1. Terms of Use:
Terms of Use and Acceptance of the Site: Browsing the benamijewelry.com site (here in after: “the Site”) and the use of the services offered therein by surfers (here in after: “the End User” or “the User”) are subject to the agreement detailed below. Opening an account on the site and/or opening a store on the site and/or making a purchase in one of the stores on the site constitutes the end user’s consent to the terms of the agreement below (here in after: “the Terms of Use”). These terms are determined by BENAMI jewelry LTD (CRN 517050431; from Tel Aviv; here in after: “BENAMI jewelry LTD” or the “Company”). Use of the Site is permitted only subject to agreement to the Terms of Use detailed below. By using the Site, the End User declares that he has read the Terms of Use, understood them and agreed to them in full. The end user hereby declares that he will not have any claims or demands against the operators and owners of the site, officers of the company (including directors of the company), their representatives and/or anyone on their behalf, except to the extent that they relate to the breach of the company’s obligations under this agreement. The company reserves the right to change the terms of use at its sole discretion from time to time, as it deems appropriate. These changes will apply to transactions, purchases and services purchased after that change only. This agreement is worded in the masculine gender for convenience purposes only and applies to both women and men.
2. General:
2.1 The site provides e-commerce services and online transactions on the network (the Internet) in the field of lifestyle products and quality products.
2.2 The site constitutes an infrastructure for e-commerce between end users and various merchants and business owners (here in after: “Merchants”) who are interested in purchasing the products (here in after: “Products”) of BENAMI jewelry LTD. It is hereby clarified that the Company is not responsible in any way, directly or indirectly, for the products and/or services offered on the Site, their quality, supply, etc. These are offered by the merchants and under their sole responsibility. The Company does not manufacture, supply, import or sell the products. Nor is the Company a party to transactions, if any, between the end users and the merchants.
3. Who may use and register for the Site:
3.1 The Company may, at its sole discretion, prevent any end user from using the Site; including, but not limited to, blocking access by any end user.
3.2 An end user who wishes to use the Site may open an account on the Site. Registration for the Site is personal and the end user may not transfer the account to anyone, whether in return or not. The user is responsible for any action taken from the user account.
3.3 The security of the account details is the responsibility of the end user and his sole responsibility. Any action taken by the user account will be binding and the company is not responsible for any damage caused as a result of theft of account information (account hacking) caused by negligence in maintaining the account information on the part of the end user.
3.4 Opening a user account is only permitted for those who have legal capacity. By creating an account on the site, the user declares that he has legal capacity and that there is no obstacle to being legally bound by commercial contracts. Use of the site by minors, i.e. those who are not at least 18 years old, is subject to the approval of their parents and/or legal guardian and it is their responsibility to ask their parents and/or guardian for permission to register on the site before using it. It is clarified that the use of the Site is equivalent to the User’s declaration to the Company that he is legally competent to enter into transactions and that he has received the permission of those who must permit this according to law and this Agreement.
3.5 Registration on behalf of a corporation:
3.5.1 A corporation (company, business, licensed dealer, etc.) may register on the Site and open a user account. When opening the account, the account creator declares that he is competent and authorized by the Corporation to operate on the Site in the name of the Corporation legally. The User Account can be used as a means of selling the Merchants’ products (here in after: “Store on the Site”)
3.5.2 The Company does not verify the identity of the End User and will not be responsible for any claims of any third parties against the Corporation, and the Company will not be responsible for any damages caused to the Corporation.
3.5.3 The Corporation is responsible for ensuring that the account details are true and reliable. It is the responsibility of the corporation to ensure that the payment information is correct (credit card, online payment service such as PayPal, etc.) and that the contact information with the corporation is up-to-date and correct.
4. Costs and payment for using the site:
4.1 The site does not charge a fee from the end user for linking with the merchants and making a purchase on the site.
4.2 Merchants who wish to use the site’s services will pay a monthly fee as detailed in the site’s packages. The company has the exclusive right to change the rates from time to time at its sole discretion.
