Terms and Conditions for On-Line Purchase of Products
Please read these Terms and Conditions of Purchase carefully before ordering any products from this Website.
These Terms and Conditions are applicable to any purchases made online at this website (http://www.ronitfurst.com) ("Website”)
PLEASE NOTE THAT BY ORDERING ANY OF OUR PRODUCTS VIA OUR WEBSITE YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
The products provided under the Website, including glasses and sunglasses or accessories and related products ("Products") are supplied to you ("Buyer") by Art Optic Limited details of which appear in Section 15.2 below (“Seller”).
1. Placing and Accepting of an order;
1.1. The display of any items on the Website shall be construed as an advertisement and is an invitation to treat and not an offer to sell the Products. By placing an on-line order Buyer will be making an offer to buy. Acceptance of Buyer's order by Seller will result in a binding purchase agreement between the parties (“Purchase Agreement”).
1.2. Upon receipt of Buyer's completed order form, Seller will send Buyer an email acknowledging that Seller has received Buyer's order and confirming the details thereof including Buyer's order number, which shall not be considered as an acceptance of the order offer. The Purchase Agreement shall become effective and binding on both parties ten (10) days after the date of the above e-mail unless the Seller sends a notice pursuant to section 1.5 below, in which case the Purchase Agreement shall become effective and binding if accepted by both parties during the susbsequent e-mail correspondence. Dispatch of the Products, followed by an e-mail confirming this, shall also constitute valid acceptance of the offer, which shall cause the Purchase Agreement to become binding on both parties. The date upon which the Purchase Agreement becomes effective and binding shall be referred hereinafter as the "Effective Date".
1.3. Payment will be processed upon receipt of Buyer's order. Processing of Payment will not be considered as acceptance of Buyer's order. Should the Purchase Agreement not become effective, Seller shall reimburse Buyer's payment, if already executed.
1.4. Seller may not be bound by its acceptance of Buyer's offer if there is an error in any advertisement or representation made by Seller associated with it, including, but not limited to, any pricing error on the Website. In such event, Seller will inform Buyer as soon as possible after receiving Buyer's order and give Buyer an option to cancel Buyer's order.
1.5. In the event that any of the Products in Buyer's order are not available or if Seller is unable to supply to the desired destination or if there is any other problem with Buyer's order (or part of it) Buyer will be informed by e-mail as soon as possible. In the event the above circumstances arise after the Effective Date, Seller shall be entitled to terminate the Purchase Agreement.
1.6. If any Products ordered are not available, Seller may (i) offer Buyer to await receipt of the originally ordered Products with a delay or (ii) offer Buyer substitute Products of equivalent quality and price. If (i) Seller is unable to offer either of the above solutions or in the case of (ii) Seller did not receive a notification from Buyer that Buyer agree to accept such solutions within 7 days Seller shall reimburse Buyer's payment and Seller shall be entitled to terminate the Purchase Agreement if already became effective.
1.7. As each unit of the Products is hand painted and undergoes an extensive manufacturing process, during which some Products might not pass the Seller's quality control, should the latter case arise, the Seller shall be entitled to take action in accordance with Section 1.6 above.
2. Prices and Payment
2.1. The price of the Products is exclusive of any applicable indirect taxes, Value Added Tax, sale tax, levies, duties, imposts or other charges, which are imposed or charged by any competent authority in respect of the Products. If Seller has paid any charge on Buyer's behalf Buyer shall reimburse Seller upon request.
2.2. Shipping charges will be itemized separately and added to Buyer's total invoice charge.
2.3. Payment will be processed upon receipt of Buyer's order and in any event prior to dispatch.
2.4. The price of any Product will be as quoted except in cases of an error. Prices are subject to amendment by Seller at any time, but changes will not affect orders in respect of which Seller has already sent Buyer a confirmation email.
3. Delivery of Products
3.1. Seller aim to dispatch Products which are in stock within 14 days of the Effective Date and Products-not-in-stock within six weeks of the Effective Date. Seller does not guarantee the availability of Products or dispatch times. Subject to delays due to force majeure, or in case of unavailability of Products the overall delivery period should not exceed additional 21 days.
3.2. Seller shall bear the risk of any loss of or damage to the Products during transport. This risk will pass to Buyer at the moment of the delivery.
4. WARRANTY AND DISCLAIMER
4.1. Buyer undertakes to comply with all the instructions for use to be found on the user instructions supplied with the Products or as otherwise directed by Seller.
4.2. Seller warrants that the Products delivered to Buyer comply with any indication of quality, as stated on the Website and restated in Seller's written notices, subject to Section 8 hereunder. All other warranties, implied or expressed by statute or otherwise, including - without limitation - any implied warranties of merchantability or fitness for any particular purpose, are hereby disclaimed. Seller may not be held responsible if Buyer's eyes do not tolerate any Products except where this is caused by its negligence. Seller is not responsible for any break, scratch or any damage, which might occur after delivery of the Products to the Buyer.
4.3. The Warranty will not apply if a defect has arisen due to any improper use or lack of reasonable care in the handling of the Products or if Buyer or a third party without Seller's written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.
5. Retention of Title
Seller remains the owner of any Products delivered to Buyer until the moment at which the purchase price has been paid in full.
6.1. Any liability of Seller (whether in Purchase Agreement, tort or otherwise), including any liability resulting from the delivery of defective Products or late delivery of Products, will be limited to foreseeable direct damages up to and NOT EXCEEDING the total price of the items concerned.
Liability for damages including but not limited to any losses related to any business of Buyer such as lost profits or Purchase Agreements, loss of income or revenue, loss of goodwill, are excluded to the extent permitted by law.
