Terms of Use

 
Terms of Use (hereinafter : the “Agreement”) for the Internet Site of N.S.L.T 2002 (hereinafter: the “Site”)


General

1.This site has been set up by N.S.L.T 2002 Ltd. (hereinafter: the “Company”) and is designated, inter alia, for the sale of various items manufactured and/or distributed by the Company by means of the Site of the Company (hereinafter: the “Item and/or Items”). The Site is the property of the Company and is operated and managed according to its instructions.

2.The Company authorizes you to access the Site and the services provided by means thereof, subject to the terms and conditions set forth herein.

3.The terms of use relate equally to both genders, and the use of the male gender is solely for convenience purposes.

4.The headings of the terms of use are solely for convenience purposes.

5.The terms shall apply at each use and/or purchase of Items performed by you via the Site.

6.You are hereby requested to carefully read the terms of use prior to using the Site. Any use and/or purchase of Items through the Site constitutes your consent to the terms set forth herein (hereinafter: the “Terms/Terms of Use”). In the event you are not interested and/or do not agree that these terms shall apply to you, you are requested not to make any use of the Site.

7.You hereby declare that you are legally authorized and competent pursuant to any law to make use of the Site.

8.As a condition of use of the Site, you hereby undertake towards the Company not to make use of the Site for any illegal purposes and/or for any purpose prohibited by the Terms.


Purchase of Items

9.The Site offers for sale a large variety of Items by the Company. The purchase of Items through the Site (hereinafter: “Purchase of Items”) is designated for personal use only, including for the purchase of gifts. Any Purchase of Items by you having commercial characteristics shall constitute a violation of this Agreement.

10.The Company reserves the right to deny and/or to cancel orders and/or purchases which, in its opinion, have been executed contrary to the Terms. The Company reserves the right to take any available legal actions against anyone who shall breach its rights and/or the provisions of this Agreement.

11.Graphics of the items which appear on the Site (hereinafter: “Graphics of the Items”) are solely for illustration purposes. The Company uses reasonable commercial efforts to ensure that the Photographs of the Items shall represent the characteristics of the Items supplied, however, modifications and/or inaccuracies between the Items actually supplied and the Graphics of the Items may occur, as a result of graphical and/or technical problems and/or the use of computer screens with different resolutions, the use of different programs, etc. It is hereby clarified that the Graphics of the Items do not constitute a binding representation of the Company prior to the Purchase of the Items.

12.The Company is not liable for errors of any kind appearing on the Site, including errors in wording, and/or errors in the description of the Item, and/or errors in the price of the Items, etc. The Company reserves the right to cancel any order originating in an error, as set forth hereinabove, and the ordering party and/or you shall have no complaint and/or demand and/or claim against the aforementioned cancellation.

13.The Items shall be delivered by the Company subject to the execution of the order according the mentioned in Sections 16-20 hereinafter, provided that they are in the Company’s stock at the time of the execution of the Order.

14.In the event an Item is out of stock, the Company shall act in order to contact you, according to the contact details provided by you upon execution of the order of the Item, with an offer to purchase an alternative item with similar characteristics and at a similar price (hereinafter: the “New Offer”). After the New Offer has been provided to you, the Company shall enable you to modify the Order of the item or cancel the Order of the Item, at no cost.

15.The Company reserves the right to cease, at any time and without prior notice, the production of any Item and/or its offer for sale and/or the provision of any service by it, and you are hereby waiving any complaint and/or demand and/or claim regarding thereto. The Company does not undertake that a certain Item shall be available at a certain point of sale, even if such point of sale has been mentioned on the Site.


Execution of Order of Items via the Site (hereinafter: the "Order")

16.In order for the Company to be able to supply the Item/Items you ordered, the order has to be received and registered in the Company’s computer in an orderly manner, including all the requested items for delivery of the Item/Item to the requested address in the order (hereinafter: the “Requested Destination”) for the requested Items to be charged (hereinafter: “Identification Details”). Various causes might cause errors and disruptions in the registration of the order. In the event a notification shall be received during the execution of the Order and/or following the execution of the Order referring to incorrect details of the Order and/or a notice regarding the failure which occurred in the system at the time of the registration of the Order, you should contact customer service at e-mail: info@wooky-world.com.

17.In the event at the time of execution of the Order you are submitting incorrect identification details, we will not be able to ensure that the Item/Items shall arrive at the Requested Destination. In the event the Item/Items shall be returned to us, as a result of incorrect identification details you have submitted, you shall be charged for shipment of the Item/Items to the Requested Destination and their return to the Company, as well as for handling fees of the Order. Please complete in a correct and up to date identification details. The submission of incorrect identification details is strictly prohibited by law, and the Company reserves all legal remedies available to it against whoever submitted incorrect identification details.

