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Terms and Conditions

Sabon Shel Pa’am – Internet Website Terms of Use

Last updated:July 2019

We ask that you read these Terms of Use carefully.

 

www.sabon.co.il (hereinafter: the “Site”) is an internet website operated by Sabon Shel Pa’am (2000) Ltd. (hereinafter: the “Company” and/or “Sabon” and/or “us”), whose registered address is at 16 Hametzuda Street, Azur, 5800160. The Site provides general information about the Company and its products and includes an online store for the sale of the Company’s products.

 

The terms set forth below apply to both genders and any reference in the male form is for convenience only. Moreover, terms in singular form shall also apply to the plural and vice versa.

 

We hereby emphasize that by taking any action on the Site, including the purchase of a product, you are agreeing to, confirming and accepting these Terms of Use (hereinafter: the “Terms of Use”) and neither you nor anyone acting on your behalf shall have any claim and/or demand against the owners and/or operators of the Site and/or anyone acting on their behalf. If you do not agree to by bound by these Terms of Use, please do not use the Site.

 

The Terms of Use of the Site include the following: (a) these Terms of Use; and (b) the Privacy Policy posted on the Site (hereinafter: the “Privacy Policy”), which collectively form an integral and inseparable part of the Terms of Use of the Site. Unless expressly noted otherwise: (1) any reference to the Site in these Terms of Use shall also include any part thereof; and (2) all of the provisions of these Terms of Use shall apply for the benefit of: 1) Sabon’s subsidiaries or business partners, including the heirs and assigns thereof; 2) any of Sabon’s controlling shareholders; 3) any entity controlled by Sabon; and 4) any entity under joint control with Sabon.

 

Updating the Terms of Use

 

We reserve the right, at our sole discretion, to amend these Terms of Use from time to time and to create amended terms of use (hereinafter: the “Amended Terms of Use”) without providing notice prior to the Amended Terms of Use taking effect. You hereby agree that we shall serve notice regarding the Amended Terms of Use by posting them to the Site and your continued use of the Site following the publication of the Amended Terms of Use signifies your agreement to such terms of use. The Amended Terms of Use shall apply to the users of the Site immediately upon their posting to the Site, unless stated otherwise in the Amended Terms of Use.

 

Your Representations and Warranties

 

When making a purchase on the Site, you declare that you are of the legal age required for making purchases in the country of your residence, that you are no less than 18 years of age and that you are the owner of the credit card and/or debit card and/or means of payment used for the transaction.

 

If you are using the Site on behalf of a legal entity (including a company, a partnership or a licensed dealer) you hereby declare that you are authorized to perform any action in the name of such legal entity.

 

You hereby declare that all of the information that you provide us will at all times be true, precise, current and complete and you agree to update such information as necessary in order to ensure its accuracy.

 

You agree not to transfer, collect or use details of other customers.

 

You declare that you shall be solely responsible for protecting your password (if any) in a secure manner. In addition, you declare that you shall be solely responsible for the use of any telephone, computer, modem and other equipment or program necessary for entering, using and making purchases on the Site.

 

You declare that you shall not do any of the following: upload to the Site any illegal content or pictures depicting violence, nudity (partial or full), discrimination, content that is offensive to third parties, pornographic or sexually suggestive material, materials that may constitute slander, bullying, harassment, abuse, a threat, impersonation or intimidation of others, private or confidential information, including, without limitation, third party credit card numbers, ID numbers, telephone numbers or unlisted addresses. If you perform any of the foregoing acts, we may immediately terminate your use of the Site and block any future access to the Site.

 

You may not use the Site for any illegal purpose. When using the Site, you agree to abide by all applicable law, regulation and statute in respect to such use, including, without limitation, statute regarding protection of privacy and intellectual property.

 

You agree not to use any device, program or other means with the intent to harm, attempt to harm or alter the proper function of the Site and/or the servers and/or the networks that are connected to the Site and the services it provides. In addition, you agree not to take any action that may cause an unreasonable or disproportionate burden on the Site’s infrastructure. Moreover, you agree not to use any robot or other automatic or manual tool to monitor, collect or copy the Site or the Sabon Content (as defined in section 53 below) stored on the Site, or any part of any of the above, without the express prior written consent of an authorized Company representative. The foregoing shall not apply to standard search engine technology whose purpose is to drive users to the Site without harming the Company’s intellectual property rights.

