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Terms and Conditions

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Terms and Conditions

Terms of Use of “Six Senses Shaharut – The shop” Website General

Welcome to the Six Senses Shaharut – The shop website, engaging in the sale of cosmetic products, furniture, clothing, ceramic dishes etc. as detailed on the website.
1. The owner and operator of the website is the company Negev & Galilee Enterprise Ltd., Co. No. 514012624 (hereinafter: “The Website” and/or “The Website Operator”).
2. The terms of use of the website regulate the relationship between the Website and any person surfing and/or using the Website or the information contained therein (each one of them hereinafter: “The Customer” and/or “The User”).
3. Any use of the Website and the contents displayed therein, including perusal and browsing therein, similarly any action therein including a purchase through the Website, are subject to the terms of useset forth hereafter. A User of the Website is requested to read these terms of use carefully and thoroughly.
4. A User need not agree to these terms of use, however should s/he not agree to them, s/he is required to leave the Website forthwith and not to make any use thereof. The start of use of the Website attests to the User’s consent of the and the confirmation of these terms of use.
5. The use of the Website constitutes the User’s consent to all of its terms unlimitedly and/or without exception and by using the Website the User undertakes that s/he and/or anyone on his/her behalf will not have any allegation and/or claim, directly and/or indirectly, against the Website and/or any of its operators and/or any of its owners and/or any of its managers and/or anyone on their behalf.
6. The wording in these regulations is in the masculine form solely for convenience purposes, however it refers to women and men alike.
7. The titles of the chapters are solely for convenience and orientation in the regulations and will not serve as an aid to its interpretation.
8. The Website may propose changing and replacing discounts and benefits, and furthermore, may at any time stop them without any need for an advance notice and no double offers will be permitted unless stated otherwise by the Website operators.
9. The Website operator may upload content according to the frequency determined by it from time to time at its discretion.
10. The access and use of this Website including but not limited to the use of all the content and/or information and/or services that appear therein from time to time, is subject to the terms of use set forth hereafter and the provisions in the law applicable in the State of Israel.
11. The Website and its content are intended solely for the Customer’s personal use and not for commercial use, and use thereof will be limited solely to the purpose of selling and buying products through them. Do not copy, duplicate, distribute, sell and/or display any product, unless permission to do so was given to you in advance and in writing from the Website operator.
12. Any individual or company executing an action on the Website, including but not limited to a Customer making a purchase, declares, by executing such an action, that it has read these regulations, understood them and its terms and agrees to its terms and provisions.
13. The Customer declares that s/he is competent to execute binding legal actions. In the event the Customer is under 18 years old, s/he must notify his/her legal guardian of the provisions of the Website and the regulations and obtain his approval in advance to execute the actions on the Website.
14. The service provided on the Website is rendered in certain areas of the State of Israel only, defined from time to time by the Website operator, at its sole discretion.
15. The Website operator will be entitled to change at any time and as it deems fit the supply and/or variety of the products and/or the services displayed on the Website and to replace and/or to add to any of the products in the products list or to remove products and/or services from the list and this is from time to time and at its sole discretion.
16. In order to purchase products on the Website, the Customer must perform a process of filling out personal details which are required, inter alia, to send the products to him/her and to pay for them.
17. The Customer undertakes to indemnify the Website operator for any damage it incurs due to providing false details and obstructing the operation of the Website.
18. Pictures of the products displayed on the Website are solely for illustration purposes and are not binding in any manner on the Website operator, since some of the products are handmade and may have minimal differences in the shade of color, size and/or weight of the product, as this appears on the computer screen as opposed to its actual features. The Website operator does its best to minimize such a difference and to display to its customers pictures that reflect the reality insofar as possible. A User of the Website hereby declares that it will not have any complaint and/or claim with respect to this matter.

PLACING AN ORDER
  1. Upon placing an order on the Website, the User will be required to type in basic details including his/her name, address, email address, telephone number and credit card number. For the order to be placed quickly and with no glitches, correct details must be provided otherwise the Website operator cannot guarantee that the order will be placed.
  2. It is stressed that knowingly providing false details may amount to a criminal offense. Civil and/or criminal legal measures may be taken against someone providing false details, including but not limited to torts claims for damages the Website operator incurs due to the operation of the Website being obstructed. 
  3. Furthermore, the information to be provided by the User of the Website will serve, inter alia, to send email messages regarding special offers or updates made to the Website by the Website operator.
  4. Upon placing the order the Website operator will perform a check of the payment method provided by the purchaser, and upon receiving approval of the order by the credit card companies, the User will be given suitable notification that the order was confirmed. It is clarified that the party executing the action will be charged for the cost of the item purchased by him, immediately after completing the placing of the order.
