1.1 The Company’s site (hereinafter, the “Site”) is an internet site comprising an ONLINE store for the sale of products and services to consumers in Israel. The owner and operator of the Site is the company 514051457 p.c. “sharon brunsher ltd.” (hereinafter, the “Company”).
1.2 Operating on the Site means any action of purchasing products and/or other services offered on the Site, to the extent offered (hereinafter, the “Action”).
1.3 These Regulations are written in the male gender, only for the sake of convenience, and should be viewed as applying also to the female gender.
1.4 The provisions of these Regulations will apply to any Action carried out by you on the Site, and will constitute the legal basis for any issue between you and the Company. Pursuant to which, you are requested to read these Regulations in full and with care. Surfing and/or any Action on the Site constitutes your consent and agreement to conduct yourself in accordance with the Regulations, and accordingly, if you do not agree to its conditions, you are requested not to make use of the Site.
1.5 It is emphasized that any person performing an Action on the Site, is declaring that he is aware of the Site Regulations and the rules of participation on the Site and their acceptance, and that neither he, nor anyone on his behalf, will have any claim and/or suit against the Site owners and/or its operators and/or anyone on their behalf other than claims relating to a breach of the Site owners’ and/or operators’ undertakings according to these Regulations and rules of participation.
1.6 The Company reserves the right to change the Regulations from time to time at its exclusive discretion and to do so without the requirement of giving advance warning and/or notice.
1.7 The User agrees that the Company’s computer registrations regarding Actions performed through the Site, constitute prima facie evidence of the correctness of the Actions.
1.8 Pictures and designs of the products appearing on the Site are solely for the purpose of illustration and are not binding on the Site’s management. It is agreed and declared that the Company will try, the best of its ability, to present Site users with accurate pictures and information of the products to the extent possible.
1.9 The Company does not undertake to carry inventory of all the items, models and/or clothing that are depicted on the Site.
1.10 The Company does its utmost to verify that the information appearing on the Site is as complete and accurate as possible, but it is clarified that, in all good faith, inaccuracies and errors may appear for which the Company has no liability for anything relating or connected thereto.
1.11 The Site management may update product prices and delivery charges on the Site from time to time, without being required to give prior notice. The price applying to an order that is placed, is the price that appears at the time at which the ordering process is completed (including sending credit card details). If we have updated prices prior to the completion of the ordering process, the user will be debited on the Site with the updated prices.
1.12 The Site management may offer special promotions, bonuses and discounts on the Site. The Site management may, at any time, to discontinue the special promotions, bonuses and discounts, to substitute them or to change them, without being required to give prior notification thereof.
1.13 The Site usage conditions apply to the use of the Site and its services including through any computer or other communications device (such as a cellular phone, palm-top computers of different kinds, etc.). They also apply to use of the Site either by internet connection or by any other network or system of communications.
1.15 The Company does not undertake that the prices of the items on the Site are cheaper than the prices of items at points of sale and the Site prices should not be relied on as though the Company was undertaking to offer cheap prices.
2. The right/eligibility to use the Site
2.1 Anyone who fulfills the following cumulative conditions, may participate in the sales process in order to perform Actions on the Site – including making purchases:
2.1.1 The user is qualified to implement legally binding transactions. That is to say – the user declares that he is 18 or more years old.
2.1.2 The user has a valid credit card which was given to him legally by one of the credit card companies operating in Israel.
3. Sales Method
3.1 The Company will allow you to buy various products and services through the Site.
3.2 A product or service that is offered for sale and the selling price, appears in respect of each such offered product or service, on the “Action Page”, (hereinafter the “Action Page”).
3.3 In order to place an order for a product or service, you should begin by choosing the product or service, including size, color and quantity. After that, you need to enter your basic details, such as name, address, email address, phone number and credit card details (hereinafter the “Order Form”), and then change the usage mode to “implement an Action”. In order for the ordering to be carried out quickly and smoothly, you should take care to provide details that are correct, as otherwise, we cannot guarantee that the order will be carried out. If incorrect details are provided when placing an order, the Company cannot guarantee that the products will reach you. If the products are returned to the Company due to incorrect details, the customer will be charged with the costs of delivery and handling. You should ensure that you provide details that are accurate and up to date.
