1. Introduction

Terms of conditions between “Einav Fadida” and the user of the site services (hereinafter: “the user”) in relation to the surfing or use of the site’s services, as well as the relationship between the users themselves in the context of surfing or using the site’s services.

1.2 Browsing or using the site’s services constitutes consent to the contents of these regulations – if you do not agree, you are required to refrain from browsing or using the site’s services.

 

  1. User account

It is hereby clarified that Einav Fadida may, at her sole discretion, at any time and without the need for any prior notice:

2.1 Block and / or restrict the viewing and / or use of the site, and / or the “Customer Club” and / or any aspect of them in any manner she chooses, including the conditioning/restriction of site viewing and / or use in the registration process in advance (including, for example, subscription and / or any other terms and / or procedures that she deems appropriate. In a situation where the registration process takes place in which a username and / or password is obtained for the purpose of using the site services, the user must keep those details confidential in order to prevent their misuse, and should change the password as often as possible.

2.2 To prevent users from registering to the site and / or the Customers Club and / or the use of the site and / or the “Customers Club” and / or the services provided in their framework and / or in any part and / or restricting them.

2.3 To terminate the operation of the site and / or the “Customer Club” and / or any part thereof (whether temporarily or permanently).

2.4 To make changes and / or corrections and / or updates to the site’s content / or its design, and to delete the content of the site and / or any part of it.

2.5 To make changes and / or amendments to the policies and conditions of the “Customer Club”, including the sale offers, the benefits granted, the terms of obtaining those benefits, the manner of exercising them, etc. It is clarified that the above is in addition to any rights granted to “Einav Fedida” or by virtue of the law.

2.6 It is hereby clarified that although the site owners take measures to secure the contents of the user’s account, they cannot fully guarantee that they will not be exposed as a result of unauthorized penetration, and the user will not have any claim against the site owners for damages caused as a result of unauthorized access to the user’s account.

2.7 The user is requested to immediately  inform the site owners of any suspicion of unauthorized use of his/her account.

2.8 The user allows the site owners to send him/her emails, according to the information provided to the site owners, regarding updates and confirmations related to the user’s actions on the site, and / or notices regarding changes in the regulations or its appendices, as well as marketing information.

 

  1. Terms of use

3.1. The user has the right to browse and use the site’s services, subject to the contents of this agreement

3.2 The user agrees to refrain from performing the following actions in relation to the site’s services:

3.3 Browsing, scanning or using the site’s services while operating a computer program designed to gather information or perform operations by means of a normal surfing imitation, including Bots or Crawlers.

3.4 Manipulation of the site’s URL in order to access information that the user has no direct access to (Hacking).

3.5 Uploading content or carrying out actions that violate the laws of the State of Israel, or in general, including refraining from uploading or publishing any content that may undermine the copyright, trade mark or trade secret of another, publishing a false statement, and abomination or violation of the privacy of another.

3.6 Performing any action in the site’s manner/design , the source code, elements appearing on the site or the content of the site. The right to perform those actions is exclusive, under the 2007 Copyright Law, to the copyright owner, and is not in accordance with the provisions of these regulations.

 

  1. Return policy and cancellations

Making any purchases through the website will only be possible to subjects and or in conditions fulfilling the following requirements:

4.1 The user is an adult (18 years of age or older) or a corporation that is legally incorporated under the laws of the State of Israel.

4.2 The user has an active e-mail account on the Internet.

4.3 The user is the holder of a valid Israeli or international credit card issued by one of the recognised credit card companies, and the credit company has approved the execution of the transaction.

4.4 The requested products are in stock.

4.5 The address to which the products should be supplied is in Israel or abroad,  and is on the distribution map of the Postal Authority.

4.6 When making a transaction on the website, the user will be required to enter the following details in the registration page: First name, last name (name and company number, as applicable), phone, address, postal code, e-mail and payment details. You may need to enter additional information as it appears on the site. The user confirms that the information entered is true, complete and accurate, and agrees that handing out those personal details during the order is done according to his/her will and consent.