18.Clicking on the “Continue” icon at the end of the order process constitutes your consent to the Order, the accuracy of the details provided by you and your consent to purchase the Item/Items as aforementioned (hereinafter: the “ Confirmation of the Order”). After having confirmed your Order, the Order shall be transferred to the Company and/or anyone on its behalf for its execution.

19.Commencing as of the placement of the Order, the Order cannot be modified and/or cancelled by you subject to the mentioned in the Section “Cancellation of the Purchase of Items and Return Thereof” (Sections 39-46 of the Agreement”). A notification of the registration of the Confirmation of the Order by the Company shall be sent by e-mail to the e-mail address submitted by you in the course of the execution of the order, in the framework of the submission of identification details, within 3 business days from the date of Confirmation of the Order. An Order which has not been confirmed by return mail by the Company as aforementioned, shall not be binding upon the Company.

20.Prerequisite conditions for the execution of the Order, and for the supply of the Items which have been purchased are (1) completion of verification of credit card details submitted by you; (2) receipt of confirmation from the credit card company for the execution of the purchase of the Items.

21.In the event the prerequisite conditions have been fulfilled and in the event the Item/s requested by you are in stock, the Company shall consider the order as executable, and shall act so as to supply of the Item/s ordered and purchased by you.


Price Policy

22.The price of the Item/s for which you shall be charged for the Order and purchase of the Item/s is the price set forth on the Site at the time of execution of the Order. Without derogating from the mentioned above, the Company reserves the right to modify, any time, the prices of the Items, even without prior notice.


Payment Means

23.Payment for the purchase of the Items on the Site shall be exclusively executed by means of submission of valid credit card personal details which can be cleared by one of the credit card companies lawfully operating in Israel, as set forth on the Site, at the time of execution of the Order. The Company shall not honor any other means of payment.


Protection of Privacy Policy

24.Your personal details and/or personal information and/or identification details (hereinafter: “Personal Information”) which the Company receives from you upon placement of the Order, are designated for purposes of purchasing the Items and payment of the shipment fees to the Requested Destination without any errors and/or failures which would prevent you from receiving the Items Ordered and purchased by you.

25.The Personal Information, as well as information regarding the purchase of Items on the Site (hereinafter: the “Information”), shall be kept in the database of the Site pursuant to the provision of the Protection of Privacy Law, 5731-1981, and shall be utilized pursuant to the provisions of this Section and/or pursuant to the provisions of the law.

26.The Company uses reasonable commercial efforts in order to protect the Information and to prevent access of the Information by third parties. The collection of Information and confidential preservation thereof takes place in a secured environment – the Company uses combined means of security technology, security procedures and organizational means in order to protect the Information from access and/or use and/or revelation to unauthorized people within the Company and/or third parties by virtue of the Agreement and/or by law. When the Company transmits sensitive Personal Data, such as for instance credit card details (via the internet), the Company protects them by means of SSL encoding technology.

27.Part of the use of the Site and/or the services provided on the Site require registration in the framework of which it will be demanded to submit Personal Details, and without derogating from the generality of the mentioned above, such as your full name and e-mail (hereinafter: the “Registration”). Therefore, you hereby declare that the Personal Data which are submitted to the Company during registration are submitted at your own free will and with your consent.

28.The company shall be entitled to send you from time to time via e-mail, advertisements in accordance with the provisions of the Information Law (Bezeq and Transmissions) (Amendment nr. 40), 5768 – 2008 (the “Spam Law”). The Company is entitled to make use of the information you shall submit on the Site, and of the Information it will collect regarding your patterns of use of the Site – for purposes of improving the services of the Site and/or in any other manner it offers, for purposes of contacting you if necessary pursuant to the provisions of the Spam Law, or for purposes of analyzing and providing statistical information to third parties. The aforementioned third parties and/or their employees and/or anyone on their behalf are prohibited from making use of the personal Information for any other purpose, except as mentioned in this present Section above.

