Terms & Conditions
OVERVIEW
This website belongs to and managed by Aviva Zilberman. The use of terms such as “we”, “us” and “our” refer to Aviva Zilberman. Aviva Zilberman offers the Aviva Zilberman website, as well as every information, tool and service available through this website to you, the user. Your use of this website is conditioned upon your acceptance of all terms, and conditions (including policies and notices) herein.
These Terms of Service (the “Terms”) is applicable to every user of the site. In order to visit our site and/ or purchase anything from us, you participate in our “Service”, and agree to comply and be bound by the Terms, (including any additional terms and conditions as well as policies whether referenced herein and/or made available by hyperlink).
Carefully read through the Terms before accessing or using our website. If you disagree to any of the terms and conditions of this agreement, then it is advisable that not to access the website or use any of the services.
Our online store is hosted on Shopify Inc. They offer us an online e-commerce platform that enables us to sell our products and services to you.
1. ONLINE STORE TERMS
Before agreeing to these Terms, kindly ensure that you are at least the age of majority in your state or province of residence.
We don’t encourage anyone to use our products for anything illegal or for any unauthorized purpose. Also, refrain from using any of our services to violate any laws (including without limitation to copyright laws)
Also refrain from transmitting any worms or viruses or any code capable of being destructive.
Any violation of any of part of the Terms may lead to an immediate suspension or termination of your use of our services.
2. GENERAL CONDITIONS
We retain the right to refuse service to any individual for any reason at any period based on sole discretion.
You understand and agree that your content (excluding your credit card information as during transfer over networks, credit card information is always encrypted), may be transferred unencrypted, transferred over different networks; and altered to fit in and adapt to technical demands of connecting networks or devices.
You understand and agree not to copy, duplicate, reproduce, sell, resell or exploit any part of our services, use of our services, or access to our service or any contact on the website via which the service is offered, with no a clear and direct written permission by us.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this website is not accurate, complete or current. Every material on this website is made available for solely general information; thus, it should not be relied upon entirely to make any decision with no consulting primary, more complete or more timely sources of information. Total dependence on any material on this website is at your own risk. In case there is any historical information provided on this website, such information may not necessarily be current, but has been provided for your reference exclusively. We retain the right to change any content on this site at any time; however, we are under no form of obligation to update any information on the website. You accept that it is your sole responsibility to check for changes to our website before proceeding to use our services.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Product prices are subject to change with no form of notice. We retain the right to change or cease all or any aspects of our services at any time with no form of notice. We shall not be deemed liable to you or any third-party for any change (whether price change, suspension or discontinuance of all or any aspects of our services).
5. PRODUCTS OR SERVICES
Necessary effort has been made to display as accurately as possible the colors and images of our products. We don’t guarantee that your computer monitor's display of any color will be accurate.
We retain the right to limit the sales of our products and/or services to any person, region or jurisdiction, but we are under no obligation to do so. Also, we retain the right to limit the quantities of any products and/or services that we provide. All product descriptions or pricing are subject to modification at any time without prior notice, based on our sole discretion. We retain the right to put an end to the sale of any product at any time.
There is no warranty that the quality of any products, services, information, or other material purchased or gotten by you from this website will be to your expectations. We are also under no obligation to rectify any errors on the site or regarding the services.
In addition, by purchasing any Product and/or Service ("Package"), you hereby agree to indemnify our Company from any issues resulting from stolen or lost deliveries of Packages ("Delivery Failure"). You also agree that as soon as the Company can present evidence that the Package is in the possession of any delivery services (such as DHL, etc.), the Company will no longer be deemed responsible for the successfully delivery of such Package. In the event of a Delivery Failure, the Company will try to solve the matter, but you agree not to file a chargeback against the Company, and the Company is under no obligation to extend resources to assist with the recovery of any Package.
