TERMS & CONDITIONS
Website - General Terms of Use
Effective date - January 2022
Welcome the Danya Cosmetics Ltd. website (the “Website”). We ask that you read these Terms carefully Before visiting the Website, since by visiting the Website, you acknowledge that you have read and agree to these Terms and that if you failed to read them, you were given the opportunity to do so and you agree and consent to be subject to these Terms without any condition or reservation.
We may amend these Terms from time to time to the extent the offered services and/or content changes, etc. We recommend re-reading these Terms from time to time. The effective date for these Terms is indicated at the top of the page.
For the sake of convenience these Terms use the feminine form but are of course directed at males also.
Intellectual Property Rights
The information and content available on the Website, including the Website “look and feel”, trademarks, symbols, text, photos, designs, graphics, video, and audio, are the property of Danya unless indicated otherwise. You may use the Website for your private and personal purposes only.
You may not use or publicly display or copy or deliver to a third party any part of the Website, and you may not copy, change, duplicate, edit, translate or adapt the Website content to other websites, electronic publications of any kind, software or computer applications, phone, cellular communication, radio, television, print or any other media and everything related to and arising thereof, without the prior written confirmation from Danya.
You may not use (or abuse) the Danya trademarks and/or trade names and/or names and/or symbols and/or logo.
For your information, violation of intellectual property rights may result in civil and/or criminal action.
Representation and Warranty
By using the Website you hereby represent and warrant to use the Website in a customary manner and good faith and that you are not in violation of any applicable law, including intellectual property rights of third parties including trademarks, copyright, trade secrets or the right of privacy, and/or any other rights of third parties and that you in no way distribute any publication, material protected under copyright, trademark or information that belongs to the owner of the intellectual property without the consent of the intellectual property owner and that you make no use of the activity to distribute information and/or particulars in contrary to the law, and among else you make no slander, privacy infringement or any other violation of the law and that you alone are responsible to all your actions.
Content for Publication
Without derogating from the provisions above and below, when you send responses, content or material to Danya and/or post them on the Website (hereinafter, “Content for Publication”) you acknowledge by their delivery that you are the owner of all rights thereto, including intellectual property (including copyright) and that you are authorized to deliver them for publication. If you are not the author or copyright owner in the Content for Publication you acknowledge that you received due permission from the owner of rights, allowing you to deliver the Content for Publication and to grant the following rights of use therein.
You are aware that by uploading the Content for Publication you provide a free, global and indefinite license to use the material sent, and approve its publication in every time and place, and to copy, duplicate, distribute, market, deliver to the public and use such information according to Danya’s sole discretion in every media or other publication used by Danya as it deems fit and you hereby permit Danya to make any use of the Content for Publication it deems fit and/or transfer it to third parties in its discretion. You are aware and consent that you will not be entitled to any consideration in money or equal money for delivery of the Content for Publication and that Danya does not undertake to publish your name as the source of the Content for Publication or to give you credit and that you are aware that Danya does not guarantee to publish it. You also hereby acknowledge that you have given your consent to any modification and/or edit of the Content for Publication.
No Liability or Warranty
Under no circumstances shall Danya and/or anyone on its behalf including its officers, directors, shareholders, consultants, etc. be liable for any damages with respect to anyone on its behalf involved in using the website, among else, damages arising of the use of and/or inability to use, the website and/or any technical failure related to website operation or from the information provided on the website or from any failure of performance, error, omission, interruption, deletion, computer virus, communication line failure, cyber attak theft or destruction or unauthorized access to, alteration of, or use of record. Danya does not warrant that the services provided on the Website, all or some of them, are provided in an orderly manner without breaks or malfunctions, software, hardware of communication lines damages or malfunctions of Danya and/or anyone on its behalf. You represent that you are aware that visiting the Websites depends, among else, on third parties. Danya is not responsible to any act or omission of third parties including behavior that involves slander, abuse or is illegal of other users or third parties and will not be responsible to any damage and/or loss and/or expense incurred by you and/or any third party resulting of the above. Danya and/or anyone on its behalf will bear no liability for anything arising of the Website use, including your data files, software and/or hardware. The services and information on the Website are provided as is. Danya cannot accommodate them to your personal needs. You will have no argument, claim or demand concerning their inaccuracy or conformity with your needs. Use of the services and downloading data from the Website is therefore done at your full and exclusive risk. Danya and/or anyone on its behalf will not be held liable to any direct or indirect damage, pecuniary or other, suffered by you resulting of using the Website or reliance on the information provided in the Website. Among other things, there is no undertaking or warranty that you accomplish successful outcomes by following an instruction and/or directive and/or recommendation provided in the Website.
