Terms of Use
Welcome to "Fix Flowers" (hereinafter: "the Website") at the internet address fixflowersboutique.co.il. The website is operated by "Ron Sananes" (Sole Proprietorship: 323108605) (hereinafter: "Website Management" or "the Company").
The Website serves as a catalog and e-commerce site that offers (among other things) various products for sale (hereinafter: "the Products").
- 1. General
- The provisions of these terms and conditions apply equally to both genders, and the use of the masculine form is for convenience only.
- The provisions of these terms and conditions and the terms of use appearing on the website define the legal relationship between the customer and the website, the terms of use of the website and/or
the ordering of products from the website, and indicate the customer's agreement to these terms and conditions and other terms appearing on the website. - The Company reserves the right, at any time, at its sole discretion, to update these terms and conditions.
- These terms apply to the use of the website and the services included therein via any computer or other communication device (such as a mobile phone, various tablets, etc.), as well as
they apply to the use of the website, whether via the internet or via any other network or communication means. - Nothing in these terms and conditions shall derogate from the provisions of the Consumer Protection Law, 5741-1981 (hereinafter: "the Consumer Protection Law") and the regulations enacted thereunder, insofar as they apply to the website
(hereinafter: "the Provisions"), except in cases where it is possible to stipulate otherwise than the said provisions and such stipulation was made within the framework of the website, whether expressly or implicitly. - The Company and the Website Management do their best to present the most complete and comprehensive information regarding the product, including images. Notwithstanding the foregoing, it is clarified that
inaccuracies and/or errors and/or omissions may appear on the website in good faith and without malicious intent and/or with intent to mislead, and the Company, the Website Management, and the website shall not bear any responsibility arising from such inaccuracies and/or errors. - The headings of the sections are for the convenience and orientation of the customer and shall not be used in the interpretation of the regulations.
- A clerical/typographical error in the description of a product(s) shall not obligate the Company. E.&O.E.
- Product images on the website are for illustrative purposes only. In addition, there may be differences in appearance, shade, size, etc., between the product as displayed on the website and the product in reality.
- It is forbidden to copy and use, or allow others to use, in any other way, content from the website, including on other websites, in electronic publications, print publications, etc., for any other purpose.
- The date recorded, for all matters, in the Company's computers shall be the conclusive date.
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2. Website Registration
- Committing an illegal act and/or violating legal provisions;
- Violation of any of the terms of these regulations;
- Intentionally providing incorrect details;
- Performing an action that may harm the proper operation of the website and/or any of the suppliers and/or any third party;
- The customer's credit card has been blocked or restricted from use in any way.
- To order products, the customer must register on the website via an online registration form.
- Any person, including a company, may use the website, including making purchases through the website, among other things, subject to being legally competent to perform binding legal actions, possessing a valid credit card issued by one of the credit card companies (hereinafter: "the Customer").
- Registration is a one-time process; after which, the Customer will not be required to re-register each time a purchase is made.
- During registration on the website, the Customer must enter a username and password, as well as their email address. If the Customer forgets the password, the existing password, as entered during the initial registration on the website, will be sent to the email address provided on the website.
- In the future, if and when the Customer wishes to purchase additional products, the Customer will be identified by the Customer's name and the chosen password.
- The Customer's details will be updated according to the information filled out by the Customer in the online registration form available on the website.
- The Website Management may, from time to time, request additional identification details.
- Without derogating from the above, the Company may prevent any person from using the website, temporarily or permanently, at its sole discretion and without prior notice, including in any of the following cases:
- 3. Purchasing Products on the Website
- The purchase of products will be made by adding products to the shopping cart. After adding products to the shopping cart, the customer will enter the following customer details into the designated online form during the
order process: first name, last name, phone number, email address. In addition, the details of the order recipient must be provided: first name,
last name, phone number, locality, street, house number, floor, apartment, entrance, and any other identifying detail that can help the delivery person easily locate the property to which the
order is being delivered, including comments and information regarding the shipping operation and/or if the order recipient is not at home. Fields marked with an asterisk are mandatory and without them, the order cannot be completed. - To prevent any possibility of delivery failure, the customer must provide only accurate and correct details.
- When completing the order, the customer will confirm the order details and the accuracy of the details provided.
- Filling in all details is a prerequisite for placing the order, in order to execute the order efficiently and without complications, and therefore care must be taken to provide all details accurately.
- The customer's details will be updated according to what is stated in the online order form on the website.
- Filling in all the details required for purchasing the product by the customer will be considered placing an order (hereinafter: "the Order"). Upon receipt of the order, the website will check the credit card details and only after approval by the credit card company and/or after receiving approval from another clearing company for a phone purchase as clarified below, the transaction will be approved and a final order confirmation will be issued. The customer will be charged for the product through the credit card and/or through another clearing company for a phone purchase as clarified below, all subject to the availability of the products in the company's and website's inventory.
- The details as entered in the order form by the customer shall constitute conclusive proof of the correctness of the actions.
- 4. Payment Method for the Order
- Payment for the products will be made by credit card or by telephone purchase via credit card and any similar service, as may be available for use on the website, from time to time at the discretion of the website management.
