Articles of Association, Terms and Conditions for Use of Site
a. The Articles of Association, Terms and Conditions of Use herein constitute an agreement setting out the legal contract between you, as an individual or as a different legal entity, and Hazorfim, in connection with this Website, its contents and the services offered by it, as detailed below. b. The Articles of Association, Terms and Conditions of Use are in addition to any other agreement of any kind or type whatsoever that may exist between you and Hazorfim. In any case of conflict or inconsistency between such agreement and these Articles of Association, Terms and Conditions of Use, the specific provisions of the agreement between you and Hazorfim will supersede the provisions of these Articles of Association, Terms and Conditions of Use. c. This agreement also contains and incorporates by reference the statements and conditions regarding privacy matters, issued separately. d. The terms "information" and/or "content" includes information of any kind, including but not limited to, text, textual content, graphics, drawings, paintings photographs and images, and every other type of visual content, audio content, audiovisual content, and their processing, editing, design, and the manner of their presentation, including: videos, animation, characters, computer code or application, database, icons, symbols, products and the like.
2. Changes & Alterations
From time to time and without prior notice, Hazorfim may change or alter the terms and conditions of this agreement. At every visit to the Site one can review the updated Articles of Association, Terms and Conditions of Use. Your continued use of this Website constitutes acceptance of the updated version of the Articles of Association, Terms and Conditions of Use agreement. If you do not agree with the revised edition of the Terms and Conditions of Use agreement, you are required to cease using the Website.
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
3. Use of Website
Access to this Website is free, and it is only intended for your private use. Its use may only be had subject to the within Articles of Association, Terms and Conditions of Use. By logging in and using the Website you manifest your assent and agree to be bound by these Articles of Association, Terms and Conditions of Use. You May not: a. Republish materials and information posted at this Site (including republication on another website); b. Present this Site, or any portion thereof, in public; c. Reproduce, duplicate, copy or make any other use of the materials published in this Website for commercial purposes; d. Edit or alter in any manner the content (including code) presented at this Website; e. Distribute or re-market materials from the Website, except for specific needs for which an express permission was granted by the operator.
4. Website's Availability
a. Though we desire to provide users the best service possible, we cannot guarantee that the services and information offered at the Site would address all the requirements of any and all users. We cannot guarantee that the service we provide will be problem free, nor can we guarantee that the Site will always be available or that the information presented therein will be up-to-date at every given instance. b. With your agreement to make use of the Site, you have released Hazorfim and/or the Site's operator of any and all responsibility and liability (i) regarding the Site's availability, (ii) as to any mishaps, hitches or breakdowns that might either limit or prevent the use of the Site, and (iii) regarding any errors found in the information presented at the Site. c. The Site's operator reserves the right to make changes in the information presented at the Site without the need to provide advance of subsequent notice and without becoming liable in any way as a result of making such changes. d. The operator has the right to halt the Site's activity, whether temporarily or permanently and without the need to provide advance of subsequent notice. e. The operator does not guarantee that the Site's activities and/or the contents presented therein will not be disrupted or affected by third parties, and it will not be held accountable as a result of harm caused intentionally (or maliciously) by third parties and /or due to illegal access to the operator's computers (and other related equipment) and/or to the Site, and/or for damages, breakdowns, malfunctions, software and hardware failures and/or some other type of harm. The operator will bear no responsibility whatsoever to any damage caused to any user or his property as a result of the above-enumerated causes.
5. Abuse of the Site
a. Hazorfim does everything in its power in order to maintain the Site's functioning in accord with the Articles of Association, Terms and Conditions of Use. You are requested to report to the operator any problem you have encountered or noticed at the Site and/or any incorrect information and/or any abusive content and/or any violation of these Articles of Association, Terms and Conditions of Use to this e-mail address: email@example.com. b. Copyrights and privacy rights of the individual are important to us and we will take care not injure such rights. Please report to us about any instance where you are of the opinion that either your rights or someone else's were affected. Please report such to the operator by e-mail at this e-mail address: " firstname.lastname@example.org. We will examine your complaint as soon as possible. c. Hazorfim reserves its right to prevent or limit the activity of any of the Site's users, at its sole discretion, in those events where it will be of the opinion that the user used the Site in a manner that is against the law, in violation of the Articles of Association, Terms and Conditions of Use or in the event that he did not provide correct data and/or in the event that Hazorfim will be of the opinion that the user is in violation of the Articles of Association, Terms and Conditions of Use and/or it acts against the law in a manner that could be, in some way or form, abusive to third parties and or to Hazorfim itself.
