Terms Of Use - “Padani Jewels”

Effective from: February 1st, 2018

 

  1. Introduction

1.1.  The use of the website “padani.co.il”, an ecommerce website which enables you, among other things, to purchase products including jewels (the “Website” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy and according to any applicable law. By using the Website, You signify that You agree to be bound by the Terms.

1.2.  The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.

1.3.  The purpose of the Terms is to regulate the relations between the operator of the Website, Padani Jewellers Limited, C.N 510365927 (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.

1.4.  The Terms determine Your access to the Website and will apply to any of Your use in the Website including, but not only, use of data, content and services in the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.

1.5.  The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Website, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website.

1.6.  The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.

1.7.  It is clarified that the Operator reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.8.  The Website is active and accessible at all hours of the day at every day, and You may use it and purchase products at all times. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.

1.9.  If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator from Sunday till Thursday between 9:30 till 17:30 by phone number +972-3-5177333 in Israel, and 1844-4PADANI in the US, and by email: media@padani.co.il. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

 

  1. Definitions

Content” means the Website, information about Products, and other information available in the Website, online pages, the sorting and display of information and any other illustrative form in the above and in mailings.

 “Service” means the Website, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.

Website Errors” means any interruption in the Website’s and/or Website’s availability due to reasons which are not directly controlled by the Operator.

You” or ”Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.

 “Products” means the products available on the Website.

Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.

 

  1. About the Terms

3.1.  These Terms constitute a separate agreement between You and the Operator. It is hereby clarified and agreed that the Operator shall have no liability for any violation of the Terms by other Users, and in case of any violation of your rights by any other User all claims You may have should be addressed to such violating party and You shall have no claims and/or demands against the Operator.

3.2.        It is hereby clarified that only the Terms shall bind the Operator. Any advertising available in the Website shall not be considered as the Operator’s recommendation or opinion regarding the willingness of the advertised service or products by such third party.

3.3.        Using the Website is currently free of charge. However, the Operator reserves its rights at any time and under its sole discretion to charge any costs for any use of the Website or the Service, in whole or in part, and reserves its rights to add additional features to the Website which their use may be subject to payment by You and You shall have no claim against the Operator in such case.

  1. Purchasing Products Through the Website

4.1.  The Website offers a variety of products as detailed in the Website (the “Products”). However, the Operator may at any time remove some of the Products and add new products and/or change the variety of the products at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

4.2.  The price of each Product appears near the Product and is VAT inclusive if applicable and/or unless stated otherwise. However, the price of each Product may be changed by the Operator at any time, at its sole discretion and You will not have any claims against the Operator in such case. It is clarified that the final price of each Product is determined according to the time of the purchase and not the time of adding a Product to Your basket.

4.3.  The Operator is making all efforts to accurately display the Products including, but not only, the description and the images of the Products. However, there may be some accidental mistakes regarding the description and the images of the Products and the appearance of the Products displayed on your device may be different from their actual appearance since the display depends on many factors including, but not only, Your device’s screen quality and display settings. Therefore, it is clarified that all images shown in the Website are for illustration purpose only unless stated otherwise in the Website and such image will not bind the Operator by any means.

4.4.  Due to the fact that the stock of such Products changes from time to time, a product ordered by You may be unavailable at the Operator’s stock at the time of your order. Therefore, the Operator reserves its rights to not provide such product to You. In case a product is out of stock, the Operator will contact You within a reasonable time and inform you that a product is out of stock and you will not have any claims against the Operator in such case, and the Operator may offer You an alternative product which is in stock. In case You were already charged for purchasing a product which is out of stock, the Operator will contact You and refund Your account for such order.

4.5.  Without derogating from the Terms and according to any applicable law, the Operator reserves its rights in some cases to cancel a confirmed order including, but not only, in case of a mistake in the description of a Products regarding its specifications and price and in case the Product was ordered in a violation of the Terms and thrift party rights. In such case the Operator reserves its rights not to supply You the Product after contacting You and notifying You of such within a reasonable time after notifying You of the reason of such cancellation and You may have no claims against the Operator in such case. In case You were already charged for purchasing a product which is out of stock, the Operator will contact You and refund Your account for such order.

