We would like to draw your attention to the fact that the use of the Platform in any way (including the placement of your orders for Product using the Platform, the participation in newsletters, bonus programs, promotions, the filling in of applications, forms etc.) means that you are familiar with and agree to the terms of the Platform Use Policy. In case of your disagreement with the terms of present Policy, you must refrain from using the Platform.
The terms used in the present Platform Use Policy:
Administrator: the Administrator of the Platform (Biosphere Service Limited Liability Company), which is registered in Ukraine and is located at the following physical location address: 2 Marshala Malynovskoho Street, Tower 5-7, Office No. 6, Dnipro, Dnipropetrovsk region, 49127 (USREOU code: 39218616).
Seller: Vadym Valentynovych Podches, Private Entrepreneur, who is registered in Ukraine at the following physical location address: 11 Lavrukhina Street, Apartment No. 61, Kyiv, 02222 (USREOU code: 2975013670), and who directly accepts and implements the organization of the processing of purchase orders, the specification of the necessary data from the Buyer, the organization of delivery, the acceptance of payment, and the actual vending of the Product chosen by the Buyer with the help of the software complex implemented on the Platform in accordance with applicable requirements of the current legislation.
Buyer: a User who intends to purchase / purchases the Product about which the information is placed on the Platform and which are directly sold by the Seller.
Platform: a set of web pages that are thematically united into websites that can be accessed through the following domain names: novita.ua, smile.ua, smilebaby.ua. The Platform is a unified technical kernel which houses information and promotional materials that are thematically united into websites.
Website: the website, including any and all web pages, both together and separate, that can be accessed at novita.ua, smile.ua, smilebaby.ua, with the help of which the User has the opportunity to familiarize himself or herself with the composition, properties, conditions of use, the detailed information, and promotional offers for the Product, as well as to use the offer to purchase the Product.
Product: the product advertised by the Administrator on the Platform, which is offered for sale by the Seller, for which the price, the name, the description, characteristics, and the purchase availability status are indicated by the Seller.
Policy: the present Platform Use Policy.
User: an individual who uses the Platform and who has agreed to the Platform Use Policy and has fulfilled all of its terms, as well as a person that has completed the registration procedure on the Website.
1. General Provisions
1.1. The present Policy governs the User's access to the information on the Platform, the use of the Platform, and the ability to transfer the Product, as well as other terms and conditions.
1.2. The Platform is a collection of thematically united webpages that are hosted on the Internet by the Administrator for the purpose of mainstreamification, purchaser motivation, and promotion of the Product. The Administrator does not directly sell the Product through the Platform.
1.3. Product information available on the Platform is not an offer. With the help of the Platform, the User can use the opportunity to purchase the selected Product from the Seller. In this case, the Seller independently carries out the acceptance and the processing of orders from the Buyer with the help of the software complex implemented on the Platform. Upon becoming familiarized with the Product information, the Buyer shall be entitled to make an offer to the Seller by choosing the Product and indicating the necessary data. Completion of the specified form shall be deemed to constitute a Buyer's offer to the Seller for the purchase of the respective Product under the terms indicated in the form completed by the Buyer. Moreover, an unregistered User shall also be entitled to make Offer to the Seller; in this case, such a User must correctly enter all the necessary data into the "Ordering" form on the relevant Website. The Seller's Public Offer is posted on the Seller's Website at the following link: https://pampik.com/.
1.4. The terms of delivery of the Product are posted on the Seller's Website at the following link: https://pampik.com/helpcenter/delivery.
1.5. The terms of payment for the Product are posted on the Seller's Website at the following link: https://pampik.com/helpcenter/payment.
1.6. The Seller's terms of return and warranty obligations regarding the Product are posted on the Seller's Website at the following links: https://pampik.com/helpcenter/returns, https://pampik.com/helpcenter/guarantee.
1.7. The Administrator shall not be held liable for the actions of the Seller regarding the acceptance and the fulfillment of the terms of the Seller's Public Offer, the delivery of the Product, and the acceptance of payment. The Seller shall not be held liable for the actions of the Administrator regarding the placement of information on the Platform and the functioning of the Platform.
1.8. Information about the Product placed on the Website may be updated, amended, and supplemented by the Administrator at any time without prior notification of the User. The specified changes shall come into force after their publication on the Website.
2. User Registration on the Platform Website
2.1. In order to receive information and promotional messages from the Administrator, as well as to purchase the Product, the User shall have the right to register on the Platform Website. To do this, the User needs to complete the registration form. The Administrator reserves the right to reject any application for registration and / or to terminate any registration on the Platform.
2.2. When registering on the Platform, the User must indicate the information indicated as obligatory in full; furthermore, the User shall be held liable for the authenticity, the correctness, and the truthfulness of both obligatory and other information provided by the User.
2.3. By entering information into the registration form of the Website, as well as by executing an order for the purchase of the Product, the User / Buyer confirms to be familiar with the terms of present Policy and warrants that any and all actions that to be adopted by the User will not be in conflict with the terms of the present Policy.
2.4. The User understands and agrees that the registration on one of the Platform Websites constitutes the registration on the Platform and provides for the possibility of the use of such registration on any other Platform Website.
2.5. At any time after registering on the Platform Website, the User shall have the right to refuse such registration and to refuse to receive informational and advertising messages which may be sent by the Administrator.
2.6. Registration of the User on the Website provides for its use by the person who has performed such registration in accordance with the data specified in the registration form.
