In effect from: July 1st, 2020.
1.2 Use of the Website is for lawful purposes only and is only permitted to users who are legally competent or corporations.
1.8 It is hereby clarified that the Operator may change and/or discontinue any or all of the Website’s operation, at any time, at its sole discretion and without the need for prior notification thereof, without the User having any claims against it in connection therewith.
1.9 The Service is active 24/7 and can be used, including for the purchase of products at any time. However, the Website may be disabled due to malfunctions not under the Operator’s control that may occur at any time and/or due to various maintenance works and/or other reasons, and the User will not have any claims against the Operator in connection therewith.
1.10 For any question, clarification, comment or problem regarding the Service, the Operator can be contacted from Sunday to Thursday from 10:00 to 18:00 via phone at 03-6299962 and via email at firstname.lastname@example.org. It is hereby clarified that there may be changes to the contact information specified above and to the times of availability of the Operator at its sole discretion and without prior notice and the User will not have any claims against it in connection therewith.
The “Content” means the Website, product information, the online pages contained therein, the classification, arrangement and presentation of the information and any other form of illustration contained therein, in mailings and in messages.
The “Service” means the Website, including related instructions and guidelines, other related products and services, related personal support services, and, if and when provided, any modification and/or amendment of the foregoing as may be completed by the Operator from time to time at its sole discretion.
“Website Errors” means any interruption in the Website’s availability caused by reasons beyond the direct control of the Operator.
“You” and “Users” means, inter alia, individuals and entities authorized by the Operator to make use of the Service as well as your employees, consultants, contractors and agents and/or third parties with whom you conduct business.
“Products” means all products appearing on the Website.
“Your Data” means any electronic data and/or information provided by you and/or collected by the Operator during the use of the Website.
3.2 It is hereby clarified that the provisions of this agreement only will be binding upon the Operator. Advertising posted by any third party on the Website, should it appear, does not constitute a recommendation or expression of the Operator’s position regarding the veracity or feasibility of the Service and/or products advertised by such third party.
3.3 Access to and use of the Website is currently free of charge. However, the Operator reserves the right at any stage and at its sole discretion to determine that any use of the Website and the Service, whether parts thereof or in its entirety, will entail payment by the User and reserves the right to incorporate additional elements on the Website which may be subject to payment by the User without the User having any claims against the Operator in connection therewith.
4. Purchase of Products on the Website
4.1 Various products are offered for sale on the Website as detailed and listed on the Website. However, the Operator may, at any time, discontinue the sale of certain products as well as add new products and/or change the range of products offered for sale on the Website, all at its sole discretion and without prior notice, and without the User having any claims against it for the aforementioned change.
4.2 Alongside each product, its price is listed, with the price including value added tax (VAT) unless otherwise stated. However, the Operator may change the price of any product at any time and at its sole discretion without the User having any claims against it in connection therewith. It is clarified that the effective date regarding the price of the product is the date of order confirmation by the Client and not the date of adding it to the shopping basket.
4.3 The Operator endeavors to verify that all details, descriptions and product images appearing on the Website are correct. However, there may be bona fide errors regarding the description or product images on the Website, and the appearance of the product on the display of your device may be different from the actual appearance due to differences due, in part, to the display settings and screen quality of your device. In any event, it is clarified that the product images appearing on the Website are for illustrative purposes only unless otherwise stated on the product page and do not in any way obligate the Operator.
4.4 Because product inventory changes from time to time, a product that is ordered may not be available in the Operator’s inventory when ordering. Therefore, the Operator reserves the right not to provide the Client product to the Client as a result, after contacting him within a reasonable time and informing him of the product’s unavailability in the Operator’s inventory, without him having any claim against it in connection therewith, and it may offer him an alternative product which is in stock. If the Client has already been charged for ordering the product that is not in stock, the Operator will return his money for the product order.
4.6 As part of the purchase of products on the Website, a wholesale purchase of products will not be possible until after contacting the Operator and its written approval to make a wholesale purchase, and the Operator reserves the right, at its sole discretion, which order will be considered a wholesale purchase and refuse to accept such order without the Client having any claims against it in connection therewith. In such a case, the Operator will contact the Client and notify him of its refusal to confirm such an order.