6. Products Offered at the Site
The products offered for sale at the Website are those presented on the date the order is made. The pictures of the products at the Website are solely for sake of illustration and are not part of this agreement. If, and to the extent that, a picture is erroneous or inexact, it is agreed nevertheless that, in that context, Hazorfim will bear no responsibility for such error or inexactitude.
7. Orders and Purchase of Products Online through the Site
a. Credit card purchase, at this website, is allowed for users ages 18 and up. b. You may order and purchase products displayed for sale at the Site. c. For the purpose of making a purchase/order of a product, you need to open an account and provide complete and accurate information, including credit card data. d. Payment for ordering and purchasing products can only be made (i) with a credit card or (ii) through the payment service PayPal. Ordered products will not be provided until approval from the credit card provider or PayPal, as the case may be, shall have been provided to the satisfaction of Hazorfim. e. Payment will be made with the order and prior to receiving the product. f. In any case that a user's payment is rejected/not approved for any reason, Hazorfim will suspend that user's account and all purchases that have not been shipped, till the matter is clarified in its entirety. To the extent that confirmation of payment will result in any expenses to Hazorfim, the user will be held liable and shall bear such costs. g. Sale and delivery of products are in accordance with the existing inventory at the time the order is made, and it is liable to change from time to time. Hazorfim does not guarantee that the products displayed at the Site are in stock at any given time.
h. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8. Cost of Products and Shipping
All products displayed on this website and priced in Israeli Shekels (₪), as well as any orders delivered within Israel include VAT (Value Added Tax). Prices shown in US dollars (USD), and deliveries shipped outside of Israel do not include VAT. A VAT form is available upon request for purchases made in Israel and brought out of the Country. Please include in the comment box the name, address, and passport ID of the person collecting the tax and we will supply a form to bring to the airport.
Unless stated otherwise, the customer (placing an order) will bear the cost of shipping.
The rates of shipping are as follows:
Shipments within Israel:
Ship to a Store We'll ship your purchase free of charge to a Hazorfim store of your choice. Pick up when it's convenient for you. See our store locations HERE. · Your purchase will arrive at the designated store within 2-6 days of placing your order. · You will receive an email when your purchase arrives at your chosen location. · You have 30 days from the day we sent the email to pick up your purchase. Ship to your door Purchases of up to $500 - $20.00 standard shipping Purchases above $500 - Free standard shipping For expedited shipping options, contact us Delivery will arrive within 7-14 business days.
USA Shipments Purchases of up to $200 - $17.99 standard shipping Purchases above $500 - Free standard shipping Purchases between $200 - $500 - $12.99 standard shipping For expedited shipping options, contact us 3rd day shipping - $35.95 Insured shipping (based on availability) Overnight shipping- $55.00 Insured shipping (based on availability)
International Shipments Standard Shipping via EMS, 7-14 business days arrival time Purchases of up to $200 have a shipping fee of $49.99 Purchases between $200 - $500 Purchases above $500 - Free standard shipping Shipments via TNT Express (arrival 3 - 4 days) - Shipping fees $200 (Does not include Torah Cases and Etz Chaim).
All purchases are shipped with basic insurance included in the cost.
9. Shipping the Products
While we try to expedite as best as we can and have all orders arrive within the timeframe listed here, there are some factors that may cause that to change: · Delays in credit approval · Weather delays · Engraving orders (additional 5 days) · The time needed to create your personalized and special ordered items · Items shipping from different locations Hazorfim will make every reasonable and logical effort to meet the delivery deadlines delineated in this Website, however, Hazorfim will not be held responsible for a failure to meet such deadlines. The buyer hereby waives any claim or demand he might have against Hazorfim due to a delay in delivery of products. In addition, Hazorfim will not be held responsible for any delay in shipping or failure of delivery in those cases where the cause is due to incorrect or imprecise data provided by the user, or due to action or inaction of suppliers of shipping or delivery services.
The carriers that may be used include the U.S. Postal Service (USPS), United Parcel Service (UPS), FedEx, EMS. Occasionally, we need to send your order in two or more shipments. Our shipping charge applies only to the first package shipped. There are no additional shipping charges for subsequent shipments for the same order.
10. Examination of Products after Receipt
The purchaser shall examine the products that were supplied immediately upon receipt, and will inform Hazorfim within seven (7) days of such receipt, of any defects therein. The buyer will be considered to have accepted the products, despite any defects therein, unless he informs Hazorfim in writing within seven (7) days after delivery of his unwillingness to accept a given product in its condition. In the event that he fails to do so within the apportioned time, he will thus have waived his right to make any claim in this context.
