Terms & Conditions

1. DEFINITIONS 

2. AGREEMENT 

3. PURCHASE ORDERS AND ORDER CONFIRMATIONS 

3.1 These Terms apply to all Buyers, whether purchasing for personal use or for resale. 

3.2 By placing a purchase order, Buyer confirms to Seller that is of legal age to enter into an agreement in Buyer's state of residence and is therefore bound by these Terms. 

3.3 Regarding purchase orders made for personal use: 

• If Buyer is a consumer, Buyer must purchase the Product solely for personal use and agrees not to market, resell, or distribute the Product for commercial purposes. 

• If Buyer is a business, Buyer must purchase the Product solely internal company use or promotional purposes, such as offering it as a free gift. Businesses interested in reselling must contact Seller’s Specialists to obtain the necessary agreement. For inquiries, please contact us at 404.975.0354 (Mon-Fri, 8:00 AM - 5:00 PM ET) or email: sales@rickyjoy.com. 

• Buyer must handle, store, and transport all Products in compliance with applicable laws, regulations, and Seller’s internal policies. Products must be kept in a clean and odor-free environment to maintain safety and prevent contamination. Repackaging of the Product is strictly prohibited. Seller will not be liable for defects due to misuse, neglect, improper handling, accident, alteration, modification, improper storage, transportation, or handling by Buyer. 

3.4 The acceptance by Seller of any purchase order placed by Buyer through the Website is expressly conditioned on Buyer's acceptance of these Terms. 

3.5 For purchase orders placed through other means, Seller’s acceptance is subject to Buyer’s agreement to these Terms and, when applicable, the successful completion of Seller's customer creation process and credit review. 

3.6 Buyer’s acceptance of these Terms may be evidenced by: 

• Buyer's written or verbal assent, including that of any authorized representative; 

• Buyer's acceptance of Product delivery; 

• Buyer's acceptance of Seller’s invoice; 

• Buyer's payment of the purchase price or the first installment (if applicable); 

• Any conduct by Buyer or its representative that is consistent with acceptance of these Terms.  

3.7 All purchase orders issued by Buyer must include, at a minimum, the following information: Product Identification or reference, quantity, complete delivery and billing address, and estimated delivery dates. Buyer is responsible for ensuring the accuracy of all purchase orders and any applicable specifications.  Seller reserves the right to reject any purchase order that does not meet these requirements. 

3.8 For purchase orders placed through the Website, Buyer may receive an email confirmation of the purchase. However, Seller is not obligated to send an order confirmation for online purchases. 

3.9 For purchase orders placed through other means, no purchase order shall be binding on Seller unless and until explicitly confirmed in writing by Seller. Seller reserves the right, at its sole discretion, to accept or reject any purchase order. Acceptance of a purchase order does not create an obligation for Seller to supply the Product on a recurring basis or commit to a minimum supply unless expressly agreed to in a separate written agreement. 

4. PRICING AND QUANTITIES 

4.1 Purchases Made Through Seller's Website:  

• Prices displayed on Seller’s Website are quoted in U.S. dollars and include all applicable taxes. Shipping and handling charges, if applicable, will be calculated and billed separately at checkout. 

• Prices for purchases made through Seller’s Website may differ from those applicable to purchases made through other sales channels. The prices listed on the Website apply exclusively to online transactions and are subject to change without prior notice. 

• Online purchases are available for nationwide delivery within the United States. 

4.2 Purchases Made Through Other Means: 

• Prices for purchases made through other sales channels (such as direct orders placed with Seller’s representatives, via email, or by phone) are quoted in U.S. dollars and include all applicable taxes. Unless otherwise stated in writing by Seller, shipping and handling charges are also included in the quoted price. 

• Purchase orders will be accepted and charged at the price in effect on Seller’s current price list at the time of order acceptance, unless a different price is specified in a written agreement between Seller and Buyer.  

• Seller reserves the right to manage one or multiple price lists based on customer type, territory, and/or any other business needs. 

• Prices listed in Seller’s current price lists are subject to change without prior notice. 

5 PAYMENT 

5.1 The invoice date ("Invoice Date") is always the Product's dispatch date from Seller’s warehouse. The payment term period starts from the Invoice Date, not from the date the Product arrives or is received by the Buyer. 