4.7 The Website offers for sale products that are custom made according to the Client’s request. However, the Operator reserves the right to refuse a custom order in some cases including, but not limited to, a request to manufacture a product that includes engraving of a form and/or caption which the Operator believes is offensive and inappropriate, and the User shall have no claims for refusal to custom manufacture in such cases.
4.8 It should be clarified that in light of the fact that a custom made product cannot be returned and/or its ordering canceled, the User is requested to verify that such order does indeed meet his needs, including, but not limited to, the dimensions of the product and the engraving requested for the product.
4.9 Advertising and/or displaying the products offered for sale on the Website do not constitute a recommendation and/or encouragement of their purchase and the Operator is not responsible for any use made by the Clients of the products to be purchased.
4.10 Product prices on the Website are not necessarily the same as on product prices elsewhere, including, but not limited to, the Operator’s Facebook and Instagram page, as well as the Operator’s physical stores. In any event, the prices listed on the Website are the determining prices for any purchase of products made through the Website.
5. Executing Orders, Payment, Supply of the Product and Deliveries
5.1 Payment on the Website can be made by credit card subject to the approval of the credit card company, PayPal service or Tranzila. It is clarified that the Operator may change the ways and/or means of payment and/or the means of execution of orders, at any time at its sole discretion and without giving prior notice without the User having any claims against it in connection therewith.
5.2 It is clarified that to the extent that the Client chooses the option of payment via PayPal or credit card, these payment services are provided by third parties and are not under the control of the Operator. Therefore, the Operator will not be liable for any malfunction and/or problem including security issues in payment arising out of payment in this way as stated above.
5.3 The supply of the products purchased on the Website and for which the full consideration has been paid can be made via courier to the same address entered by the Client when making the purchase, subject to the delivery areas as these appear on the Website from time to time; Or through self-collection at the Operator’s stores. The Operator may change the delivery methods and/or the delivery areas from time to time at its sole discretion and without giving prior notice without the User having any claims against it in connection therewith.
5.4 When ordering the products, the User will be charged a shipping fee at a cost presented on the Website which is in addition to the total order cost of the products. The Operator reserves the right to update the shipping fees from time to time at its sole discretion and without giving prior notice without the User having any claims against it in connection therewith.
5.5 It is clarified that in the event of shipping taxes including, but not limited to, import duties or customs payments, the Client will bear costs without having any claims against the Operator in connection therewith.
5.6 Without derogating from the following, it will be clarified that the delivery service is provided by a third party who is neither under the Operator’s control nor under its responsibility. Therefore, the Operator shall not be liable for any damage caused by any party providing the courier service as set out above, including damage resulting from negligence.
5.7 Because this is a service that is not under the Operator’s control nor its responsibility, there may be delays in the delivery date for reasons that are independent of the Operator and not under its control, including, but not limited to, force majeure, sensitive security situation in the delivery area, extreme weather, natural disasters (earthquake, flood, etc.), other disasters (such as fire, roadblocks, etc.) and delays resulting from strikes, and the Client will have no claim against the Operator for such delay. It will be clarified that such delay will not exempt the Client from his obligation to pay for his order.
5.8 It is clarified that if at the time of delivery of the products the Client is not located by the courier despite prior coordination, the product will not be provided to the Client and the Client will have to coordinate with the customer service an alternative date for the delivery of the products. Should the Client coordinate another delivery, the Client will be charged a second delivery fee in addition to the delivery fees paid by him even though the products were not provided to him.
5.9 Notwithstanding the provisions of section 5.8 above and in accordance with the courier’s policies and discretion, the Client may authorize the courier to leave the products where the Client is not found (including, but not limited to, on the Client’s house doorstep, in a business and/or with anyone on his behalf). However, it is clarified that to the extent that the Client confirms this, the Client agrees that in the event of loss and/or theft and/or defect and/or discrepancy in the order, the Operator shall not be liable for it and the Client shall have no claim against the Operator in respect of the above.