Deliberately providing false or unauthorized information is likely to constitute a breach of the law.
3.4 After an Action has been carried out, the credit card details will be verified by a clearing company and after confirmation has been received from the credit company and the customer has carried out the CHECK OUT Action, a corresponding notification will be given that the Action has been approved, and it is emphasized that the purchase transaction will be complete only after the Company has received confirmation from the credit card company that the transaction has been charged in accordance with the current procedures that apply between the credit card companies and the Company. A confirmation of the fact that the purchase transaction has been completed will be sent by email within 48 hours from the time of the order being approved.
3.5 The Site uses PCI-DSS standard encryption code and the Company will not be liable for damage of any kind whatsoever, direct or indirect, which is caused to a customer or anyone on his behalf, if such information is lost or comes to the attention of a malign third party and/or if unauthorized use is made thereof .
3.6 It is clarified and stressed that the sending of an email does not constitute evidence of an Action having been carried out and does not bind the Company. The data on the Company’s computer data-processing records which provides a record of all transactions carried out on the Site, constitute prima facie evidence of everything stated in the records.
3.7 The cost for carrying out the Action with respect to purchasing the product or service by the customer, will be debited to the credit card after the Action has been carried out.
3.8 And it is emphasized that deliberately providing false information is likely to constitute a criminal offense. Civil and/or legal measures could be taken against anyone providing false information, including claims for punitive damages for damage caused to the Company pursuant to a disruption of the sales procedure.
3.9 In any event of a transaction not being approved by a credit card company, the person performing the action will be notified accordingly. To complete the purchase, the person performing the Action will be required to contact the Company’s customer service department by phone in order to arrange for the credit card company to approve the transaction being carried out. It is clarified and stressed that the placing of an order and the purchase made thereby, will only be considered as finalized when the credit card details and payment approval of the person performing the Action, and the credit card company, have been verified. In that case, the delivery date will be calculated only from the time at which the transaction is approved by the credit card company. Without final approval from the credit card company to confirm the transaction, the order will be cancelled and the Company will have no obligation towards the customer in any manner whatsoever, including not having to keep the product in its inventory.
3.10 The purchase can be completed by providing credit card details to the Company’s order department by phone. In this event the order process will be considered as finalized only after the person performing the Action has provided credit card details and the credit card company has given its confirmation. In that case, delivery dates will be calculated only from the time at which confirmation is received from the credit card company. It is clarified and stressed that if the customer chooses the option of making contact by phone in order to provide credit card details, and does not contact the Company by phone and/or through email, within 7 days from the date of his application, the Company will be entitled to cancel the order.
3.11 Confirmation of the implementation of the order and of the Company’s undertaking to supply it, are conditioned on the product being in the Company’s inventory on the date of the requested supply and/or on the date of the order. It is clarified, even if not stated, that if the product is not in stock and has not been removed from the Site, by the of placing the order, the Company will not be obligated to sell the product and the customer will have no claim and/or demand in this regard for any damage, whether direct or indirect which is caused to the customer and/or to any third party. Nothing stated in this section shall derogate from the Company’s duty to refund to the customer any amount paid to the extent that it is actually paid, to the Company or to cancel the amount owing to the extent implemented. It should be stressed and clarified that there may be circumstances in which – despite a specific item being shown on the Site as being in stock, in practice there is no inventory and the product cannot be supplied – in which circumstances, the transaction will be cancelled and the customer will have no claim in regard thereto, subject to the refunding of the amounts paid by the customer to the Company.
3.12 The Company reserves the right to deny access to sales and/or to cancel the participation, of surfers whose behavior is inappropriate or is contrary to the rules of participation or of anyone attempting to disrupt the normal procedure for sales on the Site.
4. Sales System
4.1 Selling on the Site is by an ordinary system of selling for all intents and purposes. An ordinary system of selling is the sale of products at a predetermined price until inventory is used up. The user chooses a product and makes a purchase in accordance with the Site instructions.