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We retain the right to reject or refuse any order placed with us. Based on sole discretion, we may restrict or cancel quantities purchased per individual, per household or per order. Such restrictions may involve orders made using the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In a circumstance that we restrict or cancel an order, we may try to notify you using the e-mail and/or billing address/phone number you provided at the time the order was made. We retain the right to restrict or prohibit orders that seem to be placed by dealers, resellers or distributors.
You agree that you must provide correct, current and complete purchase and account details before making any purchases. You accept that you will promptly update your account and other details, such as your email address as well as credit card numbers and expiration dates, for us to be able to complete your transactions and also contact you as necessary.
7. OPTIONAL TOOLS
There may be access to third-party tools over which we don't monitor nor control. You acknowledge that such tools are provided "as is” and “as available” with no form of any warranties, representations or conditions, and with no form of any endorsement. We shall not in any way be liable as a result of anything that occurs from your use of the optional third-party tools.
Any use by you of optional tools provided via the site is solely at your own risk and discretion. Kindly ensure that you are familiar with and approve of the terms on which such tools are offered by the appropriate third-party provider(s).
At any time, we may offer new services and/or features via the website (including but not limited to, the release of new tools and resources). The new features and/or services shall also be subject to the Terms herein
8. THIRD-PARTY LINKS
This website may include links to third party websites which are not owned or controlled by us. Such links are provided for your convenience. They do not in any way indicate that we endorse such website(s) or claim any responsibility for the content therein.
Note that we are in no manner responsible for the privacy policies, or content, of third party sites. We don't monitor or check the content of third party websites which are linked to from this website. Any opinions expressed, information contained or material appearing on such websites are not necessarily distributed or approved by us and we should not be regarded as the publishers of such opinions, information and/or material.
We strongly advise our users to be aware when they leave our site and to thoroughly evaluate the security and trustworthiness of such third party sites which are linked to from our site. We will not accept any responsibility or liability, directly or indirectly, for any loss or damage caused by or even alleged to have been caused by your use of or reliance on any information or material contained in third party sites or in connection with your disclosure of personal information on such sites.
9. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
In the event that you send certain specific submissions (like contest entries) or other submissions such as suggestions, creative ideas, plans, proposals, or other materials, whether online, by postal mail, by email, or otherwise (collectively, 'comments'), you accept that we may, with no form of restriction, copy, edit, publish, translate, distribute and otherwise use in any medium at any time any comments that you send to us. We have no obligation to (1) keep any comments in confidence; (2) respond to any comments; or (3) pay for any comments.
Although we are under no form of obligation to do so, we may monitor, review, edit, modify or get rid of content that we deem to be unlawful, threatening, defamatory, offensive, obscene, libelous, pornographic or otherwise objectionable or breaches any intellectual property or the Terms herein.
Kindly ensure that your comments don’t violate any right of any third-party, including with no limitation to copyright, privacy, trademark, personality or other personal / proprietary right. Also ensure that your comments have no libelous or otherwise unlawful, obscene or abusive material, or have any computer virus or other malware that have the tendency to adversely affect the operation of the site and/or service or any associated website. You may not use a fabricated e-mail address, pretend to be someone else, or otherwise mislead us or third-parties as to the source of any comments. You are entirely responsible for any comments you make and their correctness. We assume no responsibility nor liability for any comments posted by you or any third-party.
10. ERRORS, INACCURACIES, AND OMISSIONS
At any time there may be information on our site or in the Service that has typographical errors, inaccuracies or omissions in relations to pricing, product descriptions, promotions, product shipping charges, offers, transit times and availability. We retain the right to amend any errors, inaccuracies or omissions, and to modify or update information or terminate orders if any information on the SIte, in the Service or on any associated website is inaccurate at any time with no prior notice (including after you've submitted your order). We are under no obligation to amend, update, or clarify information on the Site, in the Service or on any associated website, including with no limitation to, pricing information, unless as required by law. No particular update or refresh date applied on the Site, in the Service or on any related website, should be seen to indicate that all information in the Service or on any associated website has been modified or updated.
