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To the Reader
It should be noted carefully, that this English document is a translation into idiomatic English of a Hebrew original. In all cases of dispute about the meaning of this Code and its conditions, the authority of the Hebrew original is final.
1.1 The website of “HaGefen” Publishing (hereafter: the “site”) manages a virtual store for the Internet-surfing public both in Israel and abroad. The site is under the ownership of HaGefen Publishing, registered charity (“HaGefen”)
In the original Hebrew of this document, for convenience, the stated conditions are expressed using the masculine singular, however they apply in equal fashion to both genders, and also to pluralities, corporations and other legal entities and/or personalities. In this translation, to reflect English usage, the masculine singular “you” has been replaced with the more general expression “user/customer”, wherever this term occurs, it should be assumed to include all of the above.
1.2 Please read carefully this code before surfing on and/or purchasing products through the site, as further surfing and perusal of the information published therein and/or purchase of any manner of product on the site constitutes consent to all the terms of this Usage Code.
The customer/user is under no obligation to consent to this Code of Use, however if you do not consent to what is stated, you are required to exit the site and not make any use of it.
The site is supplied for use “as is” and without guarantee or warranty of any kind. Usage of the content displayed on the site is undertaken at the sole and full responsibility of the user. HaGefen can not guarantee that the the site will be up to date at all times.
2. Terms for Conducting Transactions on the Site
2.1 To be authorised to conduct transactions on the site: individuals must be 18 years of age and up, and corporations must be duly incorporated in accordance with the laws of the state of Israel and properly registered in the appropriate listing managed according to law.
3. User Details and Privacy
3.1 When conducting transactions on the site user/customers will be required to enter the following details in the registration interface. First name, last name (name & number of company – as applicable), telephone number, address, postcode, e-mail address.
Under certain circumstances, (as and when stated on the site) it may be necessary to enter additional details.
4. Payment and Delivery
4.1 Billing will only take place immediately if the product is available in stock, and can therefore be supplied to the customer. If a product is not in stock, no charge will be made in respect to it. HaGefen does not guarantee that all products are available in stock.
4.2 As HaGefen is a registered charity; the prices on the site do not include VAT, in accordance with Israeli Law. When certain products are ordered from outside Israel, taxes and/or charges and/or other payments in the destination country may apply. Such charges will apply to, or be borne by the customer alone, and added to the product price in accordance with any legislation in the destination country to which the customer has ordered it shipped..
4.3 Terms & Times of Delivery
4.3.1 [Delivery will be accomplished] through the Israel Postal Service, as either regular or express mail, in accordance with the feasibility of the service, or at customer request. Delivery of the product will be executed in accordance with the delivery schedules of the Israel Postal Service. Hagefen Publishing is not responsible for any delay or damage that may be caused to the product during the course of delivery by Israel Postal Services.
4.3.2 Self-collection by the customer, may be conducted, after prior arrangement, from the offices of “HaGefen” at the following address: 8, Shmotkin St, Rishon Letzion. Office work hours: are Sundays to Thursdays between the hours of 9: 00 – 17: 00.
4.3.3 Overseas product delivery (by airmail) will be carried out in accordance with the delivery schedules of the Israel Postal Service. This will usually be within 21 working days: which does not include Fridays, Saturdays, evenings before festivals, Israeli festivals, religious holidays and sabbatical days in general. Overseas delivery times may be longer for reasons related to postal services in the destination country, as well as public holidays, vacations, and religious festivals in the destination country. HaGefen Publishing is not responsible for any delays in delivery time caused by a third party.
4.4 HaGefen Publishing can not be held responsible for loss of the product in the mail system, although it will strive to offer alternative solutions that may be at its disposal in order to minimise damage or distress caused to the customer by a third party. HaGefen is not obliged in such cases to replace any lost product with another suitable, similar or different product.
5. Cancellation of a Transaction
The user/customer is permitted to cancel a transaction, for up to 14 days after receiving the product which is the subject of that transaction.
5.1 Cancellation due to product defect or unsuitability (under section 14. 5 (a) of the Consumer Protection Act) may be accomplished by sending written notice to the E-Mail address: email@example.com.
In such cases, within 14 days of receiving a notice of cancellation, HaGefen will refund the portion of the price paid by the customer and cancel the transaction debit without requiring any cancellation fee, (subject to the product being returned by the customer along with any associated items received with it when the transaction was made) as required by law.
