been used, shows no signs of use, and retains its marketable appearance, consumer properties, seals, labels, films are preserved, the packaging integrity for both the Product itself and its components, it does not contain any scratches, chips, abrasions, and is fully functional. The return of the Product(s) of proper quality is carried out by the Buyer using the same method that was used by the Seller to deliver the Product(s).

7.5. The costs incurred when returning the Product(s) of proper quality under the terms of clause 7.4 shall be reimbursed by the Seller, specifically: the amount paid by the Buyer for the price of the Product(s), after receiving the Product(s) from the Buyer and establishing that the returned Product(s) is of proper quality under the terms of clause 7.4, along with providing a document confirming payment for the Product(s) (or its copy), within 10 (ten) banking days.

The fees charged by the payment service/operator and/or the bank issuing the Buyer’s payment card, as well as potential costs associated with delivery services are non-refundable.

7.6. The refunds shall be made by transferring funds to the bank account from which the Buyer effected the payment for the Product(s) during Order placing, or to any valid bank account belonging to the Buyer, if the payment for the Product(s) was effected by the Buyer without using a bank account. In the latter case, the refund is made after the Buyer provides the Seller with the relevant bank details.

8. Liability of the Parties and Dispute Resolution.

8.1. The Parties shall be liable for failure to perform or improper performance of the terms of this Contract in accordance with the procedure provided for in this Contract and the current legislation of Ukraine.

8.2. The Seller shall not be liable for:

8.2.1. Minor discrepancies in the color range of the Product(s), which may differ from the image of the Product(s) on the Website http://noosphere.store/ due to different types and different settings of the monitors of personal computers and other devices used by the Buyer;

8.2.2. The content, truthfulness, accuracy, and precision (including regarding the sizes, selected types of Product(s), etc.) of the information provided by the Buyer when placing the Order;

8.2.3. Delays and interruptions in the processing of the Order, delivery, and transfer of the Product(s), which occur due to reasons beyond the Seller’s control;

8.2.4. Any unlawful actions committed by the Buyer during the ordering process.

8.3. The Buyer, using the access provided to the Internet, shall be solely responsible for any damage caused by his/her actions to third parties or their property.

The Buyer bears personal responsibility for maintaining the confidentiality of his/her e-mail/login and password used to access the Buyer’s personal account.

The Seller is not responsible for the accuracy of the Buyer’s data provided when placing the Order, the consequences of the Buyer’s failure to update such data in a timely manner, and the consequences of third parties gaining access to the Buyer’s personal account.

8.4. In case of force majeure, the Parties are exempt from liability for failure to perform this Contract during the period of these circumstances.

For the purposes of this Contract, force majeure refers to extraordinary and unforeseen events that objectively make the performance of this Contract impossible.

8.5. In the case of disputes related to the performance of this Contract by the Parties, except for disputes regarding the collection of the Buyer’s debt, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The term for consideration of a claim is 7 (seven) calendar days from the date of its receipt. The claims procedure is not applicable to disputes related to debt collection from the Buyer.

8.6. All disputes, disagreements, or claims arising from this Contract or in connection with it, including those related to its performance, breach, termination, or invalidity, shall be subject to resolve in the appropriate court in accordance with the current legislation of Ukraine.

9. Product Quality, Warranty Period, and the Procedure for Accepting Claims.

9.1 The quality of the Product(s) meets the requirements established by the legislation of Ukraine for the relevant type of Products.

9.2. Warranty service shall not be applied to the Product(s), if the rules of use/operation have been violated (if applicable to a specific type of Product(s), or if the Product(s) has been subjected to physical, mechanical, thermal impact (including interference, repair, damage, etc.), exposure to water, dirt, sand, dust, damage caused by rodents, or if unlawful actions have been committed by the Buyer and/or third parties in relation to the Product(s).

9.3. The Seller shall accept relevant proposals and claims from Buyers within the period specified in clause 9.1 of this Contract, provided that the Buyer submits the respective notifications using the Seller’s contact details specified in the Contract.

10. Term of the Contract.

10.1. This Contract shall remain effective until full performance of obligations by the Parties, except in cases of its early termination.

10.2. This Contract may be terminated by mutual consent of the Parties and in other cases provided for by this Contract and applicable law of Ukraine.

10.3. The Buyer has the right to terminate this Contract prematurely and return the Product(s) of proper quality. In this case, termination of the Contract is effected by sending a corresponding notification to the Seller’s address specified in this Offer within fourteen days from the date the Buyer receives the Product(s).

11. Other Provisions.

11.1. The Seller reserves the right to unilaterally amend this Contract. Such amendments shall become effective upon their publication on the Website http://noosphere.store/ and shall apply to Orders placed from the moment the relevant amendments are published on the Website http://noosphere.store/.

11.2. By placing an Order, the Buyer consents to the collection and processing of his/her personal data in accordance with the Law of Ukraine “On Protection of Personal Data” as well as the Privacy Policy and Terms of use of the Website – Online Store “NOOSPHERE STORE” (http://noosphere.store/)

The processing of personal data is carried out for the following purposes: the provided data will be used for commercial purposes, including processing Orders for the purchase of Product(s), obtaining information about Orders, sending advertising materials, special offers, promotional information, raffles, or other information about the activities of the Website http://noosphere.store/ via telecommunication means (e-mail, mobile communication).

For the purposes set forth in this paragraph, the Seller has the right to send letters, messages, and materials to the Buyer’s postal address, and e-mail, as well as to send SMS messages and make calls to the phone number specified in the questionnaire.

In case of unwillingness to receive the newsletter, the Buyer has the right to notify the Seller by submitting a written request to opt out of receiving advertising materials and sending it to the Seller’s postal or e-mail address.

11.3. The Buyer grants the Seller the right to process personal data, including: placing such personal data in databases (without additional notification), storing it for an indefinite period, as well as accumulating, updating, and modifying it (as necessary). The Seller undertakes to protect the data from unauthorized access by third parties, not to disclose or transfer it to any third party (except to affiliated entities, commercial partners, or persons authorized by the Seller to directly process data for the specified purposes, as well as in response to a mandatory request of a competent state authority).

12. Contacts.

NGO “ASSOCIATION NOOSPHERE”
103A Nauky Avenue, Dnipro
Phone No.: +380964530210
Email: [email protected]