11. PROHIBITED USES
By accessing and using any aspect of the Site, you consent that you'll not use the Site (including the Service) for any unlawful or prohibited purpose. You may not try, by any means, to get unauthorized access to any part of the Site or the Service, other accounts, computer system or network connected to our server. Aviva Zilberman retains the right, based on sole discretion, to monitor any use of the Site and get rid of any User Content at any time.
Without restricting the foregoing, you'll not use the Site (including the Services) to:
(a) post or otherwise transmit any User Content that (i) is false, unlawful, inaccurate, abusive, harmful, misleading, threatening, tortious, libelous, harassing, excessively violent, vulgar, obscene, defamatory, pornographic, invasive of another’s privacy, hateful racially, ethnically or that inspires behavior that would be deemed a criminal offense, lead to civil liability, or is otherwise objectionable; (ii) uses offensive language or images; (iii) describes or advocates the use of illicit drugs; (iv) poses or causes a privacy or security risk to any person; (v) you don’t possess a right to transmit under any law or contractual or fiduciary relationships; (vi) infringes on any intellectual property or other proprietary rights of any party; (vii) are spam, junk mail, chain letters, sweepstakes, contests, pyramid schemes, or any other kind of solicitation; (viii) has software viruses or any computer code, programs or files intended to interrupt, destroy or restrict the functionality of any computer software / hardware or telecommunications equipment; or (ix) based on the judgment of Aviva Zilberman, is objectionable or which limits or impedes any other person from using or enjoying the Services, or which may open Aviva Zilberman or its users to any harm or liability of any kind;
(b) access the Site and the Content from regions where such site and content are illegal or strictly prohibited;
(c) violate any relevant local, state, national, international or other law, rule or regulation, or any order of a court, including with no limitation to, rules about intellectual property rights, the Internet, data, technology, email or privacy;
(d) endorse or encourage any criminal activity or enterprise or offer instructional information about illegal activities;
(e) interfere with, disrupt or harm the Services or servers or networks associated with the Services, or disobey any demands, policies, procedures, or regulations of networks associated with the Services, including, with no limitation to, via the use of viruses, Trojan horses, cancel bots, harmful code, denial-of-service attacks, flood pings, packet or IP spoofing, forged routing or electronic mail address information or related methods or technology;
(f) advertise or intend to sell or buy any goods or services for any business purpose that is not specifically authorized;
(g) harvest or gather email addresses or other contact information of other Users by electronic or other means without their express permission;
(h) use the Services to post, transmit, distribute or submit any information regarding any other person without their express permission;
(j) stalk or harass any User, or acquire or store any information about any User;
(k) acquire or try to access or otherwise get any materials or information via any means not intentionally made available or provided for via the Services;
(l) transfer or sell your account and/or username to any other party;
(m) register for more than one user account, or register for a user account on behalf of any person other than yourself;
(n) impersonate any individual or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(o) other than pertaining to your own User Content, (i) use, duplicate, sell, resell, copy or exploit the Content; (ii) assemble a collection of Content, whether by manual means, via the use of bots, spiders, or crawlers, or otherwise; or (iii) otherwise take away any text, copyright or other proprietary notices included in the Content;
(p) use automated scripts to access, search or gather information or otherwise interact with the Services (including with no limitation to robots, scripts or spiders) or use any spider, robot, other automatic device, or manual process to extract, monitor, screen scrape, mine, copy or duplicate any dynamic or static webpage on the Site or the Content included on any such web page for commercial use with no prior express written permission from us;
(q) decipher, disassemble, decompile, reverse engineer, or otherwise try to derive any source code or underlying ideas or algorithms of any aspect of the Service, unless to the extent appropriate laws expressly prohibit such restriction;
(r) modify, translate, or otherwise make derivative works of any aspect of the Service; or
(s) advocate, encourage, or help any third party in engaging in any of the foregoing.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not accept liability for any exposure to viruses or other kinds of interference which may cause any form of damage to your computer system or expose you to fraud when you access or use this website. You are responsible for the process by which you access and use the website and any efforts made to protect you during your use of this website or any third party website(s) linked from this website.