6.2. Seller will use reasonable endeavors to deliver the Products to Buyer within the timeframes set out above. Any delay in the delivery of Products will not entitle Buyer to cancel the order unless the delay exceeds 60 days from the date of our confirmation of acceptance of the relevant order.
6.3. Without prejudice to the above, Seller will bear no liability in the event that the damage was caused by any intentional act or omission or gross negligence by Buyer or Buyer's improper use of the Products delivered to Buyer.
6.4. The existence of a link in our website to another website does not imply or express endorsement of its provider, product or services by us. Seller have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Buyer's use of them or Buyer's reliance on content contained in them.
6.5. Nothing in these Terms and Conditions of Purchase excludes or limits Buyer's rights under any statutory implied mandatory terms nor excludes or limits our liability for any breach of the statutory implied mandatory terms as to title, satisfactory quality of the Products or their merchantability or fitness for purpose.
7. Force Majeure
Either party will be fully and totally excused, or may postpone performance, as the case may be, without liability to the other party, from performance under the Purchase Agreement, to the extent such performance is prevented or delayed by fire, explosion, unavoidable breakdown of machinery, computer virus, government acts or regulations, war, strikes or labor disputes (whether involving employees of Seller or a third party, including courier or airport strikes), or any act of God, or by any similar circumstances of any character reasonably beyond its control and unforeseen at the time of placing an order for the Goods.
8. Returns Policy
8.1. Buyer may cancel the Purchase Agreement and return any Products ordered on the Seller Website within 14 days following the date of delivery of the Products. Products should be returned undamaged and unused to qualify for a refund. To cancel the Purchase Agreement Buyer shall contact Seller by email to request return instructions. Buyer will have to bear the return delivery costs.
A refund of the full purchase price (excluding delivery costs as itemized separately in our invoice) will be issued to Buyer following receipt by Seller of the returned Products. Such refund will be provided within 30 days of the date the returned Products are received.
8.2. Between the date of receipt of Product and the date the Product is returned by Buyer to Seller Buyer shall bear all risk in keeping the Products safe, secure, and free from loss or damage.
8.3. Buyer shall inspect the Products upon receipt to check for any damage, defects or discrepancies. Seller will issue a full refund of Products if Products are proved within 10 days of delivery to be supplied damaged, or failed to meet the Warranty, provided that Buyer returns the Products immediately to Seller. Seller may replace the Products concerned instead of issuing a refund, subject to availability.
8.4. All returns should be returned with all component supplied with the Products.
8.5. Buyer undertakes to give an adequate address for delivery and be available for coordination of delivery. If Products are undeliverable, Buyer will be contacted for coordination or confirmation of the delivery address. If no reply is received within 3 days Products will be returned to Seller and a refund of purchase price (excluding delivery costs as itemized separately in our invoice) less return delivery costs will be issued to Buyer
8.6. All refunds will be provided within 21 days of the date the returned Products are received by Seller. Subject to availability, replacements will be dispatched within the schedule specified in Section 3.1, which shall be counted as of the date the returned Products are received by Seller instead of the Effective Date. Refund will be processed in the same payment method and details as supplied to pay for the Products.
9. Intellectual Property Rights
Buyer acknowledge that all intellectual property rights, including, without limitation, copyright and trademarks, in connection with the Website, the Products and any accompanying or advertising materials, belong to Seller, and that the Products are artwork protected, inter-alia, by copyright law. Buyer undertakes not to copy or imitate the Products, including any design or painting thereof, or otherwise use such intellectual property rights.
10. Changes to the Terms and Conditions of Purchase
Seller reserves the right to revise and make changes to these Terms and Conditions of Purchase from time to time. Buyer will be subject to the Terms and Conditions of Purchase in force at the time that Buyer order Products from us.
If any part of any provision of these Terms and Condition of Purchase shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions shall not be affected and remain in full force and effect.
12.1. The failure at any time of Seller to enforce any of the terms or conditions or any right will in no way be construed to be a waiver of such terms, conditions or rights.
12.2. No waiver by Seller of any of these Terms and Conditions of Purchase shall be effective unless it is expressly stated in writing.
13. Entire Agreement
These Terms and Condition of Purchase and the terms set out in Seller's written acceptance or confirmation of the order (which shall be deemed as part of these General Terms) sets forth the entire agreement and understanding between the parties on the subject matter thereof and neither party shall be bound by any other terms, conditions, representations or warranties. Such terms may not be modified or amended except by an agreement in writing executed by both parties.
14. Transfer of Rights and Obligations
14.1. Buyer may not transfer or assign any of its rights or obligations under the Purchase Agreement, without Seller prior written consent.
14.2. Seller may transfer, assign, any of our rights or obligations under the Purchase Agreement.
15. Notices and Communications
15.1. Buyer agrees that communication with Seller will be mainly electronic and that any information communicated electronically shall be considered as information given in a writing.
15.2. All notices given by either party may be sent by either e-mail or postal address as detailed below. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or five days after the date of posting of any letter by registered mail.
Seller's e-mail: [email protected]__________________
Seller's postal address: __61 hazamir street, kiryat-ono, Israel 55507_
(Seller registration no. in Israeli Companies Registrar - 513191148)
Buyer's e-mail and postal address: As provided by Buyer when placing an order
16. Jurisdiction and applicable law
Any sale of Products to Buyer and these Terms and Conditions of Purchase and the Purchase Agreement shall be governed by the laws of the State of Israel, excluding renvoi, and the Israeli courts (in Tel Aviv or Central District) shall have exclusive jurisdiction for any dispute between the parties hereto. This Section shall survive the termination of the Purchase Agreement for any reason whatsoever. Nothing in the above shall prevent Seller from seeking urgent relief in any country in which the enforcement of such urgent relief is necessary.