  5. The purchase transaction will only be executed after completing the order process and after the Website operator receives an approval from the relevant entity to charge the payment, according to the work procedures existing between them. In the case where the transaction is not approved by the credit card company, the Customer will receive a suitable notification. Completing the purchase transaction is also contingent upon the fact that the requested items are in stock at the time the order process is completed.
  6. The order will be recorded in the Website operator’s computers and confirmation will be sent by electronic mail of performing the action immediately after the User of the Website completes the execution of the purchase transaction. If a confirmation email is not received, contact the Website’s customer service.
  7. The User of the Website will receive an invoice for the payment made after it is made to the email account s/he inputted at the time of the purchase.
  8. It is clarified and emphasized that sending an email message pertaining to the registration of the order in the Website operator’s computerized system does not constitute proof that the action was completed and an email message being sent does not obligate the Website operator. It is clarified that the Website operator’s computer system records which include a computerized and automatic record of all the actions on the Website constitutes prima facie evidence.
  9. The order details as inputted by the User in the order form and registering the transaction in the Website’s computers will constitute conclusive and final evidence of the correctness of the transaction.
  10. In the case where the transaction is not approved by the credit card company, the User will receive suitable notification pertaining thereto and will be required to submit another form of payment.
  11. In addition to the approval required from the credit card company as stated above, the approval of the order action is hereby contingent upon the requested product actually being in stock in the Website operator’s warehouse on the requested delivery date and/or the order date (even if stated on the Website that the product is indeed in stock). 
  12. If the product is out of stock, the order will be cancelled or replaced, and insofar as the User is interested in cancelling the order – the User will be credited accordingly.
    For the avoidance of doubt, the Website user will not have any claim and/or lawsuit in this respect against the Website operator and/or anyone on its behalf for any type of damage, whether direct damage or indirect damage, that the User and/or a third party incurred, as a result thereof. It is emphasized and clarified that there may be situations in which a certain item appears on the Website as if it is in stock, however in practice that item is not in stock and cannot be delivered.
    1. It is clarified that the information on the Website was written in good faith and cannot be relied upon for such or other purpose, since the Website operator does not guarantee and/or give a guarantee that the information is comprehensive and accurate.
THE QUALITY OF THE PRODUCTS AND LIABILITY
  1. The Website operator will not be liable for any damage (direct or indirect), loss, mental anguish and expenses incurred by any Users, surfers and/or third parties following the use or reliance on any content, information, data, representation, advertisement, product, service and the like that appears on the Website. Any such reliance is made at the sole liability and discretion of the surfer of the website.
  2. It is clarified that the Company will not be liable for any damage that may be to be caused as a result of inappropriate or mistaken use of products.
  3. Use of the website will be at each surfer and user’s sole and full responsibility. Any decision made in relation to contents to be published on the Website is the surfer’s full responsibility. The Website operator does not undertake that the contents published on the Website will be full, correct, legal or accurate or will meet the expectations and demands of every surfer and User. The Website operator will not bear any liability for any result that will stem from them or from the use thereof or from reliance thereupon.
  4. The User undertakes to indemnify the Company and/or anyone on its behalf for any damage, loss or expense it incurs (including legal costs) for a violation of the terms of use and/or law by it.
  5. The Website operator does all it can to maintain that the Website is operative, quick and has no interruptions, however there may be cases that glitches occur that cause malfunctions and faults in the software, hardware and the telephone. The Website operator will not bear any liability for any fault or error due to the use of the Website. In any case the Website operator and/or its employees and/or suppliers working with it will not be liable for any damage and/or loss that the User of the Website incurs and/or anyone on its behalf incurs.
DELIVERING PRODUCTS
  1. The delivery fee will be charged in the following manner:
    a. Home Delivery – the delivery fee for the products purchased on the Website will be a total of no more than 45 NIS, according to the size and weight of the package, and will be added to the price of the items stated on the Website. The delivery fees are for delivery to one destination.
    b. Free delivery in purchasing over 500 NIS on the website.
    c. Collecting a package only from the Website operator’s address, coordinated in advance and free of charge.
  2. It is hereby clarified that the Website operator may change the pricing mechanism of the deliveries and the User of the Website will not have any claim and/or complaint in connection with the delivery price that was charged before the change. 