11. Return of Products and Cancellation of Orders Made through this Website
a. Our policy regarding transaction rescission (or cancellation) and the return of products purchased through the website is subject to the Israeli Consumer Protection Act (1981) and Consumer Protection Regulations (rescission of a transaction) (2010). Be that as it may, an order can be cancelled within 14 days of the date of the transaction, subject to payment of a cancellation fee of 5% of the product's price or a payment of $30, whichever is lower. b. Cancellation of a transaction can be made only by a written notice from the user, informing Hazorfim of the transaction's cancellation. c. In the event that a cancellation request was made after the product was sent, the transaction can only be rescinded in accordance with the requirements of Section 11(a), above, and only if the product was sent back by the buyer at his own expense within 14 days of the date of purchase, the product is intact, was not used, is in its original packaging without having removed its labels and/or markings of any kind. Shipping costs to the customer will not be refunded. To avoid any doubt, the condition of the product will be determined by Hazorfim at its sole discretion.
We cannot accept any returns or exchanges on any personalized engraved items. Costs of shipping of the product to the customer are not subject to a refund. A notice as to rescission or cancellation of an order (purchase) shall be made by sending an e-mail to the following address email@example.com.
Return of items and products will be made to the Customer Service department of Hazorfim, using insured registered mail, to one of the following addresses:
Hazorfim - Customer Service department Kfar Daniel, Doar Na Merkaz 7312500, Israel
Hazorfim LTD 4424 13th Ave Brooklyn, NY 11219
Products can always be returned by personal delivery to one of Hazorfim chain stores. All costs of shipping, taxes, insurance and the like, which costs may be related to the return of such products, will be born in their entirety by the purchaser. All returns are subject to a 10% restocking fee. This fee will be deducted from the total amount paid
Preparing Your Return To return a shipped item to Hazorfim, please follow these steps. · Indicate the reason for your return by emailing Hazorfim@hazorfim.co.il · Pack your return securely, in the original package, and include your invoice. · Ship your package insured for the full purchase price. · Send your tracking number to our email address so that we can know when to expect your package. Hazorfim isn't responsible for merchandise that's not received or not returned in accordance with these terms.
Refunds: An email will be sent to confirm receipt of your package. Refunds are in the form of original payment, such as the credit card used for the order. If the refund is applied to your credit card, your credit card company may take up to 10 additional business days to post the refund to your account. All returns will be inspected by our Quality Assurance team before we can process a refund. We'll credit your original payment method, excluding delivery charges, within three weeks of receiving your return Refunds may be subject to a 10% restocking fee. *All costs of returning items will be incurred by the customer (shipping, taxes, insurance, etc.)
Exchanges: Contact Us to order a replacement item. This ensures you get the item you want. (Need to find the right item first? Start browsing.) Return the item using the directions above. Once received we will send you a coupon for your total refund that you can use towards your purchase.
12. Product Warranty Terms and Conditions
Hazorfim warrants the quality of its 925 sterling silver and the finishing work of Hazorfim products that bear its seal. A precondition to the validity of such warranty is the proper use of the products, according to Hazorfim's instructions, as detailed in the relevant manual for maintenance and use of a given product. Hazorfim's warranty of the use of products presented and sold through this Website is subject to the terms and conditions of the within agreement, and, furthermore, is limited as follows: a. Hazorfim will not be held liable for any loss or damage of any kind whatsoever caused as a result of the use or ownership of any product purchased through the Website. b. Hazorfim will not be held liable for indirect or consequential damage, loss or any specific damage caused as a result of the use or ownership of any product purchased through the Website. c. Hazorfim will not be held liable for any loss of profit, revenue, return or benefit that may have been caused as a result of the use or ownership of any product purchased through the Website. d. Hazorfim will not be held liable for any direct or indirect damage or harm arising from improper use of any product purchased through the Website (e.g., use or maintenance done in derogation with the instructions in a use and maintenance booklet). Hazorfim warranty will be valid only together with warranty certificate containing authentic signature and seal of Hazorfim and either an invoice or valid proof of purchase.
13. Limitation of Liability
In the event that a product is not free of defects, the sole relief accorded the buyer, as set forth in the warranty, will be the replacement of the product, in the manner provided by the conditions herein-above. And, in any event neither Hazorfim nor any of its employees and/or its office-holders may be held responsible for specific damage whether direct, indirect, incidental or consequential, single or multiple, arising from the use the buyer may have made of or with the product. In any case, Hazorfim will not be liable to the buyer, as and to the extent provided by the applicable laws of contracts, torts or any other law in effect at the time, beyond the amount paid by the buyer for the product(s). Hazorfim's warranty and any exceptions thereto, will apply if and when a damaging occurrence might take place whether it is interpreted as one caused by a breach, representation, liability or a basic term or condition of the agreement between the parties (i.e., purchaser and Hazorfim). Subject to any applicable law, Hazorfim will have no liability in any event due to any demand, loss, damage, judgment, costs, expenses, or liability of any kind whatsoever, brought about either directly or indirectly by any injury to a person or property resulting either from ownership, possession or use of any of its products.
