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Terms of Use

Terms of Use for website Fil Rouge

 

1. General

 

This website (“Website”) is a website that allows its visitors to purchase the Products displayed on it, for which it has been specifically stated that they are offered for sale to Website visitors (the “Products“) and is operated and owned by shani lamay (the “Website Owner” or “We” or ”Us”).

You must read these Terms of Use (“Terms Of Use“) before using the Website. These Terms of Use regulate the access and use of the Website.

By visiting the Website and/or by using the Website or by doing any act with respect thereto, You agree to these Terms of Use; If You do not agree, do not use the Website. Please note that these Terms of Use are a legal agreement between You (“You” or “Your“) and the Website Owner. You confirm that You have read and agreed to all of these Terms of Use, which constitute the agreement between You, as a Website visitor or user and the Website Owner and supersede any previous written or oral agreement between the visitor and the Terms of Use regarding the Website and any use thereof.

If You do not agree with a term of the Terms of Use, whether in whole or in part, You must refrain from making any use of this Website.

You declare that by acceptance of these Terms of Use and or by visiting the Website, You are of legal age to form a binding contract with Us and to access the Website. You cannot access the Website nor use it nor accept these Terms of Use if You are not of an applicable legal age under the laws of the country in which You resident or from which You use or visit the Website.

The Website Owner reserves the right, at its sole discretion, to change, modify, add or remove any part of these Terms of Use, at any time. It is Your responsibility to revisit and review these Terms of Use from time to time and periodically to look for changes, modifications and additions. You can review the most current version of these Terms of Use at any time at the Website. Your access to the Website and/or use of the Website following the inclusion of any such change, modification, addition or removal constitutes Your acceptance of the revised Terms of Use.

For inquiries, You can contact the Website Owner by phone:

+972 50 389 9899

These Terms of Use are worded in the masculine language, but they refer to both genders and should be seen as inclusive, also addressing the other gender accordingly.

2. Who may purchase a Product

 

On this Website, an adult, 18 years of age or older, who is a resident of the State of Israel and/or a legal entity incorporated and/or legally registered in Israel, who has a valid Israeli credit card that is active, is not limited for use and not blocked for any reason – is allowed to use this Website.

You know that a prerequisite for the purchase of the Products by the person authorized to do so is to obtain approval from the credit company and provide details required for the supply of the Products, such as the buyer’s identification details, an e-mail address, address for the supply of the Products and any other details required for the supply of the Products.

You are aware and confirm that insofar as the approval of the credit company was not received on time for any reason, including due to the failure to provide information or details, the attempted purchase will have no validity.

The Website Owner may condition the delivery of any Product to the buyer upon the credit card holder’s signature on the credit card slip at the time of delivery of the Product(s), after identification by means of a valid ID.

Without derogating from the above, the Website Owner and/or a person authorized on his/ behalf to manage the Website and/or operate it, may prevent You from purchasing and/or submitting offers for the purchase of the Products in any of the following events –

  • You have provided incorrect details and/or pretended to be other person and/or entity;
  • You acted directly and/or indirectly by act and/or omission, contrary to the provisions of these Website and/or while doing an action that was defined in these Website as prohibited and/or that is contrary to any applicable law;
  • As part of Your previous purchases including purchases made by someone on Your behalf, You did not comply with payments obligations that You undertook to bear.

3. The Products offered for purchase on the Website

 

The Website Owner offers Products for purchase on the Website at the sole discretion of the Website Owner, and the Website Owner may at any time add additional Products and/or remove existing Products from the Website without giving the Website’s users and/or visitors any notice to that effect.

The Products displayed on the Website are offered to the Website’s visitors for purchase at the price listed next to the Product. To the extent that it is possible to divide the payment for the Product into installments, this information will be detailed next to the Product and/or during the payment process for the Product.

The prices appearing on the Website are the list prices of the Products, which are not necessarily the lowest prices at which the offered Products can be purchased. You are solely responsible for checking the market prices of Products You are interested in, before making any purchase.

The images of the Products displayed on the Website are for illustration purposes only and will not bind the Website Owner and/or anyone on its behalf. You are aware that since the images are displayed on the computer monitor and/or printed by You, there may be differences and changes between the appearance of the Product in the image on the web pages of the Website and their appearance in reality. Also, You know that You should not rely on advice, of any kind or type whatsoever, given on and/or through the Website. In any case of a contradiction between a verbal description of the Product and its image – the verbal description will prevail.