 

You agree not to interfere with, disrupt, alter, destroy, impair, restrict, undermine or affect in other manner whatsoever the proper function of the Site in all respects, including, without limitation, by employing any harmful or unauthorized code, virus, worm, Trojan horse, spyware, malicious program or any other destructive or disruptive tool or technology.

 

You may not create any representation on another website implying that such website is in some way connected to, or affiliate with, the Company without receiving the Company’s prior express consent therefor.

 

You may not duplicate the Site, create an alternative version of the Site or create an impersonation of the Site or any part thereof.

 

You may not send spam or any other form of electronic communication to the Site’s customers or to any third party, and if you do so you shall be solely liable for anything that may result from your actions.

 

You may not plant any content or code on the Site and/or alter and/or interfere in any other manner with any of the Site’s pages that displays on the customer’s browser or mobile device (including telephone, tablet, computer or any other electronic device).

 

You may not create accounts on the Site using unauthorized means, including by means of automatic devices, dedicated programs, robots or similar technologies.

 

You may not limit (or attempt to limit) another customer’s use of the Site or created any tools for the breach of these Terms of Use.

 

When making a purchase of the Site, you agree to enter into legal transactions in good faith for your own personal use and not for any other purpose, including wholesale and/or retail and/or unauthorized displays of merchandise on other websites, and you undertake not to make false orders and not to perform any fraudulent behavior when making a purchase on the Site.

 

We reserve the right to immediately terminate your use of the Site at our sole discretion and without prior notice in any case that justifies such action. In the event of your breach of any of these Terms of Use or of your action in contradiction thereto, or if you create any risk or legal exposure for us, we may cease to provide you with the Company’s services (or any part thereof) or block your use of the Site. You declare that in any of the foregoing instances you shall be estopped from raising any claim and/or demand against us in this regard.

 

Manner and Terms of Sale

 

Sabon operates an online store on the Site, allowing you to purchase various products and services online. In order for your order to be processed quickly and smoothly, please make sure to enter correct and accurate information on the Site. Otherwise we cannot guarantee that the order will be filled.

 

In order to use and make purchases through the Site you must first sign up. As part of the sign up process, you will be asked to submit personal information, including your full name, address, contact information, email address and credit card information. The data that you submit when signing up will be stored in the system database in accordance with applicable law. You are not legally required to submit the information; however, without your information you will not be able to use the purchase and sale services offered through the Site. Please make sure to only submit accurate information. When signing up, the system will provide you with a username and password. You will use your username and password for identification purposes whenever you use the system. Please keep your username and password private so that others do not misuse them. Please change your password as often as possible.

 

After making a credit card purchase the Company will perform a credit card check. Your order will be approved only after authorization is received from the credit card company. Your credit card will be charged for the cost of the product or service that you purchased immediately after the completion of the action and upon authorization of the credit card company.

 

The details of your purchase on the Site are transferred via industry standard secure coded protocol (SSL) to the Company’s data processing computer. We and/or the Site’s operators will not transfer this information to any third party, save for the credit card companies and the suppliers who will receive the information in order to complete the purchase.

 

Neither the Company nor anyone acting on its behalf shall be liable, directly or indirectly, in the event that the purchase information is not received in the system and/or for any technical or other failure that prevents you from completing your purchase via the Site.

 

Knowingly submitting false information may constitute a criminal offense. Anyone submitting false information may be subject to civil and criminal action, including to a claim of damages for any harm caused the Company for any disruption of the sale process.

 

The prices depicted on the Site include VAT, unless expressly noted otherwise.

 

Every purchase through the Site is conditional upon a minimum purchase of NIS 50.   

 

You may pay on the Site using the following credit cards: Visa, Leumi Card, MasterCard, Isracard and American Express.

 

The various products, services, prices (including for delivery) and payment terms on the Site may change from time to time at the Company’s sole discretion.

 

We apologize in advance for any inconvenience that may be caused by a shortage of stock of any particular product. In the event that you purchase a product that is out of stock, the Company will notify you accordingly as soon as possible and will not charge your credit card. The Company does not guarantee that products appearing on the Site will be in stock and the Company will not compensate you for failed delivery resulting from lack of stock.

