Terms of Use

For the online store “NOOSPHERE STORE” (http://noosphere.store/)

These Terms of Use for the Website (http://noosphere.store) (hereinafter – the “Website”) are developed in accordance with the current legislation of Ukraine (including the Civil Code of Ukraine, the Law of Ukraine “On Electronic Commerce,” the Law of Ukraine “On the Protection of Consumer Rights,” etc.) and regulate the relationship between NGO “ASSOCIATION NOOSPHERE” as the administrator of the Website and any individual regarding use of the Website.

1. Terms and definitions.

1.1. The Organization is the Non-Governmental Organization “ASSOCIATION NOOSPHERE,” with legal entity identification code 40565261, located at the address: 103A Nauky Ave., Dnipro. Upon Acceptance of the Offer, the Organization acts as the Seller.

1.2. The Website is the website of the Organization (http://noosphere.store), which contains information about Products, terms of purchase, payment, delivery, promotions, advertising and marketing activities, other general information, other mandatory information, presented in graphic and/or text form, addressed to unspecified parties, on the basis of which any individual can make a conscious choice and contact the Organization with an Offer to enter into a Contract for the retail sale of Products under these Terms of Use.

1.3. The User is an adult, legally capable individual who visited the Website and continues to use it under these Terms of Use.

1.4. The Offer refers to a User’s selection of an item from the list of Products available on the Website by adding the selected Product to the “cart”, entering the necessary Order details, and clicking on the corresponding Order confirmation button.

1.5. The Product(s) refers to household goods, accessories, and other goods, including accompanying items, information about which is available on the Website.

1.6. The Legislation refers to the applicable laws of Ukraine, which may govern legal relations related to and/or arising from the performance of the obligations under these Terms of Use.

2. General conditions.

2.1. By continuing to use the Website, the User accepts these terms and the procedure for submitting the Offer to the Organization (placing an Order) and its acceptance by the Organization, and also gives the Organization consent to process personal data provided by the User and other information considered necessary or mandatory to provide according to the Legislation, and also accepts liability for any unauthorized use of the Website.

2.2. The Organization and/or the User shall presume that all actions performed on the Website, including the submission of the Offer, are intended to enter into a Contract for the purchase and sale of Product(s) for the purposes unrelated to entrepreneurial activity.

2.3. The Organization declares that the description of the Product(s) published on the Website, including prices, may change. The final price is the price specified in the Organization’s Acceptance, sent in response to the User’s offer.

2.4. Any information about the Product(s) available on the Website is published, inter alia, based on technical and other information provided by the manufacturer of the Product(s). In case of any discrepancies in the information specified on the Website and in the manufacturer’s documents, the User shall be guided by the data contained in the manufacturer’s documents. The Organization has the right to modify the information published on the Website at any time without prior notice to Users.

2.5. The User is responsible for the accuracy of information provided when submitting the Offer (placing an Order). At the same time, the User automatically gives consent to the Organization for the processing of personal data, which additionally became or will become known as a result of Acceptance of the User’s offer.

2.6. The Organization does not verify the information provided by the User. All information provided by the User is accepted without any additional verification and serves as a basis for processing documents.

2.7. The Organization may unilaterally amend these Terms of Use.

2.8. Any other agreements (rules) published on the Website apply in addition to these Terms of Use.

2.9. The public purchase and sale contract, the terms of which are set forth in the “Public Offer” Section, constitutes an integral part of these Terms of Use.

3. The Procedure for Entering into Contracts.

3.1. Information about the Product(s) published on the Website is an offer to enter into a Contract for the purchase of relevant Product(s) and does not constitute an offer of the Organization. The relevant Contract is entered into between the Organization and the User on the terms specified in the applicable section of this Website.

3.2. The User, after viewing the information on the Website, has the right to make an offer to the Organization to enter into a Contract (Offer) by filling out an Order form on the Website.

3.3. The User’s submission of an Offer is a confirmation that the User has read and understood the description of the relevant Products, their specifications, and terms of provision. The User’s submission of an Offer is also confirmation that the selected Products fully meet the purpose of their purchase.

3.4. The acceptance of the User’s offer refers to the performance of actions by the Organization in accordance with the terms of the Contract specified in the offer.

3.5. The Organization may offer the User to purchase the Product(s) on the terms other than those specified in the User’s offer. In this case, such an Offer is considered a Counteroffer that may be accepted by the User. The User accepts the counteroffer by receiving the Products under the terms specified in the counteroffer. The Organization may withdraw the Counteroffer before the User receives the Product.

