Public offer

PUBLIC OFFER

Preamble

This Public Offer Agreement is an official offer by the Seller to an unlimited number of persons to enter into an agreement with the Seller on the delivery of goods remotely under the conditions stipulated in this offer by creating an order in the online store on the monksax.com website

DEFINITION OF TERMS

A public offer contract is a public contract, the terms of which, according to Art. 633, 641 of the Civil Code of Ukraine, the same for all Buyers, the unconditional acceptance of the terms of which by the Buyer (payment of the Goods in accordance with part 2 of Article 642 of the Civil Code of Ukraine) is considered acceptance of this Agreement between the Seller and the Buyer.

Administration — online store “Monk Sax Studio” (represented by AFANASENKO YEVHEN SERHIYOVYCH, registered in Ukraine, EDRPOU 3107717571), which is the copyright owner of the monksax.com website

Offer – the Seller's proposal to enter into this Public Offer Agreement on the terms set forth in this Agreement, addressed to an unlimited number of persons.

Acceptance — acceptance by the person of the offer to conclude the Agreement (by clicking on the link "Make an order")

The online store is a corresponding software and functional complex, located on the official website at the address https//:afabooks.com, which allows you to familiarize yourself with the Product, its appearance, technical characteristics, price, payment terms, etc., and make an appropriate order etc.

An Order is a duly completed and posted request of the Buyer (filled in the appropriate fields on the website in the "Ordering" section), addressed to the

Order confirmation is the Seller's notification of receipt of the order from the Buyer and acceptance of such order for execution.

User — a natural person who has reached the age of 18, who has full legal capacity, who uses this site and/or its individual tools, who has agreed to the terms of the Public Offer and fulfilled all its conditions described below.

Recipient — the person specified by the Payer in the "Ordering" section as the person authorized to receive the goods. Unless otherwise specified in the "Ordering" section, the Recipient is the Payer.

Payer — the person who pays for the Buyer's order, unless otherwise specified in the "Ordering" section, the Buyer is the Payer.

Buyer — a registered or unregistered User placing an order and intending to purchase/purchase goods offered for sale by the Seller and presented on the afabooks.com website

Seller — a legal entity or an individual entrepreneur who posts information on the website with an offer to purchase certain goods. The seller can be both the Administration and any person to whom the Administration has granted the right to post information about the product on the site. 

Offer — information about the product posted by the Seller on the website, which includes information about the product, its price, payment and delivery methods, information about discounts and promotional offers for the product, as well as other conditions for purchasing the product. The terms of the Offers posted on the site are set by the Seller. The offer is information about the possible terms of purchasing the product.

1. General provisions

1.1. This Public Offer Agreement is a public Agreement in accordance with Art. 633, 641 of the Civil Code of Ukraine, the conditions of which are set the same for all Buyers and are addressed to an indefinite circle of persons regardless of status (individual, legal entity, individual entrepreneur) who wish to purchase goods, information about which is contained on the Site, including .h regulates the procedure for the User's access to the information posted on the Site, the procedure for using the Site, as well as the possibility of transferring goods and other conditions.

1.2. The site is a platform for placing offers for the sale of goods by the Seller. Product information is displayed on the Site and is dynamic. This means that the administration of the Internet store can make changes to this Agreement, materials and information contained in the Internet store at any time, without prior notification to the User. The administration is under no circumstances responsible for the irrelevance of information on the site, any damages arising from the use, impossibility of use, or the results of the use of the Internet store resource. The specified changes come into force after their publication on the Site and apply to any order placed after their publication.

1.3. The fact of placing an order by the Buyer (by clicking on the "Place order" link) in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, is considered the acceptance of this Agreement by the Buyer, his agreement with the terms of the Agreement and confirmation that he fully assumes the obligations arising from the use of the Site and the conclusion of this Agreement, including the Buyer's consent to the sending of SMS by the Seller - notifications, e-mails about the status of his order and surveys to improve the quality of service to Buyers, all actions he will take will not contradict the terms of this Agreement.

1.4. The Agreement concluded on the basis of the Buyer's acceptance of this offer is an Accession Agreement, to which the Buyer joins without any exceptions and/or reservations.

1.5. Any information about the Goods contained on the website www.afabooks.com is for informational purposes and cannot be taken as fully conveying all the properties and characteristics of the Goods. If the Buyer has any questions regarding the properties and characteristics of the Product, before ordering the Product, he must consult the operator of the Internet store.

1.6. Sufficient proof of the acceptance of the offer by the Buyer (that is, the agreement by the Parties of all the essential conditions of the sale of the goods) is the actual payment, receipt of the goods by the Buyer\Recipient.

