For the purposes of these Terms and Conditions, the terms set forth below shall be interpreted according to the following definitions:
Website/Site: Online sales website named: EXFACTORYJEWELRY.CO.IL.
Item: A piece of jewelry offered for sale on the site and/or sold through it.
Company: Ex Factory Jewelry Ltd., a private company registered in Israel, under reg. no. 515850105.
Purchaser: Any purchase who purchases an item from the company through the site.
Region: The defined region in which purchase and supply of jewelry through the Website are enabled. The region will be determined by the Company from time to time, in its absolute and exclusive discretion.
2. General Conitions
1. Making a purchase through the Website is conditional and subject to acceptance by the purchaser of the terms set forth in these Terms and Conditions. The use of the Website by the purchaser shall be considered as acceptance by the purchaser of all the conditions set forth in these Terms and Conditions.
3. Wherever a caption is in singular form - it should also be regarded as referring to plural (multiple) form, as applicable.
4. The Website Domain, the Website itself and ali contents, specifically any intellectual property therein, are the sole property of the Company.
5. Any and all details and information appearing on the Website may not be reproduced or copied without the prior and explicit consent of the Company, in writing.
6. The Website is aimed for private use only and its use is limited to execution of jewelry purchases from the Company through the Website.
7. The Company has the right, at any time, to discontinue the operation of the Website, for any reason and/or cause and in it’s the Company’s absolute discretion. In a case the Company decides to discontinue the operatin of the Site, all transactions made through the Site will be executed until the date of cessation of the site's activities.
3. The Guiding Idea
1. The idea behind initiating the business is to integrate business and social ideas.
2. The goal is to offer to the public jewelry made of whole genuine gold, yellow, pink or white, 14 or 18 carats (not gold filled or gold plated), studded with diamonds, sapphires, emeralds (rubies) - all real and natural, at low and accessible prices, and enable everyone to purchase genuine and valuable jewelry at low and affordable prices.
4. The site
1. The Site is an online jewelry marketing site.
2. The Site is owned and operated by the Company.
3. The records and information stored on the server through which the Website is operated will constitute apparent evidence of the actions taken therein.
5. The jewelry / Items
1. The jewelery is 14 carat gold jewelry (unless explicitly stated otherwise (e.g. 18 carat)). The company does not sell gold plated or gold filled jewelry.
2. In some pieces of jewelry, precious stones and semi-precious stones are used. All the precious and semi-precious stones are genuine. Diamonds used are genuine natural diamonds, not laboratory diamonds and not industrial diamonds; The same goes for the other precious and semi-precious stones that are used by the company.
3. Each diamond and gem are accompanied with a gemological certificate describing the jewel/gem and a warranty, in the form attached hereinafter as Appendix A. As to the weight indicated in the certificates, it is an approximate weight.
4. All the items offered in the site are new and have not been used before, unless otherwise explicitly stated.
5. The Company does not warrant the availability of an item that appears on the Website. The Company will do its best to ensure that at the time of delivery, the item will be in stock or is expected to enter the inventory within the time frame of delivery. Ii it becomes clear to the Company, after an order is placed, that the item is not in the Company's inventory and is not expected to enter the inventory within the time frame of delivery, the Company has the full right to cancel the transaction and the credit charge, while notifying the Customer. Under such circumstances - the Customer will not have any claim and /or any other rights against the Company and he will not be entitled to any compensation from the Company.
6. The photos on the website are for illustrative purposes only. There may be differences between the image on the site and the actual items provided due to the limitations of transmitting the information through the website or due to the fact that natural precious stones vary in colors and similar features.
1. The customer must be at least 18 years of age, has legal qualifications to carry out transactions and carries a valid ID.
2. The customer must own a valid credit or debit card enabling remote purchasing through the the Internet or over the phone.
3. Once a transaction is made, the Company does not retain the credit card details in order to prevent possible damage to the customer and prevent leakage of information.