You use and visit the Website at your risk alone. If you are unhappy with any materials advertised on the Website or with any of these Terms, please stop using the Website.
Information on the Website
The information and content in this Website were reasonably reviewed and edited. However, it may still contain innocent errors, disruptions or inaccuracies. Danya cannot be held responsible to the Website content quality, reliability and that it is up-to-date. The information may be up-to-date for a certain date but later changed. Danya does not warrant that the descriptions, colors, information about its products or any other content available on the Website are accurate, complete, reliance, current and error-free. Do not rely on the information in any material affair without first inspecting it independently. Prior to deciding to act based on such information you must remember that your personal circumstances require personal advice from a professional. We ask that you consult the appropriate professional (physician, cosmetician, etc.) before making any move that relies on the Website information. You alone are responsible to any decision you make based on the information posted on the Website. Danya does not warrant that details posted on the Website are full, accurate or true, or conform to your expectations and/or demands.
Product Information
The statements posted with respect to the products were not inspected and/or approved by the regulatory authorities and the reported outcomes, if any, do not necessarily present with each user. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.
You must make sure you use all products strictly in accordance with their instructions and precautions. You should always check the ingredients for products before use to avoid allergic or others reactions.
Services that Require Registration
The Website offers services that require registration. You can benefit from these services only after completing the registration process, providing the required information and confirming your consent to everything related to the service.
Upon registration to the service, you will be asked to provide personal information such as your name and an active email address used by you. You must only provide true and accurate information. Providing wrong information will deny you use of the service and the option to contact you when needed. Please make sure to keep your information up to date if you wish to continue benefiting from the service.
Danya may deny your access to a service that requires registration in its sole and absolute discretion. Danya may also terminate your registration to the service or block your access to the service at any time, among else for the following reasons: if you provided wrong/partial information when registering to the service. If you committed an act or omission that damages or may damage Danya or any third parties. If you violated the Website Terms of Use or any term of any Rules posted on the Website or if you violated any law. If you performed any action to prevent others from joining the service or continue benefiting from the service in any manner, etc.
Privacy Policy
Danya respects the the privacy of its Website users. For that end, Danya posts a Privacy Policy reflecting its conduct of private information collection, management and use in the Website. We recommend reading the Privacy Policy prior to using the Website in general, and to providing personal information specifically. The Privacy Policy is an integral part of these Terms. As the Privacy Policy may change, we recommend you re-read it from time to time.
We remind you that if you do not wish to allow us to collect your personal information you must not provide us with such information.
Website Links
The information posted on the Website may contain links to other websites and information sources. Such websites or information are not posted by Danya or anyone on its behalf. Danya is not responsible to them in any way. You may find that such information or content do not fit your needs, or that you object to its content, or believe that it is aggravating, annoying, inappropriate, illegal or immoral. You must know that Danya cannot determine the extent to which the information in such external websites is reliable, complete, accurate or current. Danya has no control or supervision over the information posted in websites linked from the Website. Therefore, having a link to a certain website on the Website does not constitute confirmation that the information in such site is full, reliable, current or trustworthy.
Danya does not warrant that all links on the Website are intact and lead to an active Internet website. Danya may remove from the Website links previously included there or refrain from adding new links - all in its sole discretion.
Our Terms and Privacy Policy only apply to your use of the Danya Website. Please review the terms of use and privacy policy of every linked supplier and/or website. If you do not agree to be bound by the terms and conditions therein, we recommend you terminate your use of that service or your visit to the linked site.
Contact Us
If you believe that some or all of the information and/or content on the Website are protected with copyright and/or otherwise protected and violate the rights of any third party please contact us, indicate the breach and your contact information.
Contact us if you wish to report legal violations related to our Website.
Please let us know if you found any error or lack of information, data or any details posted on the Website. To the extent it is within our power we will try to inquire and fix it as soon as possible. Danya does not warrant to amend every error and/or defect.
Please contact us in one of the following:
By mail, to:
Danya Cosmetics Ltd.
16 HaKadar St., Netanya. Israel postal code: 4237796
By the “contact us” box on the Website.
Removal from Distribution List
If you wish to be removed from our distribution list you may act in one of the following ways:
- 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.
- By sending an email message to the following email address: customerservice@gadecosmetics.com.
- Through the “Contact Us” feature on the Website.
Indemnification
You hereby undertake to indemnify Danya for any damage, loss of profit or expense it incurs, including attorney’s fee and legal fees, caused by violation of the Terms. You shall also indemnify Danya for every argument, claim and/or demand brought against it by any third party with respect to Content for Publication you submit to the Website.
