Under this Agreement, on the one hand, the Seller, and any person who has accepted the terms of this Public Offer Agreement—the Buyer—on the other hand, hereinafter collectively referred to as the “Parties,” have entered into this Public Offer Agreement (hereinafter the “Agreement”), which is addressed to an unlimited number of persons and constitutes the Seller’s official public offer to enter into a contract of sale with Buyers for the Goods, photographs of which are posted in the relevant section of the Website https://healthychoice.ua/.
Sellers intending to sell Goods through the Website https://healthychoice.ua/ and Buyers purchasing Goods, images of which are posted on the relevant pages of https://healthychoice.ua/, accept the terms of this Agreement as follows.
General Provisions
1.1. The contractual relationship between the seller and the buyer is established in the form of a Public Offer Agreement. Clicking the “ORDER” button in the relevant section of the https://healthychoice.ua/ website means that the Buyer, regardless of their status (individual, legal entity, or individual entrepreneur), in accordance with applicable international and Ukrainian law, has agreed to comply with the terms of the Public Offer Agreement set forth below.
1.2. The Public Offer Agreement is public; that is, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all Buyers, regardless of their status (individual, legal entity, or individual entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the terms and procedures for placing an order, payment, and delivery of goods by the Seller, as well as liability for fraudulent orders and for failure to comply with the terms of this Agreement.
1.3. This Agreement enters into force upon clicking the “ORDER” button, by which the Buyer agrees to purchase the Goods available from the Seller, and remains in effect until the Buyer receives the Goods from the Seller and has paid the Seller in full.
1.4. To govern the contractual legal relations under this Agreement, the Parties shall choose and, if necessary, apply Ukrainian law. If an international treaty, the binding nature of which has been ratified by the Verkhovna Rada of Ukraine, establishes rules other than those set forth in Ukrainian law, the rules of the international treaty shall apply.
Terms and Definitions
“Public Offer Agreement”—a public agreement, a sample of which is posted on the Website https://healthychoice.ua/ and the use of which is mandatory for all Sellers; it contains the Seller’s offer to purchase the Product, an image of which is posted on the Website https://healthychoice.ua/, directed at an indefinite group of persons, including Buyers
.”“Acceptance”—the Buyer’s acceptance of the Seller’s offer to purchase the Product, an image of which is posted on the Website https://healthychoice.ua/, by adding it to the virtual shopping cart and submitting an Order
.“Product” means a commercial item (product, model, accessory, components, and related items, or any other commercial item) for which the Seller’s offer to purchase is posted on the Website https://healthychoice.ua/
.“Buyer” – any legally competent individual, legal entity, or individual entrepreneur, in accordance with applicable international and Ukrainian law, who has visited the Website https://healthychoice.ua/ and intends to purchase a particular Product.
“Seller” means any legally capable individual, legal entity, or individual entrepreneur, in accordance with applicable international and Ukrainian law, who are the owners or distributors of the Product and intend to sell it through the Website https://healthychoice.ua/
.““Order”—a Buyer’s request to purchase Products, duly completed and submitted via the Website https://healthychoice.ua/ to the Seller
.”“Legislation” – the rules established by Ukrainian or international law governing contractual legal relations under the Contract
.“Material Defect in the Goods”—a defect that renders the use of the Goods for their intended purpose impossible or unacceptable, arose due to the fault of the manufacturer (Seller), and, after being remedied, reoccurs for reasons beyond the consumer’s control.
Subject Matter of the Agreement
3.1. The Seller agrees, under the terms and in the manner specified in this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Website https://healthychoice.ua/, and the Buyer undertakes, under the terms and in the manner specified in this Agreement, to purchase the Goods and pay for them.
3.2. The Seller warrants that the Goods have not been pledged as collateral, are not the subject of any dispute, are not under seizure, and are not encumbered by any third-party rights.
3.3. The Seller and the Buyer confirm that this Agreement is not a fictitious or sham agreement, nor is it an agreement entered into under duress or fraud.
3.4. The Seller confirms that it holds all necessary permits to conduct business activities governing the legal relationships arising from and in effect during the performance of this Agreement, and further warrants that it has the right to manufacture and/or sell the Goods without anyrestrictions, in accordance with the requirements of the current legislation of Ukraine, and undertakes to be liable in the event of a violation of the Buyer’s rights during the performance of this Agreement and the sale of the Goods.
Rights and Obligations of the Seller
4.1. The Seller is obligated to:
comply with the terms of this Agreement
fulfill the Buyer’s order upon receipt of payment from the Buyer;
deliver the Goods to the Buyer in accordance with the sample selected on the relevant page of the Website https://healthychoice.ua/, the completed order, and the terms of this Agreement;
verify the quality and quantity of the Goods during their packaging at the warehouse;
notify the Buyer of any possible additional fees when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, or Maestro by including this information in this Agreement.