5. Dates of supply, carriage and delivery
5.1 The Company will ensure that every product purchased by a customer on the Site, is supplied to the address in Israel that is registered at the time of making the purchase. The Company will act to supply the products or services in accordance with the terms of delivery set out on the Action Page for the products or services. The Company only undertakes to make a supply if a product has been paid for in full by credit card as detailed as follows.
5.2 The Company will not be liable for any delay or hold-up in supplying and/or not supplying, that is caused by force majeur and/or events beyond the Company’s control, including, strikes, closures, etc.
5.3 In areas to which access is limited from the point of view of security, the Company is entitled to supply the products to customers at a location that is acceptably close by, as will be coordinated in advance with the customers.
5.4 The purchased product will be supplied through a delivery firm to the customer’s home within seven business days. All shipments are subject to delivery fee that will be added to the customer's account, unless otherwise provided by the company.
The fee for the delivery of each package valued under₪ 249 - is 19 ₪ per package.
A Package valued over₪ 249 will be free of delivery charge.
Return pickups from customers address (collection) in case of return or exchange an item, will be free of delivery charge.
In the case of split packages the tariffs will apply in relation each package value. In the case of splitting the order was at the initiative of the company, shipping rates apply depending on the total order value performed by the customer.
Customers are welcome to pick up their orders without incurring any fees at the pickup address provided by the company at time of ordering.
The Company reserves the right to update the shipping rates from time to time in its sole discretion.
5.5 The delivery date of the products/services specified on the Action Page is working days counted from the date of order, which is the date on which the transaction is approved by the customer’s credit card company (Sunday to Thursday, and excluding Friday, Saturday, the eve of Festivals and the Festival days themselves). The Company odes its best to bring forward the delivery date and/or to match it with the client’s needs, this, subject to the policies of the delivery firm.
5.6 And it is stressed that in any event of a request to cancel the transaction after the product has already been dispatched, this is subject to the person performing the Action returning purchased the item/items in their original packing, being intact and without harm, damage, defect or impairment of any kind whatsoever, b y means of a carrier, at the customer’s expense, to the Company’s order center.
6. Customer service
6.1 For questions regarding the Site products, we invite you to approach the Company’s service representatives.
6.2 Details of the manufacturer or importer will appear on the product that is dispatched to you. Where the information is not available, you can contact the Company by phone, fax or by email to customer service.
6.3 For further details regarding the Site and its operations, you can approach the Company’s customer service by email at firstname.lastname@example.org
6.4 Our customer service representatives will gladly be at your disposal for any question regarding the purchasing process and for any other subject that make the make the buying process, enjoyable, simple and speedy.
7.1 The person taking the purchasing Action may cancel the transaction in accordance with the provisions of the Consumer Protection Law, 5741-1981 (hereinafter, the “Consumer Protection Law”), as set out hereunder, other than for the purchase of the specific items set out in section 14(c)(d) of the Consumer Protection Law, when the instigator of the Action may not cancel. cancel the transaction.
7.2 Cancellation of the transaction/sale by the customer prior to the product being dispatched:
7.2 In the event that the customer wishes to cancel the transaction/sale, he may do so by a phone approach to the customer services or by approaching the Company’s customer service by email to email@example.com without any obligation.
8. Cancellation after dispatch of the product
8.1 In the event that the customer wishes to cancel the transaction/sale, he may do so by approaching the Company’s customer service by email to infostoryonline.co.il within 14 days of receiving the product.
8.2 Returning or replacing the product is subject to the product being intact and not having been made use of or having been personally adapted for the customer and always providing that the labeling/ticketing has not been removed from the product and that the product is in its original packaging and carton in which it was supplied. Subject to the conditions detailed above, the Company will provide a full refund, without cancellation charge if the product is returned by the customer. However, giving a refund is limited to 3 successive product returns.
9. Cancellation due to damage or failure to comply with the items shown on the Site
9.1 The customer must check the product immediately upon its arrival. To the extent that the customer receives a product that is defective, or if the specification of the product differs from the specifications published on the Site, the customer may cancel the transaction within 14 days from the date on which the product is received, by a notice of cancellation by email to firstname.lastname@example.org, to the Company’ customer service, all in accordance with the provisions of the Consumer Protection Law, 5741-1981.
