Terms and conditions of Use of Shani Jacobi Jewellery’s Website
Welcome to Shani Jacobi Jewellery’s Website (www.shanijacobi.com) (hereinafter: the “Website”). The Website is a virtual trading platform to purchase unique jewelry designed by Shani Jacobi (hereinafter: the “Products”) by website users (hereinafter: the “User”).
The Website is managed and operated by Shani Jacobi.
- You are kindly asked to read these terms and conditions fully and carefully, as a condition of entering into any contract with the Website. It is emphasized, that surfing the Website and/or purchasing items on the Website constitute your consent to accept and behave according to the Website’s Terms and Conditions of Use. The User and/or any agent thereof will have no claim and/or legal action against the Website and/or Shani Jacobi and/or any agent thereof.
- If you have any reservations, or you do not agree to the Terms and Conditions of Use, we ask that you refrain from making use of the Website.
- It is clarified, that the Terms and Conditions of Use apply to every use and/or viewing of the Website, on any user device – be it a computer, or some other communication media (such as a mobile phone, various palm-computers, etc.), whether over the internet or any other network and/or communication media.
- The Terms and Conditions of Use are at times worded in the feminine form exclusively for the sake of convenience, and they relate to both genders.
- The Terms and Conditions of Use are the basis for any litigation concerning use of the Website.
- Any person, including any company or legal entity incorporated in Israel, or an entity duly incorporated overseas, is entitled to make use of the Website, subject to the following terms and conditions:
- The User declares that she is competent to perform binding legal actions;
- If a minor (under the age of 18) performs any action on the Website or an action is performed by some other User who is not competent to perform legal actions without the consent of her guardian, the User is required to inform the parent and/or legal guardian regarding the provisions of the Terms and Conditions of Use, and to obtain their approval and consent to any action taken on the Website. The parent and/or guardian are responsible to inform the minor who wishes to surf the Website, of the provisions prescribed in the Terms and Conditions of Use and to supervise her actions. It is emphasized, that any action performed on the Website by a minor, constitutes consent on behalf of the minor and/or parent and/or guardian, to the Terms and Conditions of Use;
- The User has a valid email address;
- The User owns a valid Israeli or international credit card and/or other lawful means of payment.
- The Terms and Conditions of using the Website will be binding on the User, Shani Jacobi and/or its agents, the Website and/or its agents, and their heirs.
- The Terms and Conditions of Use and/or any document which may replace them to regulate the use of the Website may be amended from time to time, in accordance with the Website’s management’s exclusive discretion.
- The User should refer to the Website from time to time, to peruse the up to date Terms and Conditions of Use.
- The Website’s Terms and Conditions of Use will become effective and binding once they are published on the Website.
- The Website’s management reserves the right to discontinue the Website’s activity at any time, and with no notice.
The Nature of the Website
- The Website is Shani Jacobi’s image website and a virtual trading platform to purchase designed jewelry.
- There is a large selection of jewelry on the Website for you to peruse, as well as a unique range of jewelry to purchase.
- The unique jewelry is made of brass coated in either silver or 24 karats gold and often combines additional, and unconventional materials such as veneer, acrylic glass (Plexiglas), leather, wood, piping, and inlays of Swarovski gems, crystal, or pearls.
- The Website’s management invests significant efforts to provide the Website User with content that is reliable, complete, available, and accurate.
Use of the Website
- Use of the Website for any unlawful purposes is strictly forbidden.
- The Website may be used solely for personal use. The Website may not be used for commercial and/or other purposes which have not been approved in writing in advance by the Website’s management.
- The Website User is not acquiring any rights whatsoever in the Website and/or other rights embedded and/or connected to the Website in any way, except for the right to use the Website as detailed in these Terms and Conditions of Use.
- For the avoidance of doubt: No computer application or any other media may be used or operated, including software like Robots, Crawlers, etc., to search, scan, copy, or automatically reconstruct content from the Website. You are not permitted to create or use such means to create a compilation, collection, or database that will contain content from the Website without the Website’s management’s express written approval.
- When making use of the Website and/or when entering into a contract with Shani Jacobi, you undertake to provide correct, accurate, updated, and complete details of your identity.
- In any event of suspicion that any person or entity has or is using the User’s details, the User is required to notify the Website’s management thereof immediately.
- The Website’s management is entitled to prevent a User from using the Website in its exclusive discretion. The Website’s management is further entitled to discontinue any User’s use of the Website.
- The Website’s management does not guarantee that use of the Website will be secure, accurate, complete, uninterrupted, free of malfunctions, or viruses, worms, harmful components, or other limitations, and will bear no responsibility or liability for any damages caused, if any, to the User arising from such factors when using the Website.
