Public Offer

on concluding a retail sale and purchase agreement

 1. General provisions

1.1. This Public Offer on concluding a retail sale and purchase agreement at a distance (hereinafter “the Offer”) is an official proposal of the Individual Entrepreneur Zyma Olga Petrivna, which operates in accordance with applicable law (entry in the USR on state registration № 22240000000098939, from 02.04.2015), has the right to use the mark for goods and services “NOOSPHERE” (hereinafter “Seller”), enter into a contract of retail sale of product(s) (hereinafter  “the Agreement”) on the Website – Online Store “NOOSPHERE STORE” http://www.noosphere.store/ (hereinafter “the Website”).

1.2. In this Offer, the following terms have the following meanings:

Acceptance – acceptance by the Buyer of the Offer (proposal) of the Seller for the purchase of the Product(s), images and characteristics of which are posted on the Website http://www.noosphere.store/ , by placing an Order.

Buyer – is an individual who has entered into this Agreement with the Seller on the terms set forth below.

Order – a set of actions of the Buyer, consisting of: selecting the product(s) on the Website, placing the product(s) in «Cart», indicating by the Buyer all necessary data in the form of the Order (application) and clicking «Place order» on the Website http://www.noosphere.store/, automatic transition to the next page of payment, taking actions aimed at paying the price of the Product(s) in Order.

Product – the subject of trade (product, model, accessory, any other objects of trade), for the purchase of which the Seller’s offer is posted on the Website http://www.noosphere.store/.

Online store – a means to present and/or sell the Product(s) by making an electronic transaction. On this Website http://www.noosphere.store/ sections «Accessories», «Clothing», «Exclusive», intended for retail purchase and sale of the Product(s) on the basis of acquaintance of the Buyer with the main characteristics and description of the Product(s) offered for purchase.

1.3. The moment of full and unconditional acceptance of this Offer (acceptance) by the Buyer and the moment of concluding this Agreement is considered the moment of realization of the Order by the Buyer.

2. Subject of the Agreement

2.1. The Seller undertakes to sell the Product(s) in the Order made by the Buyer on the relevant page of the Website http://www.noosphere.store, and Buyer undertakes to purchase the Product(s) and pay its price (cost) on the terms and in the order specified in this Agreement.

2.2. The Seller guarantees that the Product(s) are not pledged, are not the subject of a dispute, are not under arrest, and there are no third party rights to it.

2.3. Seller and Buyer accept and acknowledge that this Agreement is not a fictitious or counterfeit agreement or an agreement concluded under the influence of pressure or deception.

2.4. The Seller confirms that he has all the necessary permits for business activities that regulate the scope of legal relations arising and operating in the course of performance of this Agreement, and guarantees that he has the right to sell the Product(s) without any restrictions, in accordance with requirements of the current legislation of Ukraine.

 

3. Rights and obligations of the Parties

3.1. The Seller is obliged to:

3.1.1. Comply with the terms and conditions of this Agreement;

3.1.2. Execute the Buyer’s Order in case of full payment of the price of the Product(s) from the latter;

3.1.3. Transfer or send the Product(s) to the Buyer by delivery services in accordance with the sample and range selected by the Buyer on the Website page http://www.noosphere.store/, made by the order and the terms of this Agreement;

3.1.4. Check the qualitative and quantitative characteristics of the Product(s) during its packaging for shipment by delivery services;

3.1.5. Notify the Buyer of a possible additional fee for payment by payment cards, by informing in this Agreement.

3.2. The Seller has the right to:

3.2.1. Unilaterally suspend the performance of the provisions of this Agreement in case of violation and/or non-fulfillment by the Buyer of the terms and conditions of this Agreement.

3.3. The Buyer must:

3.3.1. Pay on time and receive the Product(s) from the Order made by the Buyer under the terms of this Agreement;

3.3.2. Read the information about the Product(s), which is posted on the Website http://www.noosphere.store/.

3.3.3. Upon receipt of the Product(s) from the person and/or the delivery service department, make sure that the Product(s) are intact and complete by inspecting the contents of the package. In case of detection of damages or incomplete complete set of the Product(s) – to fix them in the act which together with the Buyer should be signed by the authorized person service/delivery service.

3.4. The Buyer has the right to:

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

3.4.2. Require the Seller to comply with the terms of this Agreement;

3.4.3. To inform about the possible additional commission when paying the price of the Product(s) in the Order.

4. Order Execution Procedure

4.1. The Buyer independently places the Order on the relevant page of the Website http://www.noosphere.store/, by adding the selected Product(s) to the virtual cart by clicking the “Add to cart” button, filling in the data specified in the Order form (including personal Buyer’s data, delivery addresses, etc.) and payment of the price of the Product(s) in Order.

