Easyshapes Website Terms and Conditions
- 1. General
1.1. The easyshapes websites (hereunder, “the Website”), which was developed and is operated by Zur Business Initiatives, Dealer No. 066426271 (hereinafter, “easyshapes”) functions as a site of electronic commcere for the purchase of products by Internet users world wide.
1.2. These terms and conditions apply to any use or purchase you may make through the Website, and shall constitute the legal basis of any discussion between you and easyshapes. You are therefore requested to carefully read these terms and conditions in entirety.
1.3. By accessing the Website and/or purchasing products or services offered for sale on the Website, you agree to accept and act according to these terms and conditions. Therefore, if you do no agree to any term or condition, you should not make any use of the Website.
1.4. The contents that are uploaded and publically published on the Website may be made available on other media, including cellular websites, television, or any other means and/or websites other than the Website, whether or not these are under the management of easyshapes, and for any other legal purpose that exists now or in the future, and the provisions of these terms and conditions apply to the presentation of said contents and/or their use for any such purpose.
1.5. Any reference to the masculine in these terms and conditions also includes the feminine.
1.6. The headings of the sections are solely for the sake of convenience and orientation and shall not be used in the interpretation of these terms and conditions.
- 2. Sales
2.1. Easyshapes permits you to use the Website to purchase products in the manner described hereunder, in a rapid, convient, simple manner and at an attractive price.
2.2. A “Sales Sheet” is presented for the product or service offered for sale. The Sales Sheet includes [ a description of] the product or service offered for sale, the sales price (according to the type of sale), details of delivery, payment terms, and other relevant information (hereunder, “the Sales Sheet”). The Sales Sheet is the responsibility of paypal and is subject to its terms and conditions of use.
2.3. It is important to note that all the prices and amounts that appear on the Sales Sheet include VAT as mandated by law, and VAT applies to the transactions under all law.
2.4. Before ordering a product or service (hereunder, “a Transaction”), enter your details on the Sales Sheet, including your name, address, email address, telephone number, credit card number, ID number, and other requested information. At this stage, the user becomes a Transactor (hereinafter, “the Customer” or the “Transactor”). To ensure that the order is executed quickly and succesfully, carefully enter correct information, otherwise we cannot enture that the order will be executed.
2.5. To remove any doubt, these details will not be transferred to any party other than easyshapes; these details are required for the exclusive use of paypal, and are its responsibility, subject to its terms and conditions of use.
2.6. Upon accessing the Sales Sheet, the user’s credit card details are transferred to paypal, which executes the purchase process: Charges to the credit card are executed by paypal, are its responsibility, and subject to its terms and conditions of use.
Paypal will review the credit card details and upon receiving confirmation of the charge by the credit card company, will issue an appropriate notice that the Transaction has been approved or denied. If the Transaction is approved, the Customer’s address and contact details will be transferred to easyshapes for the purpose of shipping the product by mail.
It should be noted and stressed, only a notice received by the Customer by email, which includes the details of the relevant order and the Customer’s details constitutes confirmation that Transaction was executed. Records in easyshapes computers shall constitute prima facie evidence of the execution of the Transaction.
The Transactor’s credit card will be charged the price of the purchased product or service, after the Transaction has been executed.
Note that providing false information is a criminal offense and offenders are subject to criminal and civil prosecution.
2.7. If the Transaction is not approved by the credit card company, the Transactor will receive an appropriate notification from paypal. To complete the purchase, the Transactor will be required to contact paypal’s customer service center by telephone to arrange approval of the Transaction through the credit company. We clarify and stress that a Transaction is considered complete only after the Transactor arranges for the approval of the Transaction by the credit card company. In this case, delivery times shall be counted only from the date the Transaction is approved by the credit card company.
2.8. Note that the product offered on the Website is in the Supplier’s possession, and all orders are subject to a sufficient inventory of the product offered for sale.
Notwithstanding the above, it is clarified that easyshapes is investing its best efforts to ensure a sufficient inventory of the product offered for sale on the Website at the time that the products are offered for sale until their delivery. Furthermore, upon receiving an order from a Customer, easyshapes requires the Supplier to reserve a product for the Customer against the order, to ensure that a product is available and ready for delivery to the Customer on the date determined in the Sales Sheet.
