Terms

Website Terms of Use

The website you entered (the “Website“) is operated by Smartout Technology Ltd. Company number 515546356 whose address is: 21 Washington St. Jerusalem (the “Company“). The website is used for advertising, marketing and selling clothing as defined below (the “Products“). Each user of the site (the “User / Customer“) must carefully read the terms and conditions set forth in the Site Terms (the “Terms” or the “Terms of Use“), as browsing, use and purchase via the Website are all conditional on acceptance of the Terms of Use by the User and his/her consent to the terms. The terms: If you do not agree to all or part of the terms of use, you may not make any use of the site, including browsing the Website. Therefore, if you do not agree to all or part of the Terms of Use, you may not make any use of the Website, including browsing the Website. Any User of the Website will be deemed to have agreed to all the Terms of Use.

 

Definitions

  1. In these Terms of Use, the terms defined herein shall have the following meanings:
  2. Company – Smartout Technology Ltd. Company number 515546356 (hereinafter: the “Company“).
  3. Website – the website whose address is: col-a-covid.com
  4. Customer – a user who placed an order / purchase through the site.
  5. Product – T-shirt clothing with a built-in mask that appears on the website and is offered for sale.
  6. Mask – a cloth mask designed to cover the nose and lower part of the face.
  7. E-POST allows you to receive packages to selected businesses close to your area of ​​residence. After sending the product by the business, you will receive an SMS with the collection store address (up to 11 business days)
  8. Courier to home HFD – direct delivery to the customer’s home via courier. Up to 10 business days, and 12 business days to remote communities.
  9. Delivery time of the goods: The day of delivery of the goods – the day on which the Products were delivered to the Customer’s address entered at the time of ordering.
  10. Mailing address – the address entered by the Customer as the address for sending orders.
  11. The requested date for the delivery of the goods – the date specified by the Customer as the date on which he prefers that the goods be delivered to him.
  12. Date of placing the order – the day on which the credit company approved the transaction made by the customer.
  13. Business days are weekdays, Sunday to Thursday, and do not include Fridays, Saturdays, holidays and public holidays.
  14. The provisions of these Terms of Use are worded in part in the masculine singular for convenience only, but the provisions of the Terms of Use apply to both sexes, the plural, corporations and other legal entities equally.

 

General

  1. The Website serves as a virtual store for the sale of shirts with a built-in mask and is owned and operated by the Company.
  2. The Website and/or the Company and/or anyone on their behalf will not be responsible and will not bear any direct, indirect, consequential or special damage caused to the user or a third party, as a result of using the site.
  3. For any question and / or clarification and / or inquiry, you can contact the company directly by email at: colacovid@gmail.com
  4. These regulations anchor and constitute the legal basis for bookings and browsing the Website and only regulate the relationship between the Company and the browser on the Website and/or the Customer’s purchase of Products via the Website.
  5. Every browser on the Website and/or Customer purchasing Products via the Website hereby declare that he has read these Terms of Use and that he agrees to all its provisions and all the terms of use of these Terms of Use, and that he or anyone on his behalf will not have any claim and/or demand and/or lawsuit against the Website and/or the Company and/or the management of the Website and/or any of its managers and/or employees, in all matters relating to the provisions and conditions of these Terms of Use.
  6. The Company reserves the right to change the Terms of Use from time to time at its sole discretion without the need to give notice and/or prior notice.
  7. The prices of the products include VAT according to the law.
  8. The Company’s computer records only, regarding the actions performed through the Website will constitute evidence of the execution of actions on the Website.
  9. The Product images displayed on the Website are for illustration purposes only and do not obligate the management of the Website at all. It is also agreed and clarified that the Company will make its best efforts to present its Customers with as accurate pictures as possible.
  10. The Company does not undertake to keep stock of all the Products whose pictures appear on the Website.
  11. The Company does its best to ensure that the information displayed on the Website is the most complete and accurate information but it is hereby clarified and emphasized that inaccuracies or errors in good faith may appear on the Website, and the Company will not bear any responsibility arising from or related to such errors.
  12. All prices on the website appear on the Products and are denominated in new shekels. Prices include VAT, if applicable by law, as well as “basic delivery” and do not include “box” or “generation to generation” shipping fees.
  13. The management of the Website may update the prices of the Products on the Website and the shipping rates from time to time and without the need for prior notice. The price valid in relation to the order placed is the price published when completing the order process only (including the provision of credit card information). If the prices are updated before the ordering process is completed, the Customer will be charged according to the updated prices.
  14. The management of the Website may offer promotions, benefits and discounts on the Website or in any other means of communication – including telephone, e-mail or text message. The management of the Website may at any time terminate these promotions, benefits and discounts, replace them or change them, without the need to give any prior notice thereof.
  15. The Terms of Use of the Website apply to the use of the Website and the services included in it using any computer or other communication device (such as a cell phone, various PDAs, etc.). They also apply to the use of the Website whether through the Internet, or through any other network or means of communication.
  16. When updating the shopping cart, the Company reserves the right to send a reminder to the user about the full basket, by sending an email to the address entered.