- If the customer chooses to use a credit card for payment, the customer will be asked to provide credit card details, ID number, card type, expiration date, and security digits on the back of the card. If the customer decides to pay by telephone purchase, the company will only be able to collect payment for the products after receiving payment confirmation. The use and receipt of approval are subject to the terms of use of the Fix Flowers website.
- The website management reserves the right to discontinue the use of any payment method on the website, to allow the use of additional payment methods, and to apply different payment arrangements for different types of credit cards or payment methods that the website management honors.
- After the payment details have been entered in the online order form, the customer will receive an email confirmation of the order details. It is clarified that this confirmation does not obligate the website management to supply the ordered products and only indicates that the order details have been received by the website management.
- Immediately after placing the order, the website management will check the payment method used by the customer. A suitable notification will be given to the customer that the order has been approved, and their account will be charged for the cost of the service.
- In the event that the transaction is not approved by the credit card company or any other payment method available at that time, the customer will receive an appropriate notification, and the website management will contact the customer to complete or cancel the transaction.
- Confirmation of the purchase operation is conditional on the purchased product being in stock at the requested delivery date and/or at the time of order. If it was not stated that the product is out of stock and the product was not removed from the website by the time the order was placed, the website management will not be obligated, provided that the website management returns to the customer any amount paid, if paid to the website management, and/or cancels the charge if made for the purchase operation.
- It is clarified that there may be situations where, despite the item being displayed on the website as being in stock, it is actually out of stock and cannot be supplied. In such cases, the transaction will be canceled, and the customer will have no claim in this regard, subject to the refund of the amount paid by the customer.
- The shipping date will be determined from the day the transaction is approved by the credit card company or by phone purchase approval or other approved available electronic wallet service.
- If the customer was mistakenly charged by the credit card company, the customer must notify the website management to process a credit accordingly.
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5. Product Delivery and Shipping
- Force majeure and without derogating from the generality of the foregoing: war, pandemic, military operation, emergency operation and/or natural disasters and/or events beyond the control of the website such as general strikes and lockouts and/or at suppliers of services or goods required for the production, supply or transportation of a product.
- Any reason beyond the control of the Website and/or the Company.
- For a reason related to the delivery agent.
- The product will be supplied by the website only after receiving payment confirmation from the credit card company and/or another payment service, meaning the product has been paid for, as detailed above. The product will be supplied to the address the customer entered and/or provided during the order placement in the online form.
- The website undertakes to deliver the goods within the delivery time frame to the requested destination and will do its best to ensure that the product arrives quickly.
- The Website Management will do its utmost to deliver the products quickly and within 14 business days from the date of receipt and approval of the order if sent by registered mail, and within 3 business days if sent by courier.
Product delivery times include only the calculation of business days (Sunday to Thursday, not including Fridays, Saturdays, holiday eves, and holidays). - Deliveries provided by the shipping company on behalf of the Website Management are subject to the shipping company's terms, the shipping company's distribution areas, and prior coordination with the order recipient.
- If the shipping company is unable to deliver to the shipping address for any reason. The Website Management will notify the customer and work to find an alternative solution that satisfies both parties.
- In cases where products are delivered via Israel Post, to the shipping address provided by the customer when placing the order. Products will be sent subject to Israel Post's delivery times and are not controllable by the Website Management and/or suppliers.
- The delivery dates specified on the website and above do not apply to products that are out of stock on the website and/or from the relevant supplier's inventory.
- Deliveries are carried out by a courier company, through which the transportation of the products will be performed. The terms of the courier company will be binding on the customer.
- Shipping fees - In addition to the price of the ordered products, the customer will be charged shipping fees. The amount of the shipping fees will appear at the end of the order process according to the shipping method chosen by the customer, unless otherwise specified.
- Shipping fees will be paid with the payment for the product. For installment sales via credit card and/or other payment service. The website may collect the shipping fees with the first payment charge.
- The website will not be responsible for any delay and/or postponement in delivery and/or non-delivery of the products caused by any of the following reasons:
- The product delivery times specified include only the calculation of business days (Sunday to Thursday, not including Fridays and Saturdays, holiday eves, and holidays).
- The customer must immediately notify the website if the product was not delivered within the delivery period specified on the website. In such a case, the new delivery time will be calculated from the date of arranging a new date.
- It is important to provide accurate and up-to-date information. If products are returned to the company due to incorrect details, the customer will bear the payment for shipping and handling fees.
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6. Cancellation of Purchase by the Customer
- The customer may cancel the transaction in accordance with the provisions of the Consumer Protection Law and the regulations enacted thereunder. Without derogating from the foregoing:
1. Cancellation shall be made solely by written notice to the email address ronsan256@gmail.com - Cancellation of a transaction by the customer will not be possible for the purchase of perishable products and/or products manufactured specifically for the consumer in accordance with Section 14C of the Consumer Protection Law.
- Cancellation of the transaction by the customer is subject to the product being returned in its original packaging.