 

Shipping Policy and Cost

 

We deliver only within the borders of the State of Israel.

 

Sales through the Site are to individuals only, with no wholesale.

 

We will deliver purchased items to the address provided at the time of purchase. We undertake to deliver purchased items, provided that the credit card payment was authorized as set forth above and below.

 

We will not be responsible for any damage resulting from late and/or delayed delivery and/or failed delivery resulting from force majeure and/or events that are out of the Company’s control, including strike, accident, weather, security emergency, war, terror, etc.

 

Delivery will be on business days counted from the date of the credit card authorization (Sun.-Thurs., not including Fridays, Saturdays, holiday eves, holidays and public days of rest).

 

Shipping charges listed on the Site do not include non-standard shipping (shipping to high floors with no elevator, shipping that requires additional manpower or special equipment) and/or delivery outside the State of Israel. In cases of such non-standard shipping, the company may cancel the order at its discretion or assess additional charges on top of the standard shipping charge.

 

Payment for shipping is to be made by credit card and will be added to the cost of the transaction.

 

Shipping costs are as follows:

 

For orders up to 199 NIS - NIS 20.

 

For orders of over 199 NIS - Free.

 

We reserve the right, at our sole discretion, to cancel or amend the terms relating to the purchase of merchandise, including the prices listed on the Site, at any time, for any reason or for no reason

 

Cancellation/Return Policy

 

You may cancel your transaction subject to, and in accordance with, the Consumer Protection Law, 5741-1981 (hereinafter: the “Consumer Protection Law”) by providing notice to the Company by email to contactus@sabon.co.il or by telephone to 03-7701800.

 

If you already received the product, you may cancel the transaction within 14 days of delivery, provided that the product has not been opened, has not been used, is still in its original packaging, is fit for use and completely undamaged. You may cancel within 7 days of delivery by returning the product, together with a cancellation notice, by mail to the Company’s offices at 16 hamezuda Street, Azur.

 

Pursuant to the provisions of the Consumer Protection Law, if you choose to cancel the transaction for any reason, with the exception of any of the following: damage to the purchased product, incompatibility between the product and the information provided to you, delivery of the wrong product or breach by the Company of the Agreement, we will charge you a one-time cancellation fee of the lower of 5% of the purchase price of the returned product or NIS 100, as set forth in the law (hereinafter: the “Cancellation Fee”).

 

Your cancellation request shall constitute your consent that the Cancellation Fee serve as full and complete compensation for the cancellation.

   

General Terms and Provisions

 

The Site may include links to third party websites or features, including via advertisement, picture or information. The information on the Site may include third party content that we do not control, maintain or support. You hereby expressly agree and declare that we shall not be responsible in any way for any such third party services or features. Correspondence and transactions that you carry out with third party services located on the Site are solely between you and such third party. We shall not be responsible for such third party terms of use or privacy policies or for such third party user identification systems.

 

When using the Site you agree that you understand that we may post advertisements and sales promotions on the Site in the manner, form and scope as we deem appropriate at our sole discretion.

 

We may not post on the Site regarding our cooperative ventures with other commercial entities, paid services, paid content, etc.

 

You declare as follows with respect to any mode of contact with us regarding Sabon, including, but not limited to, feedback, questions, comments, suggestions, etc.: (1) your correspondence will not be confidential and we shall not be obligated to protect such correspondence from disclosure to third parties; (2) we may copy, use, transfer and transmit the correspondence to others without limitation; and (3) we may use any idea, concept, knowledge, content or technique included in your correspondence for any purpose whatsoever, including, but not limited to, for development, production and marketing or products and services that use such information. The foregoing is limited solely with respect to personal identification information as set forth more fully in the Privacy Policy.

 

The Site contains information and content belonging solely to us or licensed to us by a third party (hereinafter: “Sabon Content”). Sabon Content is protected by copyright, trademark, patent, trade secret and other statute. Sabon is the owner and reserves for itself all rights and ownership of the Sabon Content and of the services provided on the Site. You may not use the Sabon Content in any way, including to alter, copy, use, publicize, present, broadcast, sell, reengineer, etc. such content.