4.3 Unless otherwise specified, cancellation of a transaction/package after opening a store on the site is subject to the type of package to which the corporation has committed. The company may, at its sole discretion, credit the corporation. The cancellation will be carried out when the proportional charge for the package will be made according to the amount of the period used by the merchant multiplied by the high monthly charge amount of that package, regardless of promotions or discounts.
4.4 Unless otherwise stated, all package prices appearing on the site do not include VAT.
4.5 An engagement on the Site is considered a purchase and obligates the parties to pay the full amount as specified by the Merchants.
4.6 It is clarified that the Company reserves the right to suspend and prevent access to the Store on the Site of Merchants who have not met the payments they owe under this Agreement on time. Liability for any damages in such a case will apply to the Merchants alone. It is clarified that in such a case there will be no access to the Store on the Site and the Merchants’ products will not be displayed on the Site at all.
4.7 The Site offers several methods for making payments by end users. These methods include secure pages for purchasing via credit card and/or via a PayPal account (the use of a PayPal account is required according to PayPal’s terms of use that appear on its site; the Company is not a party to the engagement between the End User and PayPal and does not bear any responsibility for the use of this payment method).
4.8 The End User declares that his information appearing in the User Account is up-to-date and correct, including contact information and payment method; The user declares that these details are valid and undertakes to update them whenever there is a change in these details.
4.9 Taxes:
4.9.1 Taxes owed by end users following a purchase on the site will apply to them.
4.9.2 Taxes owed by merchants following transactions on the site will apply to the merchants.
4.9.3 The company is not responsible and will not be liable for any tax payments for transactions carried out on the site.
5. Store on the Site and Transactions via the Site:
5.1 Opening a store on the Site obligates merchants to the following basic rules:
5.1.1 Delivery of products, their return and granting of credits will be in accordance with all laws and in particular with the Consumer Protection Law, 5741 – 1981 and the regulations thereunder. Merchants undertake to act in accordance with the Terms of Use and enforce them in transactions carried out via the Site. Merchants also undertake to act in good faith.
5.1.2 Merchants may establish regulations and terms of use for the store on the Site, but they must be fully compliant with the Terms of Use on the Site.
5.1.3 The Company may require merchants (all or any of them) to change the terms of use they have established at its sole discretion.
5.1.4 Advertising a product via the Site obligates merchants and store operators on the Site to sell and provide the product to the end user. The product must be described accurately and without misleading. The description can be made using text, images, external links, video and/or any Other means of illustration; The sole responsibility for the truthfulness and accuracy of the advertisement lies with the merchants and the company (My-Store’s) will not be responsible for these advertisements in any case.
5.2 Given that an end user complies with the terms of use of the store on the site, the merchants are obliged to provide the end users with the products purchased through the site.
5.3 As stated above, the prices displayed in the store on the site include VAT, unless otherwise stated. The responsibility for correctly advertising the price will apply to the merchants.
5.4 Shipping fees:
5.4.1 The merchants are entitled to charge reasonable shipping fees from the end users for the delivery of the products. The shipping fees will be reasonable and will be clearly detailed in the store on the site.
5.4.2 It is clarified that after the purchase via the site, it will not be possible to change the transaction price and in any case this will not affect the commission due to the company under this agreement.
5.5 The policy for returning products/services on the site is subject to the Consumer Protection Law in the State of Israel:
5.5.1 For any payment made by the customer, the service/product he purchased on the site will be received in accordance with the terms and rules published on the site and on the page where the purchase is made in particular.
5.5.2 If the customer makes a payment for the purchase of any product/service on the site and for any reason does not receive it in accordance with the terms and rules appearing on the site, the customer will be credited with a full refund for this payment.
