The Website and the Company’s Policy
Welcome to the Hagor website at http://hagor.co.com (hereunder: “The Website”) managed and operated by the Hagor Industries Ltd Company, Co. No. 51-0856313 of 13 Shankar Street, Petach Tikva (“The Company”). The website constitutes a virtual store to sell various products marketed by the Company.
Access to the website and use thereof is subject to these Bylaws (hereunder: “The Bylaws ”), regulating the relationship between the Company and the user of the website (hereunder: “User” or “Customer” or “You”). Registering with the website or merely using it attests to the User consenting to the Bylaws , and therefore you are required to read it carefully.
1. Placing an Order on the Website
1.1. You can purchase up to 5 (Five) products in the framework of one transaction on the website.
1.2. Any individual 18 years and older, competent to execute binding legal actions himself, holding a valid Israeli or international credit card, lawfully issued in Israel or overseas by one of the credit card companies and honored by the Website may use the Website services.
1.3. To place an order for a product, you must choose the product and type in basic details on the action page such as your name, address, email address, telephone number and credit card number. After filling in all the details the surfer becomes a “Buyer”. The Company is not liable for filling in mistaken details and for any faults that occur as a result thereof, and will not bear any expense related thereto.
1.4. Remitting false details is a criminal offense and the offender can expect to be exposed to legal proceedings – criminal and civil. The Company reserves the right to cancel an order in any case false, partial or inaccurate details are submitted.
1.5. A precondition to making a purchase on the website is the credit card company’s approval, through which the user undertook to make the payment.
1.6. The Company may, at its sole discretion, conduct authentication transactions (j5) with respect to the user’s credit card. The transaction authentication is intended to authenticate the propriety of the user’s credit card and clearing possibility according to the predicted transaction amount. It is stressed that at the time the transaction is being authenticated, the monetary charge is not actually collected, however this amount is deducted from the obligo (the credit cap) of the credit card.
1.7. The order confirmation will be sent via email within 72 hours of the order being approved.
1.8. The Company’s data processing computer records, keeping computerized records of all the transactions on the website as stated above will constitute prima facie proof of the content therein.
1.9. In the case the transaction is not approved by the credit card company, the User will receive a suitable notice. For the purpose of completing the purchase, the User will be required to contact the Company’s customer service call center to regulate the credit card company’s approval to execute the transaction. The order and purchase action will be considered completed only after the credit details are authenticated and confirmation of payment by the User and the credit card company. In any case, the shipping dates will be calculated only from the date the transaction is approved by the credit card company. Without the credit card company’s final approval of the transaction, the order will be cancelled, and the Company will not have any obligation toward the User or any third party in any way, including saving the product in the Company’s inventory.
1.10. The Company is not liable for inputting mistaken details and for any faults that occur as a result thereof, and will not bear any expense related thereto.
1.11. The pictures displayed on the website are solely for illustration purposes and differences may occur between the appearance and the products specification as they appear in the picture and the actual products. Insofar as any mistake was made such as in the description of an item or its price, this will not be binding upon the Company, and in any case the Company will not be held accountable for any amount exceeding the value of the item being purchased and for any damage that is not direct and/or consequential. Without derogating from the provisions above, it is agreed and clarified that the Company will try to do its best to display as accurate as possible pictures and information.
1.12. The sale through the website will be subject to the existing inventory in the website’s warehouses. The Company does not undertake to keep inventory of all the products that appear on the website.
2. The Price of the Products, Offers and Discounts
2.1. The product prices include VAT according to the rate prescribed in the law at that time, however, does not include shipping fees. The shipping fees cost varies according to the type of order, quantity, type of product etc., whereby the shipping fees will be determined at the time the order is placed, in particular with respect to shipping and delivery overseas.
2.2. The Company may publish and/or offer users of the website offers and/or discounts and any other benefit pursuant to terms to be determined by it and at its sole discretion. The Company will be entitled to end any such benefit immediately and without any advance notice.