 

Execution of Orders Via the Website

  1. You are asked to read these Terms of Use in full and carefully, as a pre-condition of the engagement between the Parties.
  2. The Website is used to purchase Products by the public who browse the Internet in Israel and those 18 years and older, have an e-mail address on the Internet in Israel and have a residential address in Israel, and those who have a valid credit card in Israel are entitled to purchase the Products.
  3. A prerequisite for the validity of the transaction pursuant to a Purchase Order’s is the approval of the credit card company for the transaction, and in the absence of such approval, the transaction does not have validity.
  4. In a regular sale, a limited amount predetermined Products whose prices are predetermined are offered for sale. The sale process will be carried out under the following conditions:
  5. The store will present a list of Products including all details about the Product and the price as predetermined, and the sale is until the inventory is finished.
  6. After adding the requested Products to the “shopping cart”, the User will continue on the “Shopping Cart” page to “Purchase Confirmation”, where he will fill out his full details and provide credit card information with which he will pay for the product, and then the online purchase process will end.

Return of Products

  1. Product replacement will be possible by displaying the purchase invoice only within 14 days for Products that have not been used at all and have not been removed from their original packaging. A refund will be legally provided within 7 business days, for a purchase amount greater than NIS 50. A refund will be provided according to the payment method the Customer has paid. For cancellation of a transaction, 5% or NIS 100 will be deducted, according to the lowest of them.
  2. In addition, in the event of a Product replacement/return, the Customer will be charged a shipping fee of NIS 20 each way.
  3. Credit to be given is personal and cannot be transferred or sold to another.
  4. Replacing a Product will be of value at the time of the exchange.

Cancellation of a Transaction and Policy for Returning Products

  1. As a general rule, the Customer may cancel the transaction subject to and in accordance with the provisions of the Consumer Protection Act 1981 (hereinafter: http://www.consumers.org.il/category/deal-annulment-regulations)
    40. If the Product is provided to the Customer, the Customer has a duty to return the Product to the Company itself. It is agreed that the Customer will return the Product in its original packaging in its original packaging and without any harm and/or damage and/or defect of any kind.
    41. It is agreed that the Customer will be charged full payment for a postage fee if the Product has already been sent to the Customer.
    42. The Company may cancel a transaction or sale in all or in part in the following cases:
    A. There has been a mistake, whether with respect to the price of the Product or in the Product description.
    B. In the case of a higher power, an act of war, animosity, terrorism and/or anything else that would prevent the proper execution of the sale process.
    c. A notice of cancellation of the sale will be sent to the Customer by phone and/or email to the address entered on the registration page.
    D. In the event that the Product is sold out of stock after an order has been made, the Company may cancel the sale and/or offer an equivalent alternative Product. Such cancellation notice will be made in writing or by telephone.
    43. Cases in which a transaction cannot be cancelled:
    http://www.consumers.org.il/category/cases-for-no-annulment-rights

Delivery of Products

  1. The Company will provide the Product ordered to the address as entered by the Customer on the registration page, within the date specified on the page showing the Product, unless otherwise expressly stated, and after the credit company’s approval of the transaction.
  2. The Company and/or Website will not be responsible for delaying the delivery of the Product in the following cases:
  3. Any case of force majeure, including but not only, war, hostilities, emergencies and natural damage.
  4. A strike by the companies transporting the Products.

Postage

  1. The “Standard Shipping” shipping fee is included in the Product price. If the Customer wishes to upgrade the type of shipment, he will do so on the “Shopping Cart” page where he will find a price next to each shipping type and that price will be added to the final amount to the payment.
  2. In the sale of payments, the Company and/or the Website may charge the shipping fee at the first payment.
  3. The Customer will be entitled to collect the product directly from the Company, in advance with the Company.
  4. It is agreed that in the event that the Customer collects the product directly from the Company, the Customer will not be charged any delivery fee.