4. To carry out a transaction, the customer must register on the website and provide the details requested by the company for this purpose.
5. By enlisting to the Website, the Customer agrees to join and be added as a member to the Company's Customer Club. Customer's details will be stored in the Company's database and used for the purpose of the Customer's activities of the Company and for the purpose of sending promotional material to the Customer, Promotional, Direct Mail and Statistical Needs.
6. The Customer also agrees that cookies will be used to improve the service granted by the Company.
7. The Company undertakes not to sell the information stored on the Website to another commercial party. The ordering party may at any time request in writing for its removal from the Company's database and the removal will be done within 3 business days from receipt of such notice by the Company.
7. Ordering Procedure
1. A transaction can be made via the website or by phone.
2. In order to execute the transaction, the ordering party shall provide the Company, via the website or by telephone, with full personal details, including the identity number, address, telephone number and e-mail address, as well as the credit card details and the exact location for the delivery of the item(s) in order to enable the delivery to be made. .
3. The Company has the full and exclusive right to determine that it does not accept certain credit cards, considering the identity of the card issuer, the type of card or for any other reason, in its sole and exclusive discretion and without the obligation to state reasons for denial.
4. After the Company verifies the item is in stock or is expected to enter the inventory within the specified delivery date - the credit card will be charged for the transaction amount and a transaction confirmation message will be delivered to the orderer via email or telephone.
5. The Company has the right and the sole discretion to limit the number of items purchased in a single transaction or the maximum amount to be executed in a single transaction and is not obliged to provide reasons for the denial.
8. The right of the company to refrain from making a transaction
1. The Company has the right to refrain from conducting a transaction, in its absolute discretion, and without the obligation to state reasons.
2. Without prejudice to the generality of the foregoing, the Company's right to refrain from carrying out a transaction shall also apply to areas where the Company decides to refrain from carrying out transactions for reasons of security and/or shipment limitations or for any other reason.
3. In the event that the Company decides to refrain from making a transaction, no charges will be applied to the Customer and the Customer will not be eligible hold any claims against the Company.
9. Shipping Regulations
1. Delivery of item/s to the ordering party will be made by delivery or self-collection.
2. When a purchase is in excess of EUROs 250 - the item(s) can be delivered to the purchaser without any shipping charges.
3. When a purchase is under the amount of EUROS 250 , the item(s) can be delivered to the purchaser , from Monday to Friday between 09:00 and 17:00 at a cost of EUROS 10 . It is also possible to coordinate self-collection at the Company's branches during their hours of operation. In this case, it will be possible to collect the items after three business days from the date of transaction approval.
4. The Company warrants that the item/s will be shipped from its logistic center within 3 business days of the transaction approval and will be delivered to the customer within 12 additional regular business days. For the avoidance of doubt - weekends, holidays and days in which the Company will be limited in promoting the delivery or because of Force Majeure will not be included in the count of working days.
5. If there is a delay in delivering the order, for any reason, a notice shall be given to the ordering party by e-mail or telephone.
6. The item/s shall be delivered to the address provided to the Company and shall only be delivered to the orderer or to authorized person holding a duly certified power of attorney on his behalf, together with a valid official certificate (ID, passport or driver's license) of the recipient. The deliverer of the item/s may refrain from handing over the item/s in the event of failure to fulfil one of the above conditions or in any case where there is a suspicion that the recipient is not authorized to receive the item/s on behalf of the orderer.
7. If the item/s delivery to the ordering party fails due to incorrect information or missing information provided by the ordering party to the Company, the ordering party will be liable for all expenses incurred by the company as a result of the above.
8. The item/s will be delivered through a courier company as decided by the Company and at the absolute discretion of the Company.
9. The delivery of the item/s shall be carried out exclusively within the Region provided that there is no security and / or safety and / or technical and / or other reasonable prevention of the supply.
10. The product may be returned by delivery to the Company's head office at_____________________ or at any of the Company's branches, during business hours or by registered mail delivery to the said address together with all relevant details and documents for cancellation of the transaction.
