Conditions

Terms of delivery of products and provision of services

When you purchase a VIDEO COURSE, you
1. Fill in the order fields and confirm your order
2. Enter your card details and pay. Our website uses the Fondy system, which is safe and secure for your data and allows you to make payments worldwide (https://fondy.ua/uk/fondy-team/)
3. After payment, you will automatically be provided with an individual profile on the MONK SAX STUDIO website and in the "Profile" section, "Courses" tab, you will get access to the purchased course. You will also receive an email with a link to the purchased course.

When purchasing ACCESSORIES or CLOTHING, you:
1. Carefully fill in the ordering fields with your contact details and the address or branch number where you would like to collect the parcel
2. Enter your card details and pay the order amount
3. Wait for an SMS message from the delivery service and pick up your parcel at the branch. The parcel will be sent at your expense
4. We send parcels 2 times a week, so the delivery time in Ukraine can be from 2 days to a week.

Conditions for returning products

1. The consumer has the right (according to Article 9 of the Law of Ukraine "On Protection of Consumer Rights"):
- Return the goods of good quality upon receipt within 14 days, excluding the day of purchase;
- Within 14 days, not counting the day of purchase, replace the goods of good quality with a similar one if the goods do not fit in shape, size, style, colour or cannot be used for their intended purpose;
- Return the goods if their presentation, consumer properties, seals, original packaging, as well as a document confirming the fact and conditions of purchase of the specified goods (receipt) are preserved.

2. In case of a refund, settlements with the consumer are made based on the value of the goods at the time of purchase.
The money will be returned no later than within 7 working days.
If, at the time of the exchange, a similar product is not on sale, the consumer has the right to either purchase any other goods, receive a refund in the amount of the value of the returned product, or exchange the product for a similar product as soon as the relevant product is on sale.

Refusal to return the goods:
You will be refused a replacement product or a refund if:
- more than 14 days have passed since the purchase of the goods, which do not have significant defects;
- the goods do not have significant defects, are not new, i.e. used; are broken, scratched, etc;
- when checking the quality of the goods, signs of third-party interference (opening, attempted repair) or other conditions of warranty service are found;
- the packaging of the goods is damaged or torn, there are no labels.
- antique books, paintings, prints, maps, antique goods, and icons are not subject to return.
ATTENTION! WE ACCEPT RETURNS ONLY IN THE FORM IN WHICH THEY WERE DELIVERED TO YOU.

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 - the online store "Monk Sax Studio" (represented by AFANASENKO EVGENY SERGIYEVICH, registered in Ukraine, EDRPOU 3107717571), which is the copyright holder of the site monksax.com

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 Website is a platform for placing offers for the sale of goods by the Seller. Product information is displayed on the Website and is dynamic. This means that the administration of the Online Store may at any time, without prior notice to the User, make changes to this Agreement, materials and information contained in the Online Store. The administration is under no circumstances responsible for the irrelevance of the information on the site, any losses arising from the use, inability to use or the results of using the resource of the online store. The specified changes come into force after their publication on the Website 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 only and cannot be taken as fully conveying all the properties and characteristics of the Goods. In case the Buyer has any questions regarding the properties and characteristics of the Goods, before ordering the Goods, he/she should contact the operator of the Online Store for advice.

1.6. Sufficient evidence of acceptance of the offer by the Buyer (i.e., the Parties' agreement on all essential terms of sale of the goods) shall be the actual payment thereof, receipt of the goods by the Buyer-Recipient.

1.7. The Administration is the owner of intellectual property rights to distribute the Content presented on the Website.

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 Website, 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 responsible for the accuracy, correctness and truthfulness of both mandatory and other information provided. In case of detection of any inaccuracy, incorrectness or untruthfulness of the information provided by the Registered User, the Website Administration unconditionally reserves the right to cancel the Account of such 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 case the Buyer is unable to confirm the Order with the Seller, due to the incorrect e-mail address or phone number, the Seller has the right to cancel such an 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 accepting 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 selected independently by the User-Buyer in the process of making payment 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 funds 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 times specified 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 case of force majeure and agrees on new delivery terms by e-mail.

4.7. The moment of receipt of the Goods by the Buyer shall be the signing by the Recipient-Buyer of a document confirming the fact of acceptance of the Goods ordered by him (consignment note, acceptance certificate, shipping declaration, etc.) or the actual receipt of the Goods by the Recipient-Buyer and the performance of actions indicating acceptance of the Goods. In order to issue the Goods to the Recipient, the latter shall present an identity document (passport) upon receipt of the Goods.