2.3. As a general rule there will be no double discounts/benefits on items sold on the website (unless stated otherwise). In general, coupons granting a discount and/or benefit on items on sale cannot be realized. The terms to realize coupons and/or offers change as will be detailed in the publication of the coupon and/or offer. Your attention is drawn to the fact that coupons can only be realized when making a purchase on the website.
2.4. It is clarified that in the case an item that was purchased at a discount/ benefit or use of a couple is returned, the amount to be refunded to the customer will be the amount actually paid after the discount/ benefit, no refund will be given on coupons.
2.5. The offers published on the website are valid on the website only.
3.1. The Company will ensure to deliver the product to the address referenced in the order by and no later than 21 business days of the day the credit card company’s approval is received pertaining to receipt of the full payment for the product.
3.2. The Company is not and will not be at any point in time responsible for delays by the shipping company and/or Israel Post, as applicable and in any case the delivery time is an estimated time and changes may apply that are independent of the Company but rather related to a “force majeure”, war, strike, quarantine, order quantity etc. These days will not be counted as part of the number of business days stated in these Bylaws and the delivery date will be deferred by such a number of days.
3.3. Similarly, it is hereby agreed that in regions that are security sensitive or any other hindrance preventing the delivery of goods to the customer’s address, the Company may deliver the product to a user at an adjacent and acceptable place and this upon coordinating this in advance.
3.4. The shipping fees will be added to the payment for the order.
3.5. In any case of a delay in delivery of a product exceeding the delivery date stated in these Bylaws , the Company will give notice of the new delivery date so long as this date is not later than an additional 14 business days. In the case of a delay in delivering the product the purchaser will not have any argument of any type and/or kind in relation to the delay in delivering the product.
3.6. The Customer is responsible to verify in advance and before arrival at the Company that the product is in fact in stock and available for collection, the Company will reserve the product for the customer only if an order was placed and payment was actually made via the website and not in a telephone conversation.
4. Cancellation of Transaction Policy
4.1. A users who placed an order on this website may cancel the transaction according to the provisions in the Consumer Protection Law, 5741-1981 (hereunder: “The Consumer Protection Law”) and the regulations enacted pursuant thereto, upon giving notice to the Company as required under the law, including but not limited to by email to the Company’s firstname.lastname@example.org this within commencing from the day the transaction is executed and up to 14 days of receiving the product, whichever of the two is later, in its original packaging and no use whatsoever was made of the product, without removing a label, a copy of the invoice attesting to the purchase of the product on the website, value of the product exceeds 50 New Shekels. The cancellation notice will contain the following details: Full Name, Telephone Contact Details, Address, Electronic Mail Address. The original invoice was presented for the payment for the product.
4.2. In the case of purchasing shoes/clothing, the cancellation right is up to and no later than two business days of receiving the product. In the case of other products up to and no later than 14 days of the date the product is received.
4.3. In case of a cancellation, the Company may charge a cancellation fee of a rate of 5% of the price of the product (excluding shipping fees) or 100 New Shekels, whichever is lower.
4.4. Any monetary refund to be given by the website will only be refunded to the credit card used to pay for the purchase, and according to the credit card company’s schedule, and will be made within 14 days of receiving the product returned to the Company.
4.5. The right to cancel the transaction will not apply to products detailed in the law, and inter alia in the following cases: products that were ordered and assembled especially for the consumer due to the order and/or products that were disassembled and assembled (for example: tent, grill, hammock etc.).
4.6. It is agreed between the parties that the customer will be charged the full payment for shipping fees even if the product has not yet been received, and this in the event the product was sent. Similarly, the customer will incur the cost of returning the product to the company at its expense and the shipping fees will be paid solely by the customer.
4.7. In any case the Company will not be liable when the cost in the framework thereof exceeds the value of the product being purchased and for any damage that is not direct and/or consequential damage.
4.8. The Company is not responsible for the use to be made by the user not in accordance with the manufacturer and/or the Company’s instructions, including washing instructions and/or any other instruction concerning the use of the product.
