Terms of use of the Smart Pergola Ltd. website and terms of use
A. introduction
These Legal Terms regulate the legal and commercial relationship between Smart Pergola (hereinafter: “the Company” or the “Store”) through the Website www.shopshipsmart.com (hereinafter: “the Website” or “this Website”) of the Company and its customers subject to the rules of the Terms This.
The rule stated in these regulations applies to both sexes and is written in masculine for convenience only.
Welcome (hereinafter: “the surfer” or “user”) to the Smart Pergola Ltd. website, the website is operated by Smart Pergola Ltd., the browsing and use of the website, the various services provided and / or provided on and / or through it from time to time are Subject to the provisions and conditions set forth in the Site Terms (hereinafter: the “Terms”).
The site is a site that offers surfers to order and / or import through the company furniture and accessories for the home and other products offered in the store. Subject to the conditions below, any surfer may be exposed to the content appearing on the site. The data and / or content published on the website have been received in part by third parties, and by their nature they may change or be updated from time to time. The data and content are provided “As Is”, and the company is not responsible for the up-to-dateness of that data and of the content provided.
The instructions and conditions set forth below shall apply to any use made by any surfer in addition to their applicability to the Company including its directors, employees, shareholders and anyone acting on its behalf or on its behalf. It is hereby clarified that the terms and conditions set forth below are in addition to all the agreements and terms set forth in the Supplier and / or Investor Joining Agreement, insofar as such is entered into.
This is the place to point out that the very use of the site and / or the entrance to the site and / or the use of the trading system and / or browsing the site (hereinafter referred to as “use of the site”) constitutes consent to the terms and conditions.
Please read the terms carefully:
B. general
1. The surfer declares that he is over the age of 18 and has the legal capacity to enter into an agreement with the site owners.
2. As stated, the very use of the site constitutes consent on the part of the surfer to the provisions of the regulations and the terms of use, if the surfer does not agree to the terms, in whole or in part, the surfer will not be allowed to use the site for any purpose. The user of the website draws attention to the fact that the company reserves the right to update the provisions of the regulations and the terms of use, from time to time, at its sole discretion and without the need to give any notice in advance and the updated terms will be binding from the moment they are published on the website.
3. The provisions of the Terms and Conditions of Use shall prevail and the law shall be determined, in any case of conflict and / or inconsistency between them and any other publication of any kind and type, except in the event of a conflict between the provisions and Terms of Use and the Trade Agreements.
4. The Company’s databases and databases or any part of them may not be used in any way without the written permission of the Company to make such use, when the approval will be given in advance.
5. The laws of the State of Israel shall apply to the use of the website and everything arising from such use, and the courts in the Haifa District shall have the exclusive and sole jurisdiction in any matter related to them. The services on this site are not offered where their use is not permitted under local law.
C. Regions
6. The company’s online booking service may be restricted to certain areas in accordance with the list appearing on the website and which will be updated from time to time. Therefore, no order whose detailed address is outside this area will be accepted, and the Company will not be obligated to provide an order whose detailed address is outside the area specified in this section, even if the same order was received on the Company’s computers.
7. It will not be possible to deliver orders to an area controlled by the IDF and / or to an area where there are traffic restrictions for security reasons or for any other reason, and the company will not be obligated to provide an order whose address is in the area stated in this section. .
8. The company does not undertake to make a delivery to any address – except after checking the address and confirming the order.
D. enrollment
9. When registering for the site, the surfer will be asked to provide, among other things, personal details such as: full name; ID number; Address; Means of communication and credit card details. The surfer is obliged to provide accurate details, and in full, otherwise, it will not be possible to purchase on the site.
10. When registering for this site, the surfer will be asked to choose a username and password. For every purchase through the site, the surfer will be able to enter the username and password in the space provided. The surfer has a duty to make sure that his details, as they appear on the computer screen, are indeed up to date. If the details are not updated, the surfer is asked to correct and update them so that his order can be fulfilled and, if necessary, even contact him.