5.2 Cancellation not due to defect or unsuitability, (article 14 e (b) of the Consumer Protection Act) may be accomplished by sending written notice to firstname.lastname@example.org. In such cases HaGefen will refund, within 14 days of receiving notice of the cancellation, the portion of the transaction price paid by the customer and cancel the transaction debit without requiring any cancellation fee.
It is the customers responsibility to return the product(s) to the offices of HaGefen in an “as new” condition. in the original packaging, and in the case of books: unopened, with no folded or creased pages and covers and in brand new condition etc, along with any goods received with it/them ensuing from the transaction.
Nothing stated above, diminishes the right of HaGefen to claim damages for reduction in the products value arising from significant deterioration of its condition, usually this will be deducted [from the purchase price paid before a refund is issued.]
6. Additional Terms
6.1 The product prices, terms of delivery, carriage costs, and other information on the site are at the sole discretion of HaGefen, and who may, at their own discretion, alter them from time to time without prior notice.
6.2 The company will bear responsibility, whether direct or indirect, as laid down in the legislation covering products, and/or their nature and/or manner of delivery. In the event that a complaint is received, HaGefen will undertake to resolve said complaint.
6.3 This site operates on the Internet and other communications networks, (according to periodic technological developments) which are by their very nature, dependent on various factors: infrastructure and communications suppliers, server reliability and so forth: all of which can suffer from failures, malfunctions, operational outages and damage from various causes. HaGefen can provide no warranty or representation regarding the good working order of the website, its undisrupted operation and/or immunity from unlawful entry into HaGefen’s servers, damage, faults, glitches, failures in equipment, software or communication lines, (whether at HaGefen or its suppliers) or harm arising from any other cause, and HaGefen is not responsible for any damage, (directly or indirectly) distress etc to the user/customer (or their property) that may ensue.
6.4 HaGefen shall be considered free from any liability (whether direct or indirect) for any occasion where a surfing operation or transaction fails to execute (whether wholly and/or partly) for any reason whatsoever, and from all liability for any technical problem and/or impairment in ability to use the site.
6.5 Communications networks and Internet websites are vulnerable to attack and intrusion attempts from various causes. HaGefen employs a number of security measures to maintain the privacy of the information entered by its users/customers on the website, but the user/customer should be aware that this cannot be absolutely guaranteed and security breaches and intrusions may occur. HaGefen can not guarantee that the services and information on the site and its servers (or on third-party servers that host/store them) are absolutely immune from unauthorised access. By surfing the site, entering data and carrying out transactions, the customer/user releases HaGefen from all responsibility for damages caused to him/her/them (and/or anyone acting on their behalf) due to hacking attacks, intrusion attempts, and [unauthorised] accessing of data, (as previously stated) and relinquishes any claim against HaGefen and/or anyone acting on their behalf in the matter.
6.6 The user/customer undertakes to not type-in/enter or upload to this Internet site any data containing viruses, trojan horses, worms, timebombs, or other program routines intended to cause damage, disruption, interception, or appropriation of any system, this internet site itself or its data, or attack the intellectual property rights of HaGefen or a third-party.
6.7 HaGefen does not guarantee that the site may never be shut down, and/or that activities on it may not cease (whether temporarily or permanently) and reserves the right to shut down the site and/or its activities at any time at its own discretion.
6.8 Without detracting from what is stated above, in the event that factors and/or events outside of HaGefen’s control including communications and computational failure, and instances of force majeure:
- a) Impede and/or prevent the carrying out of a transaction (in whole or in part) in any manner whatsoever,
- b) Impede and/or prevent the delivery of the product which is the subject of the transaction during the specified delivery time(s),
- c) And/or the occurrence of changes in tax rates, and/or charges and/or fees and/or other applicable payments from the time the product is advertised for purchase until its planned delivery date according to the said product’s purchase terms.
In such cases, HaGefen retains the authority (though not the obligation) to announce cancellation of the purchase, (in part or in its entirety) and in such cases the customers credit card will not be debited with the transaction and/or if this has already occurred, a refund will be issued, (subject to any legislation) and this is the customers exclusive remedy regarding such cases as those stated above.
