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Purchase of Products via the Website - Regulations for the Terms of Use for Purchases Made Outside of Israel
Start date: june 2016
 
1. Purchase via the website
 
1.1. 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.
 
1.2. These terms shall be imposed in addition to the general terms of use of the website.
 
1.3. The initial term for execution of a transaction on the website is that you are aged 18 (eighteen) years and over or are a corporation incorporated pursuant to Israeli law, lawfully holding a valid credit card from one of the credit companies listed hereinafter: Visa, Mastercard (There may be changes in this list) and that you are permitted pursuant to law and/or pursuant to any agreement with the issuer of the credit card in your possession to execute transactions by means of the aforementioned credit card. Alternatively you declare that you have an active Paypal account and you are lawfully permitted to transact through it. Also you declare that you have an active E-mail account. In these Regulations the term “credit company” also includes Paypal.
 
1.4. For the purpose of making a purchase on the website you shall be required to provide personal details, details of your credit card/details of your Paypal account, an E-mail address and additional details, all as detailed on the website. You shall also be required to choose a password which will serve you for purchase and/or future use of the website. It is emphasized that you are obligated to safeguard the details of the password and the personal information safely, thus they shall not reach the possession of any third party. It is your duty to report to Danya immediately of any incident that you become aware of as regards unauthorized use of your password and/or your details.
 
 
1.5. Within the framework of the purchasing process you shall be required to give your full and updated postal address.
 
1.6. The charge shall be executed in one payment and shall be subject to the terms of the credit company.
 
1.7. 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.
 
1.8. 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.
 
1.9. 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..
 
1.10. 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.
 
1.11. After completion of the purchase of the products process, confirmation shall be sent to your E-mail address regarding the details of the transaction.
 
1.12. Purchase of products on the website is for your private/personal use only. It is prohibited to purchase products for commercial purposes.
 
1.13. 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.
 
 
2. Products
 
2.1. The website serves, inter alia, for the purpose of sale of products marketed by Danya.
 
2.2. 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.
 
2.3. It is clarified that the photographs displayed on the website are designed solely for illustration.
 
2.4. 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.
 
2.5. Danya does not undertake that all the information appearing on the website in regard to 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.
 
 
3. Prices
 
3.1. The prices detailed on the website are in Euros.
 
3.2. 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.
 
3.3. 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.
 
3.4. The prices of the products displayed on the website are correct as of the date stated on the prices page on the website.
 
3.5. 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.
 
 
3a. 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.
 
 
4. Delivery
 
4.1. 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.
 
4.2. 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.
 
4.3. 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.
 
4.4. 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.
 
4.5. 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.
 
4.6. 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.
 
 
5. Cancellation of a transaction
 
5.1. 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 shall be charged by the credit company for the cancellation shall also be deducted from the credit refund.
 
5.2. 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.
 
5.3. 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: gadeonline@danya.co.il 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 Danya Cosmetics Ltd, 16 Hakadar Street, Netanya, Israel, Postcode 4237796.
 
5.4. You are required to return the product complete, in its original packaging and on condition that no use has been made of it.
 
5.5. After receipt of the product by Danya credit shall be made pursuant to the credit company’s procedures.
 
6. 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.
 
7. 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.
 
 
8. Limit of guarantee
 
8.1. 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.
 
8.2. 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.
 
8.3. In the event of a scribal error, an error in description of a product and/or its price, the payment terms, a photograph of the product and/or any other information detailed on the website, an error in your details as they shall appear in Danya’s databases, and any other error, Danya shall be permitted, however not obligated
to cancel the transaction in full or in part and refund to you any payment that you bore.
 
8.4. 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.
 
9. 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.
 
 
10. General
 
10.1. 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.
 
10.2. 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.
 
10.3. 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.
 
10.4. 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 your have proven your claim for any cause whatsoever up to 100 Euros 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.
 
10.5. 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.
 
10.6. In these Regulations the female gender is alike the male gender and vice versa. The singular is alike the plural and vice versa.