10. Cancellation of the sale by the Company and terminating activity on the Site
10.1 In any event in which – due to force majeur – the Company is unable to operate Site normally, to supply products or to fulfill all of its obligations, the Company will be entitled to cancel its agreements with buyers, in whole or in part. In this section “force majeure” signifies that which accepted in law, including computer failure, failures in the phone system or failures in any other system of communications, delivery and security occurrences.
10.2 To the extent that factors and/or events which are not under the control of the Site owners and/or operators, delay and/or prevent the fulfillment of a sale of products and/or services, for any reason, either in whole or in part, and in any way whatsoever, and/or the supply of products and/or the supply of the services advertised on the Site, on the dates that have been determined, and/or if there are problems with the computer and/or the phone system and/or any other communications element in the completion of the purchasing process, one way or the other, of whatsoever nature, and/or if – due to hostile actions and/or any other factor of force majeur – the process of ordering products and/or services is in any way delayed and/or impaired, including by way of a standard sale or supply of products and/or services, and/or if changes apply to the rate tax and/or become applicable to the products and/or services between the date of advertising the product and/or service for purchase and between the planned date of supply according to the terms of the purchase of the product and/or service, the Site may cancel the agreement with the customers, in whole or in part, and/or to terminate activities on the Site.
10.3 Without derogating from the aforesaid, if it is discovered after a sale has been completed that the product and/or service is out of stock, the Company is entitled to cancel the sale or to offer an alternative product of equal value. If a sale is cancelled as stated, the Company will not be liable and will not be responsible for, any direct or indirect damage and/or any general or special expense caused to the user or to any third party.
10.4 In the event that there is an error in the printing of the description, the price, the payment terms or the illustration of the product/service, or in any other printed material, or in any data received from the person making an offer, the Company may cancel the specific purchase and give the customer a full cash refund.
10.5 It is hereby clarified that the provisions of the Consumer Protection Law 5741-1981, applying and in force on the transaction date are binding provisions even if there is an indication to the contrary in these Regulations or on the Site.
11. Liability and service
11.1 The Company and/or the Site management and/or anyone on their behalf will not be liable and will not bear any responsibility for any damage – direct or indirect – general or special costs – caused to the user and/or to a surfer and/or to anyone placing an order and/or to a third party as a result of use or purchasing on the Site, that is not in accordance with these Regulations – if there is a ground for a claim of any kind, including lose of revenue and/or loss of profit caused for any reason whatsoever, then the Company reserves the right to cancel the particular order.
11.2 An error in the written description of the clothing will not be binding on the Company and/or on the Site management.
11.3 Pictures of the products on the Site are intended for the purpose of illustration only and there may be differences between the pictures shown on the Site, in whole or in part, and the products actually sold.
11.4 In any event, the Company will not liable for any amount that exceeds the value of the clothing/product that is purchased, or for any direct and/or consequential damage.
11.5 The Company is not liable for any usage that the customer makes [of the Site] that is not in accordance with the instructions of the manufacturer and/or the Company including laundering or making other use of the clothing or accessories that are sold on the Site.
11.6 The Site management will not be responsible for any delays in the supply of the products caused by events that are beyond its control, such as accidents, hold-ups, strikes. Natural disasters, failures of the computer system or in the phone system which impacts on the completion of the purchasing process or failures in the email service.
11.7 The Site will do its utmost to supply quality goods on the requested day. If the customer believes that the products or services purchased through the Site are affected by any sort of defect, the customer is invited to contact the customer service department on telephone number, 03-5330911, or by email to email@example.com, and the management will deal with your approach as quickly as possible.
12. Intellectual Property
12.1 All intellectual property rights in the Company, including patents, production rights, patterns, organizational and commercial secrets, are the exclusive property of the Company. These rights apply, inter alia, to the Company’s site’s graphic designs, the data base which contain (as well as product lists. Description of products etc.) the Site computer code, its internet address and every detail relating to its activities.
12.2 No information from the Site whatsoever must be copied, duplicated, distributed, marketed or translated (including trade marks, photographs, texts and computer code (without obtaining the Company’s prior, specific permission in writing).