The Website Owner offers Products for purchase on the Website in the quantities, price and conditions as he deems appropriate at his sole discretion. The Website Owner reserves the exclusive right to limit and/or determine and/or change the quantity of the Products to be offered for purchase, the method of purchase and the purchase price. The Website Owner may offer the Products for purchase through the submission of an offer and/or group purchase and/or direct sale to a single buyer; all – in accordance with the sole discretion of the Website Owner

The Website Owner may offer Products or part of them for purchase as part of promotions and in accordance with the instructions and for the period determined by the Website Owner in accordance with his sole discretion. It is clarified that the provisions of these Terms of Use will apply respectively to Products offered for sale as part of promotions.

A prerequisite for making a purchase is that all the requested details of the buyer have been entered, including proper and valid credit card order details and that the purchased Product is in the inventory of the c. As long as there is a lack of stock, the Terms of Use will return the amount paid by him to the buyer or cancel the charge on his credit card. You should note that without entering all the required details, including credit card details, the purchase may be canceled automatically.

In any such case, the buyer will not have any claim and/or demand and/or right against the Website Owner.

For the purposes of this section, the term “Website Owner” also includes any of its affiliated corporations, members of the board of directors, officers, consultants, representatives, employees, agents and/or subsidiary corporations, and anyone acting on its behalf.

 

4. Payment

 

You are aware that the charge for the Product You purchased will be made through the credit card, immediately upon purchasing the Product.

When purchasing a Product in instalments, in accordance with the payment terms detailed on the Website for each and every Product, the buyer will be charged using the credit card by way of debiting his account once a month in fixed payments that already include the charge of interest (effective interest rate) on these fixed payments, which the buyer has committed to pay for the Product. Linkage differences and/or interest will also be charged on the regular billing dates of the buyer’s credit card, in accordance with the purchase conditions published on the Website for each Product.

You are aware that there are no double discounts and that all prices displayed on the Website include VAT, unless stated otherwise.

 

5. Delivery of the Products

 

Subject to the Website Owner’s approval of the transaction and on the condition that all payments, for the Product and its transportation, have been paid to the Website Owner, the Website Owner will deliver the Product, within 40 business days from the date of approval by the credit company.

You are aware that the cost of transportation or delivery may vary depending on the geographical distance, from the warehouses of the Website Owner and/or someone on his behalf located in israel to the address requested for delivery, subject to the distribution areas approved by the Website Owner. Alternatively, You can pick up the Product from the Website Owner’s warehouses with prior coordination, subject to presentation of the purchase confirmation and the credit card holder’s ID.

Notwithstanding the foregoing, You are aware that the Website Owner reserves the right to inform You that, for security reasons, distance and other reasons, the Website Owner is unable to deliver the Product to the area specified in the purchase offer and in such cases, Your offer to purchase the Product will not be accepted and the Product will not be delivered. Non-delivery of a Product under any of the aforementioned circumstances will not be considered a breach of any obligation and/or of the provisions of these Terms of Use by the Website Owner or by anyone acting on its behalf.

The Website Owner may announce or notify that due to special circumstances (including, without limitations, such pertaining to the delivery of a heavy Product to high floors, or the delivery of a heavy or large Product to a place to which there are no paved access roads and/or any other difficulty discovered in the delivery of the Product), an additional payment is required from the buyer. If You refuse to pay the additional payment, the Website Owner will be entitled to refuse to carry out the transaction and the Website Owner will be released and exempt from providing the Product.

In the event that factors and/or events of force majeure and/or events that are not under the exclusive and direct control of the Website Owner will delay and/or prevent the sale or delivery of the Products or part thereof, in full or in any way and/or will affect the delivery dates of the Products to the buyer and/or may damage the computer systems and/or the Website’s data system, the delivery date will be postponed to a time when the Product can be delivered and the buyer will not have any claim and/or demand and/or right against the Website Owner.

 

6. Cancelling a Transaction

 

A buyer may only cancel the purchase transaction subject to and in accordance with the terms and conditions of the Consumer Protection Law, 1981 and the Consumer Protection Regulations (Termination of Transaction), 2010.

The results of canceling a transaction will be in accordance with the provisions of the Consumer Protection Law.

Any attempt to cancel a purchase not according to the provisions of the Consumer Protection Law will have no effect.

 

7. The Product

 

The Products offered for purchase are new, unless otherwise indicated on the Website.