5.2 The payment date and payment terms shall be those indicated in Seller’s invoice ("Payment Date"). Seller reserves the right to modify Buyer’s payment terms at any time based on Buyer’s payment behavior. In the event that a different payment term is stated in a written Agreement between Seller and Buyer, the Payment Date indicated in the invoice shall always prevail. 

5.3 For purchases made through Seller’s Website, payment must be completed at checkout using the payment methods available on the Website at the time of purchase. Orders will not be processed until full payment has been received. 

5.4 Payment is due on the day the “Payment Date”. All payments shall be made to Seller's designated bank account. If deliveries are made in installments, each installment may be invoiced separately and shall be paid when due. No discount for early payment is allowed unless previously agreed to in writing by Seller. 

5.5 Seller reserves the right to charge interest on late payments at the highest rate permitted by law from the day following the Payment Date until the amount is paid in full. 

5.6 If Buyer defaults on payment, Seller may refuse delivery, suspend, or cancel any credit facility or any other performance. This right shall be in addition to, and not in lieu of, any other rights and remedies available under these Terms or applicable law. 

5.7 Discounts are contingent upon receipt of full payment by Buyer by the Payment Date. If full payment is not received by the Payment Date, any discount may be withdrawn, and the difference will be charged to Buyer’s account. Additionally, Seller reserves the right to include discounts on invoices that have been previously agreed upon with Buyer. 

5.8 Buyer shall not offset, withhold, or reduce any payment(s) owed to Seller without Seller’s previous written approval. 

6. DELIVERY AND QUANTITIES 

6.1 Delivery Methods: Products can be delivered via Pick-Up at Seller’s warehouse or Delivery. 

6.2 Pick-Up: Buyer must notify Seller at least 48 hours in advance of the intended pick-up date. Pick-up will occur at Seller's designated facility unless otherwise agreed in writing. 

6.3 Delivery: Products will be delivered to Buyer’s designated address ("Final Destination"). Delivery dates are approximate, and Seller is not liable for any delivery made within a reasonable time before or after the stated date. Delivery costs, if applicable, will be communicated by Seller in advance. 

6.4 For purchases made through Seller’s Website, all orders will be delivered to Buyer’s designated address, and no Pick-Up option will be available. Buyer expressly acknowledges and agrees that all purchases made through the Website shall be shipped to the provided Final Destination. 

6.5 Seller will arrange transportation and insurance of the Products to the Final Destination. Seller is not liable for any damage caused to Buyer’s or any other property during unloading. 

6.6Seller may ship Products in partial shipments and invoice accordingly. 

6.7 In the event that Buyer contests the delivery of the Products, Buyer must provide written notice of failure to deliver within fifteen (15) days of the invoice date.  

6.8 If Seller fails to deliver the Products, Buyer shall allow Seller a period of thirty (30) days to cure the failure. Should Seller not remedy the situation within this thirty (30) day cure period, Buyer's sole remedy will be the right to cancel the Order for the undelivered Products. Delivery shall be deemed completed if Buyer does not provide the notice of failure within the specified period. 

6.9 Ownership of the Products transfers to Buyer upon receipt of full payment. The risk of loss for the Products passes to Buyer upon the carrier's delivery of the order. If Buyer opts to pick up the order, the risk of loss transfers to Buyer once the Products are physically handed over. 

6.10 If Buyer fails to accept delivery of the Products for any reason, Buyer shall bear any costs incurred for reshipping the Products and any additional costs resulting from Buyer's failure to receive them. 

7. RESCHEDULING AND CANCELLATION 

8. RETURNS 

8.1 Returns will only be accepted with prior authorization from Seller. Unauthorized returns may incur restocking fees. All returns must be made within five (5) days of delivery and are subject to inspection and approval by Seller, as outlined in Section 9. 

8.2 For purchases made through Seller’s Amazon account, returns will be governed by Amazon’s internal policies. 

8.3 Buyer will pay for returned Products found non-defective or non-conforming, including freight, testing, and handling costs. Products must be returned in their original packaging. 

9. INSPECTION 

9.1 Buyer must inspect Products upon availability and verify compliance with agreed quality conditions. Any non-conformity must be reported to Seller within five (5) days of delivery ("Inspection Period"). Seller reserves the right to physically inspect the Products at Buyer’s premises through a designated representative within fifteen (15) calendar days from Buyer’s notification. 

9.2 Claims not reported within the Inspection Period will be forfeited. Seller is not liable for defects unknown or unreported within this period. 