1.7. The owner of the intellectual property rights for the distribution of the Content presented on the Site is the Administration.

2. Registration on the website and order processing

2.1. In order to be able to make a purchase on the site, the User must register on the site. The administrator reserves the right to reject any application for registration and / or terminate anyone's registration on the Site.

2.2. Also, the User can place an Order for the product without the corresponding registration, but at the same time, he must correctly fill out the mandatory fields in the "Ordering" form.

2.3. When registering on the Site, namely filling out the registration form and creating a Personal account, the User undertakes to provide the information marked as mandatory in full, and the User is also responsible for the reliability, correctness and truthfulness of the information marked as mandatory, as well as and other provided information. In case of detection of any unreliability, incorrectness or untruthfulness of the information provided by the Registered User, the Site Administration absolutely reserves the right to cancel the Account of such a Registered User at any time without any compensation or reimbursement.

2.4. By entering information into the registration form of the Site, as well as placing an Order, the Buyer confirms that he is familiar with the terms of this Agreement, and all actions he will take will not contradict the terms of this Agreement.

2.5. The Order is considered accepted for execution, and the Agreement between the Buyer and the Seller is concluded, after the Buyer has completed the Order on the Site.

2.6. The Seller has the right to reject the Order in case of actual absence of the goods in stock, by sending an electronic message. In this case, the rights and obligations of the Parties related to the sale, delivery and transfer of the ordered goods to the Buyer and their payment to the Seller provided for in this Agreement shall be terminated, and the value of the goods, in case of payment for it, shall be returned to the Buyer, if the Parties have not reached an agreement about another

2.7. In the event that the Seller is unable to confirm the Order with the Buyer, due to an incorrectly specified e-mail address or phone number, the Seller has the right to cancel such unconfirmed Order.

3. Price and terms of payment of goods

3.1. The price of the product is indicated on the Site in the appropriate section at the time of placing the Order, and does not include the cost of delivery.

3.2. The seller has the right to unilaterally change the price of the goods without warning. However, the Seller does not have the right to change the price of the ordered goods after the Order has been accepted by the Seller or the Buyer has paid for the goods.

3.3. The price of the product is paid in the national currency of Ukraine - hryvnia.

3.4. The buyer can pay for the ordered Goods:

• • with a Visa or MasterCard bank card on the Site at the time of placing the Order;

• • by transferring funds immediately before sending the Goods to the Seller's bank account;

3.5. The User\Buyer understands and agrees that the operator for receiving and making payments for the goods presented on the Site is, depending on the circumstances, one of the acquiring companies connected to the Site and independently selected by the User\Buyer in the process of paying for the goods.

3.6. The product must be fully paid for by the Buyer before it is received by the Buyer.

3.7. In case of cancellation of the Order or return of the goods, the money shall be returned to the Buyer.

3.8. When returning the goods, the money shall be returned to the Buyer only after the goods have been received and the Seller has processed a duly completed return application.

3.9. Refunds can be made to the bank card from which the order was paid, or, if the payment was made by details, to the bank card specified in the order.

3.10. The refund period is up to 10 working days after the Seller receives a duly completed return application.

4. Procedure for transferring the goods

4.1. Delivery of goods is carried out throughout the territory of Ukraine, with the exception of temporarily occupied territories.

4.2. The delivery of the ordered goods is carried out within the period determined in relation to the carrier and the method of delivery and is counted from the day of assembly. 

4.3. When placing the Order, the Buyer has the opportunity to independently choose the delivery method, namely:

• • courier delivery (delivery by courier to the address specified by the Buyer);

• • receiving the goods at the selected branch of the delivery service (the branch of the delivery service can be selected from the list indicated on the Site);

4.5. The cost of delivery of goods is calculated according to the tariffs of the companies that directly deliver the goods. All the necessary information regarding the delivery of goods is indicated by the Buyer during the order placement in the "Order placement" section on the Site.

4.6. The Seller makes every effort to comply with the delivery terms indicated on the Site, however, delivery delays are possible due to unforeseen circumstances beyond the Seller's control (force majeure circumstances). The Seller informs the Buyer in the event of force majeure and agrees to the new terms of delivery by e-mail.

4.7. The moment of receipt of the goods by the Buyer is when the Recipient\Buyer signs a document confirming the fact of acceptance of the goods ordered by him (waybill, acceptance-handover document, declaration for forwarding, etc.) or when the Recipient\Buyer actually receives the goods and takes actions that testify to acceptance of goods In order to issue the Goods to the Recipient, the latter must present an identity document (passport) when receiving the Goods.