However, if for reasons that are not under the control of easyshapes, a product purchased on the website is not in the Supplier’s inventory on the date the product was purchased on the Website, or a stockout is discovered in the Supplier’s inventory after the Purchase, you will receive appropriate notification by email or telephone.
2.9. To the extent of any inconsistency or contradiction between the general terms of sale and the specific provisions determined in these terms and conditions regarding a specific type of sale, the specific terms shall govern.
- 3. Method of Sales
Ordinary Sale –
3.1. An ordinary sale is the sale of products at a predetermined price, while stock lasts.
3.2. The Transactor, the person who wishes to purchase a product, shall perform the purchase according to the instructions on the Website (it is recommended to read the Sales Sheet before purchase).
3.3. Easyshapes may conduct different types of sales for specific customers at its exclusive discretion and at the terms determined by easyshapes from time to time.
3.3.1. These terms and conditions shall apply to these sales with the necessary changes.
- 4. Sales times
4.1. In an ordinary sale, products may be purchased 24 hours a day, 365 days a year, while stock lasts.
- 5. Shipping and deliveries
5.1. Easyshapes and/or the Supplier (as the case may be) will ensure that the product you purchase on the Website is delivered to the address in Israel that you entered when you placed your offer, within the time stated on the product’s Sale Sheet, unless stated otherwise on the Website.
5.2. Easyshapes and/or the Supplier shall take steps to deliver the product or services pursuant to the terms of delivery stated on the Sales Sheet of the products or services. Easyshapes and/or the Supplier undertake to deliver only products that have been paid for in entirety through a credit card, as described hereunder.
5.3. In locations of limited access due to security considerations, easyshapes and/or the Supplier may make the products available to Customers at an agreed upon proximal location, to be coordinated in advance with the Customers. Note: easyshapes invests efforts to make timely deliveries of products to locations of limited access due to security considerations; However, in such locations, the delivery date stated in the product’s Sales Sheet may be postponed by up to 14 days, and such portponement shall not be considered a delay in the delivery of the product.
5.4. The shipping costs stated on the Website do not include shipping to addresses outside Israel.
In the event of shipment to an address outside Israel, easyshapes and/or the Supplier may charge an extra fee, in addition to the charge for shipments in Israel, according to the information on the product Sales Sheet.
5.5. The provisions of the postal guide issued by the Israel Postal Company Ltd (formerly, the Israel Postal Authority) shall apply to all deliveries/shipments of products by Israeli post, and shall obligate all offerers. We stress, easyshapes may use any shipment method, including ordinary mail, at its discretion.
5.6. Shipping/delivery times stated on the Sales Sheet are based only on business days (Sunday through Thursday, not including Friday, Saturday, holidays, or holiday eves).
5.7. Shipment costs are included in the price of the product.
5.8. The Customer may pick up the product directly from easyshapes or from the Supplier’s place of business, depending on the entity responsible for delivering the product to the Customer, to the extent that such pick-up is possible for a product, as stated in the product Sales Sheet. For information on whether it is possible to pick up any specific product and the pick-up times, please make an inquiry using the Contact Us link on the Website.
Products must be picked up within 14 business days of the order approval date.
5.9. Easyshapes and/or the Suppliers and/or persons acting on their behalf may demand the presence of the credit card holder and/or the credit card holder’s ID card and/or the signature of the credit card holder on the voucher at the delivery of the product, as a condition of delivery of the product.
5.10. If the delivery of the product and/or service legally requires a record, the delivery will be recorded in the name of the Customer who made the purchase and the details as given on the sale sheet.
5.11. In the event that delivery of the product to the Customer is delayed beyond the delivery time stated on the Sales Sheet of the said product, the Customer shall notify easyshapes of the delay within a reasonable time. If the Customer fails to notify easyshapes of the delay within a reasonable time after the delivery time stated on the Sales Sheet, the Customer will be considered to have received the product, and easyshapes will bear no liability, and the Customer will have no claim and/or demand of any type against easyshapes in respect to the non-delivery or delayed delivery of said product.
- 6. Customer service
6.1. For additional details concerning the Website and its operations, please contact easyshapes customer service by email email@example.com or by telephon (+)972-54-677-6814.
Our customer service representatives will be happy to assist you with any question concerning the purchase process or any other matter, and help enhance your purchase experience and make it speedy and simple.