For the purposes of this section “Danya” shall include its employees, managers and/or anyone on its behalf.
Website Changes and Termination of Service
Danya may, from time to time, change the Website structure including, among else, its appearance, scope and the availability of services provided by it and any other aspect involved in such services. Such changes may cause malfunctions or inconvenience, etc., it is clarified that you will have no argument, claim, or demand towards Danya by reason of such changes or malfunctions occurring during their execution.
At any time, Danya may terminate provision of services on the Website, all or some of them. Danya will attempt to post a notice in the Website on termination of such services reasonable time in advance.
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.
Comprehensive Agreement
These Terms, as well as all the regulations and conditions as published on the Site, from time to time, on their amendments and appendices, including those dealing with: the Privacy Policy, the Website Terms of Purchase, Delivery and Returns, Gift Card Purchase, constitute an agreement between Danya and you in anything related to and/or arising of your use of the Website.
General
Danya has the sole discretion to change these Terms. 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 Terms from time to time.
Failure to use any right vested in Danya according to these Terms shall not constitute a waiver of such right in that event and/or in other similar or different event.
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 the user shall be entitled to receive if any, after proving her action under any cause of action, is up to NIS 500 and nothing beyond that (in addition to refund of the purchase sum as per the Terms of Purchase Rules).
It is clarified that if any provision of these Terms is illegal or becomes illegal, is not valid or is unenforceable in the jurisdiction, all other effective and enforceable provisions in the jurisdiction shall remain.
Rules for Purchase outside Israel
Start date: January 2022
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Purchase via the website
- These terms shall be imposed on purchase via the website of products from Danya Cosmetics Ltd 511068405 (hereinafter: “Danya”), 16 Hakadar Street, Netanya, Israel, Postcode 4237796 , phone number 97298864000.
- These terms shall be imposed in addition to the general terms of use of the website.
- 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 For the purpose of making a purchase on the Website you shall be required to give your personal details, the details of the credit card/Paypal account 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.
- Within the framework of the purchasing process you shall be required to give your full and updated postal address.
- The charge shall be executed in one payment and shall be subject to the terms of the credit company.
- After Danya shall receive approval from the credit company for the purchase of the products that you selected, your order shall be handled and the products that you purchased shall be sent to you, all pursuant to the terms of these Regulations.
- If during execution of the order on the website you shall provide erroneous identification details such as address, identity card, credit card/Paypal account details etc, and/or if your order shall not be approved by the credit company and within seven days from the date of receipt of the refusal notice from the credit company you shall not effect a solution to the problem and ensure provision of a new approval by the credit company, Danya shall be permitted to cancel your order, at its sole discretion.
- Danya is entitled, at its sole and absolute discretion, to make any inspection, including a demand for additional details, and/ or to not approve any execution of order or transaction or to cancel any order or any transaction in case that the additional detailes have not been verified and/or in case that the circumstances of the transaction raise a concern that the purpose of the transaction is not for a personal use or that the transaction is not in the ordinary course of business and/or when exceptional circumstances exist and/or when concern of misuse of the online purchasing arise and/or in any case that concern that the consideration for the products will not be paid on time arise and etc..
- During the order process you shall be able to view the summary of the order details prior to your approval. It is clarified that after you have confirmed the transaction you shall not be able to amend the order details.
- After completion of the purchase of the products process, confirmation shall be sent to your E-mail address regarding the details of the transaction.
- Purchase of products on the website is for your private/personal use only. It is prohibited to purchase products for commercial purposes.
- By the very execution of the purchase you declare that the credit card that you are using to make the purchase is owned by you, or owned by a corporation in the name of which you are carrying out the transaction, that the card is valid and that you are authorized pursuant to law and/or agreement to execute the transaction for the sum of the relevant transaction and pursuant to its terms. If the purchase is via a Paypal account you declare that it is your account and that there is no preclusion pursuant to law for execution of the purchase via the account. In the event that the transaction is carried out by a corporation, you declare that in addition to the aforementioned you are authorized pursuant to law and pursuant to the incorporation documents of the corporation and resolutions authorized by the corporation, to execute the purchase.
- Products
2.1 The website serves, inter alia, for the purpose of sale of products marketed by Danya.
- The products displayed on the website are only part of the products sold by Danya from time to time. Danya is permitted to change at any time, and at its sole discretion, and without any advance notice the products offered on the website, to replace them or to remove them from the website.
- It is clarified that the photographs displayed on the website are designed solely for illustration.
