1.1 The web site www.old.arikweiss.com including all content, cellular application and subsidy services (collectively, the “Web Sites”, or “Site”) Is an ecommerce website and a virtually shop for jewelry, Judaica and arts operated by The artist Arik Weiss or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents (“The Site Owner”) address – Gvol Yhuda 6 Kfar Adumim.
1.2 The Website contains relevant information about the products which can be purchased on the Website, messages, notices and updates relevant to visitors, clients and club members.
1.3 The Terms of Service apply to any use of the Website and apply to any use of the website as well as any Purchase of goods and/or services offered by the Website Owner in the Website. The terms and conditions are a binding agreement between the Website Owner and any user. By using the Website, browsing the Website and/or purchasing from the Website you agree to all conditions and provisions set herein this Terms and Conditions.
1.4 If you do not agree with the Terms of Service and Purchase, you cannot use the Website services and / or make any purchases through the Website.
1.5 These Terms of Service and Purchase are subject to amendments.
1.6 You can find the current version of the Terms of Service and Purchase on the Website. By Using the Website, you considered to approve and accept all and any such amendments and changes to the terms and conditions. Such Changes shell not be applied on reservations made before such change and/or amendment.
1.7 All prices on the Website are in NIS currency. The prices include VAT as required by Israeli law and do not include any delivery and or shipment fee that will be charged in addition. The costumer alone will be responsible to any and all payments, taxes and/or fee with regard to any purchase, shipment and/or delivery of the products, including any costume charges. The prices of the products and any shipment/or delivery charges do not include any tax/fees/costume charges of any kind.
1.8 The User, will pay the purchase price set out in the Order. The User’s payment obligation shall arise upon conclusion of the Purchase.
2. Product Sales Policy
2.1 The Website Owner may offer discounts, benefits, and special offers and sales on the Website and via any other communication including but not limited by e-mail. Telephone, text messages. The Website owner may at any time, end and/or change any such special offers and/or its conditions at its sole discretion with no notice needed.
2.2 The Website Owner herby granted the right to send the client a reminder or reminders with regard to uncompleted reservations via an e-mail.
2.5 The Website Owner have the right to limit the Number of Pieces and / or products which can be sold and/or supplied to a private costumer, subject to the Website Owner sole discretion.
2.6 Delivery of any product will be subject to its availability in stock. In case of Shortages in stock, only products available will be delivered. An updated will be sent via client e-mail address and charges will be made with regard to the supplied merchandise only.
2.7 payments for purchasing in the Website will be made only by the following credit cards – Visa, Mastercard, diners (American Express excluded) or via PayPal.
2.8 The User and the Website Owner enter into the Purchase Agreement only upon acceptance of the Order by The Website Owner. The Order is accepted by Website Owner only if Website Owner has provided the User with a notice of acceptance provided to the User by e-mail or print.
2.9 products will be delivered to the address given by costumer through the ordering process or to a pickup point at the client choice during the ordering process.
2.10 delivering and shipment fees will be chard according to the rates mentioned in the website
2.11 in order to place an order, you will be asked to fill a form with your personal information such as: first name, last name, e- mail address, telephone number and delivery address. All such information will be treated according to the private policy of the website owner.
2.13 Order Confirmation will be sent to the costumer e – mail submitted by costumer during the order process, only after payment was approved and fulfilled by the credit card company and/or PAYPAL.
2.14 in case that a payment will not be approved or will be canceled by any reason the order will be automatically canceled. A message about cancellation will be sent via e-mail.
2.15 Website Owner may offer special offers, discounts and sales in the website or via any other communication, including e-mail, telephone, text messages etc. the website owner may at any time and at his soul discretion, change/stop/replace any such special offers with no previous notice needed.
3.1 delivery and shipment will be to settlement in the delivery services coverage only.
3.2 pick up will be available only on pre-described appointment coordinated by telephone no +972545230373from the following address _Gvol yhuda 6 Kfar Adumim. sunday- Thursday.
3.3 the delivery will be made by third party according to rates and delivery options and schedules as specified in the website and accordance to the delivery options choose by the client
3.4 delivery time may be prolonged due to force – major and /or Security constraints or due to reasons that the website owner do not control.
3.5 the website owner will not be responsible to any damage due to any delivery delay and the costumer will not be entitled to any compensation.
4. Right of revocation
4.1 You have the right to revoke this contract and any order within 14 (fourteen) days without giving any reasons subject to the return of the goods unharmed, unused, and in its original package. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier of the order have taken possession of the last goods of the respective order.