- 7. Eligibility to use the Website
7.1. All users may participate in the purchase procedures on the Website to make purchases, subject to the following conditions, in aggregate:
7.1.1. The user is competent to perform binding legal actions. If you are a minor (under age 18) or are not entitled to perform legal actions without the approval of a legal guardian, your use of the Website will be considered as use that has been approved by your legal guardian.
7.1.2. The user has a valid ID card or is a corporation that is duly incorporated and registered in his own country.
7.1.3. The user is a holder of a valid credit card issued in his country by a credit card company.
7.1.4. The user has an email box on the Internet and an address in his country.
7.2. Without detracting from the above, easyshapes may prevent a user from participating in making a purchase on the Website by blocking his use in any of the following events:
7.2.1. The Transactor has committed an illegal act or has violated the the law;
7.2.2. The Transactor has breached any condition of these terms of and conditions;
7.2.3. The Transactor intentionally provided false information upon the sale sheet or on the telephone.
7.2.4. The Transaction committed an act or omission that potentially damages easyshapes and/or its representatives and/or the proper operations of the Website and/or any of its suppliers and/or any third party.
- 8. Confidentiality
8.1. In order to purchase a product or service or to submit an offer in the sales conducted on the Website, you must provide information for the Transaction, including your name, address, email, telephone number, and credit card number.
8.2. The user acknowledges and agrees that all the information given to easyshapes at the time of the purchase and/or the information generated by his activity on the Website, including information on the user collected during his use of Website, shall be stored in easyshapes’ databases. By using the Website, the user permits easyshapes to store said information and to transfer, as far as required, said information to various companies in the easyshapes group.
8.3. Other than the above use, easyshapes undertakes not to make any use of the information without the user permission unless required by law or to prevent abuse. Easyshapes will permit access to the information only to those of its employees who require the information in order to provide service.
To remove all doubt, when the Purchaser accesses the Sales Sheet, the information, including the credit card details, is automatically available to paypal for the purpose of executing the purchase.
8.4. Easyshapes uses acceptable precautionary measures to protect the confidentiality of the information as far as possible. Nonetheless, in events that are not in its control or are caused by a force majeure, easyshapes is not liable for any direct or indirect damage of any kind caused to the Customer and/or any representative of the Customer by the loss or unauthorized use of the information.
8.5. Easyshapes may use the information you submit for the purpose of statistical analyses, in order to improve the quality of service offered by the Website.
- 9. Cancelling a purchase
9.1. The Transactor cannot cancel the purchase unless he proves that the provisions of Section 14(c)(d) of the Consumer Protection Law 1981 apply to him. According to this Section, transactions cannot be cancelled by the Transactor in the following events:
(a) non-reusable goods;
(b) information as defined in the Computers Law 1995;
(c) goods produced specifically for the consumer as a result of the transaction;
(d) goods that can be recorded, reproduced, or copied, and whose original packaging has been opened by the consumer.
9.2. If the Transactor is not one of those noted in Section 9.1 above, the transaction may be cancelled by contacting easyshapes in writing only, using the Contact Us link and/or by sending a detailed notification to firstname.lastname@example.org.
9.3. Results of cancellation due to defect or incompatibility:
Cancellation of a Transaction due to a defect in a product that is the subject of this contract is permitted only after the consumer proves to the supplier that the product he received is defective and unusable. To remove all doubt, the consumer alone bears the burden of proving that the defect predated the consumer’s receipt of the product. A generic notice of defect shall not be considered proof for this matter.
9.4. Note that the return of products whose condition has been adversely modified while in your possession, including products that were damaged and/or became defective and/or broken and/or suffered any impact and/or whose packaging was defaced and/or used in the customer’s home in a manner that adversely affected its condition, is subject to easyshape’s right to sue for its damages, all subject to the provisions of Section 9.5 hereunder.
9.5. The provisions of Sections 9.3 and 9.4 shall not apply to goods and services defined in Section 14(c)(d) of the Consumer Protection Law, as stated in Section 9.1 hereinabove.