5.10 The Operator shall not be liable for delays that are beyond its control and/or originating in the Client, including but not limited to difficulties in contacting the Client. Such a delay will not be considered as a breach of the Operator’s undertaking to supply the product, nor will such delay exempt the Client from his obligation to pay for his order.
5.11 The manner of packaging the products will be done at the Operator’s discretion, and the Client will have no claim against the Operator in connection therewith.
5.12 Delivery of the products will be up to three weeks (business days) from the date of purchase.
6. Customer Club, Sales Promotions and Direct Mailing
6.1 The Operator proposes each User on the Website to join its club by using the form available on the Website to propose and inform them of on-site sales promotions, publications, renewals, personal benefits and other notices to update club members of the Operator’s various activities and services, including via email and messages (hereinafter: “Direct Mailing“).
6.2 When joining the customer club, the User will be asked to provide personal information, including full name, telephone and email address. On the customer club sign-up page as well as when making a purchase, the User will be able to consent to receiving direct mailing from the Operator by checking the box designated for this when enrolling in the Operator’s customer club and/or when making the purchase to the email and/or cell phone, which will constitute consent to receive advertising. It is clarified that at any stage the User will be able to ask the Operator to stop receiving Direct Mailing by contacting the Operator’s customer service and/or the removal options that will appear in the Direct Mailing that will be sent to the User.
6.3 Today, joining the customer club and any use of the Website is free. However, the Operator reserves the right at any stage and at its sole discretion to determine that joining the customer club will entail payment from the User without the User having any claims against the Operator in connection therewith.
6.4 The Operator may conduct sales promotions and provide benefits and discounts from time to time at its sole discretion as well as discontinue them at any time without the User having any claims against it in connection therewith.
6.5 The Operator may grant the User a coupon code, coupons, promotions, discounts or other benefits (hereinafter the “Benefits“) which will provide benefits and/or discounts when purchasing products only on the Website. It will be clarified that there are no multiple offers.
6.6 It is clarified that the Benefits are personal for the User’s use only and may not be given and/or transferred to any third party.
6.7 For the avoidance of doubt, it will be clarified that the provisions regarding Direct Mailing are subject to the provisions of the law, including the provisions of the Communications (Telecommunications and Broadcasts) Law, 5742 – 1982.
6.8 It is hereby clarified that we do not intend to transfer and / or share customer details to third parties.
7. Order Change and Cancellation, Cancellation of a Transaction and Products Return
7.1 The Operator’s products return and cancellation policy is subject to the provisions of the Consumer Protection Law, 5741 – 1981, and the Client may cancel his order and/or return the products delivered to him in accordance with the provisions below.
7.2 It shall be clarified at this point that a product that was used cannot be returned and a product that is specially manufactured and customized for the Client cannot be returned other than in cases pertaining to a defective product, all subject to the provisions of the law, including the Liability for Defective Products Law, 5740 – 1980.
7.3 The change or cancellation of an order by the Client will be possible at the discretion of the Operator and subject to the provisions below.
7.5 Upon receipt of notice of the cancellation of the order, the Operator will refund the Client the money in respect of the order, however it may, at its discretion and subject to the provisions of the law, charge a cancellation fee of up to 5% of the order value or NIS 100, the lower of the two.
7.6 A Client wishing to change his order by way of adding new products will pay for them the price stated at the time of the order change and not the price charged at the first order date.
7.7 Cancellation of a transaction and return of goods in respect thereof can be done within a period of up to 14 days from the date of receipt of the order other than in the case of products which, under any law, cannot be returned and/or cancelled. In order to cancel the transaction, the Client must contact the Operator and notify of his desire to cancel the transaction. After receiving the cancellation notice from the Client and to the extent that it is done within the said date, the Operator will coordinate with the Client the manner of return of the product. It shall be clarified that it is the Client’s responsibility to return the products to the Operator and that such products will be returned at the expense of the Client.