4.2. The term of formation of the Product(s) in the Order is up to 3 (three) working days from the moment of its implementation and payment. If the Order is placed on a weekend or holiday, the formation period begins on the first day after the weekend.

5. Price and payment procedure

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

5.2. Prices for the Product(s) may change unilaterally by the Seller depending on market conditions and other factors that affect pricing. In this case, the Seller may not change the price of the Product(s) fully paid by the Buyer unilaterally.

5.3. The price of the Agreement is determined by adding the prices of all selected Product(s) placed in 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 by the Buyer separately upon receipt of the Product(s).

5.4. The Seller may provide discounts (make a temporary reduction in the price of the Product(s), by holding promotions (contests, raffles, etc.) or sending the Buyer the appropriate promo code.

The Seller has the right at his discretion to determine the conditions of these promotions and the use of the promo code by the Buyer. In any case, the Buyer can receive the discount under the relevant promo code only once, and the promo code does not apply to the Product(s), the price of which has already been reduced according to the terms of the promotion (contest, raffle, etc.).

5.5. Payment for the Product(s) in the Order is made by the Buyer by full payment (100% prepayment) of the price of the Product(s) under such Order.

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

By choosing the appropriate method of payment for the Product(s), the Buyer agrees with the procedure and term of payment, as well as the cost of services (the amount of commission) of the relevant payment system/service or operator.

5.7. The Seller reserves the right to cancel any Buyer’s Order if the latter has not made a full prepayment of the price of the Product(s) provided for in paragraph 5.5. Agreement.

Note. When the Buyer pays for the order with a payment card, it is possible for the issuer of this card to charge an additional fee (for example, Visa, Mastercard, etc.). Clicking on the Website page http://www.noosphere.store/ in the relevant section of the button “I agree with the terms of the Public Offer” means that the Seller has notified the Buyer of the possibility of charging an additional fee when the Buyer pays for orders by relevant issuers of payment cards.

6. The order and conditions of delivery

6.1. When placing an Order, the Buyer has the opportunity to choose one of the methods of delivery of the Product(s) offered by the Seller on the Website page http://www.noosphere.store/.

By choosing the appropriate method of delivery of the Product(s), the Buyer undertakes to pay the delivery cost (as well as packaging if necessary) of the Product(s) specified during the execution of the Order.

6.2. Upon delivery of the Product(s) performed by delivery services (for example, Nova Poshta, Ukrposhta, etc.), the Buyer fully and unconditionally agrees with the Rules of carriage of Product(s) by these delivery services defined by these delivery services.

6.3. The fact of receipt of the Product(s) and the absence of claims to the quality of the Product(s) delivered by delivery services, the Buyer confirms with his own signature in the consignment note and/or declaration of delivery services, or in the invoice upon receipt of the Product(s)).

For his part, the Seller guarantees the shipment of the Product(s) to the delivery service in the quantity specified and paid by the Buyer, complete in accordance with the Order of this Product(s) and in proper (working) condition and quality.

6.4. In case of detection of defects of the upon receipt of delivery (including damage), the Buyer is obliged to immediately draw up a relevant Act on the detection of defects with the delivery service, as well as immediately notify the Seller by means of communication about the identified defects in the delivery of the Product(s) for further determination of the methods/procedure of exchange/replacement of the Product(s) of appropriate quality.

6.5. All questions that arose in the process of receiving the Product(s), the Buyer can find out from the contact information in the Contacts section.

7. Return of Product(s)

7.1. Return of Product(s) of improper quality (in case of such detection) is carried out in accordance with Art. 8 of the Law of Ukraine “On Consumer Protection”.

In this case, the Buyer must contact the Seller by contact information in the “Contacts” section to resolve issues regarding the exchange/replacement of the Product(s) or reimbursement of the price of the Product(s).

7.2. According to Art. 9 of the Law of Ukraine “On Consumer Protection”, the Buyer has the right to exchange the Product(s) of proper quality within 14 (fourteen) days from the date of receipt by the Buyer of delivery of the Product(s).

The Buyer has the right to exchange the Product(s), taking into account the provisions of the legislation on the grounds and the list of Product(s) that are not subject to exchange (return).

7.3. If the Buyer intends to return the Product(s), such return is made in accordance with the information in the section of the Website http://www.noosphere.store/ “Delivery and return”.

7.4. When exercising the right to return the Product(s) of proper quality, the Buyer must keep such Product(s) in the same condition. The return of the Product(s) of proper quality shall be made by the Buyer in the same way as the Seller (s) sent the Product(s).

7.5. The cost of returning the Product(s) shall be reimbursed by the Seller upon receipt of the Product(s) from the Buyer and establishing that the returned Product(s) have not been used and if their appearance, consumer properties, seals, labels, etc. are preserved, and also attached a document confirming payment for the Product(s) (or a copy thereof).