- Upon receipt of the cancellation notice, the amount paid by the customer for the product will be refunded, less a cancellation fee (shipping fees are not part of the product price and will therefore be deducted separately from the refund) of 5% of the transaction amount or NIS 100, whichever is lower. In case of cancellation due to a defect or non-conformity, the customer will not be charged any cancellation fees. Additional provisions of the Consumer Protection Law regarding cancellation of purchase by the customer, including regarding the obligation to return the product, shall also apply.
- The customer may cancel the transaction in accordance with the provisions of the Consumer Protection Law and the regulations enacted thereunder. Without derogating from the foregoing:
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7. Cancellation of Purchase by the Company
- The Company shall be entitled, at its sole discretion, for any reason, and at any time, to cancel or terminate a transaction and/or sale and/or cancel an order, in whole or in part, and/or the website's activity, in whole or in part.
- Notice of such cancellation or termination will be given to the user or customer, and the Company will refrain from charging the customer's credit card or will refund any amount paid for the products, if paid.
- Except for the refund of the transaction amount as stated, the user or customer shall have no claim, demand and/or claim against the Company and/or the supplier due to the cancellation of the transaction as stated in this section.
- If it is discovered that a product is out of stock, the website may cancel the order or offer an equivalent alternative item. If an order is canceled as stated, the website will not be responsible and will not bear any direct, indirect, consequential, or special damage caused to the customer or a third party, including but not limited to damage due to the purchase of the item from a third party at a higher price.
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8. Copyright
- All intellectual property rights, including patents, copyrights, designs, models, and trade secrets, are the sole property of the Company or other third parties who have granted permission to the Website Management to use them.
- These rights apply, among other things, to the data on the website, including the product list, product description and design, and any other detail related to its operation.
- These rights also apply to the website name and domain name floraflowers.co.il of the website. The trademarks (whether registered or not) are all the property of the Company. They may not be used without obtaining its prior written consent.
- It is forbidden to copy, reproduce, distribute, sell, market, rent, or translate any information from the website, including trademarks, images, and texts, product design, product images, etc., without obtaining prior written approval from the Company.
- Do not link to content from the website that is not the website's homepage (deep link), and do not display or publish such content in any way, unless the deep link is to the website's web page in its entirety and as is, so that it can be viewed and used in a manner identical to its use and viewing on the website, and this with the consent of the website management.
- The Website Management may order the cancellation of a deep link even after granting its consent, at its sole discretion, and in such a case, you will have no claim, demand, or lawsuit against the Website Management.
- 9. Responsibility
- The Company (and/or anyone on its behalf) bears no direct and/or indirect responsibility whatsoever for damages arising from and/or related in any way to the repair, assembly, and/or replacement of the products.
- The Company (and/or anyone on its behalf) bears no direct or indirect responsibility whatsoever for damages resulting from the use of and/or reliance on information published on external websites, which can be accessed through any of the services on the website. It is clarified that the Company does and will do its best to cooperate only with reliable and reputable suppliers.
- The Company (and/or anyone on its behalf) bears no direct and/or indirect responsibility whatsoever for damages arising from and/or related in any way to the use and/or performance of the website.
- In any case, the Company will not be liable for any action of any other party not under its full control.
- 10. Confidentiality and Privacy
- All personal details of the customer (name, email, etc.) will be stored in the Company's databases.
- The Company will not transfer the customer's personal details to any other party except to suppliers, if necessary, and only for the purpose of completing a transaction.
- The Company will not make any use of the customer's payment method details except for making payment for a transaction that the customer requested to make, and these details will not be transferred to any other party except for this purpose. For the avoidance of doubt, payment method details are not stored in the Company's databases.
- Notwithstanding the foregoing, the Company shall be entitled to transfer a user's personal details to a third party in cases where the customer has committed an act or omission that harms and/or is likely to harm the Company and/or any third parties, the customer has used the Company's services to commit an illegal act, if the Company receives a judicial order instructing it to provide the customer's details to a third party, and also in any dispute or legal proceedings.
- The Company may use the customer's personal details, without identifying the specific customer, for the purpose of analyzing statistical information and presenting and/or providing it to other parties.
- Since operations are carried out in an online environment, the Company cannot guarantee absolute immunity from penetration into its computers or exposure of stored information by illegal operators. If a third party succeeds in penetrating the information stored by the Company and/or misusing it, the user shall have no claim, demand, or suit against the Company.
- The Company shall be entitled to use "cookies" in order to provide the user with a fast and efficient service and to save the customer the need to enter their personal details each time they access the website.
- In the event of circumstances beyond the Company's control and/or arising from force majeure, the Company shall not be liable for any damage of any kind, indirect or direct, that may be caused to the customer and/or to anyone on behalf of the customer if this information is lost or if it is used without authorization.
- 11. Law and Jurisdiction
- The law applicable to these terms and conditions and/or to any action and/or dispute arising therefrom is Israeli law only.
- In any case of dispute, the Tel Aviv-Jaffa courts (Magistrate's or District) shall have exclusive jurisdiction to hear it.
- The law applicable to the use of the website, the order, and these regulations, including their interpretation and enforcement, is Israeli law only.