- The User undertakes to report to the Website’s management regarding any offensive, misleading, or inappropriate advertising which she comes across in the course of using the Website.
- The Website’s management will make efforts to ensure that the Website and its services are always available. However, we cannot guarantee continuous, uninterrupted availability. If the Website experiences technical difficulties, the Website’s management will act to restore it to operational mode as fast as possible, and the same goes for taking the Website down for maintenance purposes. It is clarified, that no financial compensation or credit will be given owing to any interruptions in the Website’s activity, even if, direct or indirect, damages are caused thereby to the User and/or any third party whatsoever.
Product Purchase and Order
- The presentation of various items on the Website does not constitute an “offer”, and for the avoidance of doubt, the purchase process by the User will not constitute “acceptance”.
- Ordering items on the Website will be done by the User. Completing all the details, fully and accurately, constitutes a condition precedent to completing any purchase.
- Prices on the Website include VAT unless stated otherwise.
- The Website’s management reserves the right to refuse to accept orders from a User, in its exclusive discretion, and no User whose purchase was not made possible or was cancelled will have any claims.
- Purchase will take place by selecting the product from the range of catalogs on the Website (jewelry store, earrings, sun-earrings, rings, necklaces, bracelets, etc.) by clicking on the requested item, noting the desired quantity, and clicking “Add to Cart” (hereinafter: the “Purchase Process”). It is noted, that some of the items on the Website also necessitate performing additional selections (such as – the type of the desired coating).
- After completing the Purchase Process. You can pay by clicking “Payment”.
- The User will be asked to choose a delivery method or pick up.
- Delivery by registered post or courier service entails an additional payment.
- To avoid disruptions, you must ensure providing accurate and complete details in the course of the Purchase Process. Inter alia, you must provide the following details: Name and surname, phone number, email, delivery address. Knowingly providing mistaken details constitute a violation of the Terms and Conditions of Use, and in certain circumstances, it is possible that legal proceedings will be instituted against Users.
- Payment on the Website takes place by means of charging a credit card and/or PayPal account and/or by payment over the phone with a representative of Shani Jacobi (hereinafter: “Payment Methods”) who will contact the User to complete the Purchase Process. It is clarified, that Shani Jacobi does not guarantee holding the item(s) ordered for the User.
- After completing the Purchase Process and receiving confirmation of payment, the User will be sent a message that the purchase was approved. It is clarified, that the Website’s management will charge the User’s Payment Method on account of purchasing the item(s) immediately once the Purchase Process on the Website has been completed.
- If the purchaser’s Payment Method is not approved, notice thereof will be sent to the User, and she will be required to provide an alternative payment method. In the circumstances, the Website’s management does not guarantee holding the item(s) ordered for the User. It is clarified, that no order will be processed before the Payment Method is approved.
- Ordering items are subject to availability in stock, and is conditional, as abovementioned, on payment approval and final approval by the Website’s management. If the item is not available in stock, the Website’s management will not be obligated to supplying it. The User will have no claim and/or legal action in this regard, on account of any type of damages, direct or indirect, which is caused to the User and/or any third party. In the circumstances, the Website’s management will refund any sum paid by the User, if any, and/or will cancel the charge applied to the Payment Method if any.
- The User declares and acknowledges the laws and regulations regulating use of a credit card on all matters relating to “remote purchase” and/or “internet transactions”.
- It is clarified, that the pictures on the Website are for illustration purposes only. Should any mistake befall the description of an item and/or the item’s picture, the Website’s management is entitled, but not obliged, to cancel the specific purchase.
- Please ensure that the selected item, the postal address, and any other necessary details are correct and accurate. The Website’s management will bear no liability or responsibility for cases in which an order was placed negligently, including instances in which the User provided a mistaken delivery address, errors in selecting the quantity of items or placing an order for an incorrect item. It is emphasized, that the duty to provide accurate details is imposed on the User, and if incorrect details were inputted and/or mistaken details provided, the Website’s management will bear no liability and/or responsibility, therefore.
- After completing the Purchase Process on the Website, and receiving confirmation of the Payment Method, as abovementioned, the item will be dispatched to the User, by means of the selected delivery method, to the address the User provided.
- Delivery from the Website is performed by the Israel Post Office and pursuant to the Post Office terms and conditions and/or any other courier service operated by the Website’s management.