 

Intellectual Property

  1. Intellectual property rights, including the copyright, models, methods and trade secrets, whether patented, whether a pending Patent or not registered at all, will all be the property of the Company only. These rights apply, among other things, to the data on the site, including the Product list, description and design of the clothing, and any other details related to the Products and the operation of the Website.
  2. Do not copy, reproduce, distribute, sell, market and translate any information from the Website, including trademarks, images and texts, clothing design, clothing photos, Product images, etc., without the Company’s permission in writing and in advance.
  3. No commercial use of the data published in the database, the list of Products listed therein or other information published therein without the Company’s written consent is not made in advance.
  4. Do not use any data published for viewing on the Website without the Company’s written consent in advance.
  5. The name Smartout Technology and/or all of the col-a-covid as well as the url, the trademarks (whether registered or not) are the property of the Company only. They should not be used without the Company’s written consent in advance.
  6. All verbal content, icons and any information and/or display that appear on the Website, including graphics, design, verbal display, trademarks, logos including editing and viewing them on the Website, are solely owned by the Company. 
  7. The website services should only be used for legal purposes.
  8. Do not copy and use, or allow others to use, in any way, content from within the Website, including on other websites, electronic publications, print publications, and so on, for any other purpose.
  9. Content from the Website should not be displayed in any way – including through any software, device, accessory or communication protocol – that changes their design on the Website or detracts any content from them, especially advertisements and commercial content.

Liability for Website, Content and Products Displayed on the Website

  1. The content displayed on the Website is to be used “as is” (AS IS). The Company does not guarantee that the content displayed on the Website and the Products purchased by the User through the Website will meet the needs and expectations of the User. The Company makes no commitment or representation that the content displayed on the Website will be reliable, available, accurate and/or that they will be free of harmful ingredients such as viruses, trojans horses, and the like.
  2. The Company is making all efforts to ensure that the Website and the system operates properly and continuously. However, the Company does not undertake that the Website and the system will operate continuously and/or without interruptions, and does not warrant that the Website’s activities will not be interrupted or interrupted, that there will be no errors in the content appearing on the Website and that there will be no damage or faults to the Users or software, hardware and communication lines to be used.
  3. The User is responsible for taking all necessary measures to prevent the disclosure of User information. The Company will not bear any liability and/or responsibility in relation to the disclosure of User information that will be noted on the Website or in relation to any use of its privacy.
  4. It is emphasized that the Company will not bear any liability and/or liability for any damage, direct or indirect, which may be caused to any of the Users as a result of the purchase of the Products and/or browsing the Website and/or the use of the content displayed on the Website, including any damage caused to software, hardware or databases, damage that may be caused by the disclosure of User information including any data the User enters when signing up to the Website, purchase of Products through the Website, based on the content displayed on the Website or any other damage related to the use of the Website.
  5. Without derogating from the foregoing, it is agreed that in any case, the aggregate financial liability which the Company will bear, including tort, contractual or other liability, in relation to any action and/or omission carried out in connection with the Website and/or purchase of Products through it, will not exceed the amount of compensation paid and/or the User was supposed to pay the Company for the Product he purchased and/or sought to purchase and/or in relation to the actions taken in order to purchase it and/or the actions taken to purchase it and/or any third party.
  6. In the event that the User receives, through the Website, any information or advice, the Company will not liable with respect to any use of the User’s use of the same information or advice. Therefore, any use by the User of any such information or advice is at the User’s own risk.
  7. It is hereby emphasized that although the Company takes acceptable measures to secure the Site and the content displayed on the Website, the Company cannot guarantee that no intrusions will be made to the Website, that no information presented on the Site will be disclosed, that there will be no disruptions or interruptions to the Website’s activities. The Company does not undertake that unauthorized intrusion into the Company’s computers or and/or computers of Users will not occur. To the extent an intrusion into the Website occurred and/or a third party accesses information  presented on the Website, including information belonging to or concerning to Users, and used in any use, the Company will not bear any liability and/or liability for this.
  8. It is hereby emphasized that the Products offered for sale on the Website are classified as clothing and do not constitute or constitute in any way and/or will be defined differently from their definition as clothing including and in particular will not be defined as a product that protects against the Covid-19 virus and/or as a product that is used to protect against the Covid-19 virus.
  9. It is hereby emphasized that the mask built into the Product is used for its purpose in covering the lower part of the face and nose and for this purpose only. 
  10. It is hereby emphasized that the mask does not protect a medic from the Covid-19 virus and/or any other virus and/or anything else, and the Company undertakes no obligation in any way to any protection, one way or another, to the Product Customer who uses the mask.
  11. The Customer will have no claim and he waives any claim against the Company in advance due to the covid-19 virus.
  12. The Customer will have no claim and he waives any claim against the Company in advance due to the nature of the mask, the quality of the mask, the degree of protection the mask provides against viruses (when it is clarified that the Company does not undertake any degree of protection that the mask provides), the manner of wearing the mask, the risk of suffocation, the risk of infection with the Covid-19 virus and/or any other virus.

