Gift Cards Policy
Gift Card - Rules of Purchase
Effective Date: December 2021
1. Gift Card Purchase
1.1 These terms shall apply to a gift card purchase transaction (the “Card” or the “Gift Card”) (hereinafter: the “Transaction”/ “Gift Card Purchase”) through GA-DE website (hereinafter: the “Website”) from Danya Cosmetics Ltd. Co. No. 511068405 (hereinafter: “Danya”), address - 16 Hakadar Street Netanya, Israel Postal Code 423 7796. These terms and conditions shall apply to you, the purchaser of the Card (hereinafter - the “Card Purchaser”) and/or to you, the recipient of the Gift Card - the Card Holder (hereinafter - the “Card Holder”), as the case may be and according to the context.
1.3 A preliminary condition for the execution of the Transaction on the Website is that you are 18 (eighteen) years old and more or a corporation incorporated according to the laws of the state of Israel; lawfully holding a valid credit card or a PayPal account or another lawful and valid means of payment (all of the above as changed from time to time shall be hereinafter referred to as: “Means of Payment”) and that you are entitled according to any law and/or according to any agreement with the issuer of the credit card in your possession to make transactions with the credit card as aforesaid. Alternatively, you declare that you are the owner of an active Means of Payment and that you are entitled to act through it according to the law. You also declare that you have in your possession an active e-mail address.
In these rules the term “credit company” also means any body which issues/operates any Means of Payment such as PayPal.
1.4 In order to purchase a Gift Card on the Website you shall be required to give your personal details, the details of the credit card/Paypal account/ Means of Payment held by you, email address and additional details, all as specified on the Website (hereinafter - “Personal Details”). If you decide to make purchases on the Website after registration and not as a visitor you shall have to choose a password to be used by you to make the purchase and/or for future use on the Website. It is clarified that you should keep the details of your password and your other Personal Details in a secure manner, preventing any third party from accessing them. You are required to immediately report to Danya of any unauthorized use of your password and/or Personal Details of which you become aware.
1.5 You should also provide the Personal Details of the Card Holder.
1.6 The billing shall be made in accordance with the terms and conditions of the Credit Company. If upon the execution of the Transaction on the Website erroneous identification details are provided by you such as address, ID number, credit card/Paypal account details and the like, and/or if the Transaction is not authorized by the Credit Company and within seven days from receipt of the Credit Company’s rejection notice you fail to solve the problem and receive a new authorization from the Credit Company, Danya shall be entitled to cancel the Transaction, at its sole and exclusive discretion.
1.7 Danya is entitled, at its absolute discretion, to conduct any examination it may deem appropriate and, among other things, to demand additional details and/or refuse to make any transaction/sale and/or cancel any transaction or sale if the additional details are not verified and/or if the circumstances of the transaction raise the suspicion that the transaction is not intended for the customer’s personal use and/or if the transaction is not in the ordinary course of business and/or if it is made in suspicious circumstances and/or in any event of suspicion that the on-line purchase may be abused.
1.8 Upon the completion of the Transaction, confirmation of the Transaction details shall be sent to your e-mail address.
1.9 By making the Transaction you declare that the credit card with which the Transaction is made is owned by you or by the corporation on whose behalf you make the Transaction, that the card is valid and that you are authorized according to any law and/or agreement to use the card for the purpose of making the Transaction in the relevant Transaction amount and conditions. If the Transaction is made through a Paypal account or Means of Payment you declare that the account/ Means of Payment is owned by you and that there is no preclusion according to any law for making the Transaction through said account. If the Transaction is made by a corporation, you declare, in addition to the aforesaid, that you are authorized according to any law and according to the corporation’s incorporation documents and the resolutions of the authorized organs of the corporation, to make the Transaction.
1.10 The amount paid by you to purchase the Gift Card on the Website shall not entitle you to participate in deals such as “Purchase-Get”, “1+1 Deals”, “Purchase Products for ...” get ... free”, "% __ on all products on the site" and the like and shall not entitle you to receive any gifts or benefits (hereinafter: "Deals on the site").
