Articles of Association, Terms and Conditions for Use of Site
Terms and Conditions
You are required to scrupulously read the instructions provided in these Articles of Association, Terms and Conditions of Use as well as the statements concerning terms of privacy, entailed in using the Site, prior to its use, in that these might affect your rights and obligations. If you have opted to use our Website, then you have, perforce, accepted the Articles of Association, terms and conditions stated in this agreement, in full. If the user disagrees with any part of these Articles of Association, Terms and Conditions of Use, the user does not have permission to make any use of this Site or any of the services offered through it, and you are kindly requested to make no further use of any kind of that Site.
- 1. 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.
- 2. 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.
- 3. This agreement also contains and incorporates by reference the statements and conditions regarding privacy matters, issued separately.
- 4. The Articles of Association, Terms and Conditions of use are written in the masculine form solely for sake of convenience, however, all the contents in these Articles of Association, Terms and Conditions of Use are equally intended for and are addressed to females.
- 5. 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 and 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.
3. Use of Website
Access to this Website is free, and it is only intended for your private us5. 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:
- 1. Republish materials and information posted at this Site (including republication on another website).
- 2. Present this Site, or any portion thereof, in public.
- 3. To reproduce, duplicate, copy or make any other use of the materials published in this Website for commercial purposes
- 4. To edit or alter in any manner the content (including code) presented at this Website
- 5. To 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
- 1. 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.
- 2. 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.
- 3. 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.
- 4. 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.
- 5. 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
- 1. 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: firstname.lastname@example.org.
- 2. 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.
- 4. Please report such to the operator by e-mail at this e-mail address: email@example.com. We will endeavor to examine your complaint as soon as possible.
- 3. 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 mad5. 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 Website
- 1. Credit card purchase, at this website, is allowed for users ages 18 and up.
- 2. You may order and purchase products displayed for sale at the Website.
- 3. 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.
- 4. 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.
- 5. Payment will be made with the order and prior to receiving the product.
- 6. 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.
- 7. 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 tim5. Hazorfim does not guarantee that the products displayed at the Site are in stock at any given time.
- 8. Gift Card can be used only once. If a gift card was purchased on sale, then the Gift Card may not be used for any additional sale or reduction of price. The Gift Card may only be used for full price of the desired item.
8. Cost of Products and Shipping
All products displayed at this Website and priced in Israeli Shekel (₪) include VAT [Value Added Tax], while the prices shown in US dollars (USD) are without VAT. Orders whose products are intended to be supplied abroad, do not include VAT while those that are to be delivered in Israel, include VAT.
Unless stated otherwise, the user [making an order] will bear the cost of shipping. The rates of shipping are as follows:
Shipments within Israel:
*Overland shipping, within of purchase conducted up to 1000 ILS, delivery fees of $20. Delivery within 5 days.
*Within of purchase conducted above 2,000 ILS - Free shipping
Shipments outside Israel:
Fast Shipping via EMS 7 - 10 days arrival time:
- 1. Within of purchase conducted up to $750 shipping fees will be: $70
- 2. Within of purchase conducted above $750 - free shipping.
- 3. Shipments via TNT Express Arrival (time 3 - 4 days):
- 4. Shipping fees $200
Shipping insurance will be 0.3% of the purchase amount.
9. Shipping the Products
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.
10. Examination of Products after Receipt
The purchaser shall examine the products that were supplied immediately upon receipt, and will inform Hazorfim within seven 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 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 Deals Made through this Website
- 1. 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 100 NIS, whichever is lower.
- 2. Cancellation of a transaction can be made only by a written notice from the user, informing Hazorfim of the transaction's cancellation.
- 3. 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. Costs of shipping of the product to the customer are not subject to a refund.
A notice as to rescission or cancellation of a deal (purchase) shall be by sending an e-mail to the following address firstname.lastname@example.org . and/or by fax to this number: 972-8-9186644.
Return of items and products will be made to the Customer Service department of Hazorfim, using insured registered mail, at the following address:
- Hazorfim - Customer Service department
- Kfar Daniel, Doar Ha'Merkaz 7312500
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.
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 pre-condition 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:
- 1. 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.
- 2. 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.
- 3. 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.
- 4. 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 and 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
- 1. 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.
- You are not allowed to copy Hazorfim's products in any way whatsoever.
- 3. 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.
- 4. "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 and 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 Sit5. 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.
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.
24. Additional terms
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).
25. Force and 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.