5.5.3 The customer may cancel a transaction up to 14 days from the date of payment and receive a full refund.
5.5.4 The customer will be entitled to return any product/service he purchased up to 30 days from the date of receipt and receive a refund (provided that the product was sent in its packaging, in good condition and provided that it has not been used). The business will be entitled to deduct up to 5% of the original transaction amount, unless the reason for canceling the transaction is due to any malfunction/defect in the product. The business is not obligated to credit the customer for the costs of returning the product, and the business will not charge the customer for any return shipping costs.
6. Company’s Liability:
6.1 It is hereby clarified again that the company (BENAMI jewelry LTD) is not a party to transactions between end users and merchants. The company is not responsible for the accuracy and truthfulness of advertising in the store on the site by any of the merchants. It is clarified that the company is not able to verify that the merchants and/or end users meet their obligations after making a purchase through a store on the site. Furthermore, the Company is not responsible for and has no control over the products, their quality, quantity, legality, morality and/or any other characteristic of the products, and these are the sole responsibility of the merchants.
6.2 The Company cannot verify and guarantee the identity of the end users, and these are the sole responsibility of the end users. It is clarified that the Company does not check the end user’s details. Furthermore, the Company cannot and does not check the content and information published by the merchants on the site and in the stores on the site. The Company is not responsible for the details provided by the end users and/or merchants, which are the sole responsibility of the providers of the details.
6.3 It is further clarified that the use of the site is the responsibility of the end user, and he will bear all risks as a result of using the site.
6.4 There may be interruptions and malfunctions in the use of the site. The Company and/or anyone on its behalf and third parties who provide content to the site are not responsible for such malfunctions and disruptions. Likewise, the company and/or anyone on its behalf, including third parties who publish content on the site, are not responsible for the reliability of the content or its authenticity – even after it has been provided.
6.5 The Company shall not be liable in any legal sense (damages, contracts, unjust enrichment, etc.) towards end users and/or any other person, directly or indirectly, whether or not they have suffered damage and for any claim regarding the use of the site and/or the services offered therein, or even the lack of the possibility of using the site and/or the services offered therein. The Company shall not be liable for damages caused to the end user due to use of the site, damage to information on the user’s computer or the computer itself, etc., whether foreseeable or unforeseen. The end user declares that full and exclusive responsibility for the use of the site lies with him.
6.6 The merchants display the products in their stores on the site in good faith and the advertising, as stated, is the responsibility of the merchants. Their display on the site should not be seen in any way as acceptance of responsibility by the Company regarding the products and their nature, the names of the businesses and merchants, etc.
6.7 Use of the Site is subject to all laws and the Company shall not be liable for misuse of the Site and for illegal activity carried out by the Merchants and/or End Users.
6.8 The Site may display links to external sites that are not operated by the Company. It is clarified that the Company is not responsible in any way for the content, details and/or reliability contained in these links. It is further clarified that the Company shall not be liable for damages caused as a result of these external links.
6.9 Without derogating from any of the above, in any case, the liability of the Company (BENAMI jewelry LTD) shall be limited to the amounts paid by the End User and shall not exceed the total payments paid to the Company by the End User during the three months preceding the event that is the subject of the claim against the Company.
7. Intellectual Property:
7.1 The Site, the trademarks and all intellectual property rights on the Site belong exclusively to the Company (BENAMI jewelry LTD), unless expressly stated otherwise. Therefore, any copying, distribution, broadcasting, publication, transfer and use of all content appearing on the site, in whole and/or in part, is prohibited without the express prior written permission of the Company. Violation of this section may result in damage to the Company’s intellectual property and will be subject to fines under any law and will constitute grounds for a civil lawsuit under any law.
7.2 End users and merchants will not make any use of copyrighted materials without express permission from the legal owners of these intellectual property rights. The Company is not responsible for any damage caused to the owners of such intellectual property rights as a result of such a violation by the end users, merchants and/or any of them. It is clarified that the Company will be entitled to remove information that, in the Company’s opinion, violates intellectual property rights and violates the provisions of this section.