4.8. Before the Seller sends the product, it is checked and insured for the full value. Upon receipt of the goods, the Buyer undertakes to check the goods for mechanical damage and, in case of inconsistencies, to submit claims to the delivery service on the spot, otherwise claims regarding mechanical damage to the goods will not be considered by the Seller. The Seller is not responsible for the actions of the Companies that ensure the delivery of the goods to the Buyers.

4.9. The buyer has the right to violate the integrity of the product packaging, to inspect the product, as well as to dispose of the product in any other way at its own discretion, only after its full payment. The specified provision does not deprive the Buyer of the rights provided by the Law of Ukraine "On the Protection of Consumer Rights" regarding the return of goods of proper and improper quality.

4.10. The buyer has the right to designate a third person as the Recipient of the purchased goods. In this case, the Buyer is obliged to indicate in the Order form the data necessary for the identification of the Recipient and delivery of the goods to him. The relations of the parties, in such a case, are covered by the provisions of Art. 636 of the Civil Code of Ukraine.

5. Warranty conditions

5.1. Claims regarding the delivery of low-quality goods (printing defect) can be filed by the Buyer within 14 (fourteen) calendar days from the day of receiving the goods.

5.2. The return of the goods of inadequate quality (polygraphic defect) is carried out within 14 working days from the day of receipt of the poor-quality goods together with the relevant documents and on the condition that the Buyer complies with the procedure for presenting claims specified in this Agreement.

6. Return of goods

6.1. The goods offered by the Seller for sale, if they are of adequate quality, are not subject to return in accordance with the Resolution of the Cabinet of Ministers of Ukraine "On the Implementation of Certain Provisions of the Law of Ukraine "On the Protection of Consumer Rights" dated March 19, 1994 No. 172, unless otherwise agreed between the Seller and the Buyer .

6.2. Return of goods of inadequate quality

6.2.1. Upon receipt of goods of inadequate quality (polygraphic defect), the Buyer has the right to:

- refund of funds in the amount of the value of such goods;

- replacement of a low-quality product with a good quality product.

6.2.2. The detected polygraphic defect of the received product is confirmed by the corresponding photos, which must be sent to the Seller's e-mail afabooks17@gmail.com together with the following information:

– Name of the Buyer/Recipient and contact details (phone number, e-mail);

– order number and date;

- the cost of the order;

- the number of goods with polygraphic defects.

6.2.3. The Buyer's claims regarding the refund of funds for poor-quality goods must be submitted by sending a written statement, an example of which is provided by the Seller, to the above-mentioned e-mail address. 

6.2.4. Claims regarding the quality of the goods received by e-mail are considered by the Seller within 2 working days from the day of receipt. In case of recognition of the claim, the Seller sends the Buyer (via SMS or e-mail specified in the claim) the details necessary for the return of the goods. 

6.2.5. The Seller has the right not to consider the Buyer's application (claim) regarding defective goods sent without providing the above-mentioned documents or in violation of the procedure for returning defective goods until the deficiencies he admitted are eliminated. In the event that the Buyer does not send the specified documents within 7 (seven) days from the date of receipt by the Seller of the corresponding low-quality goods, the Seller's obligations regarding and satisfaction of the Buyer's claim are terminated, and he has the right to dispose of the goods at his own discretion. The seller is not obliged to return the goods, for which the application was made improperly and the proper documents were not provided.

The Seller has the right to refuse to receive a defective product, if the Buyer committed a violation when sending the claim and the defective product (incorrectly specified return details provided by the Seller), which may cause the Seller to incur additional financial costs.

6.2.6. Upon receiving the goods, the buyer undertakes to inspect them for mechanical damage. The fact of the presence of mechanical damage must be recorded at the time of receipt of the goods, otherwise claims regarding mechanical damage to the goods will not be considered by the Seller.  

7. Access to the Site

7.1. The Administration makes all possible efforts to ensure the proper functioning of the Site, but is not responsible for non-fulfillment or improper fulfillment of the obligations stipulated in this Agreement, as well as for damage caused in connection with this, as a result of, but not limited to:

• • illegal actions of third parties;

• • failures in the operation of the Site caused by errors in the code, computer viruses and other third-party code fragments in the software of the Site;

• • lack of Internet connections between the User's device and the Site server, as well as between the Site server and the Internet;

• • implementation of operational measures by state bodies and other duly authorized organizations affecting the operation of the Site;

• • performing Site software updates;

• • according to the applicable and effective decision of the authorized state authorities.