12.3 No commercial use must be made of the data which the Company publishes, of the Company’s data base, of the product lists appearing therein or of other details issued by the Company, without obtaining the Company’s prior written consent.
12.4 The Company approves the publication of data from the data published on the Site, on other third party sites, provided that the source of the information is protected and that it is clearly indicated that the photographs were taken from the Company’s site. The Company will be entitled to tell a user to remove any advert or information of which use is made in such a manner that the Company’s interests or property are harmed.
12.5 The Company allows the Site to be shown within a Frame, exposed or hidden and to link with pages contained therein (“Deep Link”), or to link to the home page only. The Company will be permitted to instruct a user to remove information of which use is made in such a manner that the Company’s interests or property are harmed.
12.6 The Site is not to be presented in a format or with a graphic interface that differ from the format designed for it by the Company, without obtaining the [Company’s] prior written consent
12.7 The company name and the trade name (the Company) of the Site, the Company trade marks (whether registered or not), the Company’s name and its trade marks are all the exclusive property of the Company. No use may be made of them without obtaining the prior written approval therefor.
12.8 Icons of all information and/or display appearing on the Site, including graphics, formatting, displayed text, trade marks, logo, and the editing and presentation of such, is the Company’s exclusive property. Any use of this property of the Company will be made solely in accordance with these Regulations.
12.9 No use shall be made of any trade mark or product design or pattern appearing on the Site or in pictures appearing on the Site which are protected intellectual property, both by virtue of Israeli law and by virtue of international conventions to which the State of Israel is party.
13. Maintaining the confidentiality of data and details of the user.
13.1 Providing personal details on the order form is done with the consent and agreement of the customer. Completion of the details bears witness to the willingness of the customer to provide them. The purpose of providing the personal details is to enable the Company to supply the products and services to a customer and to learn from the customer to be scrupulous regarding the purchasing or the products or services.
13.2 The Company undertakes not to make any use of the information without consent unless required to do so under any law or to prevent abuse. The Company will allow access to the information solely to those employees requiring the information in order to grant services.
13.3 The Company takes acceptable precautionary measures in order the preserve the confidentiality of the information to the extent possible.. Every transfer of a credit card number from the Site is done in an encrypted manner in accordance with Standard PCI but if there were circumstances beyond the Company’s control and /or arising from force majeur, the Company would not be liable for any damage of any kind, direct or indirect, caused to a customer by the loss or unauthorized use of [such information],
13.4 When registering for the Site and when ordering products, the Customer will be asked to provide his genuine personal details, including: given name, family name, phone number, area, street, house number, apartment, floor, entrance, comment and information regarding what a courier should do if the address is not [the customer]’s] home. For the purposes of data protection and protecting the customer’s privacy, your method of payment details will not be kept on the Site management’s data base, and will be kept solely for the purpose of completing the order for the product you have selected. The fields specifically marked must be completed. Without providing the requested details in the mandatory fields, you will not be able to make use of these services.
13.5 It is possible when surfing or taking an Action on the Site, including: reviewing the product range offered for sale on the Site, that details of your review will be noted automatically by the computer. These details are used by the Company for control purposes and to improve the Company’s management and marketing with its customers.
13.6 Some on-line services require registration. Within the registration process, it is required that a user name and password be chosen at the time of using the Site. The Site management may determine from time to time additional or other ways of identification. Keep your user name and password secret so as to avoid misuse. Clients are asked to pay strict attention to the need to change passwords as frequently as possible.
13.8 to enable the customer to use the services on the Site;
13.9 to identify the customer in the process of re-accessing the Site;
13.10 to improve and advance the services and designs offered on the Site, including creating new services and designs that conform with the demands and expectations of the Site users and to amend or cancel current services and designs. The information that the Site management will make use of for this purpose, will, in general, be statistical information that does not identify the customer in person;
13.11 to enable users to match the Site services to their preferences;
13.12 to enable the Site management to make contact with a customer and to send him by email, from time to time, information regarding the management’s services and products on the Site, as well as advertising information and information relating to other products and services. Information such as this will be sent to you in accordance with the consent specifically given by the customer during the Site registration process or at any other time. The customer can cancel his consent at any time and stop receiving approaches and advertising material from the Site management.