7.8 Upon receipt of the products returned by the Operator and subject to its examination of the condition of the products upon return and confirmation of their proper order, the Operator shall return the Client his money in respect of the order. The Operator may, at its discretion and subject to the provisions of the law, charge a cancellation fee of up to 5% of the order value or NIS 100, the lower of the two, where the cancellation rate includes shipping costs, if any. The provisions of this section regarding cancellation fees shall not apply to cancellations made due to a defect in the product ordered in accordance with the provisions of the Liability for Defective Products Law, 5740 – 1980, and/or any discrepancy between the product features as stated on the Website and the actual product features, in which case cancellation fees will not be charged from the Client, subject to the Operator’s examination of the User’s claims of discrepancy and/or defect, as applicable.
7.9 The Operator emphasizes that the Client must check that the products he has received correspond to the details of the order as made by him. To the extent that there is a discrepancy between the products ordered and the actual received products (for example, the quantity received does not match the quantity ordered), the Client must inform the Operator within one business day of such discrepancy. To the extent that the Client did not inform the Operator within the said date, the Client shall be deemed to have confirmed that the delivery complies with the order and the Client will not have any claims against the Operator in connection therewith.
8. Liability and the Absence of Liability
8.1 The Operator ensures that the products offered by it on the Website are of high quality.
8.2 The Operator provides a manufacturer’s warranty for a period of one year from the date of purchase for products sold on the Website and manufactured by it.
8.3 With respect to Products that are not manufactured by the Operator, the sole responsibility for all products on the Website and with respect to any information or representations made on the Website as to the nature of the products, including the names of the manufacturers, the nature of the products, the product features, the product images, etc., lies with the manufacturers and/or importers and/or the authorized resellers of the products, in accordance with consumer protection laws and regulations and in accordance with the terms of the warranty and service certificates attached to each product/ service, if attached.
8.4 The Operator shall not be liable for any direct and/or indirect damages and/or harm of any kind whatsoever caused to the Client and/or any third parties as a result of the use and reliance on the content contained on the Website.
8.5 The data and information appearing on the products and on the Website is sometimes provided by third parties, including, but not limited to, manufacturers, suppliers and/or importers, and therefore the Operator will not be liable with regards to the data and information about the products as stated above to the extent that these are products not manufactured by it.
8.6 The Operator makes every effort to ensure that the information on the products listed on the Website matches the product being sold. However, there may sometimes be bona fide errors regarding the details and information about the products as they appear on the Website, and therefore before the product is consumed, the details of each product must be read carefully. In the event that you have been provided, in good faith, with a product that does not match its description on the Website, you may contact the Operator’s customer service center who will handle your crediting for the price of the purchased product and coordinate the return of the product to the Operator. Alternatively, you can also replace the product with another product and receive a credit and/or pay an additional amount depending on the difference between the product received and the alternative product.
8.7 The Operator does not warrant that the links found on the Website, if found, will be proper and/or lead to an active website. The existence of a link to a particular website on the Website does not mean that the content of the website is reliable and/or complete and/or up-to-date and the Operator has no control over such content, and therefore the Operator will bear no responsibility in connection therewith.
8.8 The Operator is not responsible for any damages caused to the Client as a result of a purchase on the Website, including, but not limited to, cases where the purchase including the payment in its regard is made without the Client’s consent and/or incorrect typing of the address for sending the order and/or incorrect typing credit card details; As well as cases of communication failure due to an act and/or omission on the part of telecommunications providers.
8.9 The Operator is not responsible for any damage caused to the Client and/or third parties as a result of the use of the products manufactured by the Operator other than when the product was damaged due to the Operator’s negligence. In this case, the Operator’s liability will be limited and not exceed the amount of the defective product purchased.
9. Intellectual Property
9.1 All intellectual property rights, including moral rights, economic rights, copyright, trademarks, trade names, patents, designs, trade secrets, and any other right in relation to the Website, including, but not limited to, the content, design, editing and manner of presentation and editing of the information appearing on the Website and the Website itself are reserved exclusively to the Operator.
9.2 Without derogating from the foregoing, the Website, the online pages contained therein, the classification, arrangement and presentation of the information, advertisements and mailings sent by the Operator, including the classification, arrangement and presentation of the information and advertisements contained therein and any other form of illustration contained in the Website and the said mailings are the sole property of the Operator.