Privacy Policy

  1. The Company recognizes the importance of protecting the privacy of users on the Website it operates and manages (the Website”). Your use of the Website and/or your registration for services on the Website and/or making a purchase by you on the Website constitutes your consent to any use of the information collected about you as set forth in the Terms of the Privacy Policy below.

Databases

  1. The information that an order will provide at the time of purchase on the Website and any information collected about an order in connection with orders made and/or Products purchased will be kept in the Website’s databases. The Website will use the information in accordance with this Privacy Policy and in accordance with any law.

Use of Information

  1. The Company may make any use of the information required for the provision of the services requested by the Customer, including for the purpose of handling orders to purchase the Products. The Company may permit access to information in the databases and/or transfer the information to any third party in accordance with the type of services and/or such bookings, as well as for the purpose of operating, developing and improving the Website and services. The Company may also use the information to contact the Customer in any of the means of communication provided by the Customer on the Website, including by way of direct mailing and direct mailing services in order to offer any service and/or product and/or other information that appears to the Website that may match and/or interest the Customer in accordance with the targeting of information found with the Customer and any service and/or Product and/or other information at the discretion of the Website. The Website may contact the customer himself and/or through anyone on his behalf, as well as pass the information on to any third parties so that they can contact the Customer and offer him such services and/or Products.
  2. Any Customer may at any time contact customer service and request not to receive offers of additional services and/or Products beyond the actions and/or purchases made on the Website.

Advetising Materials

  1. If the User and/or the Customer approves the promotional material delivery section on the Website, the Company may send the Customer/User any advertising and/or marketing information to the Customer and/or third parties, at its sole discretion, and using any of the electronic communications provided to it by the User/Customer when using the Website or at a later date, including e-mail messages and SMS.
  2. If a section is approved to send promotional material by a Customer, and does not wish to receive the promotional information or that he wishes that the advertising information be sent to him only to one or more of the media, the Customer must contact the Company directly at the email address: col-a-covid@gmail.com and detail his request.

Using Information for Statistical Purposes

  1. The Company collects and analyzes information regarding the scope of use of the Website, the frequency of its use, the sources of access of users of the Website, and more. For this purpose, the Company uses various tools at its disposal to help it monitor the patterns of activity on the Website, the extent to which the various content and services are used on the Website, and the purchase of Products on the Website. The processing of information is intended for the purpose of control, research, maintenance, protection and improvement of services provided on the Website and does not personally identify the User.
  2. The Website uses “cookies” to collect statistics regarding its use, to tailor the Website to the user’s personal preferences and to help operate the Website. “Cookies” are text files that the User’s browser creates on command from the company’s computers and keeps the hard drive on the user’s computer. These files contain a variety of information such as the pages visited by the User, the amount of time they stayed on the site, where it came from, content and information that the User wishes to see when you log on to the Website, and more. The information in cookies is encrypted, and the Company takes precautions to ensure that only the Company’s computers can read and understand the information that is collected in them.
  3. If the User does not want to receive cookies, they can avoid this by changing the settings in their browser. To do this, he must consult the browser Help file he is using. However, the User should remember that disabling cookies may result in them not being able to use some of the services and features on the Website. The User can also delete the cookies on the computer at any moment. Since cookies sometimes prevent the user from entering usernames and passwords and can also hold other information about their preferences, it is not advisable to delete them unless the User has first stored all the information they need to use the Website in a safe place.

Privacy Policy Changes

  1. The Company may change the provisions of the Privacy Policy from time to time at its sole discretion, including provisions related to the use of the information you have provided.  

Law & Jurisdiction

  1. The law that applies to the Website, its use, terms of use and any other matters relating to the Website and the relationship between the User/ the Customer and the Company is the law of the State of Israel. The unique and exclusive jurisdiction of the Website, its use and any matter relating to it is solely to the competent courts in Jerusalem, and the parties explicitly deny the local authority of other courts throughout the country.
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