- The Website’s management does not guarantee delivery times for any item purchased, and will bear no responsibility and/or liability in the event of any delays unrelated to its actions, including as abovementioned in the event that an incorrect address was provided by the User, cases connected with the activities of various suppliers and/or inventory and/or instances of force majeure and/or other events out of its control, including incidents arising from the courier service or any other mishap arising from any act or omission on behalf of the courier service, transport means, or any other factor which is out of the control of the Website’s management.
- It is clarified, that if the Website’s management notes any delivery times regarding a certain product, same will constitute an estimated delivery time, subject to the item’s availability in stock, the Israel Postal Service and/or the courier service.
- In the event that the Israel Post Office does not provide service to the address provided by the User, the cost of delivery will be as prescribed by the courier firm.
- Items may be shipped overseas, and the costs of shipment will be set per the destination country in the course of the ordering process and/or by contacting the Website’s management under separate cover.
- Insurance costs will apply to the User, and in no event will the Website’s management bear any responsibility and/or liability for ensuring the parcel and/or any defects caused in the course of shipment.
Canceling a Transaction and Item Return Policy
- Purchasing products and canceling any transaction on the Website are subject to the Consumer Protection Act 1981-5741, the Consumer Protection (Cancelling a Transaction) Regulations 2010-5771, and any other applicable law.
- If a User wishes to cancel a transaction, prior to dispatch, this may be done by sending an appropriate letter in writing to [email protected], requests not in writing will not be accepted.
- Canceling a transaction, after dispatch, may be done within seven (7) days from receiving the product, and by advance notice to [email protected]
- The right to cancel a transaction is conditional upon the item being returned by the User to 70-72 Nakhlat Binyamin St., (2nd Floor), Tel Aviv, in its original packaging, when the item is intact and unused. The foregoing does not detract from the Website’s management’s right to act to obtain any other remedy it is entitled to at law.
- Once the transaction is canceled, the Payment Method provided by the User will be credited, after a deduction of a cancellation fee worth 5% of the value of the transaction, or 100 NIS, whichever is lower.
- Replacing an item may be done within seven (7) days from receiving the product, and by advance notice to [email protected]; after the item is returned, store credit may be given, to the tune of the price of the returned item, for use on the Website.
- The email must detail the reasons for canceling the transaction and/or replacing the item.
- The Website’s management will not permit canceling a transaction, and will not be responsible or liable for any damages or liability in the event the item is exposed to severe environmental conditions which do not correspond to reasonable use of the product and/or the instructions for use if any.
- The Website’s management undertakes to supply the User with good quality and standard products. The User is required to inspect the item immediately upon receiving it, and to immediately report any incompatibility or defect, and no later than within seven (7) business days from receiving the item, to the Website’s management, by means of an appropriate written letter, and to enable the Website’s management to repair the defect and/or incompatibility and to replace any defective item with a standard one which will be sent after the defective product is returned. If the defect or incompatibility cannot be repaired and/or if the User refuses the offer made by the Website’s management, her money will be refunded in full, after she sends the item to 70-72 Nakhlat Binyamin St., Tel Aviv, and the defective item is received by the Website’s management.
- It is clarified, that in the circumstances of canceling a transaction and/or replacement and/or incompatibility and/or defect – the costs of dispatching the item will apply exclusively to the User.
- The Website’s management reserves the right to cancel an order, in certain instances, including but without limitation the following cases: If a mistake is discovered, including arising from human error relating to the details of a product, its characteristics, price, etc., as appearing on the Website; if it transpires that ordering the item was done contrary to the agreement and/or the Terms and Conditions of Use and/or in harming any third party. Notice of cancellation of the transaction by the Website’s management will be given to the User via the email address she provided.
- This Website contains original content, in which Shani Jacobi owns the intellectual property (“IP”), as well as content and information which Shani Jacobi owns the necessary license to make use of.
- Using the Website does not grant the User any right to make use of the IP belonging to Shani Jacobi and/or the Website’s management and/or third parties.
- No full or partial duplication, public presentation, distribution, public performance, transfer to a broadcasting authority, change, processing, the creation of any derivate works, sale or leasing of any of the abovementioned contents is permissible, on any media whatsoever, without the prior written consent of Shani Jacobi and/or the Website’s management. No use of the abovementioned contents and the trademarks appearing on the Website and/or the Website’s logo is permissible without the express prior written consent of Shani Jacobi and/or the Website’s management.
Collecting, Storing and Securing Information
- The Website operates in accordance with the PCI DSS (Payment Card Industry Data Security Standard) to ensure protection of User credit card information.
- The Website’s management has contracted with Tranzila (Interspace) the leading Israeli firm dealing in credit card clearing and security, to process the Payment Methods.
