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Terms Of Use

TERMS OF USE

The “Avishag Arbel” wholesale website (Hereinafter: “The Site”) is a wholesale Business to Business (B2B) internet website constituting a virtual store to purchase products and services by approved surfers over the internet. The website owner and operator is the “Avishag Arbel Ltd.” Company, Public Company 513964726 whose registered office is located at 19 Abulafia Street, Tel Aviv- Jaffo 6105101(Hereinafter: “Avishag Arbel”). Avishag Arbel allows the use of its website subject to the following terms and conditions (hereinafter: "Terms").

An action through the website is any action performed through the website, including but not limited to purchasing products and/or services offered on the website (Hereinafter: “Action”).

The provisions in these Terms will apply to any action performed by a “User”, as defined below, in the website.

These Terms constitute a binding engagement contract between the User and Avishag Arbel Ltd., for all senses and purposes. It is clarified that surfing the website and/or performing actions through the website, constitute the User’s consent to accept and act in compliance with the provisions in these Terms. If you do not agree to any of the Terms, you are requested not to make any use of the website. And it is stressed that anyone performing an action through the website declares that he is aware of the Terms in relation to the website and accepts them and that he and/or anyone on his behalf will not have any allegation and/or claim against the website owners and/or its operators and/or on their behalf other than allegations associated with a breach of the website owners and/or its operators’ undertakings pursuant to the Terms and these participation rules.

For the purpose of these Terms, the “User” - any individual including but not limited to a company- may use the website, including but not limited to performing actions through the website, all subject to complying with the accumulative conditions detailed below:

The User is a holder of a valid international credit/ debit card.

The User is a licensed buyer / store owner.

The User has an active electronic mail address over the internet.

The User has been granted access to the Site, provided a username & password, either directly from Avishag Arbel or by application that has been approved.

 

General Terms

It is clarified that Avishag Arbel is entitled, pursuant to its discretion, to terminate the website’s activity at any time and without any advanced notice.

Avishag Arbel reserves the right to prevent access to the website and/or to prevent the option of making a purchase through the website and/or to cancel the User’s participation whose conduct is inappropriate or that is not in accordance with the Terms or that tries to prejudice the proper management of the website.

These Terms can be changed and/or revised at any time by Avishag Arbel and/or anyone on its behalf pursuant to their exclusive discretion.

The provisions in these Terms refer equally to the two genders and use of masculine form is solely for convenience purposes.

The headings of the chapters are for the User’s convenience and orientation purposes and will not serve as an aid to interpreting the Terms.

 

Services Offered Through the Site

The Avishag Arbel website  offers a variety of content and/or services and/or actions including but not limited to the services detailed below:

       Surfing and perusing the various contents.

       Purchasing products and/or services.

       Creating a “Wish List” - a list of items selected by the User.

       Registering to mailing lists (receipt of content, marketing and advertising information via various

       forms of media of the User’s

       choice).

It is clarified that Avishag Arbel does not undertake that all these contents and services will be given and/or will be given regularly and continuously through the website and Avishag Arbel will be entitled to change (including but not limited to broadening or limiting) the list of content and/or services rendered through the website, pursuant to its exclusive discretion and without having to give any notice in advance.

The User confirms that Avishag Arbel has goodwill in its field of activity and that he must refrain from hurting Avishag Arbel’s goodwill including refraining from taking any action on the website that may prejudice Avishag Arbel’s good name in the public’s eye. In this context, the participant undertakes that he will not act in any manner that may prejudice the company’s goodwill as stated above.

 

Purchasing Through The Site

The website allows, inter aliachoosing and purchasing items from the items appearing on the website in an easy, convenient and quick manner.

To place an order one must first choose the item, the requested color, size, and quantity.