4.9. According to the Ministry of Health’s directives certain items (such as underwear and swimwear) – cannot be returned /exchanged. In the case of cancelling an order due to a defect in the product or incompatibility between the product and the times delivered to the user concerning a product or due to non-delivery of the product or service on the date determined to do so or other violation of the contract terms (“incompatibility”) the Company will return the full amount paid by the user including the delivery fees and this within 14 days of receiving the product back from the user.
4.10. In the case of a delay and/or hindrance due to factors or events, not within the Company’s control, and/or if faults occur in computers and/or the telephone systems and/or the telecommunication systems preventing the completion of the purchase process, the Company may give notice that the transaction is cancelled (in its entirety or in part). In such a case the Company will refund the User any amount paid by it for this transaction (in its entirety or in part) or will cancel the card debit action and/or credit cards used to execute the transaction.
4.11. In the case there is a mistake in printing and/or clerical error and/or slip of the pen in the description of the product and/or its price and/or delivery dates and/or any other information relating to the product, the Company may cancel the transaction that was concluded and cancel the card debit action and/or the credit cards of the User or refund any amount paid by it to the User for this transaction.
4.12. In the case there is an error in the advertising of a product with respect to its description or price or alternatively it was discovered that the details completed on the website by the User are incorrect then in such cases the Company will be entitled to cancel the transaction.
5. Customer Service
Any question or inquiry with respect to products displayed on the website, including with respect to the technical specification of the product, information or operation of the product, warranty and suchlike, can be referred to Hagor via email at:email@example.com by telephone 1700-707-880.
6. Intellectual Property
6.1. All the rights, including but not limited to intellectual property rights on the website in services, content, designs, applications, tools and in other components on the website belong to the Company and/or third parties who authorized the Company to use them. The phrases “content” or “contents” mean any information of any type and kind including (but not only): any document, record, picture, photocopy, illustration, animation, chart, figure, clip, voice file, software, file, computer code, application, format, protocol, database, user interfaces and any character, mark, symbol and icon; all on any medium whatsoever.
7. Prohibited Use of the Website
By making use of the website the Customer undertakes, inter alia, that while making use of the website and the services, it will commit and will not allow others to commit any of the following actions: (a) to make use of the website for advertisements and/or commercial needs / content (b) use of displayed names and trade marks (whether registered or not); (c) use of the website by such a manner that changes the website’s design or removes any content, including on the website, without obtaining the Company’s consent and/or the consent of the rights owners therein in advance and in writing, as applicable (d) operating any computer application or any other means to search, scan, copy or automatically restore content (e) copy, re-edit or publish content appearing on the website (f) transferring in any way content from the website (g) distribute “spam” or any use intended to follow or harass another individual in any way (h) use on behalf of an other person, impersonating another or use of another person’s data, including a card of another and (i) any action that is contrary to the provisions in the law or that may infringe the rights of third parties; and the customer will not allow others to carry out any of the said actions.
8.3. Unless defined otherwise, the phrases defined in the Bylaws will have the same meaning as those described in the Bylaw s .
9. The Information that we the Company Collect
9.1. We at the Company are interested in clarifying for you the type of information that we collect when use is made of our services. How the Company collects it, makes use thereof, shares the information with third parties, saves it, processes it etc. As a general rule the purpose of collecting the information is to improve the service and offer a better service insofar as possible.
9.2. In the framework of using the website or registering for the services offered thereon, you may be requested to provide the following details to the Company or some of them about you, including your name, email address, telephone number, private address, work address, credit card details, identity card number and additional identifying details, as required from time to time. It is stressed that you are not obligated by law to remit this information to the Company, and the information given and to be given is of your free will and with your full consent.
9.3. Similarly, while using the website information may be accumulated regarding your habits, the manner you use the website, your IP address, location, businesses you ate at, products and services you purchased, information or advertisements you read on the website, the pages you viewed, the offers that interested you, the form of payment you used etc.