11. Subject to the provisions of the Terms and Conditions, a surfer who lawfully holds a valid Israeli credit card may make a purchase on the Company’s website, however, the company may not allow a particular surfer to make a purchase on that site, despite lawfully holding a credit card, and even if that surfer is full Follow the other provisions of the regulations and the terms of use, even if the same surfer made a purchase on a promoted site, and all at the sole discretion of the company. Without derogating from the generality of the above, the company may cancel transactions made by a surfer on the site in any of the following cases:
A. When registering on the site, incorrect or unintentional details were provided by the surfer;
B. The surfer has committed an act or omission that harms or is likely to harm this site or the company, or any third parties, including the company’s customers and suppliers;
C. An attempt has been made by the surfer to use or an actual use has been made that is unfair and unreasonable.
D. In the event of the use of the services of this site to commit an illegal act in accordance with the laws of the State of Israel or to enable, facilitate, assist or encourage the commission of such an act;
E. In case of violation of the provisions of the regulations and / or the terms of use we are dealing with, and / or the terms of any other online service offered by the company.
F. In the case where the surfer owes money to the company and / or other companies related to the company, when until the date of purchase on the site the same debts were not repaid even though the due date has passed;
G. In the event that the credit card held by the surfer is blocked or restricted to use in any way possible.
H. A credit card provided by a surfer and which is refused by the credit company constitutes evidence to cancel the transaction for the company.
E. Products
12. The company may at any time, at its discretion, change the supply and variety of products on this site. Therefore, the fact that a particular product was offered for sale on this site at any time does not necessarily lead to the conclusion that that product will be offered on the site at a later date.
13. The Company will act to increase the scope and variety of products and their types, but does not undertake any scope, availability or minimum variety. The company reserves the right to supply a partial quantity of a particular product.
14. The company announces in advance that sometimes some of the products displayed on the website are out of stock, and in such a case the customer will be entitled to cancel his order. At the same time, the company will be allowed to present alternative products (of a similar nature), and offer them to the customer instead of the products he has purchased.
Product notes
15. The data appearing on the products were provided by the product suppliers and under their responsibility.
16. There may be errors and / or inconsistencies in the labeling of the products
17. The photos are for illustration only.
18. The validity of the promotion is in accordance with what is advertised on the website, subject to the promotion of the promotions and benefits.
19. The company will not be responsible for any delay or delay in delivery and / or non-delivery caused as a result of force majeure and / or events beyond its control.
Cancelling a transaction
20. The customer may cancel an order only in accordance with the provisions of the Consumer Protection Law, 5741-1981 and regulations thereunder (hereinafter: “Consumer Protection Law”). For convenience, according to the Consumer Protection Law, a customer may cancel a transaction for the purchase of a product sold 14 days from the date of receipt of the product. In the purchase of certain products, it will not be possible to cancel the order, including as specified in section 14C (d) of the Consumer Protection Law, including lost property, “information” as defined in the Computers Law, 1995, goods manufactured specifically for The consumer following the transaction Goods that can be recorded, copied or duplicated, that the consumer has opened their original packaging, medicines, nutritional supplements and lingerie.
21. The company will be entitled to charge a cancellation fee in case of cancellation not due to a defect or non-conformity at the rate of 5% of the price of the product you purchased or NIS 100, whichever is lower, as long as the customer chooses to cancel the order due to defect in the product or non-conformity.
22. An order can be canceled up to 14 days from the date of the transaction. Cancellation of an order will be made by writing to the company only at its address at 5 Hayotzer St., 16967 Bird View Galilee Industrial Area.
23. The data appearing regarding the products, their composition, features, etc. were provided by the product suppliers and are therefore their sole responsibility.
24. To the extent that the customer requests that the supplier install the product purchased for him (insofar as the installation is relevant), the installation will be subject to the payment of an installation fee directly to the supplier of the products according to its terms.
25. The warranty will be given to the customer by the product suppliers and / or those on their behalf in accordance with the terms of the warranty relevant to the product purchased and the company will not be held responsible.
26. Returns and / or cancellations of products ordered in a special order for the customer will not be allowed. Products ordered according to size and / or customized and / or according to special requirements are considered a special order.