 

The name, Sabon logo and unique font used for the Company’s marks and for the Site are protected by copyright and you may not copy, duplicate or use them, in whole or in part, without Sabon’s prior written consent. In addition, all of the headings, unique graphics, button icons and unique features are the intellectual property of Sabon and they may not be copied, duplicated or used, in whole or in part, without the Company’s prior written consent.

 

You agree not to directly or indirectly perform any act or omission that may endanger or harm our rights or ownership of the Sabon Content, with respect to the Site or its content, including, but not limited to, the components and methods incorporated therein, all of the information displayed on the Site or any of the property, intellectual property and ownership rights related thereto (collectively: the “Sabon Rights”). You further agree not to disagree to or resist any request by us and/or by any party affiliated to us in respect of the Sabon Rights in any jurisdiction or in accordance with any law and/or treaty.

 

The Sabon Content may include technical inaccuracies and/or typos and/or mistakes (hereinafter: the “Inaccuracies”), including, but not limited to, Inaccuracies related to pricing or availability of purchases and orders from the Site. Without derogating from the generality of the foregoing and the below, Sabon shall not be liable for any such Inaccuracies, mistakes or omissions and shall not be under any obligation to honor orders or to consider information influenced by such Inaccuracies.

 

Sabon reserves the right to perform amendments, repairs, cancellations and/or improvements on and to the Site, the Sabon Content and the services described thereby, at any time and without prior notice, including following the authorization of any transaction whatsoever.

 

Pages and/or certain sections of the Site may be accessible only to Sabon customers or other authorized persons. The information and content contained on such pages and/or limited sections is confidential and shall be considered an integral part of the Sabon Content. We reserve the right to prevent access or use of such pages and/or limited sections in cases where we determine that such access disrupts the function of the Site or causes a commercial advantage to third parties that are detrimental to Sabon.

 

We intend to maintain the availability of the Site at all times. Nevertheless, there may be times when the functionality of the Site is disrupted, including, but not limited to, for purposes of planned maintenance or upgrade, for emergency repairs or as a result of an internet, communication and/or equipment failure.

 

No Liability

 

The Site, including the Sabon Content, is presented AS IS. By using the Site, you agree that none of Sabon and/or anyone acting on its behalf, including its employees, managers, directors officers and/or affiliated parties shall have any liability for any use whatsoever of the Site, including with respect to the following: (1) sales services; (2) Sabon Content; (3) Site security. In addition, you agree to exempt Sabon and/or anyone acting on its behalf from any liability in connection with the use of the Site, including incompatibility between the operating system and the Site, smooth functioning without disruption, system integration or anti-virus protection.

 

It is hereby clarified that Sabon and/or anyone acting on its behalf does not guarantee that the Site and the services provided thereby shall function without failure or disruption; that any failure shall be remedied; or that the Site and the servers on which its content is stored are protected from harmful elements, including, but not limited to, viruses.

 

You declare that you are solely responsible for your use of the Site. Sabon and/or anyone acting on its behalf do not provide any representation or warranty that the information (including instructions) presented on the Site is accurate, complete or useful, and they do not guarantee that your use of the services shall be in accordance with applicable law in your jurisdiction. When using the Site you declare that all of your activities are legal in the jurisdiction and/or country in which you are located.

Limitation of Liability; Waiver

 

Sabon and/or anyone acting on its behalf shall not be liable to you for any loss, damage of any kind (including, but not limited to, damages that are direct, indirect, commercial, punitive, incidental or consequential) in direct or indirect connection with: (a) the Site and any use thereof; (b) the Sabon Content; (c) your use or inability to use the Site and the services provided thereby; (d) any act performed in connection with an investigation carried out by us or a law enforcement agency with respect to your use or that of a third party of the services; (e) any act performed in connection with a copyright or other intellectual property right; (f) any failure or omission in the operation of the Site; or (g) any damage to the computer, mobile device or other equipment or technology of a user of the Site, including, but not limited to, security damages or damages caused by viruses, bugs, focused intervention, fraud, error, omission, disruption, failure, delay in operation or broadcast, computer system or network failure, or any technical or other failure, including, but not limited to, damages for loss of profits or agreements that went unsigned, loss of accounts, loss of goodwill, loss of information, cessation of work, management time or work investment, precision of results or any other failure, whether or not foreseeable, including of Sabon and/or anyone acting on its behalf was aware or should have been aware of the possibility of the occurrence of such damages, whether through agreement, negligence, absolute liability or tort (including, but not limited to, whether such failure or damage was caused in whole or in part through negligence, actions out of the parties’ control, communication failure, theft or loss).