 

8. Property and Ownership

 

All intellectual property rights and any other property rights in all information and content displayed on the Website, including information, data, functions and all materials and/or informants that constitute any part of the Website or the Products, including, but not limited to, knowledge, designs, literary works, videos, music, paintings, illustrations, works of art, photos, logos, software, function design, codes and graphics belong to the Website Owner and/or to a third party with whom the Website Owner has an agreement according to which a license of use is granted and are protected by copyright and/or other intellectual property rights, in accordance with the provisions of any applicable law.

 

9. Links on the Website and links to the Website

 

The Website may include links (hyperlink) to and from other sources of information and content found on sites on the Internet, external to the Website. The Website Owner does not control or supervise the information published on external sites. The fact that the links to sites and content found on the Internet does not indicate any consent on the part of the Website Owner, either explicitly or implicitly, to their content and does not constitute a guarantee of their reliability, completeness, up-to-dates, legality and/or compliance with the provisions of any applicable law, the manner in which they will behave in the field of privacy and any other aspect. Visiting such sites is at Your own risk.

The Website Owner may change, add, remove links and refrain from adding new links from time to time at his absolute discretion.

The information and/or contents found on the linked sites are the sole responsibility of the owners of the linked sites. Therefore, the Website Owner is not responsible for any loss, damage or loss, direct or indirect, which is caused as a result of relying on information provided within the linked sites or as a result of using it.

 

10. Third Party Publications

 

The Website may contain advertisements from various advertisers. You understand and agree that the Website Owner does not necessarily endorse the Products and/or services promoted by these advertisements, and has no responsibility for the content, products and/or services offered by such advertisements. Any business or other engagement between You and any third party advertiser or any third party whose products or services are promoted by such advertisements is at Your own risk and expense.

 

11. Restrictions

 

You agree to use the Website only for the purposes authorized by these Terms of Use, in accordance with and subject to any applicable law.

The Website Owner grants You a limited right to visit the Website, which right is revocable and non-transferable, to view the content of the Website and/or purchase the Products advertised for sale on the Website using a stationary computer and/or a mobile and/or cellular device that You own or have under Your sole control, for Your personal use and not for commercial purposes, rental, resale or any form of distribution, subject at any given time to the limitations referred to in these Terms of Use.

It is prohibited: (a) to use this Website or any of its content or materials for any commercial purpose, including but not limited to, publishing materials from this Website by printing them or publishing them in digital media or documents (including re-publishing on another Website, through an application or commercial service), sell, rent, distribute material or grant the license from this Website, use the Website for marketing purposes; (b) copy, reproduce, distribute, publish, give to the public, make available to the public, publicly display or perform, create derivative works, transfer, broadcast, or in any other way exploit any part of this Website or its contents, except to the limited extent required for viewing personal information on this site on a non-commercial basis, using a computer and/or mobile device owned or controlled by You; (c) edit, modify or create any works copied from this Website or its contents (d) access (or attempt to access) content on this Website in any way other than by the means the Website Owner provides, using any device and/or technology, indirect technological means employed in order to gain control over access to, or rights to, this Website or any content on it; (e) Reverse compilation, reverse engineering, disassembly, or any other way to crack the code of use of this Website into a readable form in order to examine the construction of the aforementioned programs and/or copy them or create other Products based (all or in part) on this Website; (f) use any device, software or attempt to interfere or attempt to interfere with the proper operation of this Website; (g) perform any action that imposes an unreasonable burden reasonable or excessive in size on a site; (h) use any robot or other automatic device or manual process to copy any part of the Website by unconventional means; (i) use this Website in any way that causes or may cause damage to the Website or impairment of the availability or accessibility of this Website or in any non-illegal way; (j) to use this Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is related to) any spyware, viruses, “Trojan horses” and rootkits or any other malicious computer software.

It is forbidden to use the Website and its contents for any illegal purpose or for any purpose prohibited by these Terms of Use. Without deviating from what is stated in these Terms of Use, You may not use the Website and its contents in a way that could damage, paralyze, cause overload or damage the Website, communication networks and any communication equipment, or interfere with the use of any other party and their enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, contents or computer systems or networks connected to the Website by any means whatsoever. You may not obtain or attempt to obtain any content or information by means that were not intentionally made available to You by the Website Owner.

Any other use or redistribution of the services or content is strictly prohibited. Do not create compilations, collections or databases that will contain content from the Website or improve the rights to the Website or the content included in it.

 

12. Availability

 

The Website Owner reserves the right to make any changes to the Website at his sole discretion. The Website Owner does not guarantee continuous availability of the Website and/or any Product and/or any content or information contained therein.