4. Privacy policy.

4.1. The Organization and its partner companies are committed to adhering to the best principles of business partnership and cooperation, ensuring that the trust placed in the Organization and its partner companies is justified, particularly through the responsible processing of Users’ personal data.

4.2. These Terms of use, in particular the privacy policy, have been created by the Organization to inform individuals, who are Users of the Website (buyers of Products) and its mobile versions/applications, about the Organization’s policies and procedures for processing their personal data.

4.3. The Organization manages and administers the Website, and these terms and conditions, in particular, the privacy policy, form an integral part of the Website’s Terms of Use.

4.4. The privacy policy is developed in accordance with the provisions of the legislation.

4.5. By visiting and using the Website, the User acknowledges and affirms that the User has read and understood, and consents to these Terms of Use, and has been duly informed of the purpose, legal basis, and other conditions governing the processing of personal data in compliance with current legislation.

4.6. By consenting to the processing of personal data, where consent serves as the legal basis, the User confirms that he/she has sufficient legal capacity and civil capacity under the legislation to give such consent. If the User lacks sufficient capacity, consent shall be given by his/her legal representatives who have full civil capacity and are authorized to give such consent. Otherwise, the Organization shall apply the provisions of these Terms of Use and laws of Ukraine, in particular the Law of Ukraine “On Personal Data Protection”.

4.7. The registration and contact data of the Organization are specified in the relevant sections and parts (modules) of the Website.

4.8. The terms used are applied in the meanings defined in the Law of Ukraine “On the Personal Data Protection”.

4.9. Personal data processed:

4.9.1. Information about the User (hereinafter – Information data). For example, the User’s name, surname, and patronymic, e-mail address and mobile (contact) phone number, the address and method of delivery of Products specified by the User, and data for accessing the User’s (Buyer’s) personal account on the Website.

4.9.2. The information about the Product selected by the User on the Website (hereinafter – “Product Data”). This includes, for example, the name, quantity, type, technical specifications, and details regarding the Product selected by the User.

4.9.3. The information regarding the User’s payment for the Product (hereinafter – “Payment Data”). The Organization collects data on the fact of payment (transfer of funds) effected by the User for the Product, as well as information aimed at combating fraudulent activities and laundering of funds obtained through illegal means. This data is obtained from financial institutions (banks, payment services/tools) or by analyzing the User’s current account with a financial institution.

4.9.4. The information about correspondence (communication) with the User (hereinafter – “Communication Data”). This category of data includes letters, comments, suggestions, and complaints, including their content (which may include photos, videos, audio, etc.), sent by the User via chats, e-mail, social media platforms, phone calls, and/or any other information related to correspondence between the Organization and the User, in the form of electronic and/or regular mail and/or personal correspondence between the Organization and the User. If the User contacts the Organization via phone call, the Organization stores the data of the phone conversation with the User, which includes: the telephone number from which the User called and a recording of the conversation.

4.9.5. The information regarding the User’s participation in contests/events and/or promotions held by the Organization (hereinafter – “Participation Data”). The Organization collects personal data provided by the User in applications for participation and/or registration forms, as well as the history of the User’s participation in contests/events and/or promotions held by the Organization where the User participated or won.

4.9.6. The information about devices and technical data (hereinafter – “Automatically Collected Data”). This data includes the User’s IP address, computer/mobile device operating system information, browser type, mobile device type, unique device identifier or mobile equipment identifier, cookies, etc., which are processed automatically (including upon downloading). This data is collected both by the Website itself and through third-party analytics tools (including, but not limited to, Google Analytics, Cloudflare, etc.).

4.9.7. The information about the User’s visit to the Website (hereinafter – “Website Usage Data”). The Organization collects data about the User’s navigation path to the Website, his/her browsing activity, transitions from the Website to other websites (including date and time), pages viewed by the User, page load time, page load errors with loading pages, duration of visits to specific pages, as well as information on interaction between Website pages, which are processed automatically (including upon loading).

4.9.8. Review information (hereinafter – “Review data”). The Organization collects the User’s feedback and/or responses to marketing, advertising, or informational surveys, and/or research proposed by the Organization.

4.9.9. Discussion information (hereinafter – “Discussion Data”). The Organization may offer the User access to publicly available chats, forums, and/or discussions on the Website, where Users can post their own comments and/or discussions regarding the Organization’s activities, including purchased Products, the Organization and holding of contests/events and/or promotions by the Organization, or other matters. These comments and discussions may contain information that falls under the definition of “personal data” under applicable legislation.

