Terms of Service
1. General Provisions
1.1. This Agreement, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, is a public contract (offer) and constitutes an official and public proposal by the Seller addressed to an indefinite group of persons, regardless of their status (natural person, legal entity, individual entrepreneur), to enter into a contract of sale for the Goods presented on the website joy-nutrition.com.ua.
1.2. By entering into this Agreement, the Buyer fully accepts the terms and conditions set forth herein.
1.3. In accordance with Article 642 of the Civil Code of Ukraine, the Buyer’s placement of a corresponding order on the online store’s website constitutes full and unconditional acceptance of the offer to enter into this Agreement (acceptance), thereby confirming the conclusion of the Agreement under the terms set forth herein.
1.4. The Seller has the right, unilaterally, to amend the terms of this Agreement at any time. The amended Agreement becomes effective upon its publication on the Website.
1.5. In this Agreement, the following terms have the following meanings:
“Online Store” – the Seller’s website created for the conclusion of retail and wholesale purchase and sale Agreements for the Goods via distance selling, after the Buyer has reviewed the Seller’s offered Goods based on the images posted on the website joy-nutrition.com.ua.
“Administrator” – The owner and administrator managing the website joy-nutrition.com.ua and the owner of the “Feel The JOY nutrition” trademark is LLC “JOY NUTRITION,” EDRPOU code 45894507, a legal entity registered and operating in accordance with the requirements of Ukrainian law.
“Seller” – Individual entrepreneur Dmytro Serhiyovych Kartsygin, who sells goods on the joy-nutrition.com.ua website.
“Goods” – Products offered for sale and posted on the joy-nutrition.com.ua website, which are the subject of the sale and purchase under this Agreement.
“Buyer” – a legally competent individual who has reached the age of 18, or a legal entity, or an individual entrepreneur who places an order on the website joy-nutrition.com.ua.
“Acceptance” – the Buyer’s full, unconditional, and unreserved acceptance of the terms of this Agreement.
“Order” – individual items from the range of Products offered by the Seller, selected and specified by the Buyer when placing an order on the website joy-nutrition.com.ua.
2. Subject Matter of the Agreement
2.1. In accordance with the procedures and terms set forth in this Agreement, the Seller agrees to transfer ownership of the Goods ordered by the Buyer to the Buyer, and the Buyer agrees to pay for and accept the relevant Goods.
2.2. The moment (date) of conclusion of this Agreement (acceptance) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Agreement shall be deemed to be the moment (date) when the Buyer places the relevant order on the online store’s website.
3. Order Placement Procedure
3.1. The Buyer places an order independently in the Online Store via the “Cart” form or, in the case of wholesale orders, by placing an order via email or by calling the phone number listed in the Online Store’s contact section.
3.2. The Buyer has the right to place an order for any Product presented in the Online Store and marked as “in stock” on the date the order is placed.
3.3. When placing an order on the online store’s website, the Buyer agrees to provide the following mandatory information required by the Seller to fulfill the order:
3.3.1. the last name and first name of the Buyer or the Buyer’s authorized representative;
3.3.2. the number and address of the branch/parcel locker of the delivery service “Nova Poshta” LLC (or another delivery service, if such is offered by the Seller on the Online Store’s website in the “Payment and Delivery” section and in the “Cart” form), to which the Goods are to be delivered;
3.3.3. the Buyer’s contact phone number and email address.
3.3.4. Identification code for a legal entity or individual entrepreneur.
3.4. The name, quantity, item number, and price of the Goods selected by the Buyer are indicated in the Buyer’s shopping cart on the Online Store’s website.
3.5. If the Product is out of stock, the Seller is obligated to notify the Buyer via the last contact phone number provided or by email.
3.6. If the Product is out of stock, the Buyer has the right to replace it with a similar Product, refuse this Product, or cancel the order.
3.7. The Seller has the right to refuse to fulfill the order for the Buyer if the information provided by the Buyer during the ordering process is incomplete or raises suspicion regarding its validity.
3.8. If the Seller requires additional information, they have the right to request it from the Buyer. If the Buyer fails to provide the necessary information, the Seller shall not be liable for providing quality service to the Buyer when purchasing the Product from the online store.
3.9. When placing an order through the Seller’s manager and for wholesale orders (Section 3.1 of this Agreement), the Buyer agrees to provide the information specified in Sections 3.3–3.4 of this Agreement. When placing wholesale orders, the Seller, to ensure the fulfillment of the order, has the right to request from the Buyer additional information not specified in and/or different from clauses 3.3–3.4 of this Agreement.