27. It will not be possible to return and / or cancel a transaction if the product and / or furniture was assembled at the customer’s home.
F. Prices
Price update
28. The Company is entitled to change the prices of the products as detailed below, at its sole discretion and without the need for prior notice.
29. Next to each product offered on the site will be displayed the updated price of that product, as of the moment the surfer visits the site, this price will be valid until midnight on the day of ordering only.
30. The date on which the price of the product will be determined is the date of closing the order – the date of receiving confirmation of the order by e-mail. If the prices were updated before the order was closed on the website, the price of the product to which the surfer will be charged is the updated price, and everything as presented in the order confirmation that will be received by email.
VAT
31. All prices listed on this site are denominated in NIS. Prices include VAT where applicable.
Estimated account
32. The final amount, in which the surfer will be charged for the purchase on the site, will be calculated according to the weight of the products, which were actually supplied to him, and according to the price of the items at the end of their collection for delivery. The account that will be displayed to you when completing the order on this site is an approximate account only. Naturally, there may be a gap between this amount and the final account amount. This can be due to various reasons, including: product availability (s), price updates, additions or credits for various promotions, shipping fees, customs fees, supply of a replacement product, etc.
G. Means of Payment
33. This site accepts payment using only valid credit cards, which have been issued by one of the credit card companies operating in Israel according to law, and as long as those companies allow payments on the Internet and in the manner in which they allow it, depending on the type of credit card held by the surfer. In addition to a valid credit card, as stated, you must have an Israeli identity card or a valid passport.
34. The Company reserves the right to discontinue the use of any means of payment on this site, to permit the use of additional means of payment and to apply various payment arrangements to the types of credit cards or means of payment that this site respects.
H. Terms and dates of payment
35. The terms and dates of payment will be in accordance with the practice on this website when the actual order is delivered. The payment dates and the possible number of payments will be displayed for the surfer’s confirmation when the order is confirmed. To the extent that the credit company to which the card used by the surfer belongs, charges an additional fee for making a payment transaction – the charge will be imposed on the surfer.
L. Changes and cancellations
36. In the event that the purchase is canceled and / or changes are made and / or the surfer wishes to replace certain products and / or changes are made to its details (hereinafter: “change of purchase”), the company will endeavor to provide / cancel the purchase in accordance with the change made. In no way will the company have to change / cancel the purchase in any case completely, and the surfer must know that there are cases in which the company will not be able to make the requested change even though it has tried to do so.
37. Cancellation of a purchase or any change in a purchase, will be made by the surfer solely in accordance with the provisions of the Consumer Protection (Cancellation of a Transaction) Regulations, 2010, and in accordance with the provisions of the Consumer Protection Law, 5741-1981. Will be done in violation of the provisions of the law constitute as far as the company is concerned, it is null and void, and this is a reason for the company not to act in accordance with the same change / cancellation.
38. A change in the purchase and / or a cancellation of the purchase will be made by the surfer at least 3 hours before the products are collected and prepared for delivery, which means that from the beginning of the collection and preparation process for delivery, it will not be possible to change / cancel the purchase by the surfer. In this case, the total final bill for payment will reflect, among other things, the changes made by the surfer.
M. Intellectual Property
39. The copyrights and intellectual property on the site and in the trading system belong to the company and / or to third parties who have given the company permission to display them within the framework of the site and the said services. Including, and without derogating from, the Company is the sole owner of the site’s names and trademarks, copyrights, patents and designs of the site, whether registered or unregistered, in trade secrets involved in operating the site and the trading system, in designing the site, in the technological information involved in its operation, including But without prejudice, software, applications, graphic files and others, computer codes, texts and / or any other material contained therein – other than vendor content as defined by this term below (hereinafter: “the Information”).
40. Access to the site and any use of it is subject to the conditions specified in the regulations, including the copying, distribution, reproduction, public display and / or in another way, or the information and / or any part of it is provided to a third party. You may not modify, publish, transmit, transfer, sell, distribute or make any commercial use of the information and / or any part thereof, except with the prior written permission of the Company.