9.3 For purchases made through Seller’s Amazon account, the inspection and claims process will be governed by Amazon’s internal policies. 

10. WARRANTY 

10.1 WARRANTY DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCTS. 

10.2 Seller’s obligation is limited to either (a) replacing defective or non-conforming Products or (b) issuing a credit for the purchase price. Replaced or credited Products become Seller’s property. 

10.3 The warranty period for Seller’s Products is specific to each Product and is in accordance with the expiration or shelf-life date on the Product label, packaging, or certificate of analysis. Warranty does not cover defects arising after this period. 

10.4 Seller warrants that all Products are neither adulterated nor misbranded and comply with all applicable federal and state laws and regulations, including the Georgia Food Act. 

10.5 Seller is not liable for defects due to misuse, neglect, improper handling, accident, alteration, modification, improper storage, transportation, or handling after risk of loss has passed to Buyer. 

11. LIMITATION OF LIABILITY 

11.1 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU: In no event Seller will be liable for any indirect, special, or consequential damages of any kind, arising out of or relating to use of (or inability to use) the website and/or Product, even if such damages were foreseeable or Seller was advised of the possibility.  

12. MODIFICATIONS 

12.1 Seller reserves the right to modify, change, suspend, or discontinue the Products, production processes. This includes, but is not limited to, changes in Product design, specifications, pricing, and availability. 

12.2 In the event that any Products regularly sold during the term of an Agreement between Seller and Buyer are permanently discontinued (hereinafter referred to as "Discontinued Products"), Seller shall make reasonable commercial efforts to provide Buyer with prior written notice of such discontinuance. Additionally, Seller will make reasonable commercial efforts to accept last-time-buy orders for the Discontinued Products in accordance with Seller’s product discontinuation process. 

12.3 Seller also reserves the right to change, suspend or discontinue all or any aspect of the Website at any time, without prior notice or liability.  

13. COMPLIANCE WITH LAWS 

13.1 Buyer represents that is duly authorized to enter into these Terms and with respect to its performance hereunder and that will comply with all applicable federal, state and local laws in the U.S. 

13.2 By accepting Seller’s offer, entering into any Agreement and/or accepting any Products, Buyer agrees that it will not deal with the Products and/or documentation related thereto, in violation of any applicable export or import control laws and regulations.   

14. INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION 

14.1 “Marks” means “Ricky Joy®”, and all trademarks, trade dress, designs, and logos used by Seller (collectively, the “Marks”) in connection with the Products.All rights, title, and interest in the Marks, whether registered or not, are the sole and exclusive property of Seller. Buyer will not acquire any rights of any nature in such intellectual property because of Buyer’s purchase. Buyer shall not claim ownership, challenge the validity, or use any confusingly similar Marks. 

14.2 If Seller is a business, Seller will submit any and all advertising or other promotional materials to Seller for written approval before release for use or publication. Seller will notify Buyer in written of its approval or disapproval of such materials as soon as practicable. 

14.3 Confidential Information. Buyer agrees to keep all Confidential Information of Seller strictly confidential and to use it only as necessary to fulfill obligations under these Terms. “Confidential Information” includes but is not limited to any proprietary information related to Seller’s business, products, or operations that is not publicly known. 

14.4 Injunctive Relief. Seller is entitled to seek injunctive relief to prevent any breach or threatened breach of this section, without the requirement of posting a bond, in addition to any other legal remedies available. 

15. GOVERNING LAW AND VENUE 

15.1 These Terms, and all offers, purchase orders, and sales of Products, unless otherwise agreed in writing between Seller and Buyer, are governed by and construed in accordance with the laws of the State of Georgia, United States of America. All disputes arising out of or in connection with these Terms, as well as all offers, purchase orders, and sales of Products, shall first be attempted to be settled through private consultation and negotiation between Buyer and Seller, with a stipulated period of five (5) business days for each party to propose a direct settlement. 

15.2 If the Seller and Buyer cannot reach an agreement under Section 15.1, any dispute, controversy, or claim arising out of or in connection with these Terms, and all offers, purchase orders, and sales of Products, shall be submitted to the courts located in Atlanta, Georgia, United States of America. However, Seller shall always be permitted to bring any action or proceedings against Buyer in any other court of competent jurisdiction, unless otherwise agreed in writing between Seller and Buyer. 

16. NOTICES 

17. ATTORNEYS' FEES 

18. INDEMNIFICATION 

19. MISCELLANEOUS