The present Terms and Conditions are a public offer introduced by the owner of the Website “www.shopit4u.com”, and a User and establishes the conditions of using the Website.
The Website lets physical persons online via Internet and via different electronic devices make purchases in the online Store (hereinafter – “Store”).
Definitions used in the present Terms and Conditions:
Terms and Conditions– the text of the present document with all its supplements, annexes and amendments published on the Website and available at: www.shopit4u.com
User– physical person having concluded the present Terms and Conditions with the Right Owner (having accepted the public offer) and using the Website. All Users should be older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where they reside and from which they create an Account. Persons under 18 are not eligible to register on the Website and to carry out legal actions without the prior written approval of a legal guardian.
Website– ensemble of logically related web pages under the domain name www.shopit4u.com
Visitor– physical person using the website without purposes of Registration and/or making purchases in the Store.
Right Owner– a person being the proprietor of all exclusive rights for the Website, the Mobile Website, the Content.
Registration on the Website– ensemble of actions executed by the User on filing necessary data to the relevant fields of the form on the Website. User Registration on the Website means confirmation by the User of his correspondence to the requirements set up toward the User and consent to the present Terms and Conditions.
Authorization– process of checking login information filed by the User with the purpose of getting access the Content.
Registration data– authentication and personal data of the User (including the login and the password), stated within the process of registration on the Website or later modified by the User via Personal Account or via any other mean set out under the present Terms and Conditions.
User’s Personal Account (Account)– area of the Website with the means of which the User accesses the settings and is able to modify or to delete his Registration data. The Right Owner may reject User’s registration or cancel an existing Account, for any reason, at its sole discretion.
Store– a service destined to giving the Buyer access via Internet to the information necessary for making purchases including information on the range of Goods, prices, sellers, terms and conditions of payment; to accepting messages from the Buyers via Internet regarding the Buyers’ intention to purchase Goods.
Buyer– legally capable person placing orders in the Store or specified as the consignee of the Goods or using the Goods purchased in the Store.
Seller– shop owners, businesses and their operators selling the Goods in the Store. Any manufacturer or designer signing by creating an Account will be the contracting party for the purposes of the present Terms and Conditions and will be the person who is authorized to use the Account to sell Goods.
Goods– material objects being part of the stream of commerce and being sold in the Store.
Order– digital request of the Buyer regarding the purchase from the Store’s Catalogue formalized by the Store’s operator.
Copyright Holder– is a person or a company who owns the exclusive rights to photos of Goods published on a Website and/or to design of Goods uploaded to the Store and other materials uploaded on the Website.
1. SCOPE OF THE TERMS AND CONDITIONS
1.1. The Right Owner grants the access to the Website extent set out in the present Terms and Conditions for the purposes of carrying on a business activity and not for any personal, household or family purpose.
1.2. The Seller sells the Goods on the Website and the Buyer pays for the Goods and accepts the Goods in accordance with the terms of the present Terms and Conditions for the purposes of carrying on a business activity and not for any personal, household or family purpose.
1.3. The Right Owner acts as a retailer and ensures that Orders places by Buyers are duly processed and passed on to Sellers.
2. TERMS AND CONDITIONS OF ACCESSING THE WEBSITE
2.1. Passing the procedure of Registration in the Website as wells as using the Website and/or executing any other actions in the Website by the User means familiarization and consent of the User with all terms of the present Terms and Conditions.
2.2. Passing the procedure of Registration on the Website means the User getting acquainted with all terms of the present Terms and Conditions and giving his/her consent.
2.3. In the process of Registration on the Website the User shall provide exact current information for further Authorization. The User shall also periodically update Registration data and other information provided in the process of Registration in order to ensure its accuracy, relevance and fullness.
2.4. The Right Owner shall not be held liable for any damage caused to the User in connection with filing inexact data by the User.
2.5. In case of absence of transferring by the User of data indicated as obligatory the Registration of the User shall not be finalized.
2.6. Telecommunication costs when accessing the Internet and using the Website are the responsibility of the Users. There are no time or duration restrictions on the use of the Website, regardless of the profile of Users.
2.7. The Right Owner reserves the right, without notice or compensation, for example, to change operational methods, servers and accessibility hours, to temporarily or permanently close the Website or access to one or more Services to perform updates or modifications. Similarly, the Right Owner reserves the right to make any modifications and improvements to the Website and its services that it deems necessary or useful for the proper functioning of the Website and its services.