29.The Company uses cookies technology and essentially similar technologies for the current and proper operation of the Site (hereinafter collectively: the “Cookies”), including for the collection of statistical data regarding the use of the Site, verification of data, the adjustment of the Site to your personal preferences and for purposes of data security. As aforementioned, the Company deploys resources and takes various security means in order to prevent penetration into the Company’s computers and/or databases of the Site in order to thwart a potential invasion of privacy of the users of the Site. Nevertheless, the Company is not able to perfectly secure the Company’s computers and/or the databases of the Site from unauthorized intrusions and prohibited use of the Information. Therefore, you hereby declare that you will not have any complaint and/or demand and/or claim against us and/or against anyone on its behalf resulting from any unauthorized intrusion as aforementioned, by virtue of the Agreement and/or by law. We urge you to take all possible precautions for the protection of the Information during your activities on the internet. For instance, change your passwords often, make use of a combination letters and numbers when creating passwords, make sure that you are using a secured browser.

30.You hereby declare that all Information and/or other content which shall be sent by you to the Site does not breach and/or harm third party rights according to any law, and/or harms and/or breaches any law, including invasion of privacy of a third party, by virtue of any law. Without derogating from the generality of the mentioned above you hereby declare that you bear full legal responsibility with regard to the information and/or any other content sent by you and/or via you to the Site, and you hereby exempt the Company of any liability for harm to third party rights and/or breach of third party rights, pursuant to any law.

31.Without derogating from the generality of the mentioned in Section 30 hereinabove, you hereby undertake that all information and/or other content which shall be sent by you and/or via you to the Site shall be executed according to any law and without harming third parties; by sending Information and/or other content to the Site you hereby consent that the Company shall make use of the Information and/or the other content, subject to the mentioned in this Agreement.

32.The Information provided by you is subject to the provisions of the protection of privacy policy as set forth in this Agreement and/or according to the law. The company shall avoid, inasmuch as possible, to consciously transmit information to third parties, except if it shall be obligated to do so pursuant to a judicial order and/or if it shall be threatened with legal action against it (criminal or civil) for acts you performed on the Site. In such event the Company is entitled to supply your details to the party claiming to have been harmed by you and/or in accordance with the instructions of the judicial order, without any prior notice.

33.The Site includes links which refer to other internet sites. The Company makes efforts to refer to internet sites, which, to the best of its knowledge do not invade the privacy of the users of the other internet sites. However, the Company is not responsible for the conditions of use and/or the privacy protection policy of the other internet sites, their content and everything relating to the use thereof. Your use of the links to the other internet sites and/or the use of the other internet sites are at your sole responsibility.

34.You are entitled to examine the information collected and kept by the Company in accordance with these Terms of Use, according to the Protection of Privacy Law, 5741 – 1981. In addition, if the information contained in the databases of the Company is used in order to personally contact you, based on your characterization in the population category determined according to one or more criteria, whose names are included in the database (“Commercial Offer”), you are entitled, according to the Protection of Privacy Law, 5741 – 1981 to demand in writing that the information relating to you shall be deleted from the database. In this event, the Company shall only delete the information necessary in order to contact you with Commercial Offers as aforementioned. The information necessary for the Company for managing its business, including documentation of commercial and other operations you executed on the Site of the Company – shall be kept, pursuant to the law, with the Company, but shall no longer be used in order to contact you.

35.The Company is entitled to modify from time to time the provisions of its privacy policy. If material modifications shall be made regarding provisions relating to the use of information you have provided, such shall be posted on the Site.


Delivery of the Items:

36.Subject to all of the abovementioned in this section and hereinafter, the period of supply of most of the items is about 21 business days from the date of Confirmation of the Order. Regarding items requiring a longer supply period, such shall be mentioned in an appropriate place on the Site (hereinafter: “Dates of Supply”). The calculation of the Dates of Supply shall be made according to business days, i.e. Sunday through Thursday, excluding Friday, Saturday, holiday eves and holidays. Nevertheless, the Company shall make its utmost efforts in order to bring forward the Dates of Supply.

37.The Items shall be supplied by means of messengers, to the Requested Destination, unless provided otherwise. It shall clarified hereinafter that the Date of Supply of the Items other than by messengers is not in the Company’s control, and you hereby declare that you shall have no claim resulting from a delay in the Date of Supply of the Items supplied other than by messengers.

38.In the event the delivery of the Item has not taken place within the dates mentioned hereinabove, you hereby are requested to contact the Company’s customer service department, via e-mail at: info@wooky-world.com.


Cancellation of Purchase of Items and Return Thereof

39.The Company shall accept returns for purpose of cancellation of the Purchase of Items or exchange of Items by another Item/other Items according to the alternatives set forth hereinafter in Section 40 and subject to the fulfillment of all the following (cumulative) conditions : (1) neither you nor anyone else has made any use of the Item; (2) the Item/s have been returned to the Company in their original packaging; (3) the Company examined and found out, at its sole discretion, that there is no defect and/or wear and tear of the Item/s; and (4) the Item/s has/have been returned together with the original invoice. In order to return the products, you have to contact our customer service via e-mail at: : info@wooky-world.com.