For each item or service offered on the website a “product page” will be displayed upon which the details pertaining to the item or the service offered will appear and the sale price (Hereinafter: “The Product Page”). Your attention is drawn to the fact that Avishag Arbel is entitled to revise the Product Page from time to time and to add or remove items, to remove products that are no longer in stock, to add colors and/or sizes and to update and/or change the item price from time to time. It is clarified that the pictures on the website are solely for illustration purposes, pictures may differ from the actual products themselves, including but not limited to the colors appearing in the pictures and the details of the items. These differences derive, inter alia from the fact that the products are photographed and displayed on a computer screen.

The prices listed on the website are landed, and there is no VAT in export prescribed by law unless expressly stated to the contrary.

To make a purchase through the website the User will be requested to select a password and to type in basic details such as his personal name, company name, address, electronic mail address, telephone number, credit card number, and preferred shipping courier. For the order to be handled quickly and hassle- free, one must ensure to remit correct details otherwise Avishag Arbel will not be able to guarantee that the order be processed (Hereinafter: “Placing the Order”). Your attention is drawn to the fact that knowingly remitting false details may be considered a criminal offense. Civil and criminal legal measures may be taken against those submitting false details, including but not limited to a claim in torts for damages Avishag Arbel sustains due to obstructions relating to the operation of the website. Likewise, the information that is remitted by the User through the website  will serve, inter alia to send electronic mail concerning special offers or updates to the website, only after receiving the User’s permission to do so.

Upon placing the order Avishag Arbel will run a check pertaining to the credit card details and upon receiving the order confirmation from the credit card companies, will deliver appropriate notification to the User that the order was approved.

It is clarified that the person executing the action will be charged the cost of the product or the service that was purchased by him through the credit card immediately upon concluding the order.

The product/s and/or the service/s to be purchased through the website (i.e. whereupon an order was placed by the User and it was approved) will be referred to below as: “The Items”.

 

Conditions to Complete the Purchase Transaction

The purchase transaction will only be concluded after completing the order process, and after Avishag Arbel receives approval from the credit card companies that the charge has been approved in accordance with the work procedures in effect between them and Avishag Arbel. In the event a transaction is not approved by the credit card companies - the customer will receive appropriate notification.

Completing the purchase transaction is also contingent upon the fact that the requested items are in stock or available for preorder at the time the order process is completed. In the event an item is no longer in stock and/or there is a problem with supplying the item, due to whatever reason after an order has been placed, Avishag Arbel will be entitled to notify the User that the order was cancelled. Such notification will be delivered to the User via electronic mail and/or over the telephone, as Avishag Arbel so chooses. In such a case, the User will be reimbursed for the items that were not able to be supplied and the User will have no allegation whatsoever against Avishag Arbel and by the mere fact that an order is placed the User waives any such allegation.

Avishag Arbel reserves the right to limit the number of items in each order.

The order will be recorded in the Avishag Arbel computers and they can be reviewed and track the handling progress using the “My Account” link on the website. Likewise, confirmation will be sent via electronic mail pertaining to concluding the transaction within 48 hours of the purchase transaction being concluded by the User on the website.

It is clarified and stressed that an electronic mail notification being sent in respect of the order being recorded in the Avishag Arbel computerized system does not constitute evidence of the fact that the transaction was completed and the fact that an email notification was sent is not binding upon Avishag Arbel. It is clarified that the Avishag Arbel computer system records containing a computerized and automatic record of all actions through the website constitute prima facie.

The User may choose to have ordered items delivered directly to his store location and/or to another destination of his choice.

The User may choose to have items delivered by a shipping company that he has an account with, as long as the company delivers from Israel. In such case the User must provide a shipping Account Number and Avishag Arbel will coordinate the shipping. Charges will be automatically charged to the account number provided by the User, and will not be part of the itemized bill on the purchase order.

 

Delivery to User

Avishag Arbel will deliver the items to the User through an independent courier service company (Hereinafter: “The Courier Service Company”).

Delivery of the items by the courier service company will be within a number of days following the date the order was placed through the website (up to 7 business days).

Avishag Arbel is not responsible for any act and/or omission committed by the courier service company, including but not limited to a delay in making the delivery.

       Items will not be delivered out of the USA.

       Items will not be delivered on Fridays/Saturdays/Eves of Holidays and observed holidays.

