Conditions of Use

Introduction

The website (the "Website”) is an internet website constituting a virtual store to purchase products by the public surfers over the internet. The website owner and operator is the ER OVADIA TRADING Ltd., Private Company 514802636 whose registered office is located at jerusalem 29a\7 , Rishon le zion, Israel (“Set Free”).

These Terms & Conditions constitute a binding contract between the user and Set Free for all purposes. If you do not agree to the following terms & conditions ("Terms of Use"), than you must not use the Website. Any action performed on the Website clarifies that the user is aware to the Terms of Use and accepts them, and that he and/or anyone on its behalf have no claim and/or legal claim and/or demand against Set Free, the Website, Website owners, Set Free's management and/or Directors and/or their designees and/or any and/or anyone on their behalf other than claims relating to the breach of the Terms of Use that Set Free is obliged to. Only the rules of these Terms of Use oblige Set Free in relation to anyone who makes any activity on the Website.

Set Free reserves its right to change the Terms of Use from time to time at its sole discretion. However, any changes will apply only to products purchased after such change.

For the purpose of these Terms of Use, "User" refers to any individual, including a company that may use the Website, including to carry out actions through the Site, subject to fulfilling the following of the cumulative conditions detailed hereunder:

The User is qualified to perform binding legal actions; in the event you are a minor (under the age of 18) or you are not entitled to perform legal actions without guardian’s approval, you are required to inform your parents and/or legal guardians (“The Parents”) of the provisions in these Terms and to obtain their approval to execute any action of any type within the framework of the Website. The parents are responsible to inform the minors interested in surfing the Website of these Terms of Use and to monitor the minors' actions so that the minors act pursuant to these Terms of Use. Any action that is performed by the minors through the Website constitutes the minors and/or the parents' consent to the provisions in these Terms of Use.

The User is a holder of a valid Israeli or international credit card or a valid PayPal account.

The User has an active electronic mail address over the internet.

General Terms

It is clarified that Set Free is entitled, pursuant to its discretion, to terminate the Website’s activity at any time and without any advance notice.

Set Free reserves the right to prevent access to the Website and/or to prevent the option of making a purchase through the Website and/or to cancel the User’s participation whose conduct is inappropriate or that is not in accordance with the Terms of Use or that tries to prejudice the proper management of the Website.

These Terms of Use can be changed and/or revised at any time by Set Free and/or anyone on its behalf pursuant to their exclusive discretion.

The provisions in these Terms of Use refer equally to the two genders and use of masculine form is solely for convenience purposes.

The headings of the chapters are for the User’s convenience and orientation purposes and will not serve as an aid to interpreting the Terms of Use.

Services

The Website offers a variety of content and/or services and/or actions including but not limited to the services detailed below:

Surfing and perusing the various contents

Purchasing products.

Registering to mailing lists (receipt of content, marketing and advertising information via various forms of media of the User’s choice).

It is clarified that Set Free does not undertake that all these contents and services will be given and/or will be given regularly and continuously through the Website and Set Free will be entitled to change (including but not limited to broadening or limiting) the list of content and/or services rendered through the Website, pursuant to its exclusive discretion and without having to give any notice in advance.

The User confirms that he took these Terms of Use into account upon deciding to use and/or register to this Website.

Purchasing

The website allows, inter alia choosing and purchasing items from the items appearing on the website in an easy, convenient and quick manner. In order to place an order one must first choose the item, the requested color and the size. For each item offered on the Website a “product page” will be displayed upon which the details pertaining to the item offered will appear and the sale price (“The Product Page”).

It is possible to make your purchases as an occasional costumer or a registered costumer ("User" or "Costumer").

If you choose to be a registered costumer, you will need to fill the site registration form which includes the following information about you: name, surname, e-mail, choosing a password, telephone and addresses.

When making a purchase, you will be asked for the information above as well as your credit card information for the purpose of making the purchase. It is also possible to make your purchase by using PayPal.

It is clarified that the details and information that are being asked to provide are necessary information directly for the purchase of products listed on the site and also for their delivery. This information is required for this purpose.

Providing the details and information that you are asked for solely depends on your will and consent, but it clarified that without providing the information, it is not possible to make purchases as a registered costumer and also as an occasional costumer (as an occasional costumer – in regard of the crucial information for making a purchase and delivery).

Your attention is drawn to the fact that Set Free is entitled to revise the Product Page from time to time and to add or remove items, to remove products that are no longer in stock, to add colors and/or sizes and to update and/or change the item price from time to time. It is clarified that the pictures on the website are solely for illustration purposes, pictures may differ from the actual products themselves, including but not limited to the colors appearing in the pictures and the details of the items. These differences derive, inter alia from the fact that the products are photographed and displayed on a computer screen.

The prices listed on the website include VAT prescribed by law unless expressly stated to the contrary.