4.8. Before the Seller sends the goods, they are checked and insured at full value. Upon receipt of the goods, the Buyer undertakes to check the goods for mechanical damage and, in case of discrepancies, to file a claim with the delivery service on the spot, otherwise, claims for mechanical damage to the goods shall not be considered by the Seller. The Seller shall not be liable for the actions of the Companies providing 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 the defective goods sent without providing the above documents or in violation of the procedure for returning the defective goods until the defects are eliminated. If the Buyer fails to send the said documents within 7 (seven) days from the date of receipt by the Seller of the relevant defective goods, the Seller's obligations to satisfy the Buyer's claim shall be terminated and the Seller shall have the right to dispose of the goods at its sole discretion. The Seller shall not be obliged to return the goods for which the application is not properly executed and the proper documents are 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 unauthorised automatic scanning of the Website, as well as the use of the Website for fraudulent activities and in case of reasonable suspicion of abuse by the User, the Administration reserves the right to use the Website:

• • 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 warrants 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 a violation of the normal functioning of the Site and its services.

8.2. The Buyer User shall promptly inform the Website Administration of unauthorised access to the Buyer User's Personal Account by third parties. To inform the Buyer, the User must 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/she is familiar with and agrees to the terms of this Agreement.

8.4. Comments and other entries of the Buyer's User on the Site shall not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.

8.5. The User/Buyer is responsible for the accuracy of the data specified in the registration form and the Order form. In case the incorrect, inaccurate and/or incorrect indication of the data in the Order has led to additional costs of the Seller related to the delivery of the goods to the incorrectly specified address or the delivery of the goods to the incorrectly specified Recipient, all related losses and expenses shall be borne by the User of the Buyer. The Seller is entitled to deduct 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 any 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.

The Payer shall send any claims and disputes regarding payments and receipt of refunds to such self-selected company, and if they cannot be resolved amicably, they shall be resolved in accordance with the provisions of Section 8 hereof.

8.8. The only remedy provided to the Buyer in case of non-compliance of the actual terms of sale with this Agreement is to grant the Buyer to the Recipient the right to refuse to receive the relevant goods and demand a refund of the price paid for them. The Buyer Recipient shall have the right to exercise this right until the documents confirming receipt of the goods are signed.

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 to the Buyer, including the delivery time, as well as for the preservation of the integrity of the goods during transportation by delivery services.

8.12. The Seller's liability for changes in the terms of the offer for sale and sale of goods shall be limited to the right of the User-Recipient-Buyer to refuse to purchase the goods and demand a refund of the money paid for them. 

9. Dispute Resolution and Applicable Law

9.1 This Agreement is drawn up in accordance with the laws of Ukraine. The Buyer User located outside of this jurisdiction fully agrees to submit the legal relations arising from any use of the Website to the legislation of Ukraine, and these terms and conditions shall apply to him/her to the maximum extent permitted by his/her jurisdiction without the application of 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 all possible disputes arising from the relations between the Parties and which the Parties have not been able to settle through negotiations for at least 30 days shall be resolved in accordance with the current legislation of Ukraine.

9.4. The Buyer User shall send any claims and disputes regarding the provision of access to the download of the Content to the Administration, and in case of impossibility of their resolution 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 Website Administration. The User also agrees to the use of his/her personal data for processing Orders for the purchase of goods, receiving advertising and special offers, information about promotions, drawings, and other information about the activities of the Administration.

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 case of changes to his personal data, the User shall provide the Administration with updated information by contacting the Administration's Support Service or by making changes to the relevant section of the User's Account on the Website. If the User fails to comply with this requirement, the Administration shall not be liable for any adverse consequences associated with the use of outdated data.

10.6. The User Buyer immediately after registration or at any other time may impose a ban (restriction) on the use of his personal data. To do this, the User must send a written request 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 Personal Data Protection".

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/her 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, and to make calls to the mobile phone number specified in the registration form of the Account.

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

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 performance/execution of certain actions/operations posted in the relevant sections of the Website are integral parts (as Appendices) of this Agreement, which determine the obligations for both Parties. If the terms and conditions set out in the text of this Agreement and the terms and conditions set out in its Appendices (sections of the Website) differ, the Parties shall be governed by the terms and conditions set out in the Appendices. The sale of goods by the Seller to the Buyer shall be governed by this Agreement, as well as by the Law of Ukraine "On Electronic Commerce", the Law of Ukraine "On Consumer Protection", the Rules for the Sale of Goods to Order and Outside Commercial or Office Premises and other legislative acts in the part that does 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 unsubscribe from the mailing of messages related to this Agreement to the Website, he/she must apply by sending an e-mail to the e-mail address indicated on the Website with a request to unsubscribe from the mailing list. The request will be fulfilled within 3 days from the date of its receipt.

11.6. The Administration reserves the right to block the Buyer (deprive him/her of the opportunity to order and purchase goods), to file appropriate applications with law enforcement agencies and transfer such Buyer's data to them if any actions of the Buyer, in the opinion of the Seller, bear signs of fraud and may harm the interests of other Buyer Users 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.complease note that your use of the website in any form (including, but not limited to, placing orders for goods using the website www.monksax.com, participation in discount programmes, promotions, filling in forms, etc.) means that you have read and agree to the terms of use.