       Avishag Arbel is not obligated to deliver the items to areas having restricted access due to security

       reasons.

       Delivering items to the User’s home involves payment of a delivery charge as detailed on the

       website [Hereinafter: “Delivery

       Charge”].

       The delivery charge will be added to the price of the items stated on the website.

       The delivery charge will be collected due to delivery to one destination, whether one or more items

       were ordered.

 

Cancellation of a Purchase Transaction

Canceling a transaction within one hour of completing the order of the items through the website and before the item is shipped – maybe effected by giving a cancellation notice via telephone to the customer service department at +972 368 10018. Under the circumstances stated above the User will be entitled to receive full reimbursement of the amount paid (including but not limited to the shipping charges, insofar as charged).

Cancelling the transaction after the User receives the item due to a defective product and/or unsuitability where the items delivered do not match the items that were ordered and paid for – in that case the User may submit a claim / return request within 7 days of receiving the item provided that the product is intact and no use was made thereof.

A refund will be made/authorized/issued only after a return authorization has been issued and after returning the items to the return address provided in the Returns page, provided that the item is intact and no use was made thereof. The transaction will not be cancelled, rather a return will be approved and a refund will be issued.

Canceling the transaction as a result of a defect and/or unsuitability between the product and the items as they appear on the website  - the User must check the item immediately upon receiving it. In the event the item received by the User is defective or whereupon the item specification actually differs from that displayed on the website, then the User may submit a return request 7 days of receiving the item by returning the item to one of the Avishag Arbel return address.

Any question relating to inquiries, exchanges, returns etc. must be referred to the Avishag Arbel customer service department via email at wholesale@avishagarbel.co.il or via telephone: +972 368 10018.

In any case, returning a product will be executed subject to the following conditions:

·       Upon returning the product to our US address together with an invoice, provided that no use was made of the item and none of the item labels were removed.

·       In the event of cancellation of a transaction, for which a refund is due, such refund shall be credited to the original form of payment.

Warranty, Security and Privacy

Avishag Arbel and/or anyone on its behalf operate common practiced precautionary measures in order to keep, insofar as possible, the information secret.

The User’s personal details (name, e-mail and such like), will be kept in Avishag Arbel’s database.

The Avishag Arbel website is a secure website, that is to say, the data fed into the system by customers upon registering and/or surfing and/or purchasing a product will be kept confidential and secure. In order to protect secrecy of the information, Avishag Arbel operates through an electronic trade protocol (SSL- Secure Socket Layer) that serves to encrypt data from the moment it is received in the system and until it is transferred to the Avishag Arbel website.

 It is stressed: the credit card details of Users concluding transactions through the website are not kept in the Avishag Arbel systems since Avishag Arbel uses an external company for the purpose of clearing credit cards.

It is clarified that since we are referring to online transactions, Avishag Arbel is unable to guarantee absolute immunity against its computers being hacked or the stored information being exposed by those committing illegal actions and therefore if a third party succeeds in hacking the information that is kept by Avishag Arbel and/or abuses the information, the

User will have no allegations, claims or demands against Avishag Arbel. Likewise, in cases deriving from a force majeure, Avishag Arbel will not be liable for any damage of any type, indirect or direct, the User or anyone on its behalf sustains if any information that is remitted is lost or reaches a hostile entity and/or any unauthorized use is made thereof.

Avishag Arbel undertakes that it will not make any use of the Users details registered with the website other than for the purpose of operating the website and in order to allow for purchases to be transacted through the website as well as for the purpose of keeping in contact with the User. Notwithstanding the foregoing, Avishag Arbel will be entitled to transfer the User’s personal details to a third party in the event the User committed an act or omission that hurts or is likely to hurt Avishag Arbel and/or third parties, the User used the Avishag Arbel services to commit an illegal act, if Avishag Arbel receives a judicial order instructing it to remit the User’s details to a third party and in respect of any dispute or legal proceeding.

Likewise, Avishag Arbel may use the User’s personal details, without identifying the specific User for the purpose of statistical analysis of the information and presenting it and/or delivering it to other entities.