4.9.10. The information obtained from third parties (hereinafter – Third-Party Data). In some cases, we collect additional personal data of the User from other sources, including from partner companies, companies specializing in technical maintenance of information search providers, databases for combating fraud, and/or other third-party databases, including from sanctions (prohibition) lists when required by law. This data includes, without limitation: a) information used to verify the authenticity of information about the User; b) information about the User’s legal capacity.

4.10. Legal basis that is permissible for the processing of the User’s personal data are considered to be:

4.10.1. Consent – in case the User consents to the processing of personal data provided (for example, the User will be offered a consent form to the processing of personal data, as well as the possibility and method of withdrawing such consent).

4.10.2. Explicit consent – in case the User gives explicit consent to the processing of personal data provided (for example, by taking explicit and directed actions, including entering into a Contract).

4.10.3. Legitimate interests – in case of processing the User’s personal data to ensure a legitimate interest (for example, carrying out one’s own activities as defined by statutory documents, organizing and implementing projects/events, etc.).

4.10.4. Performance of an Agreement (Contract) – in case if the processing of the User’s personal data is necessary for the conclusion and/or performance of an Agreement (Contract) with the User.

4.10.5. Legal obligations – in case if the processing of the User’s personal data is necessary to comply with legal obligations established by law.

4.10.6. Public interests – the processing of personal data is necessary in connection with a significant public interest in accordance with the provisions of current legislation.

4.11. Depending on how the User interacts with the Website, the User’s personal data is processed in order to:

4.11.1. Conduct the sale of Products to the User and organize the delivery of these Products to the address specified by the User through delivery services. Without Information Data and Product Data, the Organization cannot complete the sale and organize the delivery of the Products selected by the User. Legal basis: performance of the Agreement (Contract). By performing actions aimed at purchasing the selected Products, the User thereby accepts the terms of the relevant Public Offer Contract, which serves as a form of agreement between the User and the Organization.

4.11.2. Prepare, organize, and conduct contests/events and/or promotions that the User registers for, is already registered for via the Website or participates in. The Organization uses Information Data, Participation Data, and Communication Data (in some cases, certain categories of data may not be used, and the use of such data depends on the specific contest) to enable the User to participate in contests/events and/or promotions. Legal basis: performance of a condition (Contract). Without the aforementioned data, the Organization cannot organize the User’s participation in contests/events and/or promotions. By participating in such contests/events and/or promotions, the User thereby accepts the rules of participation, which serves as a form of agreement between the User and the Organization.

4.11.3. Verify whether the User has effected payment for the Product. Without the Payment Data, the Organization would not be able to verify whether the User has effected the payment for the selected Product, and, as a result, the sale of the Product would be impossible. Legal basis: performance of the Agreement (Contract).

4.11.4. Register the User in the User’s/Buyer’s personal account on the Website for more convenient use of the Website and purchase of Products. Legal basis: consent.

4.11.5. Conduct information/advertising campaigns for the Website/Organization. The Organization anonymizes (anonymization refers to the removal of any identifiers and other data that could directly or indirectly identify the User) personal data and uses this data for conducting or improving information and advertising campaigns. Legal basis: legitimate interests. Conducting information/advertising campaigns is a legitimate interest of the Organization.

4.11.6. Carry out monitoring, review, and analysis of contests/events and/or promotions of the Organization or the effectiveness of the Website. The Organization uses Participation Data, Communication Data, Information Data, Review Data, and/or Discussion Data to monitor, review, and analyze how the Organization conducts its contests/events or promotions. Legal basis: legitimate interests. Monitoring, review, and analysis of the Organization’s contests/events and/or promotions is its legitimate interest.

4.11.7. Ensure effective communication and record-keeping (including correspondence) with the User. The Organization uses Communication Data to contact the User within the scope of using the Website, purchasing Goods, participating in contests/events and/or promotions, and in other cases where the situation may require it. Legal basis: if communication is carried out with the User outside the context of purchasing Products, participating in contests/events and/or promotions, or involves another individual contacting the Organization – legitimate interests are used (communication between the Organization and Users or other individuals is a legitimate interest of the Organization). If the communication is related to the purchase of Products or the User’s participation in contests/events and/or promotions, the legal basis is the performance of the Agreement (Contract).

4.11.8. Provide (send) marketing and/or informational/advertising materials to Users who have registered via the Website and/or given appropriate consent. Legal basis: consent.

