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Terms of Use – IMANA

Introduction

The use of the website http://imana-design.com an ecommerce website which enables you, among other things, to purchase products (the “Website” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy and according to any applicable law. By using the Website, You signify that You agree to be bound by the Terms.
The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.
The purpose of the Terms is to regulate the relations between the operator of the Website, IMANA, Tax ID No. 037823838 (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all the Terms.
The Terms determine Your access to the Website and will apply to any of Your use on the Website including, but not only, use of data, content and services on the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.
The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Website, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website.
The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
It is clarified that the Operator reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
The Website is active and accessible at all hours of the day at every day, and You may always use it and purchase products. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by email: Imana.designs@gmail.com. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

Definitions

“Content” means the Website, information about Products, and other information available in the Website, online pages, the sorting and display of information and any other illustrative form in the above and in mailings.

“Service” means the Website, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.

“Website Errors” means any interruption in the Website’s and/or Website’s availability due to reasons which are not directly controlled by the Operator.

“You” or ”Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.

“Products” means the products available on the Website.

“Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.

Purchasing Products Through the Website; Orders, Payments, Shipping Products

The Operator is making all efforts to accurately display the Products including, but not only, the description and the images of the Products. However, there may be some accidental mistakes regarding the description and the images of the Products and the appearance of the Products displayed on your device may be different from their actual appearance since the display depends on many factors including, but not only, Your device’s screen quality and display settings; and since all Products are handmade there may be a slight difference (e.g. dimensions up to 2 cm and/or shape) between each Product, even if each ordered item is the same. Therefore, it is clarified that all images shown on the Website are for illustration purpose only unless stated otherwise in the Website and such image will not bind the Operator by any means.
You may pay via credit card subject to confirmation of payment by the credit card issuer or via any other payment method offered by the Operator. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
The ordered products will be delivered to the address You inserted upon placing Your order via courier provided that Your address appears in the Operator’s shipping areas as will be available from time to time. The Operator reserves its rights to change the shipping methods and/or shipping areas from time to time at its sole discretion and without any prior notice and You will not have any claims against the Operator in such case.
Shipping products may be subject to a fee at a cost which will be detailed in the Website which will be added to the total costs of Your order. The Operator reserves its right to update the shipping fees from time to time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case. If applicable, in case of any taxes added to the cost of Your delivery including, but not only, import taxes, such taxes will be paid by You
Shipping times may be delayed due to reasons and causes that are not controlled by the Operator including, but not only, force majeure, sensitive national security situation at the shipping address, extreme weather conditions, nature disasters (e.g. earthquakes, floods, etc.), and other causes (e.g. roadblocks, fire, pandemic, etc.) and delays caused by strikes and national and bank holidays and any mistyping of the shipping address and Your contact details, and You will not have any claims against the Operator in case of such delay resulting from the above. It is clarified that such delay will not derogate from Your obligation to pay for Your order.
The Operator shall not be liable for any delays which are not controlled by the Operator and/or any delays caused by You including, but not only, difficulties contacting You. Such delay will not constitute a breach of the Operator’s obligation to deliver Your order and such delay will not derogate from Your obligation to pay for Your order. If within 40 days the Products will not be delivered to You for reasons not controlled by the Operator (e.g. inability to contact You), You will be considered as a customer which waived its right to receive the Products and the Operator reserves its right not to provide You the Products and in such case You will not be entitled to any refund.
The delivery will be packaged according to the Operator’s sole discretion and You shall have no claim against the Operator’s packaging.
The prices of the Products in the Website do not necessarily match the prices of the Products available at other locations including, but not only, at the Operator’s social media accounts or other stores of the Operator. At all times the prices appearing on the Website are the binding prices for the purpose of purchasing the Products through the Website.