3.10. Orders for Goods under this Agreement are accepted during the Seller’s business hours, as specified on the website joy-nutrition.com.ua.
3.11. If the order has been fully placed and paid for by the Buyer, the Seller shall ship the Goods via the delivery service agreed upon by the Parties at the time of ordering (selected by the Buyer from the options offered by the Seller on the Online Store’s website in the “Payment and Delivery” section and in the “Cart” form, and confirmed by the Seller) within 24 hours of receiving the corresponding payment.
3.12. The Buyer’s acceptance of the terms of this Agreement is effected by the Buyer entering the relevant data into the registration form on the Online Store’s website or when placing an Order through the Seller’s manager. After placing an Order through the Seller’s manager, the Buyer’s data is entered into the Seller’s database.
3.13. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.14. By entering into this Agreement, i.e., by accepting the terms of this Agreement (the proposed terms of purchase of the Goods) through the placement of an Order, the Buyer confirms the following:
3.14.1. The Buyer is fully and completely familiar with, and fully and unconditionally agrees to, the terms of this Agreement (offer);
3.14.2. The Buyer hereby expressly consents to the Seller’s collection, processing, and transfer, by any means and in any manner, of all the Buyer’s personal data that becomes known to the Seller in the course of entering into and performing the terms of this Agreement. Consent to the processing of personal data remains in effect for the entire duration of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into this Agreement, the Buyer confirms that they have been informed (without additional notice) of the rights established by personal data protection legislation, the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, certificates, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer the Buyer’s personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a data subject under personal data protection laws is known and understood by the Buyer.
4. Price, Payment, Delivery, and Return of the Product
4.1. The price of the Product is determined by the Seller independently and is listed on the online store’s website. All prices for the Product are listed on the website in hryvnias and are valid at the time the order is placed.
4.2. The price of the Goods may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Goods, the cost of which has already been paid in full by the Buyer, cannot be changed by the Seller unilaterally.
4.3. The cost of the Product listed on the Online Store’s website does not include the cost of shipping the Product to the Buyer. The Buyer pays for the cost of shipping the Product in accordance with the current rates of the delivery service.
4.4. The total price of the Buyer’s order (the Contract price) is determined based on the cost of the Goods ordered by the Buyer and is indicated on the Online Store’s website in the “Cart” section.
4.5. The Buyer pays for the Goods under the Contract by transferring funds to the Seller’s bank account. The date of payment is considered to be the day the funds are credited to the Seller’s account.
4.6. The Buyer shall pay additional fees for the services of payment systems, terminals, and banks used by the Buyer to pay for the order.
4.7. A notification of payment for the order is sent to the Buyer at the email address provided when placing the order.
4.8. Payment for the Goods is made by the Buyer using the methods specified on the Online Store’s website in the “Payment and Delivery” section.
4.9. Delivery of the Goods ordered and paid for by the Buyer is carried out as agreed by the Parties at the time of ordering (selected by the Buyer from the options offered by the Seller on the Online Store’s website in the “Payment and Delivery” section and in the “Cart” form, and confirmed by the Seller) to the address, delivery service branch/parcel locker where the Buyer will receive the Goods.
4.10. Upon receipt of the Goods, the Buyer must, in the presence of a representative of the delivery service (carrier), verify that the Goods comply with the qualitative and quantitative characteristics (product name, quantity, completeness, expiration date). Along with the Goods, the Buyer is provided with documents in accordance with the legislation of Ukraine.
4.11. By accepting the Goods, the Buyer or their representative confirms that they have no complaints regarding the quantity, appearance, expiration date, or completeness of the Goods.
4.12. Title to the Goods and the risk of accidental loss or damage to the Goods shall pass to the Buyer or their Representative upon the Seller’s transfer of the Goods to the delivery service (carrier) selected by the Buyer.
4.13. The Buyer has the right to return non-food goods of good quality to the Seller if the goods do not satisfy the Buyer in terms of shape, dimensions, style, color, size, or for other reasons cannot be used by the Buyer for their intended purpose. The Buyer has the right to return goods of good quality within 14 (fourteen) days, excluding the day of purchase. After the expiration of 14 (fourteen) days, the Seller decides whether to accept the return of the Goods at its discretion. A return of goods of proper quality is accepted if the goods have not been used and if their marketable appearance, consumer properties, packaging, seals, and labels, as well as the payment document issued to the Buyer for payment of the goods, have been preserved. The list of goods that are not subject to return on the grounds provided for in this clause is approved by the Cabinet of Ministers of Ukraine.