4.11.9. Comply with the requirements of current legislation when receiving payment for Products (including for protection of public interests, combating fraud, legalization of illegally obtained funds, investigation of crimes, fulfillment of requests made by government authorities, etc.). Legal basis: legal obligations.

4.11.10. Manage, maintain (including ensuring technical functionality, providing technical support, and improving the Website) and configure the Website. Without the Automatically Collected Data and Website Usage Data, the Organization would be unable to provide the Website to the User. If the User blocks (using technical means) the provision of this data to the Website, the Website may either not function at all or function improperly Legal basis: legitimate interests. This basis is a legitimate interest of the Organization.

4.11.11. Process requests from personal data subjects. If the Organization receives a request from the User as a personal data subject, the personal data will be used to process this request. Legal basis: legal obligations.

4.11.12. Protect the Website. The Organization uses Automatically Collected Data, Website usage Data to protect the Website from digital threats, DDoS attacks, and cyber-attacks. Legal basis: legitimate interests. Protection of the Website is a legitimate interest of the Organization.

4.11.13. Analyze the performance of the Website and improve it. The Organization uses Communication Data, Review Data, Discussion Data, Automatically Collected Data, and Website Usage Data in order to analyze how the Website is used by its audience, and, using this data, improve the Website. Legal basis: legitimate interests. Analyzing the effectiveness of the Website and improving it are legitimate interests of the Organization.

4.11.14. Protect the Organization from fraud, dishonest activity, violation of its interests, or violation of the rules established by the Organization. This goal also includes verification of the information provided by the User using Third-Party Data. Legal basis: legitimate interests. This goal is a legitimate interest of the Organization.

4.11.15. Formulate, exercise, or defend legal claims. The Organization retains Participation Data, Information Data, Payment Data, Communication Data, and Third-Party Data for the duration of the statute of limitations to formulate, exercise, or defend legal claims. Legal basis: legitimate interests. Formulating, exercising, or defending legal claims are legitimate interests of the Organization.

4.12. Disclosure of the User’s personal data. Recipients of User data:

4.12.1. Partner companies of the Organization. In the context of the Organization’s activities, the User’s personal data may be disclosed to the Organization’s partner companies, including foreign partner companies. All such disclosures are protected by appropriate legal instruments, which oblige these recipients to process personal data in accordance with these regulations and ensure that personal data are not disclosed to third parties except when such disclosure is required by law.

4.12.2. IT service providers. The Organization may engage other companies (including foreign ones) that provide IT and administrative services, in particular hosting services, use of cloud services, and databases, to process the User’s personal data on behalf of the Organization (Controllers or Processors), for the purposes of ensuring technical functionality and proper operation of the Website, providing technical support, and maintaining the Website. Such companies may have access to the User’s personal data only if it is necessary to achieve the aforementioned goals and in accordance with the confidentiality agreements with these companies and may not use them for any other purposes.

4.12.3. Delivery services (postal services). The Organization may engage delivery services (including foreign ones) that provide packaging and shipping services to deliver Products to the address specified by the User solely for the purpose of delivering the purchased Products. Such companies may access the User’s personal data only if it is necessary for achieving the aforementioned goals.

4.12.4. Financial institutions (banks, payment services/tools). The Organization may engage financial institutions (including foreign ones) that provide financial and banking services, as well as payment services/tools to facilitate funds transfers (transactions) when the User effects payment for the Products. Should the User be redirected to the website/forms of such a financial institution (bank, payment service/tools) during a funds transfer, the User is required to familiarize himself/herself with that institution’s personal data processing policy. If the User provides personal data directly on the Website, these companies can access the User’s personal data solely if it is necessary for achieving the aforementioned goals and in accordance with the confidentiality agreements with these companies, and they are not authorized to use such data for any other purposes.

4.12.5. Analytics providers. The Organization uses the analytics tools of Google Analytics (Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA) and Cloudflare (Cloudflare, Inc. 101 Townsend St, San Francisco, CA 94107 USA). Data collected by Google and Cloudflare is transferred to the United States of America. Google LLC and Cloudflare, Inc. are certified under the EU-U.S. Privacy Shield Framework. This network safeguards the fundamental rights of individuals in the European Union whose personal data is transferred to the United States of America for commercial purposes. This certification enables the unrestricted transfer of data to companies that are certified in the United States under the Privacy Shield. For more detailed information about the Privacy Shield, the User should visit the Privacy Shield website of the U.S. Department of Commerce: https://www.privacyshield.gov/welcome/. If the User wishes to find out how Google and Cloudflare process his/her data, the User should familiarize himself/herself with the respective Privacy Policies available at: https://policies.google.com/privacy and https://www.cloudflare.com/privacypolicy. The Google Analytics opt-out browser add-on allows visitors and users to opt out of the collection and use of their data by Google Analytics. To install the Google Analytics opt-out browser add-on, the User must follow this link: https://tools.google.com/dlpage/gaoptout?hl=uk.