4.2. The Seller has the right to:
unilaterally terminate the provision of services under this Agreement in the event of a breach by the Buyer of the terms of this Agreement.
4.3. Seller:
A business entity among those offering Goods for purchase on the website https://healthychoice.ua/ in accordance with the uniform, agreed-upon rules set forth in this public offer agreement. *
Rights and Obligations of the Buyer
5.1. The Buyer is obligated to:
pay for and receive the order in a timely manner in accordance with the terms of this Agreement;
review the product information posted on the Website https://healthychoice.ua/
upon receipt of the Product from the person who delivered it, verify the integrity and completeness of the Product by inspecting the contents of the package. In the event of damage or an incomplete shipment, document such issues in a report, which must be signed by both the Buyer and the person who delivered the Goods to the Buyer.
5.2. The Buyer has the right to:
place an order on the relevant page of the Website https://healthychoice.ua/
require the Seller to comply with the terms of this Agreement;
be informed of any possible additional fees when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, or Maestro.
Order Placement Procedure
6.1. The Buyer places an order independently on the relevant page of the Website https://healthychoice.ua/ by adding Products to the virtual shopping cart by clicking the “Add to Cart!” button, or by placing an order via email or by calling the phone number listed in the “Contacts” section of the Website https://healthychoice.ua/.
6.2. The order processing time is up to 2 business days from the time the order is placed. If an order is placed on a weekend or holiday, the processing period begins on the first business day following the weekend or holiday.
Contract Price and Payment Terms
7.1. The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Website https://healthychoice.ua/. The total price of the Contract is calculated by adding the prices of all selected Products placed in the shopping cart and the shipping cost, which is determined based on the shipping method in accordance with the terms of Section 8 of this Contract.
7.2. The cost of the Order may vary depending on the price, quantity, or product range.
7.3. The Buyer may pay for the order using the following methods:
1) via bank transfer to the Seller’s checking account specified in the invoice, including via online banking (the Buyer must pay for the order within three days of receiving the invoice in the amount of 100% prepayment).
2) cash on delivery upon receipt of the order at a delivery service office within Ukraine or in another country, depending on where the order was placed.
3) With the following types of credit cards:
Visa
Visa Electron
Mastercard
Mastercard Electronic
Maestro
4) By any other method as agreed with the Seller.
Note. When the Buyer pays for an order with a payment card, an additional fee may be charged by the card issuer; in particular, when the Buyer pays for an order with a payment card, an additional fee may be charged by the issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, or Maestro. Clicking the “ORDER” button on the Website page https://healthychoice.ua/ in the relevant section, this indicates that the Seller has informed the Buyer of the possibility of an additional fee being charged when the Buyer pays for European orders using a Visa, Mastercard, Visa Electron, Mastercard Electronic, or Maestro card.
Terms of Delivery
8.1 The Buyer receives the Goods via delivery or picks them up in person. The payment and pickup procedures are specified on the relevant page of the Website https://healthychoice.ua/.
8.2. When Goods are delivered to other cities in Ukraine or to another country by other delivery services (hereinafter “Carrier Companies”), the Buyer fully and unconditionally agrees to the Rules for the Carriage of Goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of any claims regarding the quality of the Goods delivered by the carrier companies shall be confirmed by the Buyer’s signature on the waybill, the carrier’s declaration, or the delivery receipt upon receipt of the Goods. For its part, the Seller guarantees shipment of the Goods to the carrier in the quantity specified and paid for by the Buyer, complete in accordance with the specifications of such Goods, and in proper (operational) condition and quality.
8.4. If the Buyer is not present at the delivery address specified by the Buyer in the order, or if the Buyer refuses to accept the Goods for unjustified reasons upon delivery by the carrier’s courier, the Goods shall be returned to the shipping distribution center. The fee for the carrier’s services will be deducted from the amount paid by the Buyer for the Product. The remaining amount will be refunded to the Buyer upon receipt of an email from the Buyer specifying the bank account to which the funds should be returned.
The Buyer may resolve any issues arising during the payment and receipt of the Goods by using the contact information provided in the “Contacts” section.
Return Policy
9.1. In accordance with Article 9 of the Law of Ukraine “On the Protection of Consumer Rights,” the Buyer has the right to exchange Goods of proper quality within fourteen days, excluding the day of purchase, unless a longer period is specified by the Seller. The Buyer has the right to exchange the Goods subject to the provisions of the law regarding the grounds for exchange and the list of Goods that are not subject to exchange (return).