10. Use of Information
11. Safety of the Information
11.2. Notwithstanding the provisions above, the Company may transfer to third parties your personal details and the information collected about you in the cases detailed below: (a) to the Company’s service providers, so that the Company can render services to you; (b) in the case you violate the website’s Bylaws or you commit, through the website or in connection with it, actions contrary to the law or an attempt to commit such actions; (c) if the Company receives a judicial order instructing it to remit your details or information about you to a third party; (d) in the case the Company believes that remitting the information is necessary to prevent serious damage to your person or property or to the person or property of another; (e) if referring to statistics about the use of the website, that is not identified with you personally; and (f) in the case of the sale of the Company shares or the majority of its assets, insofar as remitting the information is necessary to execute such a transaction.
12.2. If you do not wish to accept Cookies, you can avoid this by changing your browser’s settings. To do so please use the browser’s help file. Remember, nonetheless that neutralizing Cookies may prevent you from using some of the services and features on the website or on other websites.
13. Other Websites
The website is likely to include links to pages, applications and various websites on the internet network that are not managed and/or operated by the Company and/or by anyone on its behalf. It is stressed that any such third party website may collect your personal data and use it in a manner that is different from the Company. The Company does not control and/or supervise such pages and websites. The use of these pages, applications and websites is subject to the privacy terms appearing in them, and to the Company’s privacy terms and therefore the Company does not bear liability for any action relating to information collected on other websites.
14. Liability and Indemnification
14.2. Without derogating from the provisions above, it is clarified that using or making a purchase through the website not pursuant to the provisions in these Bylaws, will grant the Company the right to cancel the order that was placed not pursuant to such Bylaws.
14.3. Every product comes with an external certificate of warranty in its original packaging, the warranty terms are determined in the certificate of warranty with regard to each product separately. The certificate of warranty is published for each and every product on the Website.
14.4. The warranty does not cover damage caused to products in transit and/or shipping. Furthermore, the Company is not liable for breakages of any type and/or erosion and/or tears in the products of the Company of various types, including and without derogating from: clothing, tents, backpacks and bags. Similarly, the Company will not be liable for damages deriving from incorrect and/or unreasonable and/or not natural use and/or having a product repaired not by an authorized repairer on the Company’s behalf and/or service of any type of a product by a third party.
15. Notice and Removal
15.1. The Company reserves its right to remove from the website, inter alia contents which third parties argue infringe their intellectual property rights or other rights.
15.2. If you believe that certain content appearing on the website infringes your intellectual property rights or that of a third party or violates another provision these Bylaws, you are asked to contact the Company via electronic mail and reference the following details: (a) your full details and your contact details (your full name, address, telephone number, email); (b) exact identification of the content you argue infringes the rights and a detailed explanation as to how it infringes the rights; and (c) a declaration signed by you stating that to the best of your knowledge the information remitted by you is complete and correct. The Company will respond at its discretion after examining the matter and reserves its right to receive clarifications and/or additional details from you in connection with the above before making its decision.
16.1. The Company may, at its exclusive discretion and with no advance notice, change from time to time the structure of the website, its appearance and design, the scope and availability of the products, and will be entitled to charge a fee for such or other services for the sale and/or delivery of the products at its sole discretion, or to change anything and/or any other aspect associated with the website (including absolute termination of the sale of the products and/or rendering of the services in relation thereto), and all as stated above – without any advance notice. By their very nature, such changes may involve faults and inconvenience. The customer and/or anyone on its behalf will not have any claim and/or argument and/or demand against the Company and/or anyone on its behalf for such changes and/or faults that occur due to or incidental to such changes being made.
16.2. The Company may, at its sole discretion, change all or some of the provisions in the Bylaws, without the need to give any advance notice. Any update to the Bylaws will be binding upon all the users of the website commencing from the time it is published on the website.
16.4. The Bylaws constitute the full legal agreement between you and the Company in connection with your use of the website, and the purchase of the products subject to its provisions.
16.5. In the event it is determined that any part of the Bylaws is invalid, or unenforceable, then the terms that were rendered invalid or unenforceable will be deemed to have been replaced with valid terms that are enforceable whereby their content corresponds with the intention of the original terms, whereas the rest of the Bylaws will remain valid verbatim.