4.6.  Wholesale purchase of Products through the Website is forbidden, and the Operator reserves its rights to determine, at its sole discretion, whether an order is considered wholesaling or not, and in such case, may refuse to deliver and/or confirm such order and You will not have any claims against the Operator in such case. In such case the Operator will contact You and inform You of such refusal.

4.7.  The Website offers customized products made specifically according to Your preferences. However, the Operator reserves its right to refuse to prepare a customized product in some cases including, but not only, a request to prepare a customized product which contains offensive and inappropriate language and marks and any other shapes and/or texts deemed to be inappropriate by the Operator, and You shall have no claims against the Operator in such case.

4.8.  Due to the fact that customized products may not be cancelled and/or returned, You are advised to ensure that a such customized product suits Your needs including, but not only, regarding the size and carving of such customized product.

4.9.  None of the appearing in the Website including any advertising and/or displaying of the Products in the Website shall be considered as any recommendation or encouragement to purchase a product and the Operator disclaims any and all liability in connection with any of Your use of the Products.

4.10.             The prices of the Products in the Website do not necessarily match the prices of the Products available at other locations including, but not only, at the Operator’s Instagram and/or Facebook and/or at the Operator’s stores. At all times the prices appearing in the Website are the binding prices for the purpose of purchasing the Products through the Website.

  1. Placing Orders, Payment and Delivery

5.1.  You may pay via credit card subject to confirmation of payment by the credit card issuer, via PayPal or via Tranzila. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

5.2.  It is clarified that should You pay via PayPal or Tranzila, such services are provided by third parties which are controlled by the Operator. Therefore, the Operator shall not be liable for any faults and/or errors including any security issues resulting from such payment methods as set forth above.

5.3.  Following full payment for Your order, the ordered products will be delivered to the address You inserted upon placing Your order via courier provided that Your address appears in the Operator’s shipping areas; or by collecting Your order at the Operator’s stores. The Operator reserves its rights to change the shipping methods and/or shipping areas from time to time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

5.4.  Upon completing Your order, shipping costs will apply in the rates as displayed in the Website which will be added to the total cost of Your order. The Operator reserves its rights to update the shipping rates from time to time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

5.5.  If applicable, in case of any taxes added to the cost of Your delivery including, but not only, import taxes, such taxes will be paid by You and You will not have any claims against the Operator in such case.

5.6.  Without derogating from the above, it is clarified that all shipping services are provided by third parties which are not controlled by the Operator, and therefore the Operator shall not be liable for any damages caused by such third party including any damage resulting from negligence.

5.7.  Since shipping services are provided by entities not controlled by the Operator, shipping times may be delayed due to reasons and causes that are not controlled by the Operator including, but not only, force majeure, sensitive national security situation at the shipping address, extreme weather conditions, nature disasters (e.g. earthquakes, floods, etc.), and other causes (e.g. roadblocks, fire, etc.) and delays caused by strikes and national and bank holidays and any mistyping of the shipping address and Your contact details, and You will not have any claims against the Operator in case of such delay resulting from the above. It is clarified that such delay will not derogate from Your obligation to pay for Your order.

5.8.  It is clarified that should any delivery fail due to any failure to contact You at the time of such delivery, the ordered products will not be delivered to You and You will be required to arrange a new delivery with the Operator at Your own expense and additional shipping costs will be incurred.

5.9.  Despite the above, You may allow a courier to leave the delivery at a certain place without Your presence (e.g. at Your door, in an office or at any person on Your behalf). However, in such case You hereby agree that in case of any loss, theft, defect and/or any mismatch between the item’s description and the received item, the Operator shall not be liable for none of the above and You shall have no claim against the Operator in such case.

5.10.     The Operator shall not be liable for any delays which are not controlled by the Operator and/or any delays caused by You including, but not only, difficulties contacting You. Such delay will not constitute a breach of the Operator’s obligation to deliver Your order and such delay will not derogate from Your obligation to pay for Your order.