In order for the order to be handled quickly and hassle free, one must ensure to remit correct details otherwise Set Free will not be able to guarantee that the order be processed (“Placing the Order”). Your attention is drawn to the fact that knowingly remitting false details may be considered as a criminal offense. Civil and criminal legal measures may be taken against those submitting false details, including but not limited to a claim in torts for damages Set Free sustains due to obstructions relating to the operation of the Website. Likewise, the information that is remitted by the User through the website  will serve, inter alia to send electronic mail concerning special offers or updates to the Website, only after receiving the User’s permission to do so.

Upon placing the order Set Free will run a check pertaining to the credit card or PayPal account details and upon receiving the order confirmation from the credit card companies or PayPal, will deliver appropriate notification to the User that the order was approved.

It is clarified that the person executing the action will be charged the cost of the product or the service that was purchased by him through the credit card immediately upon concluding the order.

The product/s and/or the service/s to be purchased through the website (i.e. whereupon an order was placed by the User and it was approved) will be referred to below as: “The Items”.

Conditions To Complete The Purchase Transaction:

The purchase transaction will only be concluded after completing the order process and after Set Free receives approval from the credit card companies or PayPal that the charge has been approved in accordance with the work procedures in effect between them and Set Free. In the event a transaction is not approved by the credit card companies or by PayPal- the customer will receive appropriate notification.

Completing the purchase transaction is also contingent upon the fact that the requested items are in stock at the time the order process is completed. In the event an item is no longer in stock and/or there is a problem will supplying the item, due to whatever reason, Set Free will be entitled to notify the User that the order was cancelled. Such notification will be delivered to the User via electronic mail and/or over the telephone, as Set Free chooses. In such a case, the User will have no allegation whatsoever against Set Free and by the mere fact that an order is placed the User waives any such allegation.

Set Free reserves the right to limit the number of items in each order.

The order will be recorded in the Set Free computers. In case the purchase was done by a registered costumer, that it can be reviewed and track the handling progress using the “My Account” link on the website. Likewise, confirmation will be sent via electronic mail pertaining to concluding the transaction within 48 hours of the purchase transaction being concluded by the User on the website.

It is clarified and stressed that an electronic mail notification being sent in respect of the order being recorded in the Set Free computerized system does not constitute evidence of the fact that the transaction was completed and the fact that an email notification was sent is not binding upon Set Free. It is clarified that the Set Free computer system records containing a computerized and automatic record of all actions through the website constitute prima facie evidence of the content thereof.

Product Delivery

The User may choose to have ordered items delivered directly to his home and/or to another destination of his choice.

Delivery to User’s Home:

Set Free will deliver the items to the User through the Israeli Postal Company or an independent courier service company (“The Courier Service Company”).

Delivery of the items by the courier service company will be within a number of days following the date the order was placed through the website (up to 21 business days).

Set Free is not responsible for any act and/or omission committed by the courier service company, including but not limited to a delay in making the delivery.

Items will not be delivered on Fridays/Saturdays/Eves of Holidays and holidays.

Set Free is not obligated to deliver the items to areas having restricted access due to security reasons and also to countries with no relations with Israel and/or where it is not possible to receive postal items from Israel.

Delivering items to the User’s home involves payment of a delivery charge as detailed on the website (“Delivery Charge”). The delivery charge will be added to the price of the items stated on the website. The delivery charge will be collected due to delivery to one destination, whether one or more items were ordered.

Cancellation of a Purchase Transaction

The User may cancel the transaction that he concluded through the Website  in accordance with the provisions in the Israeli Consumer Protection Law, 5741 - 1981 (“The Consumer Protection Law”) or alternatively, to exchange the product with an equivalent alternative product or pecuniary credit, all as detailed below:

Cancelling a transaction within one hour of completing the order of the items through the Website and before the item is shipped – maybe effected by giving a cancellation notice by sending an e-mail to [email protected] (the "E-mail Address") with the headline "Cancellation of a Purchase Transaction". Under the circumstances stated above the User will be entitled to receive full reimbursement of the amount paid (including but not limited to the shipping charges, insofar as charged).

Cancelling the transaction after the User receives the item, other than due to a defective product and/or unsuitability - the User may cancel the purchase transaction within 14 days of receiving the item provided that the product is intact and no use was made thereof. The transaction will be cancelled by sending the item to 5/28 Jreusalem29a St., Rishon Le zion ("Set Free's Address"), provided that the item is intact and no use was made thereof.

It is clarified that in the event the transaction is cancelled other than due to a defect and/or unsuitability, the User will not be refunded for the shipping costs.

Canceling the transaction as a result of a defect and/or unsuitability between the product and the items as they appear on the website - the User must check the item immediately upon receiving it.

In the event the item received by the User is defective or whereupon the item specification actually differs from that displayed on the website, then the User may cancel the transaction within 14 days of receiving the item bט y sending the item to 29a Jerusalem St., Rishon le Zion

Any question relating to inquiries, exchanges, returns etc. must be referred to Set Free's customer service department via email at [email protected] or via telephone: +972-50-5584304.