- Danya shall do all that is possible to ensure that there shall be sufficient stock of the products offered for sale on the website however it is clarified that the stock of products changes from time to time including due to issues such as demand, manufacturing options, supply options, raw materials and additional factors and that it is possible that there could be situations in which the products appear on the website however their stock has terminated and/or have not been renewed. In any event that a product shall be purchased which is not in stock although it appears on the website, Danya shall be permitted to cancel the transaction for that same product and send a notice as to the cancellation of the transaction.
- Danya does not undertake that all the information appearing on the website regarding the products is complete and/or accurate and it is hereby emphasized that there could be mistakes and/or errors in any item as aforementioned.
- The product colors viewed on your screen may differ from the actual product colors. This is usually caused by the screen type.
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Prices
- The prices detailed on the website are in Dollars.
- The prices of the products do not include delivery fees. The delivery fees will be detailed on the website. The total delivery fee will appear in the summary of the order details and confirmation of the order that shall be sent to you.
- The prices displayed on the website do not include any taxes and customs duties whatsoever overseas inasmuch as they shall be imposed on the purchase and these shall be imposed solely on the buyer.
- The prices of the products displayed on the website are correct as of the date stated on the prices page on the website.
- Danya reserves its right to change the prices of the products and/or the delivery fees, at its sole discretion and without any need to provide advance notice. Any change as aforementioned shall appear on the website and shall be valid from the time that it appears on the website.
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Coupons and/or discounts and/or promotions
Danya is permitted, however not obligated, to award you discount coupons and/or a discount and/or a promotion (hereinafter: “coupon”) at the time of purchase via the website/by direct electronic mailing. Sometimes a coupon will be offered at the time of purchase. Sometimes in order for you to be able to cash in the coupon you will be required to enter a code pursuant to the instructions at the time of the purchase on the website. Ordering with coupon is subject to all the limitations that specified in the coupon and/or in the electronic mailing relating to it. You will be able to use the coupon code once only for each purchase. It is emphasized that if you shall not claim the coupon and/or you do not enter the coupon code for any reason whatsoever, you shall not be entitled to receive any refund, compensation or payment whatsoever.
Discounts cannot be combined with any other offers or discounts. You will not be able to take part in more than one discount at the same time.
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Delivery
- Danya makes deliveries of its products to many countries however not to all the countries worldwide. During the purchase you shall be required to enter the country to which you are requesting the delivery of the products. If you wish to make an order to a country/area to which Danya does not make deliveries of its products, you shall not be able to complete the purchase process.
- As a rule, delivery of products will take between 10-30 working days from the date of approval of the transaction by the credit company. Notwithstanding the aforementioned it is possible that there could be delays in the delivery of up to 45 working days from the date of approval of the transaction. It shall be clarified that Danya shall not be responsible for any delay in the date of delivery, for any reason whatsoever which is not dependent upon Danya, including those originating in inter alia the entity via which the deliveries are made, force majeure, war, strike, a terrorism act, disruptions or malfunctions.
- The delivery shall be made pursuant to that requested at the time of placing the order, as follows: the product/s shall be sent to you via courier/regular post, to the address that you registered in the order details on the website, on condition that this is a country/area to which Danya carries out deliveries and that this is not a post office box number. The cost of delivery is not included in the price of the product/s and it shall be added to the total price of the products.
- The delivery fee and the total price of the products shall be published on the website. Danya reserves the right to change the sum of the delivery fees from time to time.
- It is clarified that if at the time of purchase on the website you shall provide details that are incorrect and/or an address which is a post office box, as a consequence of which Danya shall not be able to deliver the requested items, you shall be charged with payment for the delivery and handling fees, as detailed on the website.
- If the products shall not reach you by 30 days from the date of purchase, you shall be able to cancel the transaction and receive a refund of all your money.
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Cancellation of a transaction
- Pursuant to law you are entitled to cancel the transaction within 14 days from the approval of the order or from receipt of the product, the later of the two. In such a case, cancellation fees at a rate of 5% shall be deducted from the credit refund however no more than 100 NIS and this pursuant to the law in Israel. The payment that Danya will be charged by the credit card company for the cancellation shall also be deducted from the credit refund.
- You shall also be entitled to cancel the transaction within 14 days from approval of the order or from receipt of the product, the later of the two, in the case of defect or inconsistency between that stated in the order approval and the product delivered to you or in the case of non-delivery of the product 30 days from the date of approval of the order or in case that one of the products which you have ordered is out of stock. In such a case you shall be refunded the entire sum that you paid to Danya for the aforementioned.