40.As set forth in Section 39 hereinabove, Items can be returned in any of the following manners, at your discretion and subject to any applicable law: a.Cancellation of the Purchase of Items in exchange of a refund (hereinafter: “Cancellation of the Transaction”) - the Purchase of an item executed on this Site can be cancelled at any time from the date of execution of the Order until the lapse of 14 days from the Date of Supply or receipt of the confirmation of the Order, the latest thereof. After the aforementioned period, the transaction cannot be cancelled. The cancellation of the transaction shall be made by sending an e-mail to: info@wooky-world.com, together with a telephone message to the Company’s customer service. The conditions for Cancellation of the Transaction as aforementioned, is the return of the Item to the Company’s storage, whether personally by you or by paying the costs of returning the Item to the Company’s storage. Cancellation, as aforementioned, shall credit you for the cost of the item actually paid by you (after deduction of shipment and return fees).

41.Without derogating from the generality of the abovementioned, it shall be clarified that a product on which a personal adaptation has been made, cannot be returned or exchanged, in accordance with the Consumer Protection Law, 5741 – 1981. In the event of Cancellation of the Transaction for a reason other than a defect or non compliance between the Item and the Items delivered by the Company – you shall be requested to return the Item at the Company’s offices in its original packaging.

42.The Items leaving the Company’s storage undergo a thorough inspection procedure. Nevertheless, in the event the Items you have ordered were not proper upon receipt thereof as a result of the Company’s failure, you shall not be charged for shipping, packaging, return or handling fees. In the event you have received a defective or improper Item, the utmost efforts shall be made in order to exchange the defective Item into a proper Item. Accordingly you shall be given the possibility to receive the proper item or to cancel your order.

43.It is hereby clarified that nothing in the abovementioned shall derogate from the Company’s right to claim any damage caused to it as a result of the aforementioned cancellation for reasons that the value of the Item has been devaluated as a result of a significant deterioration of its condition.


Intellectual Property

44.All the copyright and the intellectual property on the Site, including its design, as well as any program, application, graphic file, trademark, texts, medal and coin design, jewelry, computer code and any other material included therein – are the sole property of the Company and/or its content providers and/or business partners, as applicable.

45.It is prohibited to copy, distribute, modify, copy, transmit, display in public, multiply, publish, issue a license, produce derivative products or sell any information, program or Items, or transfer to a third party any part of the abovementioned without the prior express written consent of the Company. The Company’s name, the name of the domain of the Site and the trademarks (whether registered or not) of the Company, are the sole property of the Company and in the event they have been published on their behalf by other advertisers on the Site, are the sole property of those advertisers. No use shall be made without their prior written consent of its owner.


Restrictio of Use

46.This Site is protected by Israeli law as well as international law, including with regard to copyright and trademarks.

47.You hereby undertake not to make any illegal use and/or use contrary to the Agreement of the Site and/or the services provided by the Site. Without derogating from the mentioned above, you hereby agree as follows:

48.These Terms of Use do not provide rights and/or a license to introduce modifications and/or adaptation to this Site and/or to its content, whether distributed, downloaded from the Site or by means of another access. The consent provided to you to make use of the Site does not include: purchase and/or other use for commercial purposes, copy and/or multiplication and/or distribution and/or manufacture of any item by means of using the information appearing on this Site, unless explicitly authorized by the Company in writing, except for authorized use according to the law and/or the Agreement.

49. You are not authorized to introduce content to the Site and/or introduce therein information and/or files and/or codes which are likely to modify, harm, and/or disturb and/or disrupt the Site and/or the information provided therein and/or any intellectual property and/or prerogative of the Company’s Site and/or of any third party. It is absolutely prohibited to make inappropriate and unauthorized uses of this Site, including the insertion of “trojan horses”, “viruses, “worms”, etc. or use of a computer program which might harm anyone as well as receipt of unauthorized access to the Site, accounts, computer systems, databases of the Site, or other networks and computers related to the Site by execution of the acts set forth hereinabove.

50.It is prohibited to present and/or publish and/or introduce into this Site and/or sites related thereto illegal, immoral, threatening, obscene and/or defamatory information and/or material.

51.You hereby undertake to fully indemnify the Company, without derogating from the generality of the mentioned above, for any judgment, and/or indictment and/or order of the administrative and/or judicial and/or quasi-judicial authority, issued as a result of the violation of the Terms of Use of this Agreement by you and/or by anyone on your behalf.