3. STORE, RIGHTS AND OBLIGATIONS OF THE SELLER
3.1. All relations emerging from placing of Orders, purchase of Goods in the Store, payment for such purchases, exchange and return of Goods are regulated in accordance with the rules established directly by the Seller of the Goods. When placing Orders in the Store, the User confirms acquaintance and consent with the rules of the Seller whose Goods he wishes to purchase.
3.2. The Buyer, when making purchases in the Store, concludes the sale contract directly with the Seller. The Right Owner is not liable for obligations of the Seller arising in connection with the conclusion, implementation and termination of such contracts.
3.3. The Right Owner that is considered retailer for the purposes of the present Terms and Conditions does not keep goods in stock but instead transfers its customer’s orders and shipment details to either the manufacturer, another retailer, or a wholesaler, who then ships the goods directly to the customer.
3.4. The Right Owner does not warrant that the quality of any Goodspurchased or obtained through the Website in the Storewill meet the Buyer’sexpectations.
3.5. If the Buyer is unsatisfied with the quality of Goods, the Buyer shall contact the Right Ownerwho in turn shall compensate the delivery cost to the Buyer.
3.6. Claims of Buyers related to the quality of purchased Goods shall be examined by the Right Ownerwithin a week.
3.7. The Seller undertakes to compensate the cost of damaged Goods or Goods of substandard quality or provide the Buyer with replaced Goods.
3.8. The designer / manufacturer shall be liable for the quality of Goods sold in the Store and for any harm caused by defective Goodssold in the Store.
3.9. Prohibited items, services, and items that violate our intellectual property policies are not allowed to be sold in the Store.
3.10. Reselling of Goods is not allowed.
3.11. The Seller is responsible for protecting Users’ personal information that the Seller receives or processes, and the Seller undertakes to comply with all relevant legal requirements including applicable data protection and privacy laws.
4.1. The Right Owner uses a payment system PayPal to secure all payments.
4.2. The Right Owner shall process payments using an authorized payment method chosen by the Buyer during Registration on the Website. If the Right Owner is unable to process the payment, the Seller undertakes to make a second attempt to process the payment using any authorized payment method 3 (three) days later. If the payment cannot be processed after the second attempt, the Right Owner shall notify the Buyer and propose selecting a different payment method. If the Buyer does not effect payment within 3 (three) working days following such notification, the Order will be cancelled.
4.3. If the Order is cancelled for any reason whatsoever, the payment shall be returned to the Buyer.
4.4. The Right Owner does not provide refunds. Refunds are to be provided by Sellers.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1. The User undertakes to comply with the terms of the Terms and Conditions.
5.2. The User is responsible for the use of Website and its services by any means that are not expressly provided for in this Terms and Conditions.
5.3. The User undertakes to use the Website only for lawful purposes, to comply with the effective legislation, as well as the rights and legitimate interests of the Right Owner, the Seller and other copyright products are posted on the Website.
5.4. The User undertakes to refrain from performing actions aimed at destabilizing the work of the Website, attempting unauthorized access to the Website, the results of intellectual activity, copyright products, disabling advertising on the Website, as well as from any other actions that violate the rights of the Right Owner, the Seller and / or third parties.
5.5. The User undertakes to take the appropriate measures in order to ensure the security of the User’s Registration data (including e-mail address) and is responsible for all actions performed on the Website using User’s Accounts.
5.6. The User undertakes to promptly notify the Right Owner about any access of third parties to the Website under User’s Registration data. The User does not have the right to transfer, assign, sell, concede etc. his / her Registration data to third parties without the consent of the Right Owner. The Right Owner will remain entirely free to take any action it deems appropriate.
5.7. The User is entitled at any time to unilaterally refuse to perform the present Terms and Conditions by deleting his / her Registration data in the User’s Personal Account.
5.8. The User may not use the Website and its servicesfor any illegal or unauthorized purpose nor may, in the use of the Website, violate any laws inthe User’sjurisdiction (including but not limited to copyright laws), the laws applicable to the Userin itscustomer’s jurisdiction, or the laws of Israel.
5.9. The User is solely responsible for compliance with the effective legislation, as well as all rights and legal interests of third parties use of the Website. In case of presentation by third parties to the Right Owner of claims caused by actions (inaction) of the User when using the Site or the Website, the User independently regulates disputes with third parties, and also reimburses the losses and expenses of the Right Owner upon his first demand.