4.7. As long as the details provided are incorrect or inaccurate, “Einav Fadida” can not guarantee the full execution of the order. The user declares and confirms that he/she is aware that knowingly providing false information may constitute a criminal offence, and that civil and or criminal lawsuits may be taken against those providing false information / fraudulent details, including claims for damages caused to “Einav Fadida”.

4.8. By executing the transaction, the user declares that the card through which the transaction is made belongs to him/her or to the corporation on behalf of whom he is executing the transaction, that the card is valid and that he is authorized by law and / or an agreement with the credit card issuer to execute a transaction in the relevant transaction amount.

4.9. The sale on the site is at a predetermined price until the stock is out (regular sale). In the event that a product is sold out, due to unknown circumstances at the time of the order, the company will notify the consumer within 2 business days and the customer will be able to choose between ordering an alternative product or cancelling the transaction.

  1. Payment for the transaction will be made by credit card only (without payment by other means such as check, cash).

5.1. The user will provide personal information as stated in section 4.6 above, after which the user will confirm the execution of his order (hereinafter – the “Order”).

5.2. Following the completion of the order, the credit card details will be checked with the appropriate credit card company, after the credit card company’s approval, the user will be sent an email according to the given details. It is clarified and emphasised that the transaction will be issued only after the credit card company’s approval of the payment, and in regards to the availability of the selected product in stock, as stated in section 4.8 above. If the transaction is not approved by the credit card company, a notice will be sent to the user on the website and an email will be sent to the user as well. It is hereby clarified that in such a case, the order shall be deemed not to have been executed.

5.3. The delivery dates of the order will be considered only as of the date of approval of the transaction by the credit card company, and according to the times specified in the Shipping and Returns Policy.

5.4. The user declares that upon delivery of the email address, he/she approves the delivery of emails by making purchases through the website, subject to the fulfilment of the following cumulative conditions:

5.5. The internal computer records of “Einav Fadida” and / or anyone acting on its behalf shall constitute admissible evidence for the execution of the order.

5.6. The supply of products purchased through the site is detailed below:

5.6.1 “Einav Fadida” will supply the products purchased through the site to an address in Israel and/ or abroad, that will be specified by the user when ordering.

5.6.2 The shipping services shall be through the delivery company chosen by “Einav Fadida” and in accordance to her consideration.

5.6.3 “Einav Fadida” shall act in order to supply the products according to the specified conditions and the shipping prices specified on the site at the time of placing the order.

5.6.4 The payment for the shipment will be made via credit card, and will be included in the overall payment for the products, and can not be canceled for any reason unless the transaction was canceled due to a defect or discrepancy, or if the transaction was canceled before the shipment was carried out.

5.6.5 The date of supply of the products specified on the site, in relation to each product, relates to the working days of the delivery company serving “Einav Fadida” on the date of purchasing the product (not including Fridays, Saturdays, holidays and holidays) and will be regarded only after the approval of the transaction by the credit card company. An order made after 14:00 will be considered, for the purpose of the delivery date, as an order made on the next working day.

5.6.6 “Einav Fadida” shall not be liable for any delay in delivery and / or non-supply caused by inaccurate and / or inaccurate and complete details provided by the user. “Einav Fadida” shall not be responsible for any delay or delay in supply and / or non-supply caused as a result of force and / or events beyond her control, including strikes, etc. In the event of a delay or delay in supply, the customer will be entitled to cancel the transaction on the dates prescribed by law, in accordance with the provisions of section 56 below.

5.7. Cancelation of a transaction by the user

5.7.1 The user shall be entitled to cancel the transaction in accordance with and subject to all the provisions of the law, and including the provisions of the Consumer Protection Law, 5741-1981 (hereinafter: “the Consumer Protection Law”) and the regulations by virtue thereof.

5.7.2 The following is a list of the conditions in which the user can cancel the purchase transaction he has performed:

5.7.2.1 The user may cancel the transaction for the purchase of the product within 14 days from the date of receiving the receipt of the product, or from the date of the receipt regarding the details of the transaction, whichever is the latter.

5.7.2.2 The user may not cancel a transaction for the purchase of the following products: a. products that have been compromised or ruined shortly after purchase ; B. Products custom made especially for the consumer following the transaction; C. products that have been used.