4.2 In order to exercise your right of revocation, you must inform us via E-mail: firstname.lastname@example.org or telephone at no 972-545230373 of your decision to revoke this contract by means of a clear statement.
4.3 In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
4.4 Return of the goods may be also made at our offices located Gvol Yhuda 6 Kfar Adumim.
4.5 The client may choose that the goods will be collected from the costumer address subject to extra charge for the delivery services.
5. Consequences of the revocation
5.1 If you revoke this agreement, we will refund you all payments, beside cancellation fee at the cost of 5% of the purchase and maximum 100 NIS, delivery charges and/or charges for goods that weren’t returned and/or damaged, promptly and no later than fourteen days from the date on which we received notice of your revocation of this Agreement.
5.2 For this refund we will use the same means of payment as you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
5.3 You shall return or deliver the goods to us immediately and in any event no later than fourteen days after the day on which you notify us of the revocation of the agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
5.4 In case of a revoke due to defect and/or discrepancy we will refund you, all payments made.
5.5 Website Owner have the right to revoke a client order or part of it, at any time and from any reason.
5.6 A message about such revocation, will be delivered via E-mail: email@example.com or telephone 972-0-545230373.
5.7 In case of revocation made by website owner, the costumer will not be charged for the canceled order.
6. User Accounts
6.1 The Website Owner is entitled to remove, limit, block a User from the Website Services with immediate effect due to any reason. In order to cancel the removal of your account please contact Website Owner via E-mail.
7. Electronic Communications
7.1 When you visit this Site or send e-mails to us, you are communicating with us electronically. We may in our discretion communicate with you electronically, including but not limited to, by posting notices on the Sites or by responding to your e-mail. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7.2 Your e-mail adrees will be used by the Website Owner only and won’t be disclosed to any third party unless authorized specifically by you.
8. User Submissions
8.1 These Terms govern your conduct, your rights, and The Website Owner rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you make associated with the Website Site (“Submission”). When you submit a Submission, you agree to the following:
- your Submission is original, accurate, created by you, and not an impersonation;
- your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
- your Submission does not contain content which infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
- your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
- your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with the Website Owner;
- your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
- Website Owner use of your Submission does not violate these Terms and will not cause injury to any person or entity.
8.3 By submitting a Submission, you grant each of the following to The Website Owner: a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner, without any further notice or payment to or permission needed from you (except where prohibited by law);
8.4 By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, the Website Owner and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of:
- Infringement of this agreement.
- Any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation.
- Infringement of any law.
- Any data and/or submission made or sent by you.
- Any malice act or behavior.
9. Third-Party Links
9.1 The Sites may contain links to other sites on the Internet that are owned and operated by third parties (the “External Sites”). The Website owner has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of the Website Owner. The Website Owner has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that The Website Owner sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
11. Applicable Law and Disputes
11.1 To the extent permitted by law, the Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of Israel. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site (including the purchase of Goods via the Site) shall be resolved exclusively in the Israeli courts in the Tel Aviv District. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
11.2 Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site (including the purchase of Website goods via the Site) must be commenced immediately and within maximum one (1) year after the claim or cause of action arises or shell be canceled.
12. Limitation of Liability
12.1 IN NO EVENT SHALL WEBSITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE WEBSITE OWNER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, GOODS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12.2 If the foregoing limitation of liability is held to be unenforceable, the Providers’ maximum liability to you shall not exceed the amount paid by you for the products or services you have ordered through the Site. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your use of the Site does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any of such rights.
13.1 You agree to indemnify, defend, and hold harmless the Website Owner, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Terms, your use of the Site (including negligent or wrongful conduct) and/or the use of any Site for which you have registered by any other person using your user account.
14. Copyrights And Trademarks
14.1 The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under copyright laws Israeli and others, and is the property of the website owner. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to The Website Owner, or other respective owners that have granted The Website Owner the right and license to use such Marks.
15. Limitation of Liability
15.1 The materials the Site (including any graphics, software, recommendations or other materials) and any materials made available through the Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Website Owner disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Website Owner does not warrant or make any representations regarding the use or the results of the use of the materials and goods in the Site in terms of its correctness, accuracy, reliability, or otherwise. The materials and goods in the Site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. Website Owner undertakes no obligation to verify or maintain the accuracy of such information.
16. No Waiver
16.1 No failure on the part of the Website Owner to enforce any part of the Terms shall constitute a waiver of any of Website Owner’s rights under the Terms whether for part or future actions on the part of any person. Neither the receipt of any funds by Website Owner nor the reliance of any person on Website Owner actions shall be deemed to constitute a waiver of any part of the Terms