7.6. Upon return by the Buyer of the Product(s) of proper quality, the Seller shall return to the Buyer the funds paid by him at the price of the Product(s) and reimburse the Buyer for the costs under the conditions specified in paragraph 7.5. of this Agreement, within 10 (ten) banking days from the moment of establishment that the returned Product(s) meet the requirements of paragraph 7.5. of this Agreement.

Commission of the payment service/operator and/or bank of the issuer of the Buyer’s payment card, as well as possible costs related to delivery services are not refundable.

7.7. Refunds are made by money transfer to the bank account from which the Buyer made payment for the Product(s) when ordering or to any bank account due to the Buyer, if the Buyer made payment for the Product not from 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 settlement of disputes

8.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.

8.2. The seller is not responsible for:

8.2.1. For minor differences in the color range of the Product(s), which may differ from the image of the Product(s) on the Website http://www.noosphere.store/ due to different types and different settings of personal computer monitors and other devices of the Buyer;

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

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

8.2.4. Illegal actions committed by the Buyer when placing the Order.

8.3. The Buyer, using the access to the Internet provided to him, is independently liable for damage caused by his actions to third parties or their property.

The Buyer is personally responsible for maintaining the confidentiality of his e-mail/login and password used to log in to the Buyer’s personal account.

The Seller is not responsible for the correctness of the Buyer’s data specified during the Order, the consequences of untimely updating of such data by the Buyer and the consequences of third party access to the Buyer’s personal account.

8.4. In the event of force majeure, the Parties shall be released from liability for failure to comply with the terms of this Agreement during the existence of the relevant circumstances.

Force majeure for the purposes of this Agreement means events that are extraordinary and unforeseen in nature and that objectively make it impossible to fulfill the obligations under this Agreement.

8.5. In the event of disputes related to the performance of the Parties to this Agreement, except for disputes concerning the recovery of debt from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claims procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes in connection with the collection of debt from the Buyer, compliance with the claim procedure is not required.

8.6. All disputes, disagreements or claims arising from or in connection with this Agreement, including those related to its implementation, violation, termination or invalidity, shall be resolved in the relevant court in accordance with applicable law of Ukraine.

9. Quality of the Product(s), warranty period and 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 does not apply to the Product(s) in respect of which the rules of use/operation have been violated (in case of their application to a specific type of Product(s), physical, mechanical, thermal effects (including intervention, repair, damage, etc.) impact of water, dirt, sand, dust, consequences of rodents, as well as in relation to which illegal actions of the Buyer and/or third parties.

9.3. Acceptance of relevant proposals and claims from the Buyers is carried out by the Seller within the period specified in paragraph 9.1 of this Agreement, and is carried out by the Buyer sending the relevant notices to the Seller’s contacts specified in the Agreement.

10. Term of the Agreement

10.1. This Agreement is valid until the full implementation of obligations by the Parties, except in cases of its early termination.

10.2. This Agreement may be terminated by mutual consent of the Parties and in other cases provided by this Agreement and the current legislation of Ukraine.

10.3. The Buyer has the right to terminate this Agreement early and return the Product(s) of proper quality. Termination of the Agreement in the above case is carried out by sending the Buyer a notice to the address of the Seller specified in this Offer within fourteen days from the date of receipt by the Buyer of delivery of the Product(s).

11. Other conditions

11.1. The Seller reserves the right to unilaterally make changes to this Agreement, which take effect from the date of their publication on the Website http://www.noosphere.store/ and apply to Orders issued since the publication of the relevant changes on the Website http: // www.noosphere.store/.

11.2. When placing an Order, the Buyer agrees to the collection and processing of personal data in accordance with the Law of Ukraine “On Personal Data Protection” and the Privacy Policy of the Website and the Terms of Use of the Website – Online Store “NOOSPHERE STORE” (http://www.noosphere.store/)

The processing of personal data is carried out for the following purpose: the data that become known will be used for commercial purposes, including for processing Orders for the purchase of Product(s), obtaining information about the Order, sending by telecommunications (e-mail, mobile)) advertising and special offers, information about promotions, raffles or any other information about the activities of the Website http://www.noosphere.store/.

For the purposes provided for in this paragraph, Buyers have the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send messages, make calls to the telephone number specified in the questionnaire.

In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller, writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

11.3. The Buyer has the right to process his personal data, including: to place personal data in the database (without additional notice), to carry out lifelong storage of data, their accumulation, update, change (as needed). The Seller undertakes to protect data from unauthorized access by third parties, not to disseminate or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to directly process data for these objectives, as well as at the mandatory request of the competent public authority).

12. Contacts

Legal address: NGO «Association Noosphere», 49050, Dnipro, Nauky Avenue 103-A;
Tel.: +380964530210
Email: [email protected]