- User Payment Method information is not kept by the Website.
- However, it is clarified, that the Website’s management cannot ensure absolute confidentiality of the information on the Website against hostile party intrusion and/or exposure of the information on the Website by other unlawful actions. Should any third party penetrate the Website and/or make use of the information in any other way, including cases which constitute force majeure, the User will have no claims and/or legal actions against the Website’s management.
- The Website’s management has the right to collect and store any information arising from use of the Website.
- Additionally, routine actions of collecting additional information about the Users may be performed on this Website, mostly as a result of the Website’s desire to provide Users with an enjoyable, efficient, and personally tailored surfing experience. Thus, the Website will be able to adjust content to any User based on her interests and make access thereto easier for her.
- When making use of the Website, you permit the Website’s management to make any use it wishes and deems appropriate, of unidentified information about you and about your habits of using the Website and also to transfer same to third parties, to the extent that the transferred information cannot personally identify you.
- All the information collected by the Website will be stored by the Website for the abovementioned purposes, and will not be transferred to any third parties whatsoever.
- The foregoing notwithstanding, it is hereby agreed, that the Website’s management is entitled to assign its obligations (if and to the extent that there are any) and to endorse its rights, at any time, under these Terms and Conditions of Use, to any third party, in its exclusive discretion, in any way it deems fit. In such an event, the User’s details kept by the Website’s management will be transferred to the third party, who will receive the rights in the Website. In using this Website, you hereby give your advance consent thereto.
- It is clarified, that upon termination of the contract with the Website, the Website’s management will be entitled to erase all digital information concerning the User in its possession, from its servers, and the User will have no claim and/or complaint and/or reservations in relation thereto.
- In using the Website, you agree to having your personal information, provided by you, included in the Website’s database. Moreover, when making a purchase of items on the Website, you express your consent to having various messages sent by this Website to you, whether by email or in any other way.
- It is the Website’s intention to update Users with various advertisements. Updates, as abovementioned, may be sent to the email address provided by Users when registering on the Website or surfing on it. When making use of this Website, you hereby give your consent to delivery of various advertisements, which include marketing content, including by electronic mailing list, under the prescriptions of the Communications (Telecommunications and Broadcast) Act 1982-5742. The marketing content may be sent by a wide range of methods, including but without limitation by email, SMS messages to a mobile phone, fax, electronic mailing list, automatic computerized phone calls, etc.
- If you are not interested in receiving messages of this type, you are invited to send your request to have your name removed from the Website’s distribution list, and the Website will cease to send you messages within seven (7) business days from receiving your notice.
Violating the Terms and Conditions of Use
- Users undertake to indemnify the Website’s management and/or Shani Jacobi and/or any agent thereof, for any damages, lost profit, or expense caused owing to any breach of these Terms and Conditions of Use by you, including legal expenses. The indemnity does not prejudice any remedy which the Website’s management and/or Shani Jacobi and/or any agent thereof is entitled to under any applicable law.
- The User will indemnify and compensate the Website’s management and/or Shani Jacobi and/or any agent thereof and/or any third party whatsoever, for any claim, demand, legal action, loss, lost profit, payment, expense, costs, and liabilities, including interest payments and reasonable legal fees and court costs, caused to the Website and/or Shani Jacobi and/or any agent thereof by the User as a result of the User failing to comply with the provisions of the Terms and Conditions of Use.
- In using the Website, the User hereby gives her consent to her foregoing undertaking to indemnify applying in any event, whether the Website and/or Shani Jacobi and/or any agent thereof are parties to the litigation, or not.
- The generality of the foregoing notwithstanding, the User will pay the sums of damages arising from her liability, as abovementioned, immediately upon the first demand issued by the Website and/or Shani Jacobi and/or any agent thereof. Such payment demand will serve as absolute and conclusive evidence of the need to indemnify the Website’s management and/or Shani Jacobi and/or any agent thereof and/or third parties, on account of the damages caused in that matter.
- The User will be estopped from raising any claim and/or demand vis-à-vis Shani Jacobi and/or any agent thereof, with regard to the User’s aforementioned liability limits.
Conflict of Laws and Miscellaneous
- The laws applicable to these Terms and Conditions of Use are the laws of the State of Israel.
- Exclusive jurisdiction on any dispute arising from these Terms and Conditions of Use or from using the Website shall vest in the competent courts of the district of Tel Aviv, Israel.
- We invite you to contact us with any issues concerning the Terms and Conditions of Use. We can be reached by phone at 050-4439344 or via email at [email protected]; representatives of the Website’s management undertake to respond to your query within seven (7) business days.
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