10. Cancel Of A Transaction
1. In the context of cancellation of transactions, the Company operates in accordance with the provisions of the Consumer Protection Law, 1981 (hereinafter: "the Law") and the Consumer Protection Regulations (Cancellation of Transaction), 2010 (hereinafter: "the Regulations"), with the main points set out below. In the event of a conflict between the provisions of these Bylaws and the provisions of the Law and Regulations - the provisions of the Law and Regulations shall prevail.
2. For the purposes of this chapter, the terms set forth below shall be interpreted by the definitions next to them:
"Original packaging" - an object and any material used as a cover for an item/s that does not form an integral part of the item/s and is not essential for the use of theitem/s.
"Cancellation Fee" - as defined in section 14E (d) of the Law.
3. All of the provisions of this section are governed by the Regulations and to the extent that the regulations are easier on behalf of the Orderer as to what is stated in the section, the regulations will apply.
4. The ordering party may cancel the transaction, by e-mail or written notice to the company, within 3 business days of receipt of the item/s, provided that the customer has returned the item/s to the company, with the original packaging, in the office or according to the shipping regulations, and the item/s is/are in their original and unused condition, without any flaw, and without any use of it.
5. According to the regulations, the ordering party will not have the right to cancel the transaction for item/s made specifically for the ordering party or adapted to his needs or his dimensions.
6. According to the regulations, a transaction is not possible if the price paid for the item/s exceeds EURO 800.
7. Cancellation of a transaction is subject to the presentation by the orderer to the Company of all the original documents that relate to the transaction, including original tax invoice and appropriate means of identification.
8. Subject to the regulations, the return of the proceeds will be made, unless otherwise agreed between the Company and the ordering party, by means of the ordering credit card account. The Company reserves the right, at its discretion, to return the consideration either in check or cash.
9. The Company may charge the ordering party, in the event of cancellation of a transaction, in addition to the cancellation fee, also a fee it is charged for the clearing of the credit card in the canceled transaction and the cost of the delivery of the item/s to the customer.
10. For cancellation of a transaction, the ordering party will be charged a cancellation fee of 5% of the item/s price or EURO 25, the lower of the two..
11. In the event that the ordering party believes that there is no match between the orderered item/s and the item/s he received - the ordering party will notify the Company within 24 hours of receiving theitem/s.
12. Failure to give such notice by the orderer will, on his part, waive any allegation of a mismatch between the item he ordered and the item actually received.
11. The Company's right to cancel a transaction
1. The Company may cancel a transaction if it becomes apparent that the item is not available for delivery or in the event that it becomes apparent that the Company has discovered that there is some defect in the item that does not allow its proper use.
2. The Company may also cancel a transaction in the event that it becomes evident that there was an error in advertising the item, including its description, price, characteristics or any other details that could have a material impact on the transaction.
3. The Company has the right to cancel a transaction if it has been done in contravention to the the instructions of this document or contrary to any law.
4. The Company has the right to cancel a transaction if it becomes clear that there is a financial debt of the ordering party or that the credit card through which the transaction was executed is blocked or restricted in use.
5. In the event of cancellation of a transaction by the Company under the circumstances mentioned this section – the Company will reimburse the ordering party any consideration paid by him and will not be liable for any claim and be exempt from any claim by the ordering party.
12. Applicable law and jurisdiction
1. The transaction and everything related to it and to the site– will be bound to the __________ law.
2. The __________courts shall have exclusive local jurisdiction with regard to the transaction,.
13. Prerogative of the Company to Alter These Articles
1. The Company has the prerogative to alter these Articles at any time and its sole discretion.
2. Never the less, such alteration shall not apply to a transaction that was already executed between the orfering party and the Company.
14. The Address Of The Company With Regard To A Transaction
Unless otherwise published by the Company, the address of the Company with regard to a transaction will be - __________________________________.