Privacy Policy
Website Terms of Use
1. Definitions
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.
2. The terms
of use are drafted, for convenience only, in masculine gender only, but they apply to both sexes.
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.
6. Ordering
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 Sokolov 55, Ramat Hashron,Israel, 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 Israeli Consumer
Protection Law, 1981 (hereinafter: "the Law") and the Israeli 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 30, 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 Israeli law.
2. The Israeli courts in Tel Aviv 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 – Sokolov 55, Ramat Hasharon, Israel.