9.6. Easyshapes may cancel a Transaction and/or sale, either in entirety or in part:
9.6.1. In the event that an obvious typographic error occurred in the product price or the product description;
9.6.2. In the event of a force majeure, or an act of war, or hostilities, or terror that prevents the execution or completion of the sale or proper participation in the sale;
9.6.3. If easyshapes learns that the Transaction and/or sale was accompanied by an illegal act by the persons who made the purchase and/or any of them and/or any third party;
9.6.4. In the event that easyshapes learns that the Purchaser might trade in or resell the product to a third party.
Notice of cancellation of the sale shall be made to the Customer by telephone or in writing to the address provided by the Customer during the registration for the sale. In this case, your order will be cancelled and easyshapes will not charge your credit card, or will refund any amount paid in respect of the product, if paid. Other than said refund, you are denied any claim and/or demand of any type against easyshapes in respect of the cancellation of the Transaction as set forth in this paragraph.
- 10. Warranty
A. Absence of product warranty
10.1. Easyshapes makes it possible for you to make a purchase through the Website in a convenient, rapid, simple manner and at attractive prices. To remove all doubt, unless otherwise determined by law or on the Sales Sheet, the Customer alone is liable for the maintenance, protection, and manner of use of any product he purchased through the Website, and the Customer shall have exclusive liability for any product damage caused by failure to satisfy the provisions of this paragraph.
10.2. In the event of an obvious typographic error in the description of any product or service, such error shall not impose any liability on easyshapes. The product images on the Website are intended for illustrative purposes only and there may be differences between the images presented on the Website, either in entirety or in part, and the product that is actually sold.
10.3. Easyshapes and/or its representatives shall not be liable for damages caused to any third party as a result of the use or the Website or a purchase through the Website, and easyshapes will not bear liability for any indirect, consequential or special damages, including loss of income and/or profits caused by any reason.
10.4. Without detracting from the provisions of paragraph 10.3 hereinabove, easyshapes and/or the suppliers shall not be liable for any delay or postponement and/or non-delivery caused by a force majeure and/or events that are not in their control including strikes, labor action, etc.
B. Activities on the Website
10.5. Services on the Website are available for use AS IS. The user or Transactor shall have no claim or demand against easyshapes in respect of the features of the service, its limitations, or its compatability with the user’s needs or requirements.
10.6. Easyshapes invests all efforts to maintain the Website in proper working order. Nonetheless, easyshapes does not guarantee that the service on the Website will not be disrupted or free of interruptions, faults, or flaws, including malfunctions in hardware, software, or communciation lines, and easyshapes is not liable in any manner for any faults and/or disruptions in the worldwide web and/or Bezeq lines and/or the international communication lines that provide a dial-up connection to the Internet. Without detracting from the above, easyshapes will not be liable, either directly or indirectly, for any event in which your request for a purchase is not received (for any cause) and/or for any technical issue that prevents you from submitting or revising your request.
10.7. Easyshapes bears no liability for any illegal act committed by Website users in the course of the purchase procedure or in respect of any other factor that is not in its complete control.
- 11. Additional conditions
11.1. All icons, information, and/or displays that appear on the Website, including graphics, design, verbal display, trade marks, logos, and the display and editing of the same are the exclusive property of easyshapes and/or its representatives.
It is prohibited to copy, reproduce, disseminate, publish, or use in any other manner the contents appearing on the Website without written permission from easyshapes issued in advance.
11.2. Easyshape’s computer records regarding the operations executed through the Website shall constitute prima facie evidence of the accuracy of such operations.
11.3. In addition to the provisions of paragraph 11.1 hereinabove, and to remove all doubt, anything appearing on the Website, including but not limited to content, images, and films, is the exclusive property of easyshapes and any use, dissemination, publication, link, or any modification of the Website or anything contained in it is prohibited without easyshapes’ explicit permission. To remove all doubt, the product and the registration of its model are the exclusive property of easyshapes.
- 12. Miscellaneous
12.1. The interpretation and enforcement of these terms and conditions and/or any action or dispute stemming therefrom shall be governed by the laws of the State of Israel and shall be determined, as necessary, by any of the competent district courts of Tel Aviv-Jaffa, Center, Haifa, Nazareth, Beer Sheva, and Jerusalem.
12.2. The terms and conditions were most recently revised in October 2013 and may be revised by easyshapes at any time at its exclusive discretion. The text of the terms and conditions that appears on the Website is the determining version at any time.
The easyshapes team hopes you enjoy your purchase.