In any case, returning a product, exchanging a product with another or receipt of a pecuniary credit will be executed subject to the following conditions:

Upon sending the product to Set Free together with an invoice, provided that no use was made of the item and none of the item labels were removed.

Jewelry, perfumery, spa and cosmetic products - provided that the packaging is sealed.

In the event of cancellation of a transaction, for which a refund is due, such refund shall be credited to the original form of payment (Credit card or PayPal).

Exchanging the item with another product or returning it and receipt of a credit note will be concluded by sending the item to Set Free's Address in accordance with the general exchange policy in effect at Set Free, as revised from time to time, within 14 days of the User receiving the product and provided that no use was made of the product.

Canceling a Purchase Transaction by Set Free

Set Free reserves it right to terminate at any time, pursuant to its exclusive discretion, activity on the website and/or to cancel any purchase transaction executed by a User, including but not only, in each one of the cases detailed below:

If after the purchase transaction was completed it becomes apparent that the item is no longer in stock.

The credit card details/ Payment by using PayPal and the User’s full details were not inputted into the system.

Any time an action was executed contrary to these Terms.

The User committed an illegal act and/or violated the provisions in the law;

The User, upon concluding a purchase transaction and/or thereafter, remitted wrong details;

The User committed an act or omission that hurt Set Free and/or anyone on its behalf and/or the website’s regular activity and/or other third party.

If in the company’s opinion, the User intends on reselling the items purchased by it through the website to a third party.  In this context the User confirms and undertakes that it will not sell items purchased through the website to a third party.

In any case that due to a “force majeure” Set Free is unable to properly operate the website, to supply the products to the User and/or meet any other of its obligations. In this section “Force Majeure” means: including but not limited to computer malfunctions, malfunctions with the telephony system or malfunctions with other communication systems, sabotage and any security incident.

Under such circumstances Set Free is entitled to cancel the transaction or offer the User an equivalent alternative item, pursuant to its discretion and in accordance with the circumstances of the cancellation.

Whereupon such a sale is cancelled Set Free will not be responsible and will not bear, in any event, any direct, indirect, consequential or special damage the User or third party sustains including but not limited to damage in respect of purchasing the product and/or the service from a third party at a higher price.

 
Customer Service

For details and inquiries in respect of products and/or the delivery thereof you may contact Set Free’s customer service department via emails [email protected] or via telephone: +972-50-5584304.

Intellectual Property

All of the intellectual property rights to all content on the Website, including but not limited to trade marks, patents, copyrights, designs, methods and trade secrets are Set Free and the Brands Owners property only. These rights apply, inter alia, to the graphic design of the Website, the databases therein (including but not limited to the product lists, the product descriptions etc.), the Website’s computer code and any other detail associated with the operation thereof.

No commercial use will be made of the data published on the Website, the database on the Website, the lists and pictures of products appearing on the Website or other details that are published by and/or on behalf of Set Free without obtaining Set Free’s consent to do so in advance and in writing.

No use will be made of any data published on the Website for the purpose of displaying them on another website or other service contrary to the provisions in the agreement and/or without obtaining Set Free’s consent to do so in advance and in writing and subject to the conditions of such consent (if and insofar as given). Inter alia it is prohibited to collect data from the Website through software and/or to distribute such data in public in a commercial manner or in a commercial framework.

No information will be copied, duplicated, distributed, sold, marketed and translated from the Website  (including but not limited to trade marks, pictures, texts and computer code without obtaining Set Free’s explicit permission to do so in advance and in writing.

The Website will not be displayed within a blatant or concealed Frame and no links will be made to the pages in the Website (“Deep Link”) but rather only to the home page.

The website will not be displayed in various graphic designs or interfaces designed by Set Free unless Set Free’s consent was given in advance and in writing to do so.

The name Set Free Import & Marketing Ltd., the brands appearing on the Website, Set Free and the brands published on the Website's trade marks (whether registered or not) and such like - all are Set Free and the Brands Owners property only. No use will be made thereof unless its consent to do so was given in advance and in writing.

Icons, any information and/or displays appearing on the Website, including but not limited to graphics, design, verbal displays, trademarks, logos and the editing and displaying of these are exclusively owned by Set Free and/or anyone on its behalf and/or the Brands Owners. The content appearing on the Website will not be copied, duplicated, distributed, publicized or used by any other means unless Set Free and/or the Brands Owners gave their consent to do so in advance and in writing.

Governing Law and Jurisdiction

 The law to govern these Terms and/or any action and/or any dispute deriving from them is solely the Israeli law.

In any case of a dispute, exclusive jurisdiction to entertain any dispute deriving, directly or indirectly, from the provisions in these Terms and/or use and/or purchase from the Website  - will be given to the courts (Magistrate and District) in Tel-Aviv- Jaffa and not to any other court or judicial instance.

Enjoy your shopping!