We offer no warranty that the website is appropriate or available for use in all countries or that the information or materials contained therein is in line with requirements of the laws of all countries. It is solely your responsibility to ensure that your access to and use of this website is not illegal or prohibited in your country and for your own compliance with the applicable local laws.
The site and the services, including with no limitation to all server and network components, are presented on an “as is” and “as available” basis, with no form of warranty to the maximum extent permitted by law, and we expressly disclaim any and all warranties (including warranties to the content, data, links, and information gathered through the site or service), whether express or implied, including, with no limitation to, any implied warranties of merchantability, title, fitness for a specific purpose, and non-infringement. You accept that we don't warrant that the service will be uninterrupted, secure, timely, error-free, or free from viruses or any other malicious software, and no information or advice acquired by you from us or via the site or service shall create any warranty not expressly stated in these terms.
Under no situation and under no legal theory (whether in contract, negligence, tort or otherwise) will either party to the terms herein, or their affiliates, officers, directors, employees, agents, suppliers or licensors be held liable to the other party or any third party for any indirect, special, incidental, consequential, exemplary, punitive or other related damages, including lost profits, lost sales or business, lost data, business disruption or any other loss obtained by such party or third party in line with these terms or the service, even if such party has been informed or is aware of the possibility of or could have foreseen such losses or damages.
Any damages or claims that you may have against us shall only be enforceable against us and not any other entity or its directors, officers, representatives or agents.
13. INDEMNIFICATION
You accept to indemnify and defend us as well as hold us harmless with our parent, partners, affiliates, officers, directors, subsidiaries, contractors, licensors, agents, service providers, suppliers, interns, subcontractors and employees, from any claim or demand, including but with no limitation to reasonable attorneys’ fees, made by any third-party because of your breach of the Terms herein or the documents they integrate by reference, or your violation of any law or the rights of any third-party.
14. SEVERABILITY
If any aspect of the Terms herein is deemed to be unlawful, void or unenforceable, such aspect shall nevertheless be enforceable to the maximum extent allowed by applicable law, and the unenforceable aspect shall be considered to be severed from the Terms. In no way shall the validity and enforceability of any other remaining aspects be affected.
15. TERMINATION
The obligations and liabilities of the parties acquired before the termination date shall survive the termination of this agreement.
The Terms herein are effective unless and until terminated by either you or us. At any time, you may terminate the Terms by notifying us that you no longer want to use our services, or when you stop using our website.
If you fail, or we suspect that you have failed, to comply with any term or stipulation of the Terms herein, we also may terminate this agreement with no form of notice, and you will be liable for all amounts due up to and including the date of termination; and/or consequently may deny you access to part or all of our services.
16. ENTIRE AGREEMENT
Our failure or inability to execute any right or stipulation of these Terms shall not constitute a waiver of such right or stipulation. These Terms and any policies or operating rules posted by us on this site or regarding the Service constitutes the entire agreement and understanding between you and us as well as govern your use of the Site and Service, overrule any previous or contemporaneous agreements, communications and proposals, whether written or oral, between you and us (including, but with no limitation to, any previous versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
17. GOVERNING LAW
These Terms and any separate agreements whereby we render you Services shall be governed by and construed in line with the laws of Israel.
18. CHANGES
Aviva Zilberman retains the right, at its sole discretion, to change or replace any part of this Agreement. It is your sole responsibility to go through this Agreement regularly for changes. Your continued use of or access to the Site after the posting of any changes to this Agreement constitutes acceptance of those changes. Aviva Zilberman may also, in the future, provide new services and/or features via the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of this Agreement.
19. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.
20. COMPANY INFORMATION
Aviva Zilberman
23 Melchett st.
Tel Aviv 6382548
Israel
Phone number: +972 3 6411682
For any questions about the website or your order placed on the website, please contact Customer Service at cheektocheek@avivazilberman.com.
We will respond to every email within 24-48 hours, Sunday to Friday, excluding holidays.