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.net (together, Goods and Services):
a. Workshops as advertised on https://fightingmonkey.net (Upcoming Workshops);
b. Training Videos available at customer’s dashboard (via Thinkific educational platform https://fighting-monkey.thinkific.com) after your purchase in FM Digital Library of Online Courses, Life-Long Programs and/or Bundles
c. Equipment, tools 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 Credit Card (Stripe) or PayPal or Direct Bank Transfer by following the instructions as specified at www.fightingmonkey.net . 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.net .
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.
4. For any completed order you can request to receive an Invoice within 30 days of the order’s validation. You can chose to receive an invoice when placing the order online during Checkout (using the checkbox option Receipt or Invoice). In case you do not opt for it during the order Checkout you can request an invoice at email@example.com within 30 days of the order’s validation.
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.net.
2. For payments made using Credit Card via Stripe service, the following payment cards are accepted:
Visa, Mastercard, American Express and China UnionPay payments from customers worldwide
3. For payments made by Direct Bank Transfer:
a) The Customer is required to include the order reference number and name in the bank transfer info.
b) The following bank account details are to be used for any transfer:
Account owner: LIARTEM S.R.O.
Bank: VUB, a.s.
Bank account: 2969625759/0200
IBAN: SK 48 0200 0000 0029 6962 5759
Bank address: Mlynske nivy 1, 829 90 Bratislava 25 Slovakia
c) The product’s total amount set in EURO currency (as mentioned in the order’s email confirmation) has to be received in the above mentioned bank account in order for the purchase to be validated
d) Any additional bank transfer fees ought to be covered by the sender
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.net 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. Custom Duties may apply for items shipped to non-EU countries. FM does not have any responsibility on these additional charges that may be imposed by the destination country.
5. Due to the global repercussions of COVID-19 pandemic, there may be a delay in delivery times for physical products. Once your order has been shipped, you will be sent an email with tracking information to the email address used during checkout. FM is not responsible for any delays to the delivery of the Goods if they are due to events outside of our control.
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 in FM Digital Library: If your order is for purchase of Online Courses /or Life-Long Programs /or Bundles, you agree that you EXPRESSLY WAIVE YOUR RIGHT TO CANCEL YOUR ORDER once the purchased Training Video(s) 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. Purchase of physical 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 it in your place provided you inform us at least 4 weeks prior to the start of the Workshop by sending us an email to firstname.lastname@example.org. We would like to make clear that pasted these 4 weeks (30 days) before the event starts there are no refunds whatever the reason of cancellation.
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.
5. Refunded amounts may be subject to processing fees / bank fees charged for the refund service. FM does not have any responsibility on these additional charges that may be imposed to the receiver.
As a reference, Stripe’s regular processing fees for refunds is : 5.15€
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.