Bylaws of the Website
- com is an internet site that sells bags and fashion accessories (hereinafter the “Products”). The Products are offered to surfers of the internet in Israel and worldwide, by secured sale in the website.
- The site serves as a virtual shop for selling bags and it is owned by Yael Kisim Ltd. co. no. 513908475 and it is managed by Yael Kisim Ltd. (hereinafter the “Company”).
- Wherever the female gender is denoted in these bylaws this shall also refer to the male gender and vice versa.
- These bylaws are the legal base for making orders and surfing the website and it alone regulates the relationship between the Company and the website surfer and/or the Customer ordering Products through the website.
The provisions of these bylaws shall apply to any use of the website and purchase of Products that shall be made by a Customer in the website (hereinafter the “Customer”) and it shall constitute the legal basis for ordering and surfing the website and it alone regulates that relationship between the Company and the surfer on the website and/or the Customer ordering Products on the website and the Customer is requested to read these bylaws thoroughly and completely.
- Surfing on the website and/or purchasing a product offered for sale in it, constitutes the Customer’s consent to accept an act according to the bylaws and she agrees to all of the provisions and terms of these bylaws, and she shall not have or anyone on her behalf shall not have any claim and/or demand and/or lawsuit against the website and/or the Company and/or the Company’s management and/or the Company and/or any of its managers and/or its employees with respect to the provisions and the terms of these bylaws.
- Anyone performing an order and/or purchase through the website declares that upon performing the action, she has read these bylaws, and she agrees to all of the provisions and terms of these bylaws and she or anyone on her behalf shall not have any claim and/or demand and/or lawsuit against the website and/or the Company and/or the website’s management and/or the Company and/or any of its managers and/or its employees, with respect to the provisions and terms of these bylaws.
- The computer records of the Company alone regarding the actions performed through the website shall constitute prima facie evidence to the truth of the actions.
- The Company reserves the right to change the bylaws from time to time according to its sole discretion and this is without the need to give a warning and/or advance notice.
Rules of Using the Website
- Any user who shall fulfill the aggregate terms set forth hereafter, may participate in the sale process:
- Any adult person above the age of 19 that lawfully holds a valid credit card of one of the credit card companies operating in Israel.
- A transaction shall be completed in the website only upon the existence of the following terms:
- The Products ordered exist and are registered in the inventory at the time of performing the order;
- All the details of the order have been correctly and fully filled out for charging and delivery to the Customer ordering the Products;
- An approval was given to perform the transaction by the credit card Company;
- Notwithstanding the aforesaid in section 9 above, the Company is entitled not to allow a certain Customer purchase Products in the Kisim website and this is for any reason and also if he ordered Products in the past through the Kisim shop and/or website.
Without derogating from the aforesaid, the Company is entitled to cancel their right to perform the transactions in the Kisim website in each of the following cases:
- If you have acted contrary to the provisions of these bylaws;
- If you gave erroneous details when registering to the website;
- If you have performed an action or omission, that harm or that could harm the internet website or any other legal entity that is connected to it or any third parties, including the Company’s Customers and suppliers;
- If you have used the services of the website to perform an illegal action according to the laws of the State of Israel or in order to allow, ease, assist or encourage such action to be committed;
- If you have breached any of the terms of this agreement or the conditions of any other online service that the Company shall offer;
- If the credit card that you hold has been blocked or limited to use in any manner;
- If you owe money to the Company or to an of the companies affiliated to it and you have not paid your debt, despite that the regular tome to pay it has passed;
- Any other reason that was made in good faith;
- If an extraordinary error has occurred in the description of any product or in the price or any other material detail, this will not bind the Company and/or the website and/or the suppliers.
- The prices of the Products include VAT according to the law.
- The supply of the Products to purchasers is performed through courier companies or by registered mail.
- The time for supplying the Products:
Registered mail for sending the Products: up to 14 business days, depending on the Israel Post.
The website or the Kisim Company is not responsible for a delay in the delivery of a product for reasons that are not under its control: force majeure, strikes, slowdowns and technical glitches of the Israel Post, and if the Customer does not collect the Products within 7 days after receiving the summons to come to a branch of the post office.
- Deliveries by couriers shall be made in advance coordination, before the product is delivered. The Company undertakes to pack and dispatch the orders for delivery within two days to the requested destination. The orders shall be sent by a courier Company that supplies to most areas of the country within two or three business days.
- Returns and exchanges of Kisim bags may be performed in shops at 8 Hashmal St. in Tel Aviv. If a Customer of Kisim has chosen to exchange the product at the Company’s shops, it must comply with the sections of the bylaws and present a purchase invoice. A product which has been used, or the package of which was damaged / missing shall not be replaced and money credit shall not be given. A transaction by credit card may be cancelled up to 14 days after the purchase, after the end of this period the Customer shall pay cancellation fees in the amount of 5% of the price of the product. The Company does not undertake to replace items that were sold at the end of the year or in a clearance sale.