4.14. The cost of the Goods shall be refunded via bank transfer to the Buyer’s account from which payment for the Goods was made. Funds for the returned Goods shall be transferred by the Seller no later than 10 days from the date of receipt of such Goods by the Seller, provided that the requirements set forth in Section 4.13 of this Agreement and the applicable laws of Ukraine are met.
4.15. The return of Goods of proper quality to the Seller’s address shall be at the Buyer’s expense, and the Seller shall not reimburse the Buyer for such costs.
4.16. Claims under the Law of Ukraine “On Consumer Protection” shall be considered by the Seller provided that the Buyer submits the documents required by the applicable laws of Ukraine. The Seller shall not be liable for defects in the Goods that arose after their transfer to the Buyer as a result of the Buyer’s violation of the rules for use or storage of the Goods, the actions of third parties, or force majeure.
4.17. The Buyer has no right to refuse a product of proper quality that has individually specified properties if said product can be used exclusively by the Buyer who purchased it (including, at the Buyer’s request, non-standard sizes, specifications, appearance, configuration, and other features). Confirmation that the Goods have individually specified characteristics is the difference in the Goods’ dimensions and other characteristics specified in the online store.
4.18. Returns of the Goods, in cases provided for by law and this Agreement, shall be made to the address specified on the website in the “Contacts” section.
5. Rights and Obligations of the Parties
5.1. The Seller is obligated to:
5.1.1. Deliver the Goods to the Buyer in accordance with the terms of this Agreement and the Buyer’s order.
5.2. The Seller has the right to:
5.2.1 Unilaterally amend the terms of this Agreement, as well as the prices of the Goods, by posting them on the Online Store’s website. All amendments take effect upon their publication on the Online Store’s website.
5.2.2. Unilaterally suspend the provision of services under this Agreement in the event of a breach by the Buyer of the terms of this Agreement.
5.3 The Buyer agrees to:
5.3.1. Prior to entering into the Agreement, review the content of the Agreement, the terms of the Agreement, and the prices offered by the Seller on the Online Store’s website.
5.3.2. To enable the Seller to fulfill its obligations to the Buyer, the Buyer must provide all necessary information that uniquely identifies the Buyer and is sufficient for the delivery of the ordered Goods to the Buyer.
5.3.3. Pay the cost of the order in a timely manner and in full in accordance with the terms of this Agreement.
5.4. The Buyer has the right to:
5.4.1. Place an order for the Goods offered by the Seller on the online store’s website, in the manner specified in this Agreement.
5.4.2. Accept the offer to enter into this Agreement and require the Seller to fulfill its terms and conditions.
6. Liability of the Parties
6.1. The Parties shall be liable for any failure to perform or improper performance of the terms of this Agreement in accordance with the applicable laws of Ukraine and the provisions of this Agreement.
6.2. The Buyer is responsible for keeping their personal data up to date. The Seller shall not be liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information when placing Orders. The Administrator shall not be liable for the content and accuracy of the information provided by the Buyer while using the Website.
6.3. The Seller shall not be liable for delays in order fulfillment if such delays occurred for reasons beyond the Seller’s control.
6.4. The Seller shall not be liable for any discrepancy between the appearance of the Product as depicted on the online store’s website and the actual Product, in the event of changes made by the manufacturer, nor for minor discrepancies in the Product’s color scheme, which may differ from the original Product solely due to variations in color reproduction on the monitors of specific personal computer models.
6.5. The Seller shall not be liable for the Buyer’s improper use or storage of goods ordered on the joy-nutrition.com.ua website.
6.6. The Parties shall be exempt from liability for the full or partial failure to perform their obligations under this Agreement if such failure results from the occurrence of extraordinary and unavoidable circumstances that are objectively beyond their control (force majeure circumstances), such as: war or military actions, threat of war, armed conflict or a serious threat of such a conflict, including but not limited to hostile attacks, blockades, military embargoes, actions by a foreign enemy, general military mobilization, military operations, declared and undeclared war, actions by a public enemy, riots, acts of terrorism, sabotage, piracy, unrest, invasion, revolution, insurrection, uprising, mass riots, imposition of a curfew or quarantine as established by the Cabinet of Ministers of Ukraine, actions or decisions of state authorities or local self-government bodies, expropriation, compulsory seizure, seizure of enterprises, requisition, public demonstration, strike, accidents, unlawful acts of third parties, fires, explosions, prolonged interruptions in transportation services as regulated by the terms of relevant decisions and acts of competent authorities, closure of sea straits, embargoes, bans (restrictions) on exports/imports, etc., prohibitive acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Antimonopoly Committee of Ukraine, the National Bank of Ukraine, or local government bodies (the term “prohibitive acts” is understood to mean a law or regulatory document that prevents the Parties from fulfilling their obligations under this Agreement), as well as those caused by exceptional weather conditions and natural disasters, namely: epidemics, severe storms, cyclones, hurricanes/storms, tornadoes, floods, snow accumulation, ice storms, hail, frost, freezing of the sea, straits, ports, mountain passes, earthquakes, lightning, fires, droughts, ground subsidence and landslides, other natural disasters, etc., provided that such an event affects the proper performance of obligations under this Agreement but did not exist at the time of this Agreement’s conclusion (hereinafter referred to as “Force Majeure”). The occurrence and effect of force majeure circumstances must be duly confirmed by the Ukrainian Chamber of Commerce and Industry or another competent authority in accordance with the current legislation of Ukraine.