5.7.3 The cancellation of a transaction shall be done by emailing “Einav Fadida” or by directly calling customer service as published in the cancellation policy and returns on the site.

5.7.4 After receiving the termination notice of the transaction, “Einav Fadida” will refund the user, within 14 days from the date of the receipt regarding the cancellation notice, the amount of the transaction paid by the user, and will not charge the user for any amount, other than a cancellation fee at a rate that does not to exceed 5% of the price of the product, or NIS 100, whichever is lower.(in the event of cancellation of the transaction due to a defect or non-conformity, cancellation fees will not be collected).

5.7.5 In any case where the user accepts the product before the transaction is canceled by him/her, the user shall arrange for the product to be returned to “Einav Fadida” at his/her own expense, in accordance with the details that will be given to him/her (in any case of cancellation of the transaction due to defect or non-conformity, returning the product will be at “Einav Fadida’s” own expense). The product shall be returned in its original packaging.

5.8. Cancellation of the transaction by “Einav Fadida”

5.8.1 “Einav Fadida” may cancel a transaction in whole or in part in the following cases:

5.8.1.1 In any case where an error has been made in the product proposal, an exceptional and obvious error, whether its regarding the price of the product or the description of the product;

5.8.1.2 If a communication failure and / or other technical problem is found to prevent users from being able to participate in the sale in a proper manner;

5.8.1.3 In the case of forced power, acts of war, hostility or terror that prevent the continuation of the sale, its execution or participation in the sale in a proper manner;

 

5.8.1.4 If it becomes clear to her that the transaction and / or the sale were accompanied by illegal activity of the user and / or anyone acting on his behalf;

5.8.2 A notice of cancellation of the sale shall be delivered to the customer by telephone and / or in writing to the address indicated by the customer at the time of execution of the transaction, or when registering to the site. In this case, the transaction will be canceled and “Einav Fadida” will refrain from charging the user’s credit card or refund any amount paid for the product, insofar as it was paid.

5.8.3 Apart from the refund of the transaction amount, the user shall have no claim, demand and / or demand of any kind whatsoever against “Einav Fadida” in respect of cancelling the transaction as stated in this section.

 

  1. Warranty Policy

6.1. “Einav Fadida” gives warranty for the products marketed by her. The warranty periods are as follows:

6.2. 12 months warranty for each item over 50 NIS.

6.3. The warranty is given in cases of manufacturing defects discovered during use of the product, and will be given to each customer presenting a proof of purchase document.

6.4. “Einav Fadida” commits to repair products during the warranty period for up to 20 working days from the date of returning the product to “Einav Fadida”.

6.5. Einav Fadida will work to the best of her ability in order to repair paid products even after the warranty period. The repair time from the date of the receipt of the product will be up to 20 working days, excluding shipping times (in exceptional cases such as lack of parts, the customer will be updated accordingly).

6.6. It is clarified that the customer will bear the cost of the repair beyond the warranty period. The customer will receive a price offer and quotation for approval prior to the repair. When returning a product from repair, a telephone message will be sent to the customer. The warranty will expire immediately if the jewellery is handled by an unauthorised party.

6.7. “Einav Fadida” shall not be liable for any damage that may be caused as a result of improper or incorrect use of the products. The pictures on the site are for illustration purposes only. It should be emphasized that there may be differences in colors or other changes between the appearance of the product in the picture and the product in reality.

 

  1. Lack of responsibility for information

The information appearing on the site is not a consultation or professional opinion, but rather the personal opinions of the user’s or the site owners, their managers and employees only. You should not rely on or act on the basis of the information appearing on the site without verifying its correctness and legality.

 

  1. Limitation of liability for damages

It is clarified that the site owners will not bear any responsibility for indirect or consequential damages that may be caused to the users.

 

  1. Lack of responsibility for advertising and outgoing links

9.1 Advertisements for third party products or services are displayed on this site by the site owners or sponsored by an external service, which matches the advertisements to the content of the page.