41. For the avoidance of doubt, it is hereby clarified that the Company is not liable for the infringement or infringement of any intellectual property rights, including trademarks, copyrights and trade secrets in connection with the right of use granted to the surfer in addresses, including domain names and e-mail address (e- mail).
N. Vendor Content
42. As stated, among other things, the site serves as an entrance gate to the trading system, in the framework of which suppliers and / or investors will publish content and information in connection with the services and invoices, including prices and more (“user information”). Subject to the provisions of any law, all user information is the sole responsibility of the user who uploaded this information to the site or who provided information to the company in order for the information to be uploaded to the site.
43. The company does not edit and / or monitor the user information, representations and obligations uploaded to the site and / or the services by the users and / or any third party and is not responsible for this content and / or any result that may result from relying on the content and / or Their use. However, at the request of surfers and users. The information is provided “as-is” and is subject to human error in typing it, so before any reliance on it – the obligation to check the user of the information applies. The company reserves the right to edit, remove content and / or refuse to upload it if it finds, at its discretion, misleading, offensive and / or for any other reason. The company also does not control, monitor and is not responsible for the information and / or services provided and / or published by others and / or through them, either directly or indirectly, including services and content sites of others to which there is a link from the site.
44. Any use by third parties of the surfers’ content, without the permission of the copyright holder, constitutes, inter alia, a violation of the Copyright Law, 5768-2007.
45. The surfer understands that the user information is not the responsibility of the company and that if the surfer decides to rely on the user information, he does so at his own risk. The surfer undertakes to release the company definitively, completely and irrevocably from any liability for any damage, loss, loss or expense of any kind, caused or to be caused to the surfer and related, directly or indirectly, to the user content uploaded, fed and / or appearing on the site, including presentations and / Or any obligations of any of the users.
Twelve. Marketing information
46. The website includes marketing information of the company. And may include the publication of opinions, news, studies, analyzes and if and to the extent that it is brought, it is brought for marketing purposes only and is not brought for any support, persuasion or suggestion. Surfers and users are offered to conduct independent research before deciding whether to use the trading system and how to trade in it. The information provided on the website and / or in the trading system will not be considered as an offer to trade or execute a transaction. The company will not be responsible for any loss or damage that will be caused to any of the users due to the use of the trading system.
47. The information provided on the Website is subject to changes and updates at any time. Although the company makes efforts to ensure the accuracy and correctness of the information, the company does not guarantee that the information is indeed accurate and correct. The company publishes the information as is and without obligation.
O. Commercial information
48. The publication of content, presentations and commitments, advertisements and / or coupons and / or promotions on the website does not constitute a recommendation or encouragement on the part of the company or anyone on its behalf to purchase the services or products offered therein.
49. The company will not check the contents, presentations and commitments in the advertisements that appear on the website, and is not responsible for what is stated in them. For the avoidance of doubt, the Company is not and will not be a party to any such transaction. The surfers and registered users hereby waive any claim and / or lawsuit against the company and / or anyone on its behalf in relation to such information, publications and content. However, the company reserves the right to download any information about which it will be provided to it by a surfer that has been found to be unreliable and of any advertisement at its sole discretion, in the event that it is found to be infringing.
P. The surfers’ statement
50. The services provided on the site may be used as is. There will be no claim, claim or demand against the owners of the site for the nature of the services offered by the site, if they are limited, tailored to your needs, or the reactions that will provoke the publication of details or information on your behalf on the site. Use of the site will be at your full and exclusive responsibility.
51. Upon completion of the order – you must “exit” in an orderly manner from the order window so that a random user will not be able to use your personal data or your order data.
52. You agree that the Company will be entitled to provide details regarding the identity of a surfer to the extent required to do so by any law.
53. In addition, and without derogating from the generality of the terms and conditions, each surfer declares and undertakes to the company as follows:
54. that he is over 18 years of age and has legal capacity to enter into the agreement and that the surfer agreed to accept the terms, including the terms of the limitation of liability as stated above.