6.7. The Party for which it has become impossible to fulfill its obligations under this Agreement due to Force Majeure circumstances and/or their consequences shall be obligated to notify the other Party of the occurrence of the aforementioned circumstances in writing in accordance with the terms of the Agreement immediately, and no later than 10 business days from the time of their occurrence, to substantiate their existence with a certified certificate (or other relevant document provided for by the current legislation of Ukraine) issued by the Ukrainian Chamber of Commerce and Industry (or another competent authority in accordance with the current legislation of Ukraine). Failure to provide timely notice of Force Majeure deprives the relevant party of the right to invoke it in the future and does not relieve it of liability under this Agreement.
6.8. In the event of Force Majeure, the term for fulfilling obligations under this Agreement shall be extended in proportion to the duration of such circumstances and/or their consequences. Upon the cessation of such circumstances and/or their consequences, the Party that declared their occurrence shall, within 5 (five) business days, notify the other Party in writing of the cessation of the force majeure circumstances and the resumption of contractual relations between the Parties. The Agreement and the Parties’ obligations thereunder shall be deemed to have been reinstated as of the date the other Party receives notice of the cessation of the force majeure circumstances.
6.9. If Force Majeure circumstances and/or their consequences persist for more than 30 (thirty) calendar days, either Party shall have the right to unilaterally terminate this Agreement by sending a written notice to the other Party. The Agreement shall be deemed terminated as of the date the other Party receives such notice.
7. Terms of Confidentiality and Personal Data Protection
7.1. By providing their personal data on the Online Store’s website during registration or when placing an Order, the Buyer grants the Administrator and the Seller (hereinafter referred to as the “Controllers”) their voluntary consent to the processing, use (including the transfer) of their personal data, in particular to store personal data in the Administrator’s databases (without additional notice thereof), to store the data indefinitely, and to accumulate, update, and modify it (as necessary). The Administrator undertakes to ensure the protection of data from unauthorized access by third parties, not to disclose or transfer data to any third party (except for the transfer of data in accordance with Section 7.3.), as well as to perform other actions provided for by the legislation on the protection of personal data, without limiting the term of such consent.
7.2. The Administrators respect the confidential (personal) information of the Website’s users, and therefore strive to protect the confidentiality of personal data (information or a set of information about an individual who is identified or can be specifically identified), thereby creating and ensuring the most comfortable conditions for using the Site for every user.
7.3. The Administrators undertake not to disclose information received from the Buyer. It shall not be considered a violation for the Seller to provide information to counterparties and third parties acting under a contract with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where the disclosure of such information is required by the applicable laws of Ukraine.
7.4. Administrators collect only those personal data that are provided by the Buyer knowingly and voluntarily for the purpose of using the Site’s services.
7.5. The Administrators collect and use the personal data of the Website’s users for the administration and personalization of the Website’s services, to ensure the fulfillment of the Buyer’s orders under this Agreement, and for other purposes in accordance with this Agreement and the applicable laws of Ukraine.
8. Other Terms
8.1. This Agreement is deemed concluded upon receipt by the party that sent the proposal to enter into the Agreement (offer) of a response accepting such proposal (acceptance) in accordance with the procedure set forth in this Agreement and the applicable laws of Ukraine.
8.2. All disputes arising between the Parties shall be resolved through negotiations. If a resolution to the disputed issue cannot be reached through negotiations, the Parties have the right to refer the dispute to the courts in accordance with the applicable laws of Ukraine.
8.3. Amendments to this Agreement may be made by mutual consent of the Parties in accordance with the procedure provided for by the applicable laws of Ukraine.
8.4. In the event that any provision of this Agreement becomes invalid, all other provisions shall remain in force, and the Agreement shall continue to be effective, but without the provision that has become invalid.