1.11 The Deals on the site will not apply to the amount paid by you for the purchase of the gift card.
2.1 The Card Holder/Purchaser Card may purchase only products which are marketed on the Website.
2.2 Danya has the exclusive discretion to determine the range of products displayed on the Website and/or to change it from time to time and to decide which products of all products distributed by it shall be displayed and/or sold on the Website. Without derogating from the generality of the aforesaid, Danya does not undertake to offer for sale on the Website the entire products distributed by it and/or that all products displayed on the Website shall be in fact offered for sale. It is also possible that some of the products distributed by Danya shall be sold only on the Website. In addition, Danya may at any time and from time to time, at its exclusive discretion and without prior notice, change the range of products offered on the Website, replace them or remove them from the Website and the like.
2.3 Danya may discontinue and/or disable at any time, at its exclusive discretion, any purchase made through the Gift Card and/or cancel the Transaction, without prior notice, including, inter alia, under the following circumstances:
a. If Danya is of the opinion that the Card Purchaser and/or Card Holder provided erroneous details intentionally.
d. If the Credit Company limited or disabled the the Card Purchaser’s use in any way or manner.
2.4 The discontinuation and/or disabling and/or cancellation of the Gift Card does not derogate from any other remedy available to Danya and/or any third party according to the law.
3. How the Transaction is Made
3.1 The Gift Card shall be sold on the Website. Upon the sale the Card Purchaser shall be required to complete the details as required on the Website when the Transaction is made.
3.2 If the Credit Company does not authorize the Transaction, notice to that effect shall be provided by Danya to the Card Purchaser. The Card Purchaser shall be required to contact Danya by telephone to arrange the execution of the Transaction. The Gift Card shall be valid only after the Transaction is authorized by the Credit Company.
3.3 Danya reserves the right to change the number Gift Cards which may be purchased. Danya has the exclusive discretion in that regard and no prior notice on its behalf is required. Any change as aforesaid shall be posted on the Website and shall be valid as of the date it was so posted on the Website.
3.4 The Card Purchaser shall bear the cost selected by it with respect to the value of the Card. The value of the Gift Card includes VAT according to the law.
4. Using the Gift Card
4.1 The Gift Card shall be valid for up to 24 months as of the Transaction authorization date. It is the responsibility of the Card Holder/ Card Purchaser, as the case may be, to use the Gift Card by the expiration of the above period. Thereafter the Gift Card shall have no value and/or validity. No refund and/or other consideration and/or compensation shall be given for failure to use the Gift Card by its expiration date.
4.2 The Gift Card entitles the Card Purchaser or Card Holder to purchase Danya’s products only on the Website up to the Gift Card’s amount.
4.3 The Gift Card may not be converted into cash.
4.4 If the Gift Card was used to purchase products the price of which is lower than the Gift Card’s amount, and the balance does not exceed 5% of the Gift Card’s amount or NIS 100, according to the lower, the Card Holder or Card Purchaser, as the case may be, shall be entitled to receive the remaining balance.
4.5 The Gift Card shall be used according to applicable law.
4.6 The Gift Card may not be used for the purpose of repaying a prior debt to Danya.
4.7 Handling and shipping costs may not be paid by the Gift Card.
5. Cancellation and Return Policy
5.1 The purchase of the Gift Card may be canceled solely by the Gift Card Purchaser according to the Consumer Protection Law, 1981 and the Consumer Protection (Cancellation of Transaction) Regulations, 2010. To cancel the Transaction the Gift Card Purchaser should contact Danya within 14 days from the Transaction’s execution date provided that the Gift Card has not been used. Upon the cancellation of the Transaction Danya shall charge the Gift Card Purchaser with cancellation fees in an amount equal to 5% of the value of the Card or NIS 100, according to the lower. If Danya is charged by the Credit Company for credit card clearance in connection with the Transaction, Danya shall be entitled to charge said amount to the Card Purchaser. After the cancellation of the Transaction, the credit shall be made according to the Credit Company’s procedures.