 

Sabon and/or anyone acting on its behalf shall not be liable to you or any other party for any loss, damage or harm, including, but not limited to, death or personal injury. Certain jurisdictions do not permit the exclusion or limitation of incidental or consequential damages and in such jurisdictions such exclusion and limitation shall not apply to you. In any event, the aggregate liability of Sabon and/or anyone acting on its behalf to you for any damage, loss or any other claim shall not exceed NIS 250.

 

You agree that in the event that you shall sustain any damage, loss or harm as a result of our act or omission, you shall not be entitled to apply for an injunction preventing use of the Site, the services provided thereby, the property, the products or any other content belonging to, or controlled by, Sabon, and you shall not have the right to join or delay the development, production, distribution, advertising, presentation or use of the Site, property, products, services or other content belonging to, or controlled by, Sabon.

 

By accessing or using the service you understand that you hereby waive your rights in connection with claims that are unknown to you at this time.

 

Sabon and/or anyone acting on its behalf are not liable for third party actions, content or information and you hereby release the Sabon parties from any claim of damages, whether known or unknown, arising from, or in connection with, claims against such third parties.

 

The exemption, limitation of liability and waiver set forth in sections 63-67 shall not apply to damages caused by bodily injury and/or fraud and/or misrepresentation and/or any other liability that cannot be limited under applicable law.

Indemnification

 

You, and anyone acting in your name or on your behalf, hereby agree that (pursuant to our request) you shall indemnify Sabon and/or anyone acting on its behalf, for any claim, liability, damage, loss and/or expense, including, but not limited to, legal fees and costs, arising from or in any way connected to any of the following (including as a result of your direct activities on the Site or activities performed on your behalf): (1) access or use of the Site; (2) a breach or presumed breach of any of these Terms of Use; (3) a breach of third party rights, including, but not limited to, any right of intellectual property, publication, confidentiality, ownership or privacy; (4) a breach of any law, regulation, ordinance, order or other instruction issued by any governmental or quasi-governmental authority, including, but not limited to, regulatory, administrative or legislative authority; or (5) any misrepresentation. You shall cooperate with Sabon and/or anyone acting on its behalf in defending such a claim. Sabon reserves the right to manage the defense and control any matter concerning the indemnification that you shall provide, and you may not settle any such matter without Sabon’s prior written consent.

Priority of Documents

 

In the event of a contradiction or discrepancy between the terms of these Terms of Use and the Privacy Policy, the provision that is most beneficial to Sabon shall prevail and you hereby waive and shall be estopped from raising any claim and/or demand from or of Sabon in this regard. 

 

Prescription Agreement

 

You hereby agree that any claim that you may have or that arises from your relationship with Sabon must be submitted without 1 year of its inception. A claim submitted after such date shall be rendered invalid. The provisions of this section shall be considered an agreement for the purposes of section 19 of the Prescription Law, 5718-1958.

Governing Law; Jurisdiction

 

These Terms of Use shall be subject exclusively to the laws of the State of Israel. The competent courts in Tel Aviv shall have exclusive jurisdiction over any dispute arising in connection with the performance or interpretation of these Terms of Use. By using the Site, you declare that you shall not object to the governing law or jurisdiction by claiming lack of personal jurisdiction, forum non conveniens or any other claim. In addition, you hereby agree not to file or take part in the filing of a class action against us. You further agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

 

Notices

 

Notices on Sabon’s behalf may be sent you via email, regular mail, SMS to the telephone number you entered when registering for the Site or via any other mode of communication.

 

You may send us notices via registered mail to: Sabon Shel Pa’am (2000) Ltd., 16 Hametzuda Street, Azur, 5800160 or via the contact form on the Site.

 

Territorial Limitations

 

The information provided on the Site is not intended for dissemination or use by any person or entity in any jurisdiction or country in which such dissemination or use is prohibited by applicable law. We reserve the right to amend and/or limit the availability of the Site and the services provided thereby, or any part thereof, as well as to limit the scope of the content, plans, products, services or other features provided by us in accordance with the country in which you are located.

 

 

Accessibility