  3. The Website will deliver the products to the customer via HFD Deliveries and Logistics Ltd., Co. No. 515638807 (hereunder: “The Delivering Entity”) to all parts of the country or any other delivering entity at the Website operator’s sole discretion. The regulations of the Delivering Entity through which the package will be delivered will apply to the delivery of the product via the Website and will be binding upon the Customer.
  4. Upon receiving the order and it being approved by the Website operator, and insofar as the product is in stock, the Website operator will prepare and pack the order within 5 business days of approving the order and will transfer it to the Delivering Entity to deliver it to the consumer within 5 business days and up to 7 business days to unusual areas (according to the list set forth in the Delivering Entity’s regulations) where the arrival times thereto are longer. In exceptional cases during busy periods, delivery times may take longer. 
  5. Insofar as the Customer chooses to collect the package himself, only in full coordination, from the Website operator’s address, the Website operator will prepare and pack the order within 5 business days.
  6. It is clarified that an order placed after 12:00 will be considered the following business day.
  7. To guarantee that the order is placed efficiently and with no glitches, all the details required on the Website must be provided in an accurate and up-to-date manner. If at the time the order is placed, mistaken details are provided, the Website operator cannot guarantee that the order will be received, placed or that the products will reach their destination. In the case where the products are returned to the Website operator due to inputting mistaken details, the Website operator will be entitled to charge the User additional payment for the delivery fees.
  8. In the event an order is received for regions that the Delivering Entity does not deliver to (settlements and villages over the green line which pose a security risk – according to the Delivering Entity’s regulations), the Website operator does not guarantee delivery. 
  9. The Website operator is not liable for the delivery times and delays of the Delivering Entity, however it is available to the Customer to resolve any issue. The Website operator is not liable for delays in delivering the products as a result of events that are not within its control such as glitches, delays, strikes, pandemics, natural disasters, force majeure, wars, emergency situations, faults in the computerized system or the telephone system that hurt the completion of the purchase process, faults in the electronic mailing service, and any delay caused as a result of the coronavirus, including but not limited to lockdowns, restrictions and the like and/or any other reason that are not with in the Website operator’s control.
  10. The Website operator works with a private delivery service company that reaches the Customer’s home upon coordinating a time in advance, take note that the Customer is responsible to collect the delivery in the following manner –
    a. Home Delivery – The Customer who chooses this service must be available by telephone for the delivery company to deliver the package to it and to coordinate his arrival. If the Customer does not answer his telephone due to unavailability/ mistake in the telephone number and/or which he inputted into the Website system, the package will be returned to the Website operator and the Customer will be required to pay the cost of an additional delivery. 
    b. Collection from the Website operator’s address – the customer who chooses this service must collect the package within 7 business days from the Website operator’s address. The Customer is responsible to verify via email that was sent to him from the Delivery Company where the package is and what are the timeframes to collect it. In case the customer did not collect his package, he has the right to cancel his order and to get a full refund only if he had notified the website’s operator by Email and in writing within 7 business days since purchasing date on the operator’s website.  
  11. The Customer is responsible to check the order confirmation that was sent via the electronic mail he provided to verify that there was no mistake in the order. No argument will be accepted that a different item was ordered than the one set forth in the content of the order confirmation.
RETURNS, REPLACEMENTS AND CANCELLATION OF TRANSACTION POLICY
  1. The provisions in this section is subject to the Consumer Protection Law, 5741 1981 (hereunder: “The Law”) and the Consumer Protection Regulations (Cancelling a Transaction), 5771 – 2010 (hereunder: “The Regulations”).
  2. The Customer can cancel the transaction he executed, the credit card used to place the order will be credited accordingly. The credit will be made in the following cases and under the following terms:
    a.The transaction can be cancelled for customers who returned the products within 14 business days of receiving the product.
    b. Cancellation of the order incurs a handling fee of 5% or 100 NIS, whichever is the cheaper of the two. Cash credit will be given pursuant to the provisions in the law. 
    c. In a case of the cancellation of a transaction after the product was sent to the Customer and after the Customer receives the product, full monetary credit will be given less the deduction for the delivery cost and 5% cancellation fee. 
    d. The credit will be given provided that the product is returned undamaged and/or without a defect and provided that no use whatsoever was made of it, including the product being in its original packaging, intact and sealed. Furthermore, the delivery sticker must be printed, or alternatively, affix a note to the package with his full details.
    e. In the event the product is returned not as stated in the sections above, the Customer will not be credited. The costs associated with returning the product will apply to the Customer subject to the Consumer Protection Law.
  3. Without derogating from the provisions in Section 49 above, with respect to the purchase of clothing items, the transaction can be cancelled for customers who return the products only within 48 hours of receiving the product (subject to the Consumer Protection Law). Furthermore, the cancellation right will only be possible when no use was made of the clothing and the label was not removed from it.