Changing and Cancelling Orders and Returning of Products

The Operator’s policy regarding order cancellation and returning of products is with accordance to the Israeli Consumer Protection Law-1981, and You may cancel Your order with accordance to the following terms as set forth below.
The Operator is making all efforts to accurately display the Products including, but not only, the description and the images of the Products. However, there may be some accidental mistakes regarding the description and the images of the Products and the appearance of the Products displayed on your device may be different from their actual appearance since the display depends on many factors including, but not only, Your device’s screen quality and display settings. Therefore, it is clarified that all images shown in the Website are for illustration purpose only unless stated otherwise in the Website and such image will not bind the Operator by any means.
The Operator urges You to check and ensure that the Products You receive match the actual order. Should there be any material mismatch between Your order and the Products You received (e.g. the dimensions of the order do not match the dimensions of the actual products received), You are required to notify the Operator of such mismatch within three (3) business days, otherwise it will be considered as Your acceptance of a match between Your order and the actually received delivery, and You will have no claims against the Operator in such case.
You may cancel Your order within 14 days from the day of receiving Your order. You are required to send a notice regarding a cancellation of Your order to the Operator, and upon receiving such notice the Operator will arrange with You the return of such products. It is clarified that it is your responsibility to arrange the returning of Your ordered products and returning products shall be made at Your own expense.
Upon receiving returned products and subject to the Operator’s inspection and review of such returned products, the Operator will issue You a refund and may, at its sole discretion and according to any applicable law, charge a cancellation fee of 5% of the order cost (including shipping costs) or 100 NIS, the lower between them. This section shall not apply to cancellation due to a defective product with accordance to the Israeli Defective Products Liability Law-1980 and/or mismatch between the product’s specification as appeared in the Website and the actual specification of the ordered product and/or a Products which was out of stock, which in such case no cancellation fees will be charged subject to the Operator’s inspection and reviewal of Your claims regarding any defection and/or mismatch.
The Operator may cancel Your purchase in case of a mistake in good faith of a price of a Product.
It is clarified that some of the Products on the Website are custom-made and are produced according to Your requirements. Since such products are non-refundable and non-returnable, You are advised to ensure that such Products fits Your needs including, but not only, with respect to the requested dimensions of the Products.
The Operator reserves its right to refuse to prepare a customized product in some cases including, but not only, a request to prepare a customized Product which it deems offensive and/or inappropriate, and You shall have no claims against the Operator in such case.
It is clarified that custom-made products are non refundable and non returnable other than defective products with accordance to any applicable law including the Israeli Defective Products Liability Law-1980. Sections regarding cancellation (including sections 4.4-4.5) will apply only for products which are not custom-made, all with accordance to any applicable law.

Liability and Limitation of Liability

The availability of the Products in the Website are subject to change and therefore some Products may be out of stock. In case You ordered a Products which is out of stock, You will not be charged.
The Operator is making all efforts that the information of the Products will match the sold Products. However, there may be some accidental mistakes regarding the information of the Products, and therefore You are kindly advised to read thoroughly the Products description. In case of a mistake in good faith regarding a mismatch of a Product, the User may contact the Operator and arrange the returning of a Product without any cost.
The Operator does not warrant that all links available on the Website are active and/or will lead to an active website. The existence of such link does not mean that the content appearing in such link is reliable, accurate and/or updated and the Operator does not control such content and the Operator shall have no liability to such links.
The Operator will not be liable for damage caused resulting from any purchase through the Website including, but not only, in case the payment was made without the consent of the ordering customer and without him knowing of such order and/or any mistyping of the shipping address and/or the credit card details and/or any communication faults caused by negligence or misconduct by the telecommunication service provider.
You must read the instructions and manuals of each of the Products, if available, and You are solely responsible for any use of the Products, and You may not use the Products for any purpose other than its original purpose as produced and sold by the Operator.

Mailings

The Operator may offer all its users to subscribe to the fill in a form in the Website in order to be notified of special sales, advertisements, updates, personal benefits and other user and members notifications regarding the Operators’ activities and services, including via Emails and SMS (the “Mailings”).
For the avoidance of any doubt, the above terms are bound to the Israeli Communication Law (Telecommunication and Broadcasting-1982).

Intellectual Property

7.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
Without derogating from the above, the Website, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.
You warrant no to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator's prior and written consent.
The ownership and the intellectual property rights of contents of third parties including images in the Website are owned by their proprietors and may be bound to any terms and third-party licenses which were granted to the Operator (“Third-Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third-Party Agreements regarding Your use of the Website, including any future changes to the Third-Party Agreements.
The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email as detailed in the Terms.

Use of Personal Information and Security

The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.
The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.
The Website may contain links to external websites owned by third parties which are not controlled by the Operator. The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website. The existence of such link does not mean that the content appearing in such link is reliable, accurate and/or updated, and the Operator shall have no liability to such links. Without derogating of the above, the Operator will not be liable for any direct or indirect damages however caused to You or any of Your property resulting from Your use or reliance on information and/or content appearing on websites You will enter through a link available on the Website.

Term and Termination

This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services or upon being notified by the Operator.
The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website will be considered as consent to such amended terms.
The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.

General Terms, Governing Law and Messages

This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.
The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.
This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Hadera, Israel, for any litigation and/or dispute arising out of this Agreement.
All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival issued by the Operator.

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