Avishag Arbel Canceling a Purchase Transaction

Avishag Arbel reserves the right to terminate at any time, pursuant to its exclusive discretion, activity on the website and /or to cancel any purchase transaction executed by a User, including but not only, in each one of the cases detailed below:

• If after the purchase transaction was completed it becomes apparent that the item is no longer in stock.

• The credit card details and the User’s full details were not inputted into the system.

• Any time an action was executed contrary to these Terms.

• The User committed an illegal act and/or violated the provisions in the law;

• The User, upon concluding a purchase transaction and/or thereafter, remitted wrong details;

• The User committed an act or omission that hurt Avishag Arbel and/or anyone on its behalf and/or the website’s regular activity and/or other third party.

• In any case that due to a “force majeure” Avishag Arbel is unable to properly operate the website, to supply the products to the User and/or meet any other of its obligations. In this section “Force Majeure” means: including but not limited to computer malfunctions, malfunctions with the telephony system or malfunctions with other communication systems, sabotage and any security incident or nature disasters.

Under such circumstances Avishag Arbel is entitled to cancel the transaction or offer the User an equivalent alternative item, pursuant to its discretion and in accordance with the circumstances of the cancellation.

Whereupon such a sale is cancelled Avishag Arbel will not be responsible and will not bear, in any event, any direct, indirect, consequential or special damage the User or third party sustains including but not limited to damage in respect of purchasing the product and/or the service from a third party at a higher price. 

Customer Service

For details and inquiries in respect of products and/or the delivery thereof you may contact Avishag Arbel’s customer service department via emails at wholesale@avishagarbel.co.il or via telephone: +972 3681—0018

Intellectual Property

All of the intellectual property rights to all content on the Avishag Arbel website, including but not limited to trade marks, patents, copyrights, designs, methods and trade secrets are Avishag Arbel”s property only. These rights apply, inter alia, to the graphic design of the Avishag Arbel website, the databases therein (including but not limited to the product lists, the product descriptions etc.), the website’s computer code and any other detail associated with the operation thereof.

No commercial use will be made of the data published on the Avishag Arbel website, the database on the website, the lists and pictures of products appearing on the website or other details that are published by and/or on behalf of Avishag Arbel without obtaining Avishag Arbel’s consent to do so in advance and in writing.

No use will be made of any data published on the Avishag Arbel website for the purpose of displaying them on a website or other service contrary to the provisions in the agreement and/or without obtaining Avishag Arbel’s consent to do so in advance and in writing and subject to the conditions of such consent (if and insofar as given). Inter alia it is prohibited to collect data from the website  through software and/or to distribute such data in public in a commercial manner or in a commercial framework.

No information will be copied, duplicated, distributed, sold, marketed and translated from the website  (including but not limited to trade marks, pictures, texts and computer code without obtaining Avishag Arbel’s explicit permission to do so in advance and in writing.

The name Avishag Arbel Maternity Ltd., the brand name product Avishag Arbel, Avishag Arbel’s trade marks (whether registered or not) and such like - all are Avishag Arbel’s property only. No use will be made thereof unless its consent to do so was given in advance and in writing.

Icons, any information and/or displays appearing on the website, including but not limited to graphics, design, verbal displays, trade marks, logos and the editing and displaying of these are exclusively owned by Avishag Arbel and/or anyone on its behalf. The content appearing on the website will not be copied, duplicated, distributed, publicized or used by any other means unless Avishag Arbel gave its consent to do so in advance and in writing.

Governing Law and Jurisdiction

The law to govern these Terms and/or any action and/or any dispute deriving from them is solely the Israeli law.

In any case of a dispute, exclusive jurisdiction to entertain any dispute deriving, directly or indirectly, from the provisions in these Terms and/or use and/or purchase from the website  - will be given to the courts (Magistrate and District) in Tel-Aviv-Yaffo and not to any other court or judicial instance.

if you have any further questions or require further clarification, please contact us by sending an e-mail to: support@avishagarbel.com