3. The Use of Websites
3.1. The User / Buyer shall agree and warrant not to take any actions that may be considered to breach the current legislation of Ukraine or international law (including the current legislation in the field of intellectual property, copyright, or related rights) nor any actions that cause or may lead to the violation of the regular operation of the Website, its services, and the Platform. Any and all trademarks and service marks shall belong to their legal copyright holders and may be used on the Website in accordance with applicable provisions of concluded agreements. Any and all use of such trademarks for Product or services (trademarks) unauthorized by the corresponding copyright holder shall be prohibited.
3.2. The User / Buyer shall not have the right to perform and shall be obligated to refrain from acts that directly or indirectly involve the use of information, graphic or / or text materials on the Website for commercial purposes without the written consent of its authors / copyright owners and the Administrator.
3.3. By accepting the present Policy, the User / Buyer confirms to be familiar and in agreement with the provisions hereof.
3.4. Comments, additional information, and other entries made by the User / Buyer on the Website shall not be in conflict with applicable requirements of the current legislation of Ukraine and with generally accepted norms of moral and morality.
3.5. The use of the materials of the Website without the Administrator's written consent shall not be permitted. When the materials of the Website are agreed upon, references to the Website shall be mandatory.
3.6. The administrator shall not be held liable for the performance of the equipment on which the Website is located, the availability of the Website, the operation of data transmission channels, and other technical means used by the Users to access the Website.
4. Use of Personal Data
4.1. The information indicated by the User in the registration form (the full name, the cellphone number, the email address, the mailing address etc.) when registering on the Website shall constitute the personal data of the corresponding User. Personal data provided by the User shall constitute confidential information; collection and subsequent processing of personal data shall be carried out by the Administrator in accordance with applicable provisions of the Law of Ukraine “On Protection of Personal Data” and other current legal instruments of Ukraine. The source of the collection of personal data shall be the information that is directly and voluntarily provided by the User.
4.2. By agreeing to the present Policy, the User shall voluntarily transfer the personal data specified at the time of registration to the Administrator for the purposes of registration of the corresponding User as a Platform User. The User shall furthermore agree to the use of his or her personal data with a view to receiving promotional and special offers, promotional information, drawings, other information on the activities of the Administrator, as well as transferring the above data to the Seller with a view to processing orders for the purchase of the Product.
4.3. The User shall authorize the Administrator to process the User’s personal data, inclusive of the following: the right to record personal data in the Administrator's database (without additional notification of the User thereof), to carry out life-long storage, accumulation, updating, and modification of data (if necessary).
4.4. The owner of the personal data provided by the User shall be the Administrator.
4.5. In case of modification of the User’s personal data, the corresponding User shall provide the Administrator with updated information by contacting the Administrator using the Feedback Form or at the telephone number placed on the Website. If the User fails to comply with the above requirement, the Administrator shall not be held liable for the adverse effects associated with the use of outdated data.
4.6. Upon registration or at any other time, the User shall have the right to restrict the use of his or her personal data by removing such personal data from the Administrator's database. This can be done by the User through contacting the Administrator with the use of the Feedback Form or the phone number placed on the Website. The User shall also have other rights specified in applicable provisions of Article 8 of the Law of Ukraine On Personal Data Protection.
4.7. The Administrator shall not accept the User's registration data in case of incorrect filling of the registration form or non-indication of the required data.
4.8. For the purposes specified in clause 4.2. hereof, the User shall authorize the Administrator to send any and all commercial and / or informational information, as well as information about other consumer offers, by email, SMS, and Viber messaging.
4.9. User data specified in the registration data shall be deemed confidential. Access to the data shall be solely provided to the authorized officers of the Administrator and to the User; in addition, such data may be provided to law enforcement and / or other bodies upon request filed in accordance with applicable provisions of the current legislation.
4.10. The User shall be held liable for the unreliability of the data registered in the Account.
5.1. Any and all rules and conditions aimed at the implementation / performance of individual actions / operations shall be placed in the relevant sections of the Website or on the Seller’s website.
5.2. The Administrator shall have the right to introduce changes to the text of the present Policy without additional notification. Such changes to the present Policy shall come into force after their publication and shall apply to any actions committed by the Users after the publication of the corresponding changes hereto.
5.3. The User shall be obligated to carefully review the corresponding Agreement. In case of disagreement with its terms, the User shall be obligated to immediately discontinue the use of the Website.
5.4. By registering on the Website, the User shall consent to the receipt of updated information, newsletters with the latest news, new receipts, special offers, and sales announcements via any means of communication, including email, SMS etc.
5.5. If the User wishes to unsubscribe from communications concerning the present Policy, the User shall contact the Administrator using the Feedback Form or at the telephone number placed on the Website or at the email address indicated on the Website with a request to unsubscribe from the mailing list or by canceling the mailing directly by the link contained in the email message. The request will be executed within 24 hours from the moment of its receipt.
5.6. The Administrator shall reserve the right to block the User / Buyer (to deprive the latter of the possibility to order and purchase the Product and to use the Website using the User’s registration data), to file relevant claims with law enforcement agencies, and to pass on the data of such User / Buyer if any actions of the corresponding User / Buyer contain signs of fraud in the opinion of the Administrator and may harm the interests of other Users / Buyers or third parties.
5.7. Invalidation of any provision of the present Policy by the court or as a result of the action of any regulation shall not invalidate other provisions of the present Policy.