6. RIGHTS AND OBLIGATIONS OF THE RIGHT OWNER
6.1. The Right Owner’s obligations are solely to ensure that the User has a technical capability to access the Website and the Website.
6.2. The Right Owner reserves the right at his / her sole discretion to modify or delete any information published on the Website, as well as the Content and any elements and components of the Website. At the same time, the Parties agree that the Right Owner is not responsible for any damages that may be caused to the User by such actions.
6.3. The Right Owner is entitled to establish any restrictions in the use of the Website, to modify these Terms and Conditions unilaterally at any time without obtaining the consent of the User.
6.4. Pursuant to the present Terms and Conditions the Right Owner is not entitled to provide the User with support, maintenance, updates, modifications and new versions of the Website. However, the Right Owner may from time to time release updates for the Website and automatically update its current version installed on the User’s mobile device. The User agrees by default to such an automatic update and accepts that the Terms and Conditions will be effective for the specified updates.
7. LIMITATION OF LIABILITY OF THE RIGHT OWNER
7.1. The Right Owner shall not be held liable in the event of malfunction of the Website for any direct or indirect reason, due to the acts or omissions of third parties and / or disability of information channels (the Internet) located outside the Right Owner’s own resources. The Right Owner is not responsible for any failures and delays in the work of the Website, as well as any possible consequences of such failures and delays.
7.2. The Right Ownershall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Website.
7.3. The Right Owner will make every possible effort to ensure the work of the Website 24 hours a day, 7 days a week. However, maintenance operations and urgent troubleshooting can cause disruption to the work of the Website.
7.4. The Right Owner does not guarantee that the information published on the Website will be available anytime and will not be deleted or lost.
7.5. If, in spite of the Terms and Conditions, the Right Owner is be held liable on the basis of a court ruling for any damage caused to the User, the amount of compensation will not exceed 15 (fifteen) USD or the amounts in any other currency equivalent to this value.
7.6. In the case of claims by third party rights holders associated with the use of the Website by the User, the User undertakes to settle these claims with third parties at his / her own expense, and to fend Right Owner from possible losses and litigations.
7.7. The Right Owner is not liable for any violation of copyright law committed by the Seller / manufacturer / designer. Only the Seller / manufacturer / designer shall be liable in case of copyright infringement disputes initiated by third parties.
7.8. The Right Owner is not liable for any purchase made outside the Website. For instance, if the Buyer and the Seller meet via the Website but the Goods are sold by other means other than in the Store, the Right Owner cannot guarantee the quality of Goods, their authenticity etc. In such case the Right Owner shall not accept any returns.
7.9. All the Goods to be sold at Store may be insured taking into account the following tariffs:
7.10. – The insurance coverage for Goods weighing up to 1 kg is 1 US dollar.
7.11. – The insurance coverage for Goods weighing more than 1 kg is 2 US dollars.
8. INTELLECTUAL PROPERTY OF THE RIGHT OWNER
8.1. The exclusive right to the Website in general and to the information, audio-visual, textual and other materials used in / with the Website, images and other objects of copyright and / or related rights, as well as objects of copyright, trademarks, commercial designations and company names, as well as other components of the Website and (whether they are included in them or are additional components, and whether it is possible to extract them from the Website and use independently) in particular belongs to the Right Owner.
8.2. If the text of the present Terms and Conditions does not specifically indicate otherwise, the User can not without the prior written consent of the Right Owner undertake the following actions:
– modify, embed the Website in other software or merge the Website with it, create a revised version of any part of the Website;
– sell, license (sublicense), lease, transfer, concede, confer, divide the rights under the Terms and Conditions to third parties;
– use, copy, distribute or reproduce the Website for the benefit of third parties, as well as for commercial purposes;
– modify, divide, decompile, disassemble into component codes, process or improve the Website, attempt to obtain the source code of the Website, otherwise disrupt the normal course of its work;
– compromise the integrity of the Website, Website security systems.
8.3. Ways to use of the Website that are not explicitly provided to the User by the present Terms and Conditions are deemed to be prohibited by the Right Owner and the correspondent rights are deemed not to be granted to the User.
8.4. Any use of the results of copyright property posted on the Site (including elements of the visual design of the Website, symbols, texts, images, illustrations, photos, videos, software, music and other objects) without the written permission of the Right Owner is illegal and may be considered a reason for a trial and bringing of the offending party to civil, administrative and (or) criminal liability in accordance with the effective legislation.