 

13. Privacy

 

By agreeing to these Terms of Use, You confirm that You have read the privacy policy of the Website and the content on the Website, that it is acceptable to You and that You agree to everything stated therein. The privacy policy is attached as an appendix to these Terms of Use and is an integral part thereof.

 

14. Disclaimers; No Warranties

 

This Website, its content and any service or Product offered on the Website are delivered on an “as-is” and “as-available” basis. To the full extent permitted by law, We make no warranties, express or implied, with respect to the services, Product or the Website or any other service, including third- party provider’s services provided therethrough; We expressly disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose or function. We disclaim any and all liability for the acts, omissions and conduct of any third-party provider in connection with or related to Your use or non-use of, or inability to use the Website or the services or any Product. You assume total responsibility for Your use of the Website or any service therethrough the service or Product and.

The Website Owner will not have any responsibility regarding the Website and/or its contents, including regarding inaccuracies or omissions on this Website and/or its content. There is no content, information or material appearing on the Website that should be considered complete or accurate, and should not be referred to and/or relied upon, for any purpose or means, as such.

The Website Owner is not responsible or liable for any threatening, defamatory, offensive, obscene or illegal content or behavior of any other party, or for any violation of the rights of another party, including intellectual property rights.

For the purposes of this section, the term “Website Owner” also includes any of its affiliated corporations, members of the board of directors, officers, consultants, representatives, employees, agents and/or subsidiary corporations, and anyone acting on its behalf.

 

15. Limitation of liability

 

To the fullest extent permitted by law, the Website Owner and/or any of its affiliated corporations, members of the board of directors, officers, consultants, representatives, employees, agents and/or subsidiary corporations, and anyone acting on its behalf shall have no liability for any losses or damages whatsoever, arising out of or in connection with Your use of or inability to use the Website or any service or content therein, or any service therethrough, including without limitation direct loss, Indirect and or consequential loss, loos of profits, loss of business, loss of opportunity, (whether or not such loss was foreseeable, arose in the normal course of things or that We or any third – party provider has been advised of the possibility of such potential loss), damage caused to Your computer, computer software, cell phone, systems and programs and the data thereon or any direct or indirect, consequential or incidental damages, nor damages for interruption of business, procurement of substitute goods, loss of profits, or the like regardless of the form of action whether in contract, tort (including negligence), strict product liability or any other legal or equitable theory even if We or any third-party provider, as applicable, has been advised of the possibility of such damages.

Notwithstanding any other provision, Our aggregate, cumulative, total, liability for all claims against Us arising out of, related to, or connected with, the use of, or inability to use, the Website or the services or any content or information therein, is limited to the amount You actually paid to the Website Owner, for the Product you purchased from Us under these Terms of Use and paid for.

For the purpose of this clause hereof, the term “We” or “Us” or “Our” also include any of the Website Owner’s affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.

 

16. Indemnification and compensation

 

You agree to indemnify and hold the Website Owner and/or any of its affiliated corporations, members of the board of directors, officers, consultants, representatives, employees, agents and/or subsidiary corporations, and anyone acting on its behalf, harmless from any loss, damage, liability or expenses (including attorneys’ fees), resulting from: 1) any violation by You of any provision in these Terms of Use or arising out of any claim that You have breached any provision of these Terms of Use; 2) Any claims made against Us by any third party due to or arising out of or in connection with Your use of the Website or any service therein.

 

For the purposes of this section, the term “Website Owner” also includes any of its affiliated corporations, members of the board of directors, officers, consultants, representatives, employees, agents and/or subsidiary corporations, and anyone acting on its behalf.

 

17. Applicable law and jurisdiction

 

These Terms of Use and Your use of the Website or the purchase of Products are governed solely by the laws of the state of Israel. Any dispute or action in connection with these Terms of Use shall or ant purchase of a Product shall be brought exclusively to the competent courts in the city of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction over any such dispute and action, and You irrevocably agree to the exclusive jurisdiction of such courts, to the exclusion of any other jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have against the Website Owner and/or any of its affiliated corporations, members of the board of directors, officers, consultants, representatives, employees, agents and/or subsidiary corporations, and anyone acting on its behalf, or arising out of, related to or connected with the use of or inability to use the Website or any content or information therein must be filed by You within six (6) months after such claim or cause of action arose or be forever barred.

 

18. Miscellaneous

 

If any of these Terms of Use are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms of Use and the remaining terms will continue to apply. Failure by Us to enforce any of the provisions set out in these Terms of Use shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use or any part thereof, or the right thereafter to enforce each and every provision.

 

You can contact the Website Owner by email: filrougegrou@gmail.com

 

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