- In any event that you wish to cancel the transaction, you are required to send a notice in writing within the time periods detailed above to Danya’s Customer Service Department by E-mail to the address customerservice@gadecosmetics.com and notify of your wish to cancel the transaction. Following your notice as to cancellation of the transaction you shall receive a form to your E-mail inbox or a form by fax at your request, on which you shall be asked to fill in details. Attach the completed form to the product and return it by registered post only to 120 Nassau Avenue, Inwood NY, 11096 USA
Attn: Robin Slomin/Danya
- You are required to return the product complete, in its original packaging and on condition that no use has been made of it. You will also have to bear the return fee.
- After receipt of the product by Danya credit shall be made pursuant to the credit company’s procedures.
- In any case whereby you did not collect/receive the shipment for a reason that is not dependent on Danya or anyone on its behalf, Danya will not be held accountable and this will not be a reason to cancel the transaction and/or return any amounts.
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Cases in which it is not possible to receive a refund
It is not possible to split the return of products purchased in combined transactions such as - “Buy Receive” or “1+1” promotions. You may not cancel and return part of the items included in the transaction. You may choose one of the following options: a) to cancel the combined transaction and return everything that you purchased, b) not to cancel the combined transaction. -
Guarantee for the products
The guarantee for the products that you purchased on the website is subject to the provisions of the Consumer Protection Law, 5741-1981 imposed in Israel and pursuant to the terms of these Regulations. - Removal from Distribution List
If you wish to be removed from our distribution list you may act in one of the following ways:
- 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.
- By sending an e-mail message to the following email address: customerservice@gadecosmetics .com
- Through the “Contact Us” feature on the Website.
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Limit of guarantee
- In any event Danya and/or any entity affiliated with it, their employees and/or their representatives shall not be liable in any way whatsoever for any damage and/or loss and/or expense, that shall be caused to you and/or anyone on your behalf and/or in your stead, whether directly or indirectly, in regard to and/or derived from your use of the website. Furthermore, Danya and/or its representative are not and shall not be liable in any way whatsoever for any request which cannot be executed.
- Danya shall not bear any liability, whether directly or indirectly, for any reason whatsoever, in an event in which you shall not be able to make use of the website, whether partially or fully, and execute transactions via the website.
- You exempt Danya and/or anyone acting on her behalf from any claim and/or demand directly or indirectly related to the use and/or purchase through the Site. Without derogating from the generality of the foregoing, you acknowledge that any malfunction, disruption, delayed change, etc. that Danya has no control over or originates from force majeure, including events such as a state of emergency, war, strike, act of terrorism, government decision, closure, events related to covid-19, etc. will not entitle you to any relief or right.
- In the event of a clerical error, error in product description and/or its price, terms of payment, product’s image and/or any data and/or any other information displayed on the Website, error in your details as they appear in Danya’s database and any other error of any kind whatsoever, Danya shall be entitled, but not obligated, to cancel the transaction in whole or in part at any time whatsoever, including after making the order and/or approving the order and/or charging payment and/or at any other time without limitation and to repay you any amount incurred by you.
- Danya shall be permitted, at its sole discretion, to transfer the ownership of this website to a third party, this on condition that your rights pursuant to these Regulations shall continue to be applicable. You agree that Danya shall be permitted to transfer your details, in its possession, to a third party in the event of transfer of ownership as aforementioned.
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Law and jurisdiction
The laws of the State of Israel only shall be imposed on the use of the website. The sole jurisdiction for any issue and matter derived from this website is solely and only the authorized court in the district of Tel Aviv-Jaffa, Israel. -
General
- Danya shall be entitled to cancel any purchase transaction/order at any time if it shall transpire that you have breached any of the provisions of these Regulations/general terms of use or the provisions of any law.
- Danya has the sole discretion to make changes to these Regulations. The change, inasmuch as there shall be such, shall be imposed from the date of its publication on the website. Your use of the website after the change constitutes your consent to the change therefore we recommend that you to reread the provisions of the Regulations from time to time.
- Non-use of any right awarded to Danya pursuant to these Regulations shall not constitute a waiver of that same right in that incident and/or other incident, similar or dissimilar.
- In any event of a claim, in any shape or form, in all matters related to, entailed in or derived from this website the date of filing the claim shall be restricted up to one year from the date of creation of the cause and over and above this date obsolescence shall be imposed on the claim. Also, the maximum compensation to which you shall be entitled, if at all, shall be limited and this after you have proven your claim for any cause whatsoever up to 100 Euros/ Dollars and no more than this and this without harming your right to receive return of any payment that you have made to Danya if the authorized court shall rule that you are entitled such.
- It is clarified that if any provision in these terms is illegal or shall become illegal, is invalid or cannot be enforced, the rest of the provisions shall remain in force.
- The singular is alike the plural and vice versa.