4.12.6. Government Authorities (of Ukraine, the European Union, or other countries). The Organization may process (including disclose and/or report) any personal data of the User if this is required by any Law of Ukraine or other regulatory legal acts or a confirmed lawful request from a government authority and/or local self-government body for the purpose of complying with Ukrainian laws requirements, protecting the integrity of the Website, fulfilling the requests from Users, government authorities and/or local self-government bodies, or assisting any investigation by law enforcement agencies or an investigation aimed at ensuring public (national) security. In certain cases, the Organization may provide the User’s personal data to the authorities of the European Union (both national and supranational) and the authorities of other states, if such provision of personal data is required by law or upon an official request from such an authority within the framework of a criminal investigation or judicial proceedings.

4.12.7. Other Users or individuals who have access to public chats, forums, and discussions on the Website. By using publicly available chats, forums, and discussions on the Website, the User acknowledges that any personal data he/she publishes in these chats, forums, and discussions will become available to other users of the global Internet.

4.13. Sending marketing, informational/advertising materials to the User.

4.13.1. From time to time, with the User’s prior consent, the Organization may send the User marketing, informational/advertising messages and materials regarding new (updated list of) Products, as well as contests/events and/or promotions of the Organization.

4.13.2. If the User does not consent to receive such materials, the Organization will not send such messages and/or materials to the User.

4.13.3. From time to time, with the User’s prior consent, the Organization may send marketing, informational/advertising materials on behalf of partner companies regarding Products and/or contests/events that are planned for sale/conduct and that may be of interest to the User.

4.13.4. If the User consents to receive marketing, informational/advertising materials from our partner companies, the Organization will not disclose (share) the User’s personal data to the partner companies, but will only send such materials to the User on behalf of the partner companies.

4.13.5. At the same time, the User gives consent/disagreement to receive marketing, informational/advertising materials and has the right to withdraw it in the future or to provide an appropriate objection to receiving them by contacting the Organization at the contacts specified in these rules in the corresponding section or using the interface of informational/advertising materials (the “unsubscribe” button, etc.).

4.14. Rights of the Website User regarding personal data.

4.14.1. Users of the Website who are citizens or residents of Ukraine or who are not located in the European Union (EU) or the European Economic Area (EEA) possess rights in accordance with Article 8 of the Law of Ukraine “On Personal Data Protection” (hereinafter – the “Law”). The User can familiarize himself/herself with these rights by accessing the current version of the Law at https://zakon.rada.gov.ua/laws/show/2297-17).

4.14.2. To exercise their rights under the Law (which may be exercised by the Organization), the User may submit a request to the Organization using the contact information specified in the relevant section of this document.

4.14.3. Users of the Website located in the EU or EEA have the following rights, which they can exercise by submitting a corresponding request to the Organization using the contact information specified in the relevant section of this document:

(a) Right to withdraw consent. If the User has given consent to the processing of personal data, the User has the right to withdraw this consent at any time. The Organization notes that the withdrawal of consent does not affect the legality of processing based on consent before its withdrawal.

b) Right of access. The User has the right to obtain from the Organization a confirmation as to whether his/her personal data is being processed: the User has the right to send us a request asking whether the Organization is processing his/her personal data. If the Organization is indeed processing the User’s personal data, the latter can receive a copy of all personal data being processed by the Organization except in cases where the provision of such data is restricted by law.

c) Right to rectification. The User has the right to obtain from the Organization, without any unreasonable delay, the rectification of inaccurate or no longer up-to-date data. If the personal data is incomplete or insufficient, the User has the right to have this data completed by submitting an additional application.

d) The right to erasure (“the right to be forgotten”). The User has the right to have personal data deleted due to at least one of the following circumstances:

• There is no longer a need for the personal data for the purposes for which it was collected or otherwise processed;
• The User has withdrawn consent to the processing of personal data;
• The User objects to the processing pursuant to the right to object to processing, and there are no overriding legal basis for the processing;
• The User raised an objection to the processing of personal data for direct marketing purposes;
• The processing of personal data is illegal;
• Personal data shall be erased to comply with a legal obligation binding upon the Organization.