5.2 If you wish to cancel the Transaction, you may do so, within the above time-frames, in one of the following ways:
a. Through the “Contact Us” feature on the Website.
b. By e-mail to: email@example.com
c. By telephone to the Website’s customer service: +9729-8864000. Business hours: Sunday to Thursday, 08:30-16:30.
5.3 Upon the cancellation of the Transaction the Gift Card shall be revoked. It shall not be valid and may not be used.
5.4 Purchases made and Products purchased with the Gift Card may not be canceled and returned.
6. Product liability
The liability for the products purchased on the Website is subject to the provisions of the Consumer Protection Law, 1981 applicable in Israel and according to these Rules.
8. Removal from Distribution List
If you wish to be removed from our distribution list you may act in one of the following ways:
8.1 For a quick and immediate removal from the list without contacting us - through the link attached to any promotional mailing or SMS sent to you. This is the quickest and most recommended way.
8.2 By sending an e-mail message to the following email address: firstname.lastname@example.org
8.3 Through the “Contact Us” feature on the Website.
9.1 In no event shall Danya and/or any entity related to it, their employees and/or anyone on their behalf be responsible in any way or manner whatsoever to any damage and/or loss and/or expense which shall be caused to you and/or anyone on your behalf and/or in your stead, either directly or indirectly, in connection with and/or as a result of your use of the Website. In addition, Danya and/or anyone on its behalf are not and shall not be responsible in any way or manner whatsoever to any engagement which may not be carried out.
9.2 Danya shall not be responsible, directly or indirectly, for any reason whatsoever, if you are unable to use the Website, either fully or partially, and make transactions thereby.
9.3 In the event of a clerical error, error in product description and/or its price, terms of payment, product's image and/or any other information displayed on the Website, error in your details as they appear in Danya’s database and any other error, Danya shall be entitled, but not obligated, at any time, to cancel the Transaction in whole or in part and to repay you any amount incurred by you.
9.4 Danya shall be entitled, at its exclusive discretion, to transfer the ownership in the Website to any third party, provided that your rights according to these Rules continue to be in effect. You agree that Danya shall be entitled to transfer your details in its possession to a third party if ownership is transferred as aforesaid.
10. Governing Law and Jurisdiction
The use of the Website shall be exclusively governed by the laws of the state of Israel. Exclusive jurisdiction with respect to any thing or matter arising from the Website is vested solely with the competent courts in the district of Tel Aviv - Yafo, Israel.
11.2 Danya may make changes in these Rules at its exclusive discretion. The change, if any, shall enter into effect as of the date it was posted on the Website. By using the Website after any such change you convey your consent to the change. It is therefore recommended to re-read these Rules from time to time.
11.3 Failure to use any right vested in Danya according to these Rules shall not constitute a waiver of such right in that event and/or in other similar or different event.
11.4 In any event of claim, of any kind and nature whatsoever, with respect to any matter relating, involving and arising from the Website, any such claim may be filed within up to one year from the date on which the cause of action was created, and after the elapse of said period, the claim shall be statute barred. In addition, the maximum compensation amount, if any, that you shall be entitled to receive if you prove your claim under any cause of action, is up to NIS 500 and nothing beyond that, the above without derogating from your right to be reimbursed for any amount paid by you to Danya, if the competent court decides that you are entitled to be so reimbursed.
11.5 It is clarified that if any provision which is included in these Rules is illegal or shall become illegal, is not valid or is unenforceable, all other provisions shall remain in force.
11.6 The Gift Card is not a charge card as this term is defined in the Charge Cards Law, 1986.
11.7 In these Rule the feminine gender includes the masculine gender, and vice versa. Words in the singular include the plural and vice versa.