7.2. In order to prevent unauthorized automatic scanning of the Site, as well as the use of the Site for the purpose of fraudulent actions, and in the event of reasonable suspicion of abuse on the part of the User, the Administration reserves the right to:

• • block access to the Site;

• • cancel all purchases made through the use of unauthorized access;

• • collect compensation for damages caused by the use of unauthorized access to the Site.

7.3. An account on the Site provides for the possibility of its use by only one User of the Site. The transfer of Account data to third parties is not allowed. In case of detection of facts of transfer of Account data to third parties or facts of collective use of the Account, the Administration has the right to block this Account and cancel purchases made using such Account.

8. Liability of the Parties

8.1. The Buyer\User of the Site agrees and guarantees not to take any actions that may be considered a violation of Ukrainian legislation or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal functioning of the Site and its services.

8.2. The Buyer \ User is obliged to promptly inform the Site Administration about unauthorized access to the Personal account of the User \ Buyer by third parties. For information, the Buyer \ User should contact the Support Service at the coordinates indicated on the Site.

8.3. By accepting the terms of the Agreement, the User \ Buyer confirms that he has read and agrees with the terms of this Agreement.

8.4. Comments and other entries of the User / Buyer on the Site must not contradict the requirements of the legislation of Ukraine and generally accepted standards of morality and morality.

8.5. The User / Buyer is responsible for the accuracy of the data specified in the registration form and the Order form. In the event that incorrect, inaccurate and/or incorrect entry of data in the Order has led to additional costs for the Seller related to the delivery of the goods to an incorrectly specified address or delivery of the goods to an incorrectly specified Recipient, all related losses and costs are borne by the User \ Buyer. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the goods.

8.6. The responsibility for money transfers made by the Payer lies entirely with the banking institutions and payment systems whose services the Payer decides to use. The seller does not assume responsibility for their actions.

8.7. The Administration is not responsible for the work of Internet providers, processing centers, payment systems, communication operators, banking institutions, Visa/MasterCard payment services, as a result of which the necessary information, data did not arrive or arrived late, were lost or damaged.

Any claims and disputes regarding making payments and receiving refunds shall be sent by the Payer to such a self-selected company, and if it is impossible to resolve them amicably, they shall be resolved in accordance with the provisions of Section 8 of this Agreement.

8.8. The only means of compensation provided to the Buyer in the event of non-compliance of the actual terms of sale with this Agreement is to grant the Buyer \ Recipient the right to refuse to receive the corresponding product and demand the return of the price paid for it. The Buyer \ Recipient has the right to use this right until the moment of signing the documents confirming the receipt of the goods.

8.9. The site administrator is not responsible for the functionality of the equipment on which the Site is located, the Site's availability, the operation of data transmission channels and other technical means for Users to access the Site.

8.10. The Administrator's liability cannot exceed the value of goods purchased on the Site and does not include any lost profits, indirect losses, damage caused to third parties.

8.11. The seller is not responsible for the actions of the companies that ensure the delivery of the goods to the Recipient / Buyer, including for the delivery time, as well as for preserving the integrity of the goods during transportation by delivery services.

8.12. The Seller's responsibility for changes in the conditions of the offer for sale and the sale of the product is limited to the right of the User\Recipient\Buyer to refuse the purchase of the product and to demand the return of the money paid for it. 

9. Dispute Resolution and Applicable Law

9.1. This Agreement is drawn up in accordance with the legislation of Ukraine. The User\Buyer, who is located outside this jurisdiction, fully agrees to submit the legal relations arising during any use of the Site to the laws of Ukraine, and these conditions apply to him to the maximum extent permitted by his jurisdiction without applying any conflict of laws rules.

9.2. The Parties confirm that in the event that any condition of this Agreement becomes or is recognized as invalid due to inconsistency with the law, this condition will not be taken into account or the Parties will take measures to amend the Agreement to the extent that the Agreement is valid and fully preserve the intentions of the Parties.   

9.3. The User \ Buyer acknowledges and agrees that the resolution of all possible disputes arising from relations between the Parties and which the Parties were unable to settle through negotiations within at least 30 days shall be resolved in accordance with the current legislation of Ukraine.

9.4. Any claims and disputes regarding the provision of access to download Content shall be sent by the Buyer \ User to the Administration, and in the event that it is impossible to resolve them amicably, they shall be resolved in accordance with the legislation of Ukraine.