The right to erasure does not apply in the following circumstances:

• The User’s personal data is necessary for exercising the right to freedom of expression and information;
• The User’s personal data shall be retained to comply with the obligation applicable to the Organization;
• The personal data is retained to formulate, exercise or defend legal claims;
• In other cases provided for by current legislation.

e) The right to object to processing. The User may object, on grounds relating to a specific situation, at any time to the processing of personal data carried out on the legal basis of the legitimate interests of the Organization or a third party. If this right is exercised, the Organization shall cease processing the personal data, unless the Organization demonstrates compelling legitimate grounds for the processing that prevail over the User’s interests and rights or for the formulation, exercise, or defense of legal claims.

f) Right to restrict processing. The User has the right to restrict processing. This means that personal data will be temporarily moved to another filing system (in fact, it will be “frozen” for the period during which the right to restriction is applied). The right to restrict processing may be exercised in the following circumstances:

• The accuracy of the personal data is contested by the User, during the period that allows the Organization to verify the accuracy of the personal data;
• The processing is unlawful and the User opposes the erasure (under the right to erasure) and instead requests to restrict the processing;
• The Organization no longer needs the User’s personal data for processing purposes, but it is required by the User to formulate, exercise or defend legal claims;
• The User objects to the processing under the right to object pending verification as to whether the legitimate grounds of the Organization prevail over the legitimate interests and rights of the User.

g) The right to data portability. The User has the right to receive the personal data he/she has previously provided in a structured, commonly used, and machine-readable, and has the right to transfer such data to another Controller (company, Organization, etc.). This right applies to personal data that:

• was collected under the following legal basis: consent/explicit consent and/or performance of an Agreement;
• was collected using automation tools.

h) The right to file a complaint with a supervisory authority. If the User believes that his\her personal data has been processed in violation of applicable law, he/she may file a complaint with a supervisory authority. This authority may include: a) (а) the Human Rights Commissioner of the Verkhovna Rada of Ukraine; or b) (б) for individuals residing in the EU/EEA – the supervisory authority in the EU/EEA member state at the User’s place of permanent residence or place of work. The User may also file complaints or legal claims with a court.

However, we kindly ask that you first contact the Organization directly using the provided contact information so we can promptly address and resolve any concerns you may have.

4.15. Protection of User’s personal data. The Organization takes all necessary technical, organizational, and administrative measures to ensure the secure processing of the User’s personal data in accordance with these Terms of Use and applicable legislation. Upon receiving the User’s personal data, the Organization commits to applying strict procedures and safeguards to prevent unauthorized third-party access to such personal data, in particular ensuring the secure transmission of personal data. The Organization uses appropriate encryption protocols.

4.16. Protection of Minor’s personal data. Consent to the processing of the Website User’s personal data is provided by a User who has reached the appropriate age and possesses the necessary legal capacity. Otherwise, such consent to the processing of personal data shall be given by the legal representatives of the User. The Organization uses all available technological and Organizational capabilities, as well as reasonable actions, to ensure that consent is given by a User who has reached the appropriate age and possesses the necessary legal capacity. If the legal representatives of the User contact us (in particular, make a request or demand) regarding the absence of consent and/or it is discovered that the User’s personal data was provided by an individual who should have received the appropriate consent of legal representatives, all personal data provided by such an individual will be immediately deleted by the Organization.

4.17. Personal data retention periods. The User’s personal data processed by the Organization will not be retained longer than permitted by applicable legislation and will be stored only as long as it is necessary to enable the User to purchase, exchange, and/or return Products, participate in contests/events and/or promotions, provide any requested services or information available on the Website, or for other purposes set forth in these Terms of Use.

4.18. Personal data storage location. The personal data collected by the Organization from the User may be transferred and stored outside of Ukraine. The transfer and storage of the User’s personal data is carried out in compliance with the provisions of these Terms of Use, current legislation, personal data protection requirements (including contractual obligations) as well as regional (local) legislation.

4.19. Cookies and their use. By using the Website, the User agrees that the Website uses cookies in accordance with these Terms of Use. Upon the User’s first visit to the Website, the User will see a pop-up notification regarding the use of cookies and will be prompted to provide appropriate consent to their use.

4.19.1. Cookies are text files that the Website sends to the User’s computer or other Internet-connected device solely to recognize the User’s computer/device, facilitate seamless navigation across various pages of the Website, save preferences, and generally enhance User experience.

