Terms & Conditions
TERMS AND CONDITIONS FOR FM ONLINE SHOP
Products and services offered on our website can be purchased by individuals or legal entities pursuant to the terms and conditions specified below.
I. Goods and services
1. Fighting Monkey is the trading name of Liartem s.r.o., nám. Ľ. Fullu č. 1665/7, 01008 Žilina, Slovak Republic, CRN 46456538, company registered in the Register of Companies maintained by the District Court Žilina, Sro, 5578/L (FM or we). FM offers the following goods and services for purchase by individuals and/or other legal entities (Purchaser or you) via our website at www.fightingmonkey.lemonjelly.gr (together, Goods and Services):
a. Workshops as advertised on https://fightingmonkey.lemonjelly.gr/calendar (Workshops);
b. Online training videos available at customer’s dashboard after your purchase (Training Videos) and
c. Equipment, clothing and other goods available through the website’s menu (Goods).
2. FM reserves the right to add, remove or alter the Goods and Services available for purchase from time to time without notice.
II. Order for Goods and Services
1. You may place an order to purchase any Goods or Services provided by FM through eCard VÚB by following the instructions as specified at www.fightingmonkey.lemonjelly.gr . All orders are subject to availability and acceptance.
2. At the time of placing an order, you must:
(a) specify the following information in each order:
(i) your full name, correspondence and invoicing address, telephone number, email address;
(ii) if you are an entrepreneur or legal entity, you must also provide your company registration number, tax identification number, and/or VAT identification number;
(iii) the name of the Product or Service you ordered; and
(iv) the date of placing the order; and
(b) pay the full price for the Goods or Service specified on the relevant page at www.fightingmonkey.lemonjelly.gr .
Personal data provided by you will be used in line with the Act on Personal Data Protection No. 428/2002 Coll. only in the business relationship between FM and the Purchaser and will not be disclosed to any third party without the consent of the Purchaser.
3. The contract between you and FM is formed when you place the order and pay the price of the selected Goods and/or Service in full, and when the relevant order is registered in the system of FM. The contract is binding on you in accordance with the Act No. 108/2000 Coll. (as amended) and constitutes a distance contract.
III. Payment terms
1. Prices for all Goods and Services are stipulated by FM and stated on the page for each Product and Service at www.fightingmonkey.lemonjelly.gr.
2. Payment can only be made using service eCard VÚB, which accepts following payment cards:
(a) Payment cards issued by VÚB: MasterCard, MasterCard Electronic, Maestro, Visa Electron, VISA, V-Play;
(b) Payment cards issued by other banks in the Slovak Republic or banks having the authorisation to issue payment cards in the territory of the Slovak Republic and payment cards issued by foreign banks within EU and EEA:
MasterCard, MasterCard Electronic, Maestro, Visa Electron, VISA, V-Play(c) Payment cards issued by foreign banks outside EU and EEA:
MasterCard, MasterCard Electronic, Maestro, Visa Electron, VISA, V-Play, Diners Club International.
IV. Shipping and delivery
1. For purchase of Goods, please refer to our Shipping and Refund Policy.
2. The dates of Workshops are stated on the relevant event page(s) for that Workshop at www.fightingmonkey.lemonjelly.gr and is the specified date constitutes the delivery date for the performance of contract with respect to the Workshop.
3. The delivery date for Online Training will be the date FM makes the Online Training available to you.
4. The online training/programs are available for 2 devices. To be able to access the program for more devices please contact us in firstname.lastname@example.org
Extra charges may apply
V. Intellectual property
1. All rights (including copyright therein) in the contents and materials provided to you as part of Online Training and/or Workshops (including all films, videos, images, photographs, instructions, feedback, voice recordings and any other communication in any form) (together, FM Materials) belong to FM. You agree not to distribute, reproduce and/or other disseminate any of the FM Materials without the prior written consent of FM and/or pass any of the FM Materials off as your own.
2. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Goods and/or the FM Materials belong to FM. You may not display or reproduce the Marks other than with the prior written consent of FM, and you may not remove or otherwise modify any trademark notices from any content.
3. If you are attending a Workshop, you agree not to make any visual and/or audio recordings of any kind during the Workshop and not to cause anyone else to do.
VI. Cancellation and refund
1. Purchase of Goods: Please refer to our Shipping and Refund Policy.
2. Purchase of Training Videos: If your order is for purchase of Training Video, you agree that you EXPRESSLY WAIVE YOUR RIGHT TO CANCEL YOUR ORDER within 14 days from the date of purchase once the purchased Training Video has started playing. Once the purchased Training Video(s) has started playing you will not be able to cancel your order and we will not be able to give you a refund.
3. Workshops: If your order is for a Workshop, you will not be able to cancel your order or receive a refund. However, if you are unable to attend the Workshop, you may send a substitute to attend the it in your place provided you inform us at least 24 hours prior to the start of the Workshop by sending us an email to email@example.com.
4. If we are unable to fulfill an order due to our fault, we will notify you by sending you an email using the address you have provided, and we will refund any payment for that order within 10 days from the date of our email notification.
VII. Release of liability and indemnification
In consideration of receiving Products and Services from FM, you agree to forever release, indemnify and discharge FM, its directors, employees, agents, associates, or any entities or persons acting in any one on FM’s behalf (together, FM Team), on behalf of yourself, your spouse, legal partner, children, parents, guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in any way represent you or act on your behalf as follows:
1. Despite all known and unknown risks, you hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge the FM Team and agree to hold us harmless of and from all, and all manner of action and actions or omission(s), cause and cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties covenants, contracts, controversies, agreement, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by the FM Team, whether the action arises out of any damage, loss, personal injury, or death to me or my child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES. This Release of Liability, is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of the FM Team.
2. You hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by the FM Team, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments the FM Team incurs in the event that you or my minor child(ren)/ward(s) cause any injury, damage and/or harm to the FM Team and/or any and all other persons and entities acting in any capacity on behalf of the FM Team.
3. You promise to indemnify the FM Team for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of the FM Team, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
VIII. Final provisions
1. You represent that you have familiarized yourself with these terms and conditions prior to sending the Order to us and that you agree with them.
2. The terms and conditions are formulated and established in good faith for the purpose of governing the legal relationship between FM and you. In case a competent authority decides that one or more of these terms to be invalid or unenforceable, in part or in full, it shall not affect the validity and enforceability of the remaining terms and conditions of this agreement.
3. These terms and conditions shall be without prejudice to the rights of FM in arising from the Act on the Consumer Protection No. 634/1992 Coll. as amended and Act on the Consumer Protection in door-to-door and mail order sales No. 108/2000 Coll. as amended.
4.You agree that these terms and conditions constitute the terms of agreement between you and FM and such agreement shall be governed by the laws of Slovakia and you hereby submit to the exclusive jurisdiction of the courts of the Slovakia with respect to all matters relating to this agreement.
These business terms and conditions are valid from December 1, 2016.