9.3 The Website’s content may not be copied and/or replicated and/or reproduced and/or used to create derivative works and/or modified and/or adapted, in whole or in part, for the purpose of distribution, publication, presentation, execution, transfer, transmission, making available to the public, sale and/or any other action without the Operator’s prior written consent.
9.4 The User undertakes that he will not publish the content and/or any part thereof, except under the terms set out on the Website. The User also undertakes that he will not publish any product and/or output of the information, whether printed or provided as a file on magnetic media or in any other form and that he will not copy and/or reproduce and/or replicate and/or make derivative works and/or modify and/or adapt the content of the Website, in whole or in part, for the purpose of distribution, publication, presentation, execution, transfer, transmission, making available to the public, sale and/or any other action without the Operator’s prior written consent.
10. Use of Private Information and Security
10.2 Upon the User’s registering on the Website, the User will be asked to choose a username and password as well as provide various contact details. This information is needed so as to allow the User access to his account on the Website. It is the sole responsibility of the User to keep this information confidential, and to update it from time to time so that only the User can use it. The Operator and/or anyone on its behalf will not be responsible for any activity in the User account and/or the User’s personal area by anyone who has used the User’s login information.
10.3 The Operator’s Website is secured through the use of advanced security measures designed to ensure proper use and safe browsing of the Website as well as to protect Users’ privacy. All Users of the Website and its Services undertake that they will not do any activity that could disrupt the activity of the Website, including, but not limited to, theft of user information and the breach of the Website’s security mechanisms. The Operator shall act against any such activity in any lawful manner available to it, including blocking the User from accessing the Website and initiating legal proceedings against the User if such action is taken by him.
10.4 The Website may contain links to external third-party websites that are not the Operator’s responsibility. The Operator does not warrant that links found on the Website and/or within mailings and/or messages that are sent to the User shall be valid and lead to an active Website. The existence of a link to a particular website on the Website does not mean that the content of the website is reliable and/or complete and/or up-to-date, and the Operator will not be held responsible in connection therewith. Without derogating from the foregoing, the Operator is not responsible for any damage, indirect or direct, that is caused to the User and/or his property as a result of the use and/or reliance on the information and content appearing on the websites which he accesses through or via the use or link existing on the Website.
12. Period and Termination
12.1 This Agreement will take effect on the day the User makes any use of the Website, and will continue until the end of use of the Service by the User.
12.2 The Operator may at any time terminate this Agreement in the following cases: (1) the User has violated a provision of this Agreement (or acted in a manner that clearly demonstrates that he intends to do so or is unable to comply with the provisions of the Agreement); (2) the Operator will be required to do so by law (for example, when the Service is or will be illegal); (3) the provision of the Service is no longer economically viable. In such cases, the Operator will, to the extent possible, give the User reasonable notice of the termination of the Agreement.
12.4 The Operator reserves the right to change or discontinue the Service or any part thereof on the Website, without notice. In the event of termination of Service, the Operator shall not be liable to the User or to any third party for damage or loss.
12.5 The provisions on intellectual property and non-liability will remain valid after the termination of the Agreement.
Occasionally, information on our websites may contain typographical errors, inaccuracies or omissions that may be related to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the websites is inaccurate at any time and without notice (even after you have placed your order).
14. General, Jurisdiction and Notices
14.2 The User account on the Website is personal and non-transferable.
14.3 The information and Service is offered to the User as they are AS-IS, and the User agrees and confirms that the Operator, its employees, its managers, its shareholders or anyone on their behalf will not be liable for any damage, direct or indirect, which will be caused to the User and/or a third party related to the user for the use of the information and/or for the User’s reliance on information displayed on the Website.
14.5 Any letter sent to the Operator shall be deemed to have been received by it within 3 business days of its sending via registered mail; Upon arrival if personally delivered to the Operator at its registered address; Or within 4 hours of its sending via facsimile or e-mail until 12:00 on a weekday, when the sender has a confirmation on sending and no message from the Operator is received on failure to receive it.