10. Use of User's personal data

10.1. The Buyer and/or authorized persons of the Buyer give consent to the Seller for the processing of their personal data specified by them in the registration form (name, mobile phone number, e-mail, postal address, etc.). The User's personal data is confidential information, the collection and further processing of personal data is carried out by the Administration in accordance with the Law of Ukraine "On the Protection of Personal Data" and other regulatory legal acts of Ukraine. The source of personal data collection is information directly and voluntarily provided by the User.

10.2. By agreeing to this Agreement, the User voluntarily provides the Administration with the personal data specified in the registration form for registration in the information system as a User, as well as for the purpose of maintaining long-term cooperation with the Site Administration. The user also consents to the use of his personal data for processing Orders for the purchase of goods, receiving advertising and special offers, information about promotions, raffles, other information about the Administration's activities.

10.3. The User grants the Administration the right to process his personal data, including: to record personal data in the Administration's databases (without additional notification to the User about this), to carry out lifelong data storage, their accumulation, updating, change (if necessary).

10.4. The buyer confirms that he is familiar with the rights of the subject of personal data provided for in Art. 8 of the Law of Ukraine "On Protection of Personal Data". Address of storage of personal data: 61037, Kharkiv, ul. Gomonenko, 10.

10.5. In the event of a change in personal data, the User must provide the Administration with updated information by contacting the Administration Support Service by phone or by making changes to the appropriate section of the User's Account on the Site. If the User does not fulfill this requirement, the Administration is not responsible for adverse consequences associated with the use of outdated data.

10.6. The User \ Buyer can immediately after registration or at any other time set a ban (restriction) on the use of his personal data. For this purpose, the User must apply in writing to the e-mail address specified in the "Contacts" section of the Site. The user is also granted other rights provided for in Article 8 of the Law of Ukraine "On the Protection of Personal Data".

10.7. The Administration does not accept the User's registration data if they are filled in incorrectly.

10.8. The Administration undertakes to promptly inform the User about its opportunities and rewards, but is not responsible for messages that were not delivered to the User as a result of circumstances beyond the Administration's control.

10.9. For the purposes provided for in clause 10.2. of this Agreement, the User grants the Administration the right to send him any information of a commercial and/or informational nature, as well as information about other consumer offers by mail, e-mail, telephone, SMS, viber-messages, to make calls to the telephone number specified in the registration form \ Account mobile number

10.10. The User's data specified in the registration data are confidential. Only authorized persons of the Administration and the User himself have access to the data, and this data may be provided at the request of law enforcement and/or other authorities in accordance with current legislation.

10.11. The User is responsible for the inaccuracy of the data in the Account.

11. Other conditions

11.1. All rules and conditions for the implementation / performance of individual actions / operations, posted in the relevant sections of the Site, are integral parts (as Annexes) of this Agreement, which determine the obligations of both Parties. In the event that the conditions fixed in the text of this Agreement and the conditions specified in its Appendices (site sections) differ, the Parties shall be guided by the conditions specified in the Appendices. The sale of goods by the Seller to the Buyer is governed by this Agreement, as well as the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Protection of Consumer Rights", the Rules for the sale of goods to order and outside retail or office premises, and other legislative acts to the extent that they do not contradict the specifics of electronic commerce  

11.2. The Administration has the right to make changes to the text of this Agreement and/or Appendices without prior notice. Changes to the Public Offer come into force after their publication and apply to any Order made after their publication.

11.3. The user undertakes to read this Agreement carefully. In case of disagreement with its terms, the User undertakes to immediately stop using the Site

11.4. The Seller and the Buyer maintain communication through the use of e-mail, telephone communication (SMS, etc.), applications, announcements and / or messages. The buyer agrees that all messages, data or other information provided in electronic form have legal force and are equivalent to documents drawn up in writing.

11.5. If the Buyer wishes to refuse the sending of messages related to this Agreement\ the Site, he must apply by sending an e-mail to the e-mail address specified on the Site with a request to unsubscribe from the mailing. The request will be fulfilled within 3 days from the moment of its receipt.

11.6. The Administration reserves the right to block the Buyer (depriving him of the opportunity to order and purchase goods), to make appropriate statements to law enforcement authorities and to transfer such Buyer's data to them in the event that any actions of the Buyer, in the opinion of the Seller, bear signs of fraud and may cause damage to the interests of other Users \ Buyers or third parties.

11.7. The invalidity of any provision of the Agreement by the court shall not invalidate other provisions of the Agreement.

Dear Site User monksax.com, we draw your attention to the fact that the use of the site in any way (including, but not limited to, placing orders for goods using the www.monksax.com site, participation in the discount program, promotions, filling out forms, etc. ) means that you have read and agree to the terms of use.