9.2. If the Buyer intends to return the Product, such a return shall be carried out in accordance with the “Returns” section of the Website, subject to the rules and conditions of the carrier or courier in effect in Ukraine or in another country, depending on the location where the Product was received.
9.3. If at least one of the listed defects is present, the Buyer is required to document it in a written report in any format. The report must be signed by the Buyer and the person who delivered the Goods or by the Seller. If possible, the defects should be documented through photographs or video recordings. Within 1 (one) day, the Buyer is required to notify the manager (the Seller’s representative responsible for processing the order for the Goods) of the identified defects and arrange for the replacement of the Goods by filling out the return claim form on the website https://healthychoice.ua/.
9.4. The parties agree that if the mandatory requirements of the specified procedure are not followed,
the Buyer is deemed to have received the Goods in proper condition—without any mechanical damage and complete in all parts.
Liability of the Parties and Dispute Resolution
10.1. The Parties shall be liable for non-performance or improper performance of the terms of this Agreement in accordance with the procedures set forth in this Agreement and applicable international and Ukrainian law.
10.2. In the event of disputes arising from the Parties’ performance of this Agreement, with the exception of disputes regarding the collection of debts from the Buyer, the Parties agree to resolve such disputes through negotiations in accordance with the claims procedure. The deadline for reviewing a claim is 7 (seven) calendar days from the date of its receipt. Compliance with the claims procedure is not required for disputes related to the collection of debts from the Buyer.
10.3. All disputes, disagreements, or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination, or invalidity, shall be resolved in the competent court in accordance with international and Ukrainian substantive and procedural law.
Force Majeure
11.1. The parties shall not be liable for failure to perform any of their obligations, except for payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are genuinely beyond the control of such a party, that arose after the conclusion of this Agreement, and that are of an unforeseeable and unavoidable nature.
Force majeure events include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (whether declared or undeclared), riots, loss of goods, carrier delays caused by accidents or adverse weather conditions, perils and accidents at sea, embargoes, disasters, and restrictions imposed by government authorities (including rationing, priorities, official requirements, quotas, and price controls), provided that such circumstances have directly affected the performance of this Agreement.
11.2. The Party for which it has become impossible to fulfill its obligations under this Agreement due to the occurrence of force majeure circumstances must immediately notify the other Party in writing of the occurrence of the aforementioned circumstances and, within 30 (thirty) calendar days provide the other Party with confirmation of the force majeure circumstances. Such confirmation shall consist of a certificate, attestation, or other relevant document issued by an authorized government agency located at the place where the force majeure circumstances occurred.
11.3. The time required for the Parties to fulfill their obligations under this Agreement shall be extended by the period during which performance was delayed due to the circumstances listed above.
11.4. If, due to force majeure, the failure to perform obligations under this Agreement continues for more than three months, either Party shall have the right to terminate this Agreement unilaterally by notifying the other Party in writing. Notwithstanding the occurrence of force majeure, the Parties shall settle all outstanding accounts prior to the termination of this Agreement due to force majeure.
Other Terms of the Agreement
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of fulfilling their Order (sending a notification to the Seller regarding the order of the Goods, sending promotional messages, etc.).
12.2. By accepting this Agreement or registering on the website https://healthychoice.ua/ (filling out the registration form), the Buyer voluntarily consents to the collection and processing of their personal data for the following purposes: the data collected will be used for commercial purposes, including to process orders for the purchase of goods, receive information about orders, and send, via telecommunications means (via email or mobile phone) of advertisements and special offers, information about promotions, sweepstakes, or any other information regarding the activities of the Website https://healthychoice.ua/.
For the purposes set forth in this section, the Buyer may receive letters, notifications, and materials sent to the Buyer’s mailing address or email address, as well as SMS messages and phone calls to the phone number specified in the registration form.
12.3. The Buyer grants permission to process their personal data, including: storing personal data in databases (without additional notice), storing data indefinitely, and collecting, updating, and modifying it (as necessary). The Seller undertakes to protect the data from unauthorized access by third parties, and not to disclose or transfer the data to any third party (except for the transfer of data to affiliated entities, business partners, persons authorized by the Seller to directly process the data for the specified purposes, as well as upon a mandatory request from a competent government authority).
12.4. If the Buyer does not wish to receive newsletters, the Buyer has the right to contact the Seller by submitting a written request to opt out of receiving promotional materials, sent to the Seller’s mailing address or email address.
12.5. The Seller is not liable for the content or accuracy of the information provided by the Buyer when placing an order. The Buyer is responsible for the accuracy of the information provided when placing an order.