55. to use the website only in an acceptable manner and in accordance with any law and not to use the website and the services of the company for the purpose of performing any act or action prohibited by any law;
56. Do not infiltrate computer material and / or files illegally and / or transmit computer software, computer code or application involving computer virus (“virus”), including hostile software known as Trojan, Worms, and Vandals ), Malicious Applications, etc., to other computers and / or to use or interfere with other computers in violation of the Computers Law, 5755-1995;
57. A surfer who acts in violation of any of his obligations as specified above – will be blocked, the content he uploads – will be removed, and the company will be entitled to block him and prevent him from browsing the site and consuming services through it. A surfer who has been removed by the company and / or prevented from entering will not be allowed to surf again under another username.
58. The surfer who in an act or omission causes any damage to the company and / or any cause directly or indirectly through the site, will compensate and indemnify the company immediately upon receipt of a request to do so, for any damage and / or loss and / or loss and / or expense, of any kind And any type, including legal expenses, which have been or will be caused to the company and / or any third party, and which are directly or indirectly related to the surfer’s content appearing on the site and any service therein, or related to the surfer’s use of the site and / or services, Fully, definitively, completely and irrevocably waives any claim or demand towards the Company in connection with the said content, browsing the site and the use of the said services.
Q. Limitation of Liability
59. The company will not be liable for any damage caused to the customer and / or to any third party for delay in delivery or for delivery of damaged or defective products, unless the defect or malfunction is due to the company’s negligence, and in any case the customer and / or Third party, will not exceed the price of the defective product.
60. The company will not be liable for damage, of any kind, caused directly or indirectly, to the customer and / or any third party, in connection with products purchased on the company’s website and provided to the company by their manufacturer, marketer or importer, all subject to liability Every law.
61. Without prejudice to any of the foregoing, in any case the Company will not be liable for an amount of damage in excess of the price of the products which have been ordered and paid for by the customer or user of the Website.
62. The use of the Internet as a work environment is exposed to the risks inherent in the Internet and systems based on software, hardware and communication networks, including risks arising from malicious software (viruses, Trojans, etc.), eavesdropping on communications lines, hacking by hostile parties, impersonating bank or system sites. From the systems or other online scams. The company invests a great deal of effort in protecting against these risks, but the very use of this work environment is an acknowledgment that it is not possible to create complete protection and there is a built-in risk that direct and / or indirect damages and / or losses may be caused by the work environment, including disclosure and / or Disruption of information transmitted and / or displayed in systems, disruption in instructions / requests, unauthorized actions, disruptions in the operation of the site and / or in systems and / or their response times, including non-execution, incorrect execution and / or late execution of instruction / request, unavailability Of which of the systems and / or services of the site, etc.
63. The provision of services by the Company depends, inter alia, on third parties, including communications providers, infrastructure, etc. and the Company is not responsible for any act or omission of third parties and will not be responsible for any damage and / or loss and / or loss and / or expense. That will cause the surfer and / or any third party as a result of and / or in connection with the act or omission of such third parties.
64. The company is not responsible for the opinions and / or the contents and / or messages of the surfer, including any representations and / or obligations of any of the “suppliers”, “investors” or “customers” and / or potential sellers, for the quality of the products and / or services. Offered, for sale, for their terms of supply and for compliance with requirements and standards, advertising material and related information pages, which are uploaded to the site and / or any other service of the company and is not responsible for publishing the information contained in and / or any other service of the company, including the site. In addition, the company is not responsible for any damage and / or loss and / or loss and / or expense caused to the surfer as a result of storage and / or use and / or operation of the site and / or services, including due to infringement of property rights, copyrights, marks and names. Commercial, trade secrets, patents and designs, whether or not protected and / or due to invasion of privacy and including acceptance or rejection of content offered by any of the customers and / or potential sellers.
65. The company does not guarantee that all links will be correct and that it will be possible to reach an active website through them at any time.
66. All use and reliance of the surfer on any content, presentation and commitment, information, advertisements, services, products, opinions and positions displayed or advertised on the site and / or any of the services is made at the surfer’s sole discretion and sole responsibility.
67. If the users communicate with each other and / or with third parties, all terms of the agreement will be agreed directly between the surfers among themselves and / or with the third parties, and the company will not be a party to the contract. The company is not responsible in any way, and will not bear any responsibility, for damages and / or other claims, which will be to the surfers as a result of these engagements.