5.11.     The delivery will be packaged according to the Operator’s sole discretion and You shall have no claim against the Operator’s packaging.

  1. Membership, Special Benefits and Mailings

6.1.  The Operator offers to all its users including You to join the Operator’s membership plan (the “Membership”) in order to notify You of special sales, advertisements, updates, personal benefits and other user and members notifications regarding the Operators’ activities and services, including via Emails and SMS (the “Mailings”).

6.2.  Upon joining the Membership, You will be requested to provide personal information including Your name, phone number and email address. Upon registration and upon completing Your order, You will also be given the choice to accept to receive Mailings by checking a checkbox for that purpose to your email and mobile phone device, and this will be considered as Your consent to receive Mailings. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator’s customer service center and/or by clicking on a link available on the Mailings sent to You by the Operator.

6.3.  Joining the Membership and any other use of the Website is currently free of charge. However, the Operator reserves its rights at any time and under its sole discretion to charge any costs for any use of the Website or the Website’s features, in whole or in part, and/or to charge costs for joining the Membership and You shall have no claim against the Operator in such case.

6.4.  The Operator may hold special sales events and provide benefits and discounts from time to time at its sole discretion and to refrain from the above at any time and You shall have no claim against the Operator in such case.

6.5.  The Operator may offer You with coupon codes, coupons, special offers, discounts or other benefits including the Points (the “Benefits”) which will grant You benefits and/or discounts solely for purchasing Products in the Website. It is clarified that not double discounts are allowed with the exception of using the Points.

6.6.  Any of the Benefits You were granted are intended solely for Your personal use and may not be assigned to any entity or third party.

6.7.  For the avoidance of any doubt, the above terms in this section 4 are bound to the Israeli Communication Law (Telecommunication and Broadcasting-1982).

  1. Changing and Cancelling Orders and Returning of Products

7.1.  The Operator’s policy regarding order cancellation and returning of products is with accordance to the Israeli Consumer Protection Law-1981, and You may cancel Your order with accordance to the following terms as set forth below.

7.2.  It is clarified that it is not possible to return a product which was already used and/or a customized product unless You received a defective product with accordance to the Israeli Defective Products Liability Law-1980.

7.3.  Changing or cancelling an order will be allowed under the Operator’s sole discretion and according to the following terms.

7.4.  Should You want to cancel or change Your order, You should contact and notify the Operator of such request no later than the date of the shipping Your order.

7.5.  Upon receiving such notice, the Operator will issue You a refund and may, at its sole discretion and with accordance to any applicable law, charge a cancellation fee of 5% of the order cost (including shipping costs) or 100 NIS, the lower between them.

7.6.  Should You change Your order by means of adding additional products, the price of such additional products shall be the price at the time of such adding and not the price at the time of the original order.

7.7.  You may cancel Your order within 14 days from the day of receiving Your order provided that any applicable law does not forbid such return and/or cancellation. You are required to send a notice regarding a cancellation of Your order to the Operator, and upon receiving such notice the Operator will arrange with You the return of such products. It is clarified that it is your responsibility to arrange the returning of Your ordered products and returning products shall be made at Your own expense.

7.8.  Upon receiving returned products and subject to the Operator’s inspection and review of such returned products, the Operator will issue You a refund and may, at its sole discretion and according to any applicable law, to charge a cancellation fee of 5% of the order cost (including shipping costs) or 100 NIS, the lower between them (the “Cancellation Fee”). This section shall not apply to cancellation due to a defective product with accordance to the Israeli Defective Products Liability Law-1980 and/or mismatch between the product’s specification as appeared in the Website and the actual specification of the ordered product, which in such case no cancellation fees will be charged subject to the Operator’s inspection and reviewal of Your claims regarding any defection and/or mismatch.

7.9.  The Operator urges You to check and ensure that the Products You receive match the actual order. Should there be any material mismatch between Your order and the Products You received (e.g. the ordered quantity is different than the quantity received), You are required to notify the Operator of such mismatch within one business day, otherwise it will be considered as Your acceptance of a match between Your order and the actually received delivery, and You will have no claims against the Operator in such case.