- The website’s management is entitled to offer discounts, benefits and sales in the website. The website’s management is entitled to stop these sale campaigns, discounts and benefits at any time, to replace them and to change them, without the need to give any advance notice of this.
- The Company does not undertake to hold an inventory of all the models and/or bags whose pictures appear on the website.
- The Company is doing everything possible to ascertain that the information presented on the website shall be the most complete and accurate information however it is agreed, that good faith inaccuracies or errors could appear in it, and the Company shall not be responsible at all for anything arising from them or connecting to them.
- The website’s management is entitled to update the prices of the Products on the website and the tariffs of the deliveries from time to time and without the need for an advance notice. The valid price with respect to an order that you have performed is the price that was published when the order process was completed (which includes delivering the details of the credit card). If the prices were updated before the order process has been completed, the Customer shall be charge according to the updated prices.
- A delay in the supply time due to any reason shall not confer to you any right to receive compensation and/or any money except for your right to cancel the transaction in accordance with the provisions in this agreement.
Information Security and Privacy in the Website
- We prevent unauthorized entry to our databases. We reserve all the current information and we ascertain correct use of the data. We have implemented physical, technological and electronic processes in order to secure the information that we collect in the website. We are aware of the sensitivity involved in operating a sales website on the internet, therefore we have taken advanced means of caution for the secured purchase of Products.
The Process of Purchasing a Product through the Website
- The purchase or Products shall be performed by a registered Customer by filling out an order form that appears on the website. It is clarified that filling out all the details constitutes a preliminary condition to performing the order.
- At the end of the transaction and its approval by the credit card Company the Customer shall receive a notice which contains confirmation that the transaction was made with the transaction number to follow. This confirmation shall be sent to the email address that the Customer has entered into the website during the order process.
This confirmation does not require the website’s management to supply the Products, and it only indicates that the details of the order have been received at the website’s management.
- In the event that the transaction was not approved by the credit card Company, the Customer performing the action shall receive an appropriate notice of this and she shall be required to give another means of payment.
- The approval of the purchase is subject to the product existing in the inventory of the Company’s warehouses at the time of the requested supply and/or at the time of the order. However if it was not mentioned that the product does not exist in the inventory and the product was not removed from the website up to that time of performing the order, the Company shall not be required to sell the product, and the purchaser shall not have any claim and/or lawsuit in this matter for any type of damage, whether direct damage or indirect damage that was caused to the purchaser and/or to a third party. The aforesaid is subject to the website’s management refunding to the Customer any sum that she paid if she indeed paid it to the Company and/or the Company shall cancel the charge if it was made. It is emphasized and clarified that situations are possible in which despite that a certain item is presented on the website as existing in the inventory, in actual fact it does not exist in the inventory and it is not possible to supply it – in these situations the transaction shall be cancelled and the Customer shall not have any claim with respect to this subject to a refund to the Customer of the sum that was paid to the Company by the Customer.
- According to the laws of the website, receiving a gift in the framework of the sale campaign is limited to one item per Customer.
Clarification: submitting false personal details is a criminal offense and it is the Customer’s responsibility to fill out his personal details accurately when performing the order in all types of purchases.
- All the prices set forth in the website or written in New Israeli Shekels and they include VAT, insofar as this applies according to law for this product, and in accordance with the applicable VAT rate according to law at that time in the State of Israel and they do not include delivery fees.
Cancellation of an Offer or Cancellation of a Transaction
- As a rule the Customer is entitled to cancel the transaction subject to and in accordance with the provisions of the Consumer Protection law, 5741- 1981 (hereinafter the “Law”).
- A transaction may be cancelled up to 14 days after receiving the product in its original packaging when the label of the product is attached by nylon restraint. It is agreed that a return and/or exchange of Products (within 14 days after receiving the product as mentioned) will be allowed only in a situation where the product was not used and it was maintained in the condition that it was in when it was receivied.
- It is agreed by the parties that the Customer will be charged the full amount for delivery fees even if the product has not yet been received, and this is if the product pertaining to the transaction has already been sent.
- Any credit shall only be transferred to the credit card where the order was made, and in accordance with the time schedule of the credit Company.
- It is clarified that no money credit shall be given for Products for which money consideration was not paid, such as sale campaigns and gifts.
- The manner of returning the Products – the Customer will send the product back without cost to the post office branch at Mikva Israel Street in Tel Aviv, as set forth in the page attached to each delivered package (reverse charged service). Alternatively, the Customer may request from the website’s management and/or the supplier (as above) to send a courier to her home to collect the product and return it at her expense.
- The Company cannot be responsible for delays of the various courier companies, however we shall be available to you in order to solve any problem.