  4. The Website operator will have sole and absolute discretion regarding the condition of the returned goods. Items and products that are arrive after any use and/or signs of use cannot be returned and the User will not be credited with the purchase price – all subject to the Website operator’s absolute and sole discretion.
  5. Furthermore, the Website operator may permit the return of products beyond the time set in the Consumer Protection law, at its discretion, and it may stop this mechanism at its sole discretion.
  6. Transactions that were made using a direct card (debit) cannot be credited, and the credit will be by way of a bank transfer.
  7. A transaction cancellation notice and/or change/ replacement of a product  will be made through one of the following ways:
  8. In any case the Customer is interested in replacing a product with another product, he must contact the Website operator’s customer service department.
INTELLECTUAL PROPERTY
  1. All the copyrights, trademarks and intellectual property rights of the Website, including the contents of the Website, its design, and any software, application, computer code, graphic file, text and any other material included in the Website, are owned solely by Website operator. Do not copy, photocopy, distribute, display in public or deliver to a third party one of these.
  2. Do not duplicate, copy, advertise, market, distribute and/or create derivative works of any part of the Website.
  3. The Website domain, the brand name, trademarks (whether registered or not), etc. – all of them are the Website operator’s exclusive property. No use is to be made thereof without obtaining its prior written consent. Any information and/or display that appears on the Website, including graphics, design, wording, trademarks, logos and the preparation and display of these, are owned exclusively by the Website and/or anyone on its behalf. Do not copy, duplicate, distribute, publish or use by any other way the contents that appears on the Website unless the Website operator consented thereto, in writing and in advance and entering the Website does not grant any license and/or right.
TERMINATION OF THE ACTIVITY ON THE WEBSITE
  1. The Website reserves the right to terminate, at any time, and at its sole discretion the activity on the Website and/or to cancel an order of a Customer.
  2. If an order was cancelled pursuant to the Website’s decision, the Customer will be credited for the full amount that was paid.
  3. Insofar as the Website operator terminates its activity and/or cancels a certain order of the Customer, due to an error in the product description, a mistaken price and/or any other reason, the Customer will not have any claim and/or lawsuit against the Website operator and/or anyone on its behalf. Alternatively and beyond the letter of the law, the Website operator may approve the terms of the new transaction at its sole discretion.
MISCELLANEOUS
  1. These terms of use of the Website apply to the use of the Website and the services contained therein through any computer or other communication device (such as a cellular telephone, tablet, handheld pc etc.), and apply to the use of the Website also over the internet and also on any other network or means of communication.
  2. The Website operator reserves its right to change the regulations from time to time, to them or to derogate from them, in relation to the entire Website, part of it, at its sole discretion and this without having to give any warning and/or advance notice. The User is exclusively and fully responsible to be aware of the terms hereafter and use the Website pursuant to these terms at all times.
  3. The Website operator does its best to ensure that the information appearing on the Website is the most accurate information. Nonetheless, it is clarified that certain inaccuracies or errors may appear on the Website, in good faith, and the Website operator will not bear any liability deriving from them or relating to them.
  4. Any behavior and/or conduct of the Website operator in favor of the Website User beyond the use of the Website and contrary to the provisions in the regulations is solely beyond the letter of the law and will not serve or be considered a waiver on its part with respect to the provisions in these regulations.
  5. In the event computer faults occur and temporarily prevent use of the Website, the Website operator will handle them as soon as possible and the Users of the Website will not have any claims or lawsuits against it in connection with events during the period of the faults and the handling thereof.
  6. In any case of an inconsistency and/or conflict between the provisions in these regulations and what is stated in any publication and/or other information published and/or given by the Website operator and/or on its behalf, in connection with the terms of use and the purchase of products through the Website, including in social networks, will supersede the provisions in these regulations, for all intents and purposes.
  7. The Website operator does not undertake to keep an inventory of all the products whose pictures appear on the Website.
  8. The use of the Website’s products are solely the purchaser’s responsibility. The products must be used reasonably and inter alia according to the terms of use appearing on the products. 
  9. The prices stipulated on the Website do not include delivery fees, except specific products with respect to which it was determined on the Website that the delivery price is included in the product price.
  10. The prices on the Website include VAT pursuant to the law and it is clarified that the final price is the price that appears on the page on which the credit card details were inputted.
  11. The law governing the Customer’s order and these regulations is only the Israeli law. Exclusive jurisdiction relating to any matter and dispute is granted to the District Court in Tel Aviv.
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