Restriction of Liability

52.This Site, including its content and the information appearing therein, anything related to another site appearing therein, shall be used as is, and the Company shall not bear any liability in relation thereof. As a result thereof, nothing mentioned in the Site and/or in this document shall constitute a representation on behalf of the Company regarding reliability, suitability, appropriate timing and level of accuracy of the information, the program, the Items, the ancillary links and graphics of this Site for any purpose whatsoever. Therefore, you shall not have any complaint and/or demand and/or claim against the Company for the characteristics of its abilities, limitations or appropriateness to your needs and demands.

53.In no event shall the Company and/or any of its shareholders, directly and/or indirectly, and/or a related and/or affiliated company and/or subsidiary and/or other entities constituting a part of the joint venture and/or partners and/or other entities having material joint control and/or any of their shareholders and/or directors of the Company and/or officers of the Company, as defined in the Companies’ Law, 5759 – 1999, directors, employees and/or various suppliers have any liability for direct, indirect, punitive, coincidental, special or consequential damages, or any other damage of any kind and nature, including, but not limited to damages for loss of use, loss of data or loss of profit, derived or related in any manner whatsoever to the use of this Site and/or of its operation, the delay of use or inability to make use of the Site, the supply or non supply of services including data, text, photos, video or audio, or any information, programs, links, related graphics reached by means of this internet site, or deriving in any other manner from the use of this internet site, whether based on contracts law and/or torts, strict liability or anything else, even if the Company shall have knowledge about the aforementioned damages. The Company shall bear no liability for the mentioned on the Site’s forums, the chat sites or for information posted on the Site by third parties. If you are not satisfied with any part of this Site, or any of the Terms of Use thereof, the only and exclusive remedy available to you is to cease making use of the Site.

54.The Company shall bear no liability for damages which might be caused to you, including delays in the supply of Items, as a result of events which are not in its control, such as e.g. strikes or labor disputes, failures of the computer system and/or the computers of the Company and/or databases of the Site and/or telephone systems and/or information systems (transmission and reception), problems with the electronic mail system, failures in the data protection, terror actions and/or force majeure (war, earthquake, weather conditions, etc.), legal and administrative restrictions, events affecting completion of the ordering process and/or the delay in supply and any other failure in the soundness and availability of the systems under their responsibility, the availability of communication between the parties via the internet, as applicable. In such cases the Company is entitled to notify about the cancellation of the purchase, in whole or in part, and to cancel the debit of the person who has placed the order.

55.This Site might include links to internet sites which are operated by entities other than the Company. Said links are intended solely for your convenience. The Company has no control of said internet sites, and does not bear any responsibility for the content appearing therein. The inclusion of such links on this internet site does not constitute an approval of the material appearing thereon, and do not demonstrate any relation with the operators of said sites and any use of this site is at the sole responsibility of the user.


Termination of the Agreement

56.The Company reserves the exclusive right to refuse to grant access to this Site, or to any part thereof, to any user, including yourself, at its sole discretion and without prior notice. The Company shall be entitled to terminate its agreement with you, at its sole discretion and without prior notice. Upon termination of the Agreement and/or cancellation thereof, you are requested to immediately cease to make use of the Site.

57.The Company shall be entitled to cease supplying services to this Site and/or to cease operating this Site, in whole or in part, at its sole discretion. Law and Jurisdiction:

58.This Agreement is subject solely to the laws of the state of Israel.

59.You hereby agree that regarding any dispute arising from the use of this internet site or anything relating thereto, the courts of the District of Haifa shall have exclusive jurisdiction, and said court shall be the exclusive venue.


Notices and Addresses:

60.Any notice or other document to the Company shall be made in writing, addressed to its registered office and sent by registered mail. Said notice shall be deemed received by the Company within 72 hours from the moment of dispatch by registered mail, as aforementioned, or upon its delivery, if delivered personally. A Waiver of rights in any event the Company shall make use of one or more or its rights pursuant to this Agreement shall not be deemed a waiver or acceptance by the Company and shall not constitute any obstacle against it.


Modification of Conditions and Instructions

61.The Company reserves the right to modify, at any time and without prior notice, the terms of use (hereinafter: the “Modifications”), and such Modifications shall apply immediately upon your entrance to the Site. You hereby undertake that the modifications shall apply to you and bind you immediately upon accessing the Site. Therefore, the Company recommends you to read the updated version of the terms of Use of this Site, at any time you make use of this Site.











 
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