- It is agreed that the return and/or exchange of Products (within 14 days after receiving the product, as mentioned) shall be allowed only when no use of the product has been made and it has been kept in the condition that it was in when it was received.
- Any cancellation of the transaction shall immediately cancel any benefit and/or right and/or gift that the Customer received in the framework of the transaction and/or during it, the Customer shall return this benefit immediately upon the cancellation of the transaction and/or return of the product.
- In any case, in the event of the cancellation of the transaction as mentioned, you shall not have any right to sue damage for the cancellation and your right is only the restitution of the money that you paid up to that time and the cancellation of future charges.
- The returns and exchanges of Kisim bags may be performed at the shops at 8 Hahasmal St. in Tel Aviv. See the details in section 17 of these bylaws.
- According to the provisions of the Consumer Protection Law, the provisions that have been set forth above do not derogate from the right of the website owner to sue damages from you due to the fact that the value of the product has decreased as a result of its condition and/or its packaging adversely changing after the product was delivered to you, and this is also regarding the cancellation of a transaction due to a defect and/or flaw and/or incompatibility in the product due to which you cancelled the agreement.
The Company’s Liability
- Kisim undertakes to act fairly and to give service at a high standard.
- The Company does not undertake to hold an inventory of all the models and/or the bags whose pictures appear on the website.
- The Company is doing everything that it can to ensure that the information presented in the website shall be the most complete and accurate information however it is clarified that inaccuracies or errors could appear in it in good faith, and the Company shall not be liable at all for anything arising from them or connected to them.
- The Company and/or the website’s management and/or anyone on their behalf shall not be responsible for any direct, indirect, consequential or special damage that shall be incurred to a user and/or to a surfer and/or to a Customer ordering Products and/or to a third party, as a result of using or purchasing through the website, not in accordance with these bylaws – whatever the cause of action shall be – including a loss of income and/or loss of profit that shall be incurred for any reason, in which case the Company reserves the right to cancel the specific order.
- Pictures of the Products in the website are designed for illustration only and differences between the pictures presented on the site and the Products actually sold, in part or entirely, are possible.
- In any event the Company shall not be at all liable for any amount that exceeds the value of the bag / product purchased, and for any damage which is indirect and/or consequential damage.
- The Company does not keep the numbers of credit cards in its computers.
- Kisim uses the highest security standards in order to maintain the secrecy of the information and privacy of its Customers. The Company uses the Company Tranzilla, the leading clearing Company of credit cards and security in Israel for checking and securing information.
- The website’s management makes an effort to provide proper and high quality service to its Customers. However, the website’s management does not undertake that the service at the website will not be disturbed, that it will be provided in an orderly fashion without any interruptions, that it shall be performed reliably and without any errors, and that it will be immune from unauthorized access into the computers of the website’s management, damage, flaws, glitches or failures – including failures in hardware, software or in communication lines to the website- at the website’s management or at any of its suppliers.
- The website’s management shall not bear any liability with respect to notices that shall be received or that shall be sent through the website (including notices that shall be sent to Customers by other users through the website’s services), the content of such notices or any computer file that shall be attached to them, the operation of each such file, its impact on the user’s computer and any damage, loss, inconvenience, anguish etc…, consequences, direct or indirect, that shall be caused to the user or to any third party due to notices that shall be received by the site’s services or that shall be sent by him.
- The site’s management shall make its best efforts to provide quality Products at the requested time. If the Customer is of the opinion that the Products that she purchased through the website or the services are defective in any way, she may contact Customer service by telephone – 03- 5375390, and the website’s management will handle her request as soon as possible.
- The copyrights and intellectual property in the website belong to the Kisim Company only, or to third parties that have granted the Company permission to use them. The Company is the owner and/or it owns the right to use and/or the distribution of the trade names and trademarks of the website and its marketing content and its content, whether they are registered or not registered, in commercial secrets that are involved in operating the site and its content, and in providing services, in designing the site, in the technological information involved in operating it, including software, applications, graphic files and others, computer codes, texts and/or any other material that is included in them.
- No information from the website may be copied, distributed, sold, marketed and translated, including trademarks, pictures and texts, designs of bags, pictures of bags etc… without receiving the Company’r prior written permission.
- No commercial use may be made of the data published in the database, in the list of Products that appear in it or in other details published in it, including graphics, design, verbal presentation, logos, and special campaigns, without receiving the prior written consent of the website’s management.
- The services of the website may only be used for legal purposes only.
- No data may be used that are published for presenting them in the website or in any other service, without receiving the website’s prior written consent and subject to the terms of that consent (if given).
- The law that applies to use of this website and the terms of these bylaws is the Israeli law only.
The courts in Tel Aviv – Jaffa shall have exclusive jurisdiction in the event of a dispute concerning the purchase of a product and/or service in the website, with all that this entails.