You hereby agree to indemnify Hazorfim for any loss, damage, costs, liability, or expense, including, but not limited, to legal fees & costs and any other sums paid by Hazorfim to any third party in the event of a settlement of a claim, demand or suit and in accordance with legal counsel and advice, and resulting from or caused by any breach of this agreement by you.
15. Breach of this Agreement
Without prejudice to or waiver of any other relief to which Hazorfim may be entitled by law or agreement, in the event that you breach this agreement, its terms or conditions, Hazorfim may, at its discretion, pursue against you any legal action it would opt for, including blocking you from logging in to this Website, blocking computers bearing your IP address, contacting your Internet Service Provider (ISP), requesting to have you stopped from accessing the Website, and even undertaking legal action against you.
16. Force Majeure
Hazorfim will not be held liable for failure to deliver the products due to unforeseeable circumstances that are not subject to Hazorfim's control, including but not limited to, acts of God, war, riots, embargoes, civil or military disobedience, fire, floods, accidents, strikes, shortages of raw materials or means of their transport, shortage of fuel or other energy resources, or manpower shortage. In the event of a delay due to any of the above circumstances, and like such, Hazorfim will be entitled to postpone execution of its obligations for a period equal to the time when there was a force majeure delay as such is delineated above.
17. Property Rights and Intellectual Property
a. Hazorfim has each and every legal rights to and in its products, including ideas, technology, designs, practices, patents, trademarks, trade designs, trade secrets and appellations and all intellectual property rights or other proprietary rights related to the products, including those used in the design or manufacture of Hazorfim's products. b. You are not allowed to copy Hazorfim's products in any way whatsoever. c. All copyrights and intellectual property rights including the name and trademarks, the Website's design, product design, trade secrets and trademarks in contents created by Hazorfim and / or to its order, visual depictions, product information, and, any software, application, computer code, graphics, text and any and all other materials contained therein, are in sole ownership of Hazorfim. It is prohibited to copy, distribute, publicly display or transfer to any third party any part or portion of the foregoing, without the prior written consent of Hazorfim's management. d. " Hazorfim " is a trademark of the operator. No use may be made of this trademark or one similar thereto.
18. Posting Updates and Promotional Information
In the event the user has given his consent, the Site's administrator may cause messages to be sent either by e-mails and / or by regular mail and update him on new services, products, contents and provide him with marketing information, whether the source of information is the Website itself, or other advertisers. The Site's administrator will not transfer the user's information to any third parties unless the user has given his consent. The user may revoke this consent and cause the cessation of e-mail or regular mail transmission to him at any stage and at any time.
19. Applicable Law
This agreement is subject to the laws of the State of Israel. Regardless of any legal provisions or instructions to the contrary, any claim, action, or legal proceeding that arise from the relationship formed due to this agreement and any dispute and/or disagreement regarding these terms and conditions and/or the Site, if and when such may arises, will be adjudicated exclusively in Israel according to the laws governing conduct in the State of Israel, in the courts of law located in the Tel Aviv judicial district.
20. Waiver of claims
Delay in pursuing legal avenues and proceedings, regardless of the length of delay, and any failure to fully pursue legal and other rights shall not constitute a waiver or the foregoing of Hazorfim's rights; a waiver of any right to any part of a legal process does not require or compel Hazorfim to forego the same in any other or subsequent proceedings or those arising from former proceedings in any court.
21. Terms' Updates & Changes
Hazorfim, from time to time, may update these Articles of Association, Terms and Conditions of Use and/or the privacy terms in relation to services provided via this Site, and the terms of sale and delivery of products. The amended terms will apply to the use of the Website from the time of publication of a given update at the Site. You should regularly check and make sure that you are aware of the current terms and conditions of the agreement.
22. The Legality of the Agreement in the Event of Unlawful Provision
In the event that any provision, be it any condition or stipulation, in this Agreement shall be determined by a court of law with valid jurisdiction or some other competent adjudicative body to be unlawful or unenforceable, the rest of the terms and conditions of this Agreement shall remain in force and enforceable.
23. Force & Effect
This Agreement shall become effective and be in force, and will be binding on the parties, their successors and any of their attorneys in fact.