Terms & conditions
Effective Date: 06.10.2020
OVERVIEW
This site (the "site") is operated by LA'AVIN Ltd. (the "Company"). Our site is hosted by Shopify Inc, which provides us with the online e-commerce platform that allows us to sell our products and services to you. For more information please review Shopify terms of use.
Throughout the site, the terms “we”, “us” "LA'AVIN" and “our” refer to Company. we offer this site, including all information, tools and services available from this site to you, the user (the " services"), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage with our “services” and agree to be bound by the following terms and conditions (“the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink as our Privacy Policy (the "Privacy Policy") and our Refund and Cancellation Policy (the "Refund and Cancellation Policy" – as described below, together with the Term and the Privacy Policy the " Terms of Use”). These Terms of Use, the Privacy Policy and other policies apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use and the Privacy Policy carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Use, Privacy Policy and other policies. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use. Please note that in any event of conflict between the provisions of this Terms of Use and other provision in the site, the provisions of this Terms of Use shall prevail.
SECTION 1 - ONLINE SITE TERMS
By agreeing to these Terms of Use, you represent that you:
must be at least 18 years of age or at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site;
have a valid credit card;
You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information may result in your inability to access and use the services.
SECTION 2 – YOUR PERSONAL INFORMATION AND ACCOUNT
There are several ways to purchase our products:
as a guest by providing your:
(1) E- mail address;
(2) your full name
(3) shipping address; and
(4) Phone number.
OR by creating an account with us in order to access certain content, material, products or services on the site, you shall be asked to register and create an account. As part of the registration process, you shall be asked to select or submit a user name and password and provide your:
(1) E- mail address
(2) full name; and
(3) shipping address; and
(4) Phone number.
Your submission of personal information as a guest or by creating an account, through the site is governed by our Privacy Policy. To view our Privacy Policy please visit Privacy Policy.
You understand that your content including but not limited to the abovementioned personal information and comments (as defined below) (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information regarding how we use your personal information please visit our Privacy Policy.
SECTION 3 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address, your shipping address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Your failure to maintain accurate, complete, and up-to-date account information or your guest information as abovementioned, may result in your inability to access and use the services.
You are solely responsible for any actions performed in the services under your user name and password. Keeping your password safe is your sole responsibility. If you have any reasons to suspect that your password was discovered by any third party or that there was an unauthorized access to your account you will immediately notify us and modify your login information, using the contact information under “Contacting Us” section below.
SECTION 4 - PRODUCTS OR SERVICES ON OUR SITE - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Our services including our products are provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the site's content is at your own risk. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
For avoidance of doubt, the images are for illustration purposes only, and there may be dissimilarities between the images to the product actual received by you. We are not responsible for any unsuitability of the colors display on your computer monitor and the colors of our products. Subject to any other provision of this Terms, solely the written description of the product shall bind us. With respect to our Refund and Cancellation Policy (as described below), unsuitability, means: (1) event in which the name of the product you received is unsuitable to the name product you ordered. (2) Event in which the size of the received product is unsuitable to the size you ordered (for example, you ordered size M and received size L). For more information regarding our sizes please see our size manual available at Size Chart; or (3) event in which the Color of the received product is completely different from the color you ordered (the written name of the Product, other than the color reflect on your computer monitor). Without derogation the aforementioned, differences in color tone of the product shall not be considered as an unsuitability.
Our products and/or services may have limited quantities. We reserve the rights, but are not obligated, to: (1) limit the sales of our products or services to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis; (2) limit the quantities of any products or services that we offer.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products, our products and/or services are subject to change without notice. We reserve the right at any time to modify or discontinue the services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the services.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
Please note that the prices include VAT and don’t include the delivery fee.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products and services available via our service may include links and/or references to other websites.
Third-party links and/or references on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Such purchase and/or any use of such third party materials, products, or services of third-parties, shall be subject to the terms and conditions and privacy policy of such third parties and not to these Terms of Use and/or the Privacy Policy. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Please note that third parties delivering advertisements on our services may also use cookies or other technologies, including tailored advertising and analytics, and those practices are subject to those third parties’ own policies.
You can prevent the use of cookies on your electronic device by adjusting the privacy settings in your browser. For further information regarding cookies in general please see our Privacy Policy available at Privacy Policy
SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is, among others, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third party’s intellectual property, our intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, type of linen, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the services or on any related website, should be taken to indicate that all information in the services or on any related website has been modified or updated.
SECTION 9- DELIVERY
We deliver only within the borders of the State of Israel and your purchased items shall be delivered to you by an external delivery company. We will deliver the purchased items to the address provided by you at the time of purchase and/or creating an account with us. We will do our best to deliver the purchased items, provided that the credit card payment was authorized.
Deliveries will usually be made within up to 10 business days after you place your order [excluding Weekends and holidays]. Your order can be delivered anytime between the usual business hours and a signature may be required on receipt. We will not be responsible for any delay and failed delivery and 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 our control, including but not limited to strike, accident, weather, security emergency, war, terror, etc.