9.2 The user declares and acknowledges that he/she will have no claim regarding the advertisements presented by the site owners, including in regards to their location. Above and beyond the need and without derogating from the above, it is clarified that as advertisements are presented under the sponsorship of an external service, the owners of the site have no control over the choice of advertisements displayed, the order of their appearance or the reliability of their content.

9.3 Some of the links appearing on the site refer to sites managed or owned by a third party (Hyper-Links). It is clarified that the links to these sites are present solely for the convenience of the user and that the owners of the site did not examine these sites, and do not support them or are responsible for them, their content or security and that surfing, use or delivery of information to these sites is the full responsibility of the surfer.

 

  1. Lack of responsibility for user’s actions

10.1 It is the responsibility of the user to ensure, prior to using the services of the site,  that he/she is properly connected to the Internet – “Einav Fadida” will not bear any liability for damage that may be caused to the user due to problems in connection to the Internet.

10.2 Within the framework of the site’s services, and subject to the provisions of Section 11 of these Regulations, the public may upload and display various content, such as comment, which they produce, on the Site (hereinafter: “User Content”).

10.3 It is clarified that the mechanism for uploading the content of the user’s is, in whole or in part, a process conducted without the involvement of any person and the owners of the site can not verify the identity of the uploader or examine the nature of content uploaded before its presentation.

 

  1. Uploading user content

11.1 “Einav Fadida” does not bear any responsibility for and / or in connection with the site content and / or its use, including within the framework of membership in the Customer Club and the actions taken in connection with it. “Einav Fadida” does not take responsibility for and is not represented by the correctness or incorrectness of the content uploaded by the users, its accuracy and / or updating of any information and / or data and / or recommendation and / or proposal included in it. (Including information contained in “user’s content”, as defined below, and / or publications and / or external sources to which the site contains links, if any, and any information and / or detail and / or data contained in the site in any way).

11.2. “Einav Fadida” is entitled to activate and / or allow the inclusion of “user content” on the site, and it is hereby clarified that “Einav Fadida” does not bear any liability in connection with the contents of these users.

11.3. “Einav Fadida” is entitled to include within the site and / or to allow the inclusion of third party publications and / or offers and links to other Internet sites. It is hereby clarified that “Einav Fedida” does not bear any liability in connection with these publications and / or links and the provisions of section 9 below shall apply to them.

11.4. The user declares and warrants that the upload of content to the site or use of it by the site owners or users, in accordance with these regulations, is not in violation of the laws of the State of Israel or in general, including infringement of copyright or trade mark, disclosure of trade secrets, infringement of privacy or publications of false information.

11.5 The user undertakes the responsibility not to upload any content that is likely to violate public policy, content that may infringe on the rights or feelings of another person, body or public, or advertise any misleading content.

11.6 The site owners do not commit to displaying uploaded content, and retain their right to refuse to upload or delete content, in accordance with section 2.4 of this agreement.

11.7. A user who uploads or publishes content on the site in any way (including by e-mail etc.) declares that he/she owns all the rights regarding the uploaded content and all attachments on his behalf (including photograph, illustrations, etc.) In other cases the user must hold a lawful authorisation from the owner of the content rights to use the content and to exercise it according to the owner’s rights, and that the content of the user is on its behalf and / or its use is not aimed at violating and / or infringing the intellectual property rights or any other rights of any third party.

The user hereby refrains from any right that he/she has on the content uploaded / transferred on his behalf, and agrees that “Einav Fadida” will be entitled to use such content and any idea and / or information contained in it and / or derive from it in any manner she pleases, for any purpose she chooses, and is entitled to distribute and or publish it in any medium and in any manner that she chooses (whether in Israel or abroad), whether it is by herself or through the permission of others, all without limitation of time and without anything in return.

 

  1. Notification of infringing content

The owners of the site are responsible for maintaining the laws of the State of Israel – if you encounter any content that violates the laws of the State of Israel or at all, we would appreciate you directing our attention to it by sending a notice detailing the infringing of the content and the nature of the violation.