  1. Warranty, Liability and Limitation of Liability

8.1.  The Operator strictly ensures that the Products in the Website are of high quality.

8.2.  The Operator provides a one-year warranty for all Products manufactured by the Operator available in the Website starting from the day of Your purchase.

8.3.  Regarding Products which are not manufactured by the Operator, the sole liability for such products appearing in the Website and all information and representations of such products including names of manufacturers, quality of products, product specifications, photos and more shall be the liability of the manufacturers and/or importers and/or authorized retailers according to the Israeli Consumer Protection Law and its statutes and with accordance to the warranty card and service manuals attached to each of the Products, if attached.

8.4.  The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You and/or to any other third parties resulting from any use or reliance on any content available in the Website.

8.5.  The details and information appearing on the Products and in the Website are sometimes provided by third parties including, but not only, manufacturers, suppliers and/or importers, and the Operator shall bear no liability for such details and information.

8.6.  The Operator makes its best efforts to ensure that the information appearing on the Products match the information of each of the Products. However, there may be mistakes made in good faith regarding details and information of the Products as they appear in the Website. Therefore prior to using any of the Products, You are advised to read the supplement facts as they appear on the product. In case a product You received does not match the product You ordered, You may contact the Operator’s customer service center which will issue You a refund according to the price of the said product and will arrange the return of the said product to the Operator.

8.7.  The Operator does not warrant that all links available on the Website are active and/or will lead to an active website. The existence of such link does not mean that the content appearing in such link is reliable, accurate and/or updated and the Operator does not control such content and the Operator shall have no liability to such links.

8.8.  The Operator will not be liable for damage caused resulting from any purchase through the Website including, but not only, in case the payment was made without the consent of the ordering customer and without him knowing of such order and/or any mistyping of the shipping address and/or the credit card details and/or any communication faults caused by negligence or misconduct by the telecommunication service provider

8.9.  The Operator will not be liable for any damage caused to You and/or any third parties using products manufactured by the Operator apart of products which were defective due to the Operator’s negligence. In such case the aggregate liability of the Operator should be limited and should not exceed the price of such defective product.

  1. Intellectual Property

9.1.  All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.

9.2.  Without derogating from the above, the Website, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.

9.3.  You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.

9.4.  You warrant no to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.

9.5.  The ownership and the intellectual property rights of contents of third parties are owned by their proprietors and may be bound to any terms and third-party licenses which were granted to the Operator (“Third-Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third-Party Agreements regarding Your use of the Website, including any future changes to the Third-Party Agreements.

9.6.  The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email or phone as detailed in the Terms.

  1. Use of Personal Information and Security

10.1.             The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.

10.2.             Upon registration, You will be requested to choose a username and a password and to provide some personal details. Such details are necessary in order to allow You to access limited areas in the Website. It is Your responsibility to keep such details with discretion and to update Your username and password occasionally so only You will be able to use them. The Operator and/or anyone on the Operator’s behalf will not be liable for any unauthorized use of Your account and/or personal area by anyone who uses Your details without Your permission.

10.3.   The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.

10.4.             The Website may contain links to external websites owned by third parties which are not controlled by the Operator. The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website. The existence of such link does not mean that the content appearing in such link is reliable, accurate and/or updated, and the Operator shall have no liability to such links. Without derogating of the above, the Operator will not be liable for any direct or indirect damages however caused to You or any of Your property resulting from Your use or reliance on information and/or content appearing on websites You will enter through a link available on the Website.

  1. Indemnification

You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party's intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.

 

  1. Term and Termination

12.1.   This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.

12.2.   The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In such cases the Operator shall, where possible, give reasonable notice of such termination.

12.3.   The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website will be considered as consent to such amended terms.

12.4.   The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.

12.5.   All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.

  1. General Terms, Governing Law and Messages

13.1.   This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted

13.2.   The Account is personal and non-transferrable.

13.3.   The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.

13.4.   This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.

13.5.   All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the third business day after mailing, (iii) 4 hours after sending an email till 12:00 PM with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.