4.19.2. Session cookies are automatically deleted when the User closes his/her browser, while persistent cookies remain on the User’s device even after the browser is closed (for example, to remember the User’s settings upon returning to the Website).

4.19.3. The Organization may use the following cookies:

• strictly necessary cookies (essential for navigating the Website and using its features);
• performance cookies (analytical cookies to analyze how visitors use the Website and monitor its performance);
• functionality cookies (used to provide the User with specific functionalities);
• targeting cookies (collect information about the User’s browsing habits on the Website pages related to the User’s device and are used to make advertising more relevant to the User and his/her interests);
• flash cookies (used to enhance the User’s interaction with the Website, for example, saving the User’s preferences and settings).

4.19.4. If the User does not consent to the use of cookies on the Website, the Organization recommends disabling them by following User’s browser instructions provided at http://allaboutcookies.org or immediately ceasing the use of the Website if disabling is impossible for any reason.

4.19.5. The Organization notes that some modes of using the Website and the services provided on the Website may function with certain deviations when cookies are disabled, or may not work at all.

4.20. Links to other websites/social networks (media platforms). The Organization may publish and display on the Website the links to websites/social networks (media platforms) that are not part of the Organization and/or its partner companies. If the User intends to use the these websites/social networks via such links, the User should familiarize himself/herself with their privacy policies and operational principles, in particular regarding the collection and processing of the User’s personal data. The Organization is not responsible for the policies and practices of other companies, and any information that the User provides to such companies is subject to their privacy policy or other documents governing the processing of personal data.

4.21. Amendments to this policy. These Terms of Use becomes effective on March 11, 2024. The Organization may make appropriate changes from time to time. In case of changes to these Terms of Use, the Organization will publish a new version on the Website. It is advisable for the Users to periodically review the page to familiarize themselves with the latest version of these Terms of Use. However, if changes are made to these Terms of Use, the Organization will publish a notice on the Website specifying the effective date of these changes. If the User continues to use the Website after the changes to these Terms of Use enter into effect, it will mean that the User has read, understood, and agrees with the new version of these Terms of Use.

4.22. Organization’s contact details:
NGO “ASSOCIATION NOOSPHERE”
103A Nauky Avenue, Dnipro
Phone No.: +380964530210
Email: [email protected]

Annex No.1
Purchase and Sale Contract
(Public Contract)

General Provisions.

1.1. This public purchase and sales contract governs the relationship between the User and NGO “ASSOCIATION NOOSPHERE” regarding entering into and performance of a Contract for the distance retail purchase and sale of the Products (hereinafter – the Contract) on the Website.

1.2. The terms listed below in this document shall have the following meanings:

1.2.1. Acceptance – the Buyer’s acceptance of the Seller’s Offer (proposal) to purchase the Products, the image and specifications of which are published on the Website, by placing an Order.

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

1.2.3. 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 necessary data in the Order (application) form, clicking on the “Pay” button on the Website; automatic redirection to the next payment page; performing actions intended to effect payment for the Product(s) under the Order.

1.2.4. Product – an item of trade (product, model, accessory, any other items of trade) that the Seller offers for purchase on the Website.

1.2.5. Online store – a platform for presenting and/or selling the Product(s) through electronic transactions. On this Website, the sections “All products,” “Clothing,”, “Accessories,” “Home & Comfort,” “Souvenirs & Stationery,” and “Exclusive” are intended for the retail sale of the Product(s) based on the Buyer’s familiarization with the key specifications and a 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 under the terms and according to the procedures set forth in this Contract. The Buyer undertakes to purchase the Product(s), to pay their price (cost) and accept it under the terms and according to the procedures set forth in this Contract.

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 Contract.

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

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 relevant page of the Website, as per 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.

3.2. 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 in accordance with the terms of this Contract;

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

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 an authorized representative of the delivery service

3.4. The Buyer has the right to:

3.4.1. Place an Order on the relevant page of the Website.

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

3.4.3. Be informed about potential additional fees that may apply 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 by adding the selected Product(s) 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. These prices include taxes as required by the current legislation of Ukraine. The cost of delivery and packaging by delivery services is not included in the price of the Product(s) and shall be paid separately by the Buyer.

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 Products added to the virtual cart.

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, a discount associated with a promo code can be used by the Buyer only once, and such promo code does not apply to the Product(s) whose price has already been reduced under the terms of the promotion (contests, raffle, etc.).

5.5. The Buyer shall pay for the Product(s) under the Order by effecting 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. 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).