  1. Copyright and use permissions

The copyright in the design of the site, the source code, the elements and the content of the site is given to the owner of the site or to the creator of the content, and no action that is exclusive to the owners of those rights should be taken, in accordance with the Copyright Law, 2007, without the given permission of the copyright owners.

 

  1. Privacy Policies

14.1 When you use the site services, information that you have knowingly provided is collected and may be used for statistical purposes.

14.2 Information knowingly provided is, for example, information provided by you as part of the registration process of creating a user account –  this information identifies you personally, that is, on your behalf and address, and may include products and services you have purchased or requested to sell, the means of payment you have used, personal data etc.

14.3 Information used for statistical purposes is cumulative information that does not identify you personally and is not saved along with your personal details. This information includes advertisements you have viewed, the pages you have browsed, the offers and services that interest you, the Internet address from which you have directed, and so on.

14.4. To the extent that personal information is required when registering to the services on the site, the site owners will only ask you for information that is directly relevant and necessary for the provision of the services.

14.5 The data collected will be stored in the database of the site owners and under their responsibility.

14.6 Use of the Information:

14.6.1 Use of the information collected will be done only in accordance with this Privacy Policy or under the provisions of any law, for the following purposes:

14.6.2 Proper and effective use of the site’s services

14.6.3 Improving, modifying, cancelling, enriching or adapting the services and content offered on the Site.

14.6.4 Adjusting the content of the site, services or products to your areas of interest

14.7 Direct Emailing

14.7.1 The site owners wish to send you occasional information, via email, regarding the site’s services as well as marketing and advertising information.

14.7.2 Such information will be sent to you only if you have given you consent, and you may at any time withdraw your consent and cease receiving it.

14.7.3 The site owners will not disclose or give put your information to advertisers, although they may pass statistical information about user activity on the site, provided that this information does not identify you personally.

 

14.8 Transmission of Information

Site owners will not transfer your personal information to third parties and information collected on your activity on the site except in the following cases:

14.8.1 When the transfer of the specific information is necessary for the completion of the purchase process, which was performed by you within the framework of the site

14.8.2 In the case of a legal dispute between you and the site owners that will require the disclosure of your details

14.8.3 In the case that a judicial order is received instructing you to give your details or information about you to a third party.

14.8.4 In the case that the site is transferred in any way to another entity, provided that such entity undertakes to maintain your privacy in accordance with the provisions of this Privacy Policy.

 

  1. “Cookies” Files

The proper site uses “cookies” for its ongoing and proper operation, in order to collect statistical data about the use of the site, to verify details, and in order to adapt the site to your personal preferences and information security needs.

 

 

  1. Information security

“Einav Fadida” takes information security measures in order to secure the information contained in the site and / or which was provided in its framework, but despite the above, it is possible that there will be failures in the security of the given information (such as interception, unauthorized access, etc.) “Einav Fadida” does not undertake the absolute repressibility of security of the information contained in the site and / or information transmitted by users in its framework and / or for its use (such as information contained in user’s content, user information provided as part of the site registration process, if any). By uploading user content to the site by a user and / or providing any information or data by him, as part of using of the site, the user confirms that the above is known to him/her, and that he/she will have no claim and / or demand against “Einav Fadida” in respect of the aforesaid.

 

  1. Suggestions and comments

In order to avoid any unpleasantness, it is emphasised that when sending suggestions or comments regarding the functioning of the site and its services (hereinafter: “Proposals”), the sender refrains from any right to these comments and will not have any argument regarding them not being received,  for their implementation or for transferring them to a third party.

 

  1. Indemnification

The user agrees to indemnify “Einav Fadida” immediately upon her initial demand for any direct or indirect damage and/or loss, including legal expenses and attorneys’ fees, as a result of a demand, or claim regarding the user’s actions on the site and/or other users in connection with such operations.

 

  1. Choice of law and jurisdiction

The laws that apply to this Agreement are the laws of the State of Israel. The exclusive jurisdiction in any dispute between the owners of the site and the user arising from this agreement or from the use of the site’s services is subject to the competent courts in the city of Ashdod.

 

  1. Notices / Messages

A message or notice sent to the email address provided by the user shall be deemed to have reached the destination on the business day following its issue.