Please note the Prices don’t include the delivery fee.
For avoidance of any doubt, the delivery fees are not refundable.
For more information regarding the delivery of the Product you may visit FAQ
SECTION 10 – Returns, REFUND AND CANCELLATION
- In event of receipt of a damaged product or product that is deemed as unsuitable product (as defined above), you will be entitled, subject to our confirmation that the product is unsuitable and/or suffer from defect, to cancel the transaction in accordance with the applicable law. In such event, upon receipt of the damaged product or the unsuitable product, please contact us and provide us with a picture of the product and with a description of the damages or the unsuitability of the product.
- In any other event (as described above), cancellation of transaction will be made by you within 14 days from the date of receipt of the product, provided, that the product is in its original packaging, in good condition, all in accordance with the provisions of the applicable law.
For more information regarding Our Refund and Cancellation Policy, contact us according to “Contacting Us” Section below.
SECTION 11 - INTELLECTUAL PROPERTY RIGHTS
All content included on the site, unless uploaded by you except your comments (as defined above), including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, our products, photos, tool(s), feather(s), underlying code and software is the sole property of LA'AVIN and our affiliates (if any) or other relevant third parties. By continuing to use the site you acknowledge that such materials are protected by applicable law and International intellectual property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use materials from the site unless otherwise indicated on the site or unless given express written permission by us.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you agree not to : (a) use this site or the services for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) use our products for any illegal or unauthorized purpose nor may you, in the use of the services, violate any laws in your jurisdiction (including but not limited to copyright laws) (l) to reproduce, duplicate, copy, sell, resell or exploit any portion of the services, use of the services, or access to the service or any contact on the site (m) transmit any worms or viruses or any code of a destructive nature, or (n) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the services or any related website for violating any of the prohibited uses.
A breach or violation of any of the Terms will result in an immediate termination of your use of the services in the site.
Furthermore, you undertake to use the services solely for your own personal and non-commercial use and for no other purpose whatsoever.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY MAKES NO REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR IN DELIVERY OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
EXCEPT WHERE PROHIBITED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
To the maximum permitted under law, in no case shall LA'AVIN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for, including but not limited to, any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services and/or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Without limiting the foregoing, in no event shall LA'AVIN and its affiliates' total liability to you in connection with the services and/or products for all damages, losses and causes of action exceed (a) the amount (if any) paid by you to LA'AVIN over the course of six months immediately preceding the event which gave rise to the liability; or (b) one u.s. dollars (us $1), whichever is less. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. We shall not be responsible or liable for any delays or failures in performance if caused by circumstances beyond LAAVIN's reasonable control, including, without limitation, problems in infrastructures, downtime or errors of service providers (e.g. cloud server is down), acts of God, strikes or other labor disturbances, government regulations or acts, war, whether declared or not, sabotage, terror of all kind and/or any other cause or causes, whether similar or dissimilar to those herein specified, which cannot reasonably be controlled by LAAVIN.
Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You recognize and agree that the warranty disclaimers and liability and remedy limitations in these Terms of Use are material bargained for basis of these Terms of Use and that they have been taken into account and reflected in the decision by you to enter into these Terms of Use.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless LA'AVIN and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any losses, demands, expenses, liabilities, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or your use of the services; (ii) any misrepresentation made by you to any third party, (iii) your violation of applicable laws, regulations or third party rights, including, without limitation, any intellectual property, property, or privacy right, and including any third party claim in respect of the submitted information and materials; and (iv) your breach of these Terms of Use.
SECTION 15 – TERMINATION
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our service, or when you cease using our site.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the services and/or, at our sole discretion at any time without prior notice and for any reason, including, but not limited to, technical difficulties or violation or suspect violation of these Terms of Use, all in accordance with applicable laws. We also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
Upon termination, you shall immediately cease using the services, pay LA'AVIN any applicable fees and payments due as of termination and the following Sections shall survive: 1, 2, 3, 4 - 17, 18(f)
SECTION 16 – GENERAL
According to the applicable law, these Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel-Aviv with regard to all claims arising out of, in connection with, or in any way relating to, these Terms of Use and the parties hereto submit themselves to the exclusive jurisdiction of these courts.
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use, the Privacy Policy and any policies or operating rules posted by us on this site or in respect to the services constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
If any provision of these Terms of Use is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
e. You are not entitled to assign or otherwise transfer the Terms of Use, or any of your rights or obligations hereunder, to any third party without the prior written consent of us. Any unauthorized assignment will be void and of no force or effect. We may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
We will, on a best effort basis, provide you with reasonable notice of any such assignment.
YOU AND LAAVIN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OTHER THAN ANY MISCONDUCT WITH RESPECT TO OUR SITE AND/OR PRODUCT, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. For the avoidance of any doubt, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 17 - CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or the services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the services is at your sole risk.
SECTION 18 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at ask@laavin.com.