Note: When the Buyer pays for the Order using a payment card, an additional fee may be charged by the card issuer (for example, Visa, MasterCard, etc.). By clicking the “I agree to the terms of the Public Offer” button in the relevant section of the Website, 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. When placing an Order, the Buyer has the option to choose one of the methods of delivery of the Product(s) offered by the Seller on the Website. By selecting specific method of delivery of the Product(s), the Buyer undertakes to pay the cost of delivery (as well as packaging, if necessary) specified at the time of placing the Order.

6.1.1. The delivery of the Order within Ukraine is carried out by the Seller through the “Nova Poshta” delivery service (at the Buyer’s expense) in accordance with the carrier’s terms and conditions.

6.2. When delivering the Product(s) by the delivery services, the Buyer fully and unconditionally agrees to the rules for transporting goods established by these delivery services.

6.3. 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).

6.4. The Buyer confirms the receipt of the Product(s) and the absence of claims regarding the quality of the Product(s), delivered by the delivery services, with his/her signature on the waybill and/or declaration of the delivery services, or on the delivery note upon receipt of the Product(s).

6.5. The Seller guarantees the dispatch of the Product(s) to the delivery service in the quantity specified and paid for by the Buyer, in the completeness specified in the Order and in proper (operational) condition and quality.

6.6. 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 for exchange/replacement of the Product(s).

6.7. The Buyer may clarify any issues arising during the receipt of the Product (s) using the Seller’s contact information.

7. Return of Product(s).

7.1. The return of Product(s) of improper quality (f such is detected) is carried out in accordance with the Law of Ukraine “On the Protection of Consumer Rights”. In this case, the Buyer shall contact the Seller to resolve the issues regarding the exchange/replacement of the Product(s) or reimbursement of the price of the Product(s).

7.2. In accordance with the Law of Ukraine “On the Protection of Consumer Rights,” the Buyer has the right to exchange Goods of proper quality within 14 (fourteen) days from the moment of receiving the delivery of the Product(s). The Buyer has the right to exchange the Product(s) subject to the provisions of the legislation regarding the grounds and the list of Products that is not subject to exchange (return).

7.3. If the Buyer intends to return the Product, such return shall be carried out in accordance with the information provided in the “Delivery and Return” section of the Website.

7.4. When exercising the right to return Product(s) of proper quality, the Buyer shall keep such Product(s) in its original condition. 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 send the Product(s).

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, and packaging integrity for both the Product itself and its components, it does not contain scratches, chips, wear, and it 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 Product(s).

7.5. The costs related to the return of Product(s) of improper quality shall be reimbursed by the Seller after receiving the Product(s) from the Buyer and establishing that the returned Product(s) has not been used and retains its marketable appearance, consumer properties, seals, labels, etc., as well as providing a document confirming payment for the Product(s) (or its copy).

7.6. The costs incurred when returning the Product(s) of proper quality shall be reimbursed by the Seller, specifically: the amount paid by the Buyer for the Product(s), after receiving the Product(s) from the Buyer and establishing that the returned Product(s) is of proper quality, along with providing a document confirming payment for the Product(s) (or its copy), within 10 (ten) business days from the moment of establishing the aforementioned facts. The fees charged by payment service/operator and/or bank issuing the Buyer’s payment card, as well as potential costs associated with delivery services, are non- refundable.

7.7. The refunds shall be made by transferring funds to the bank account from which the Buyer effected payment for the Product(s) during Order placement, 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.

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 due to different types and 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 control of the Seller.

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

8.2.5. The accuracy of data provided by the Buyer when placing the Order, the consequences of the Buyer’s failure to update such data in a timely manner, and the consequences of the third parties gaining access to the Buyer’s personal account.

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.

8.4. 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.

8.5. 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 that objectively make the performance of this Contract impossible.

8.6. In 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.

8.7. 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 resolved 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 corresponding type of Product.

9.2. Warranty service shall not be applied to the Product(s), if the rules of use/exploitation have been violated (if applicable to a specific type of Product(s), or if the Product(s) has been subjected to physical, mechanical, or thermal impact (including interference, repair, damage, etc.), exposure to water, dirt, sand, dust, damage caused by rodents, or if any 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 only 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 the current legislation of Ukraine.

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 and shall apply to Orders placed from the moment the corresponding amendments are published on the Website.

11.2. By placing an Order, the Buyer consents to the collection and processing of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” and the Website’s Terms of use.

12. Contact details.

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