68. If the company has tried in good faith and before the rule of law, to assist in solving a problem and / or contacting a surfer and / or user, this assistance will in no way be construed as imposing any responsibility on the company or any of its employees.
69. Under no circumstances shall the Company and / or anyone on its behalf be liable for direct, indirect damages, punitive damages, accidental, special or consequential damages, and / or any other damages of any kind and kind, including, and without prejudice to the aforesaid, Torts for loss of use, loss of data or loss of profits, arising out of or related in any way to the use of the Services, due to delay in use or inability to use the supply or non-supply of services, or any information, presentation and liability, software, product, service and related graphics obtained through the services, and / or arising in any other way from the use of the services, whether based on an agreement or damages, under absolute liability, and / or any other reason, Even if the company or anyone on its behalf has become aware of the possibility of such damages.
70. For the avoidance of doubt, there is no guarantee of the success of a transaction and there is no security in making any investment through the site and the platform and the surfer absolves the company from any liability for any damage or loss due to the use of the site, platform and system.
16. Disconnection, pause and changes
71. The company may remove content and / or sites from the services, at its sole discretion and without the need to provide notice to surfers, including blocking and / or restricting and / or stopping the provision of services in circumstances used by a surfer that may disrupt services, other surfers , Or in a manner that constitutes a civil or criminal tort, or in a manner that raises a reasonable suspicion that the surfer is acting in a manner that is contrary to and / or violates the conditions.
72. The Company may also disconnect or restrict or stop the provision of services at any time, including but not limited to, for the purpose of performing essential or immediate maintenance or erection operations in the systems used by it, in times of national emergency or for reasons of national security.
73. There is nothing in the blocking, interruption or restriction of the services, as stated above, to impose any liability on the company, and / or to detract from the surfer’s duty to act at all times in accordance with the conditions.
74. The company may from time to time change the structure of the site, its appearance, the services on the site, the scope and availability of the services and any other aspect involved – and all, without the need to inform the surfer. The surfer will not have any claim, claim and / or demand towards the company in respect of making such changes and / or incidents that will occur in the course of their implementation.
Easy. Privacy and information security
75. The website system maintains the privacy of the users and the relevant details are detailed in the document “Privacy Policy and Information Security”, which is listed separately and forms an integral part of this policy. Your aforesaid consent in connection with the sending of mailings and advertising constitutes consent to the sending of advertisements in accordance with the Communications (Bezeq and Broadcasting) Law (Amendment No. 40), 5768 – 2008. It is clarified that despite your aforesaid consent, you may withdraw from this consent Sending a notice of refusal to the site in writing or in the manner in which the advertisement was sent to you.
S. The rights of the company on the site
76. The company’s intellectual property, including copyrights and / or trademarks and / or designs and / or patents, etc. in those rights on the site, including site design, software, applications, graphics files, texts, images, technologies, processes, contents, The icons, computer code and any other material contained on the Site (the “Site Content”) are wholly and exclusively owned by the Company, or by third parties from whom the Company has obtained a lawful license to use.
77. The company reserves all its rights and property in the content of the site, and the entry into the site does not in fact grant any license and / or right in the content of the site and / or part of it.
78. The names Smart Pergola, Shop-Schiff Smart and the domain name of the site, including all trademarks of the company are wholly and exclusively owned by the company, and the entrance to the site does not in fact grant any license and / or right in them.
79. Any mention in the various catalogs of a name, trademark, product and / or service of any third party, appears solely as a service to the customer and does not constitute an advertisement, promotion, sponsorship and / or any recommendation regarding them. Product images are for illustration purposes only. It is clarified that a violation of third party intellectual property rights will be the sole responsibility of the relevant supplier.
80. The site and the contents of the site are intended solely for private and non-commercial use, and their use is limited solely for the purposes of selling and buying the products through them. No material may be copied, reproduced, distributed, sold and / or displayed as specified above without the prior written permission of the Company.
(Updated on 09.02.2022)