8.5. Except for the cases established by the Terms and Conditions and the effective legislation, no result of copyright property posted on the Website can be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used in whole or in part, without the prior consent of the Right Owner, unless the Right Owner expressly consents to the free use of the material by any person.
8.6. In the case of obtaining permission to copy, distribute, publish or otherwise use the copyright property, such copying, distribution, publication or other use are not permitted without notice of ownership of copyright or with the change or exclusion of information about the Right Owner.
8.7. The Right Owner reserves the right at any time to remove from the Website or from the Website any copyright property posted by him without notice to the User.
8.8. The Right Owner reserves the right, in the event that the User is found guilty of violating the effective legislation or in prejudicing the rights of third parties to provide at the request of any legal authority (judicial, administrative, police services) any information allowing or facilitating the identification of the User.
9. WEBSITES AND COPYRIGHTOF THIRD PARTIES
9.1. The Website may containlinks to the Internet websites of third parties. These third parties and their content are not verified by the Right Ownerregarding their conformity to any requirements. The Right Ownershall not be held liable for any information, materials published on the websites of third parties which can be accessed by the User while using the Website.
9.2. A link (in any format) to any website, product, service, any information of commercial or non-commercial character, published on the Website shall not be regarded as approval or recommendation of such products (services, activity) on behalf of the Right holder, except where it is directly state on the materials published by the Right holder.
9.3. The Right Owner does not pre-screen photos of Goodsand it is in our sole discretion to refuse or remove any photosfrom the Website, including the Seller’sStore.
9.4. The User shall report any violation of copyright law including but not limited to cases of spotting counterfeit Goods, piracy, theft and plagiarism to the Right Owner who shall examine such reports on a case-by-case basis and remove materials infringingexclusive rights, as well as delete accounts of Users (Sellers) involved in copyright infringement.
9.5. It is prohibited to distribute the copyrighted filesof third parties by uploading them to the Website and to sell counterfeit Goods in the Store. The violating party shall assume full responsibility for publishing copyrighted filesand/or promoting counterfeit / stolen Goods.
9.6. The Right Owner carriers bear no liability regarding the authenticity of Goods and do not check trademarks / labels / copyright marks on Goods sold in the Store. All claims pertaining to the authenticity of Goods are to be addressed to Sellers / manufacturers of Goods.
10. SHIPPING AND DELIVERY
10.1. All terms of shipping, delivery, and return of goods are set out in the section Delivery and Return Policy, which is located on the Website and is an integral part of these Terms and Conditions.
11. AMENDMENTS TO THE TERMS AND CONDITIONS
11.1. The Right Owner shall have the right to anytime amend the present Terms and Conditions.
11.2. The User shall regularly and not less than once in 14 (fourteen) days familiarize with the contents of the present Terms and Conditions with the purpose of timely familiarization with its amendments and/or supplements. In case of the User’s disagreement with the amendments the User shall refuse all access to the Website, stop using materials and services of the Website, refuse access to the Website and delete it from his mobile device.
11.3. The User shall be informed on the amendments to the present Terms and Conditions via e-mail mentioned in the process of such User’s Registration on the Website, although the User agrees to independently monitor the applicability of the version of the present Terms and Conditions. The risk of undue familiarization of the User with the present Terms and Conditions lies with the User.
12. FINAL PROVISIONS
12.1. The present Terms and Conditions and the relations between the Right holder and the User shall be regulated and interpreted in accordance with the legislation of Israel.
12.2. If on the ground of any reasons any provisions of the present Terms and Conditions are deemed to be invalid or not enforceable, such circumstances shall not affect validity and enforceability of other provisions of the Terms and Conditions.
12.3. The present Terms and Conditions is concluded for an undetermined period of time and shall apply to all Users exercising access to the Service and using the Service before the date of publishing the Terms and Conditions as well as after publishing it on the Service.
12.4. Questions not regulated under the present Terms and Conditions shall be solved in accordance with the legislation of Israel.
12.5. The Parties agree that all disputes arising between the Parties under the present Terms and Conditions shall be regulated in an authorized court in Tel-Aviv which will sit in justice accordance with the law regarding the state of Israel. The Parties agree that compliant procedure of dispute settlement by the Parties connected with technical problems in the work of the Website set out by the present article of the Terms and Conditions shall be obligatory before bringing the matter before the court.