6.9 In the event of an error in printing, typography, product description, and/or price, in product illustration or other data, including receipt of customer/user details, HaGefen retains authority, though not obligation, to cancel the transaction.
7. Upload of User/Surfer Responses to the Site.
7.1 Hagefen publishing reserves the right to delete any posting of the following nature: Sexually explicit, racist, threatening, defamatory, incitement to criminal or civil offences, harmful to privacy, injurious to public sentiment, containing computer viruses, containing content which is not relevant to the page in which they are posted, containing content which violates any law. The customer/user relinquishes at the outset any claim and/or demand and/or suit against HaGefen, its managers, employees or anyone acting on its behalf in this matter.
8. Intellectual Property
8.1 Full creative and intellectual property rights in regard to the site and any part of it, (including the site contents, design, graphics, illustrations, software, computer code, graphical files, and all other material contained in it, in the external interface, source and target code) all belong to HaGefen alone and/or its suppliers and/or associates as applicable.
None of the aforementioned may be duplicated, disseminated, displayed publicly, or delivered to a third-party without the prior written consent of HaGefen. This site is restricted to personal use, and is not to be utilised for any commercial purpose without prior and explicit written authorisation from HaGefen. Anyone attempting to make use of the intellectual property of HaGefen, may expose themselves to a law-suit before a suitably qualified judicial entity, in accordance with the law.
In these terms of usage – “Site Content” means – all data on the site and includes articles, surveys, data, information, analyses, content and assessments, and all text, pictures and / or voice, is made available to surfers and various end-user devices by any means, whether current, or that will exist in the future, whether under the ownership of HaGefen or that of a third party permitting HaGefen to use it.
8.2 Trademarks on the site are the property of HaGefen, or in the case of those acting for advertisers, associated businesses and suppliers, the property of their respective owners and must not be made use of without written permission.
9. Links and Advertisements
9.1 HaGefen can not guarantee that all hyperlinks on the website will be functional, or lead to an active destination site on the Internet.
The presence of a link on this site from it to another particular site, does not indicate or imply that the content of the site so linked is (wholly or partly) current or up to date, and HaGefen bears no responsibility in regard to its content.
Without diminishing from the above, HaGefen will not be liable for any damage (direct or indirect) to any site-users/customers or their property arising from use or reliance upon the data and contents appearing on the sites arrived at by means of, or by usage of, this site, or via links existing on it and/or usage or reliance upon the data and contents advertised on this site by third-parties.
9.2 Responsibility for the content of advertising published on this site by third parties as it is presented (including detailed information) rests with he advertisers alone.
The company bears no responsibility for the content or reliability of advertisements on the site. It must be emphasised that the publication of advertisers (third parties) commercial information, does not, in and of itself, constitute any encouragement or endorsement to purchase the services or products offered for sale on this site by those same third parties.
10. Termination of Service and Indemnity
10.1 The company may, upon its own discretion, terminate the activities of any user/customer utilising the services of the site, (usually blocking the IP address) if said party does not abide by these terms or violates any legal provisions.
10.2 Should any user/customer violate these terms and conditions and/or any legislation, the company shall, at its own discretion, be entitled to disclose the name and details known to it in connection with the matter, even without receipt of a judicial order, and the user/customer shall retain no right of claim against HaGefen, her shareholders, management or employees in connection with disclosure of aforesaid details.
10.3 If HaGefen so choose, a site user may be required to reimburse the company, its employees, management, and functionaries and/or whosoever is acting on its behalf, for any damage, detriment, loss of profits, payment or expense incurred by them, including lawyers fees and legal expenses arising from violation of these terms and conditions and/or of any other legislation, and/or the rights of any third party whatsoever by said site-user.
All disputes, claims and suits in regard to the conduct of transactions on this site, to surfing on it, to its contents and/or anything resulting from and/or related to the site, shall be decided by Israeli law courts alone and in accordance with Israeli Law alone, without ascribing any validity to any legal ruling, forum or authority of a foreign law court, (including foreign “Batei Din” or other tribunals) and in like manner, the applicability of foreign law is expressly rejected.
If, and to the extent established by a properly authorised “judicial instance”, a court of law (including a “Bet Din” or any other judicial tribunal), one of the provisions of these terms is found to be illegal and/or invalid, then the provision in question does not annul the remaining provisions of these terms and/or the remaining parts of a provision annulled or reduced by a judicial instance.