13.14 To enable contact with customers as required;
13.15 To enable analysis, supervisions and the dissemination of statistical information to third parties. This information will not identify customers personally;
13.17 The Site management will not transfer to third parties the customers’ personal details and the information collected on their activities on the Site unless in the following circumstances:
13.18 To the extent required to maintain the proper supply of the Site services and for the implementation of the objectives of using the information as detailed above, to the extent required:
13.19 If the customer is in breach of the terms of usage and purchase on the Site, or if the customer implements actions on the Site or in connection therewith, actions that are predicted to be illegal or as an attempt to perform such actions;
13.20 If the Site management receives a judicial injunction instructing it to provide details of a customer or information regarding a customer to a third party; for the avoidance of doubt, the Company is not obligated to resist any request in an injunction that requires it to provide details regarding a customer to a third party.
13.21 In any disagreement, claim, suit, demand or legal proceeding, should there be any, between a customer and the Site management;
13.23 The Site management is entitled to provide and share anonymous information, totals and statistics, with other companies or organs that are related to the Site management as well as with suppliers business partners, advertisers and any third party at its sole discretion, but there will not be disclosed to them intentionally or purposely, the customers’ identities without their express consent;
13.25 A customer who does not wish Cookies to be accumulated on his personal computer may avoid doing so by changing the definitions on his computer’s browser. For this purpose please consult the browser’s Help File. It should be remembered that cancelling Cookies is likely to cause part of the services and features on the Site and on other internet sites, not to be available. In addition, it is possible to delete Cookies from the computer at any time.
13.27 The Site management implements systems on the Site that are intended to optimally secure the information , in accordance with accepted standards. While these systems reduce the risks of unauthorized access to the Site management’s computers, there is no absolute guarantee. Therefore, the Site management does not undertake that the services on the Site will be totally resistant to unauthorized access to the information stored therein.
13.28 Under the Protection of Privacy Law 5741-1981, everyone is entitled to review, by himself, or by a duly authorized representative or by a legal guardian, to review information about him that is held on a data bank. A person who reviews information about himself and finds it to be inaccurate, incomplete, unclear or out of date, is entitled to apply to the owner of the site and request that the information be amended or deleted. If the site owner refuses, he must give notice to that effect to the applicant in the way and method determined in the Regulations. With regard to the refusal of a data bank owner to allow a review and with regard to a notice of refusal to amend or delete information, the person applying for the information may appeal in the manner and way set down in the Regulations.
13.29 For further information please study the Privacy Protection Law http://www.knesset.gov.il/review/data/heb/law/kns9_privacy.pdf
14. Further conditions
14.1 If a printing error occurs in the description of a color and/or in the appearance of a color and/or in the way the color appears on the computer screen, this will not be binding on the Company. The checklist of colors on the Site is intended only as an illustration and there may be variations between the colors that are shown on the Site and the colors actually sold.
14.2 The Company is not responsible, should there be such, for designs published on links that exist on the Site which lead to other sites to which it is possible to arrive at through such links. The Company does not undertake that the links will lead the user to an operating internet site.
14.3 The interpretation and enforcement of these Regulations and/or any act or dispute arising therefrom, will be carried out in accordance with the laws of the State of Israel, and will be clarified if required, in the courts of Tel-Aviv- Yaffo.
14.4 The presentation of the shops, products and/or services on this Site does not constitute the Company’s opinion as to their nature or quality.
14.5 The Company’s computer records regarding the activities carried out through the Site will constitute proof of their being correct.
14.6 The Company reserves the right to change these Regulations and rules of participation, from time to time. Only the rules published in the Site’s Regulations will be binding on those carrying out activities on the Site.
14.7 It is clarified that when a customer participates in the Site services or as a member of the network’s customer club and has completed the details of his email and mobile phone, this constitutes an agreement by the customer to receive notifications and marketing material distributed by the network and/or to be distributed in the future regarding promotions, discounts and exclusive benefits granted and/or to be granted in the future to members of the club, through SMS messages that will be sent directly to the customer’s cellular phone, and to be included for that purpose on the network’s club members’ mailing list.