7.3 The merchants and end users hereby transfer to the Company all intellectual property rights, free of charge, irrevocably and non-exclusively, without limitation in place and time. The Company shall be entitled to use, reproduce, distribute, modify, adapt, publish, translate, copy and distribute the contents published on the Site, all or part of them, in whole or in part, to incorporate them into derivative works and/or any, in any form and by any means using any technology. The end users and merchants authorize all end users and/or merchants and/or anyone who may browse the Site to store, view and copy the contents published on the Site for their personal use.
8. Prohibitions:
8.1 Use of the Site to perform the following actions is strictly prohibited:
8.1.1 Misleading or counterfeiting, whether by advertising a product in a misleading, inaccurate or counterfeit manner or otherwise.
8.1.2 Fraud of any kind and actions related to fraud and/or a criminal offense (for example, selling stolen products and/or transactions that are contrary to public policy and/or any illegal activity).
8.1.3 Violation of the rights of any third parties. For example (but not limited to): violation of trademarks, patents, trade secrets and other intellectual property rights of any kind.
8.1.4 Violation of a person’s privacy. For more information about the site’s privacy policy, click here.
8.1.5 Using the site to publish defamation, advertising that may constitute harassment of a person and even harassment of a person.
8.1.6 Publishing offensive content or content with mini-pornographic content.
8.1.7 Publishing and/or selling content, software and other means that can be used by anyone for illegal activity in information systems, databases, for the theft of personal information of end users, etc. (Malware).
8.1.8 Publishing links to external sites that may harm or cause damage to the site and/or the company and/or incur legal liability.
9. Miscellaneous:
9.1 Interpretation: The section headings are for convenience only and should not be used to interpret the Terms of Use.
9.2 Nothing in the Terms of Use shall derogate from any right of the Company and/or other remedies to which the Company may be entitled.
9.3 The Terms of Use on the Site constitute an agreement between the Company and the end users and between the Company and the merchants. This agreement does not grant rights and does not constitute a contract with any third parties.
9.4 Any action or omission by the Company shall not constitute a waiver of any such right and/or remedy. The Company’s actions or omissions shall not serve as a precedent for other cases and shall not prejudice the Company’s ability to exercise its rights as it deems fit to do so. Claims regarding the waiver or muting of the Company’s rights shall not be heard.
9.5 Jurisdiction:
9.5.1 This Agreement and all actions on the Site are subject to Israeli law and Israeli law only.
9.5.2 Local jurisdiction: The competent court (subject matter) in Haifa shall have exclusive and exclusive jurisdiction to hear any matter, request or claim filed in connection with the use of the Site and/or the Terms of Use.
9.5.3 The nullity or invalidity of one or more clauses of the Terms of Use shall not cancel, modify or affect other terms and obligations under this Agreement. A provision that is unenforceable shall be replaced by a provision that is as close as possible to the original, in a manner that corrects the defect due to which it was canceled.
9.6 Correspondence:
9.6.1 Messages delivered to the Company to the e-mail address specified on the Site and/or to the address listed in the Terms of Use will be deemed to have been received one day (twenty-four hours) from the date of sending, unless a notification of an error or mistake in the e-mail address has been received.
10. Maintaining confidentiality:
10.1 The Company takes accepted precautions to maintain, as far as possible, the confidentiality of the information. In cases beyond the Company’s control and/or arising from force majeure, the Company will not be liable for any damage of any kind, direct or indirect, caused to the Customer, if this information is lost and/or used without authorization.
10.1.1 The Company undertakes not to use the information provided to it by the Customers except to enable the purchase in the virtual store and in accordance with all laws.
10.1.2 The Company does not store credit card numbers in its computers.
10.1.3 In order to make online payments, the company uses a third-party company (“Transilla”) and transfers the customer’s credit information to it. The company is secured at the highest level of security and complies with the PCI DSS Level 1 standard.
10.1.4 The site supports a variety of payment methods: Visa, MasterCard, Leumi Card, American Express, Diners credit cards, and bank transfer via Masav by standing bank instructions.