Terms of service

BENAMI — Website Terms of Use

1. Terms of Use

Terms of use of the site and acceptance of them: Browsing the benamijewelry.com site (hereinafter: "the Site") and the use of the services offered on it by visitors (hereinafter: "the End User" or "the User") are subject to the agreement set out below. Opening an account on the Site and/or making a purchase on the Site constitutes the End User's agreement to the terms of the agreement below (hereinafter: "the Terms of Use").

These terms are determined by Ben Ami Jewelry Ltd. (business no. 517050431; of Moshav Ein Iron; hereinafter: "Ben Ami Jewelry Ltd." or "the Company").

Use of the Site is permitted only subject to acceptance of the Terms of Use set out below. By using the Site, the End User declares that they have read the Terms of Use, understood them and agreed to them in full.

The End User hereby declares that they will have no claims or demands of any kind against the operators and owners of the Site, officers of the Company (including directors of the Company), their agents and/or anyone on their behalf, except insofar as these relate to a breach of the Company's obligations under this agreement.

The Company reserves the right to change the Terms of Use at its sole discretion from time to time, as it sees fit. Such changes shall apply only to transactions, purchases and services acquired after that change.

This agreement is worded in the masculine form for convenience only and refers to women and men alike.

2. General

2.1 The Site provides electronic commerce services and online transactions over the internet in the field of lifestyle products and quality products.

3. Who May Use the Site and Registration

3.1 The Company may, at its sole discretion, prevent any End User from using the Site; this includes the Company's right to block access by any End User.

3.2 An End User who wishes to use the Site may open an account on the Site. Registration on the Site is personal, and the End User may not transfer the account to anyone else, whether for consideration or not. The User is responsible for every action taken from the user account.

3.3 Securing the account details is the responsibility of the End User and theirs alone. Any action performed by the user account shall be binding, and the Company is not responsible for any damage caused as a result of theft of the account details (hacking of the account) caused by negligence on the part of the End User in safeguarding the account details.

3.4 Opening a user account is permitted only to a person with legal capacity under the law. Upon creating an account on the Site, the User declares that they have legal capacity and that there is no impediment to their entering into lawful commercial contracts. Use of the Site by minors, meaning those who are not at least 18 years old, is subject to the approval of their parents and/or legal guardian, and it is their responsibility to ask their parents and/or guardian for permission to register on the Site before using it. It is clarified that use of the Site constitutes the User's declaration to the Company that they are legally competent to enter into transactions and that they have received the permission of those whose permission is required by law and by this agreement.

4. Costs and Payment for Use of the Site

4.1 The Site offers several methods of payment by End Users. These methods include secure pages for purchase by credit card.

4.2 The End User declares that the details appearing in their user account are up to date and correct, including contact details and means of payment; the User declares that these details are valid and undertakes to update them should any change occur.

4.3 Taxes:

4.3.1 Taxes for which End Users are liable as a result of a purchase on the Site shall apply to them.

4.3.2 The Company is not responsible for and shall not bear payment of any tax in respect of the transactions carried out on the Site.

5. Purchases and Transactions Through the Site

5.1 The policy for returning products/services on the Site is subject to the Consumer Protection Law of the State of Israel:

5.1.1 For any payment made, the customer shall receive the service/product they purchased on the Site in accordance with the terms and rules published on the Site, and in particular on the page on which the purchase is made.

5.1.2 If the customer makes a payment for the purchase of any product/service on the Site and for any reason does not receive it in accordance with the terms and rules appearing on the Site, the customer shall be credited in full for that payment.

5.1.3 In accordance with the provisions of the Consumer Protection Law, a refund will be given for the cancellation of an in-person transaction made within 48 hours of the time of purchase. A refund will be given for the cancellation of a distance-selling transaction (a purchase on the website) made within 14 days of the time of purchase. The refund is conditional upon the return of the jewelry and its original packaging to the Company, and subject to inspection and confirmation that they are intact and complete. Cancellation fees are 5%. Return shipping costs NIS 35. If the piece is being shipped back due to a fault on BENAMI's part, the shipping cost will be borne by the Company. Alternatively, you may come to the store in Moshav Ein Iron.

5.1.4 The right to cancel a transaction does not apply to jewelry that was made to custom order, personally designed, or personally engraved. Every ring is made to the customer's individual finger size. Accordingly, no returns or exchanges will be given on rings made to an individual size.

5.1.5 The Company reserves the right to update the prices of the jewelry offered for sale on the website and in the physical store at any time and without prior notice. Price updates result, among other things, from changes in production costs and fluctuations in world gold prices. It is clarified that the final and binding price for the transaction is the price displayed at the time of payment.

6. The Company's Liability

6.1 It is clarified that use of the Site is at the End User's own responsibility and that they shall bear all risks arising from use of the Site.

6.2 There may be interruptions and malfunctions in the use of the Site. The Company and/or anyone on its behalf and third parties who supply content to the Site are not responsible for such malfunctions and disruptions. Likewise, the Company and/or anyone on its behalf, including third parties who publish content on the Site, are not responsible for the reliability of the content or its truthfulness, even after it has been supplied.

6.3 The Company shall not be liable on any legal basis (torts, contracts, unjust enrichment and the like) towards End Users and/or any other person, directly or indirectly, whether or not damage was caused to them, and for any claim in respect of the use of the Site and/or the services offered on it, including the inability to use the Site and/or the services offered on it. The Company shall not be liable for damage caused to the End User as a result of use of the Site, damage to information on the User's computer or to the computer itself and the like, whether foreseeable or not. The End User declares that the entire and exclusive responsibility for the use of the Site rests with them.

6.4 Use of the Site is subject to all applicable law, and the Company shall not be liable for misuse of the Site or for unlawful activity carried out by End Users.

6.5 The Site may display links to external sites that are not operated by the Company. It is clarified that the Company is in no way responsible for the content, details and/or reliability included in these links. It is further clarified that the Company shall not be liable for damages caused as a result of these external links.

6.6 Without derogating from all of the above, in any event the liability of the Company (Ben Ami Jewelry Ltd.) shall be limited to the amounts paid by the End User and shall not exceed the total payments made to the Company by the End User during the three months preceding the event that is the subject of the claim against the Company.

7. Intellectual Property

7.1 The Site, the trademarks and all intellectual property rights in the Site belong exclusively to the Company (Ben Ami Jewelry Ltd.), unless expressly stated otherwise. Accordingly, any copying, distribution, transmission, publication, transfer and use of all content appearing on the Site, in whole and/or in part, without the express prior written permission of the Company, is prohibited. Breach of this section may cause harm to the Company's intellectual property, will expose the infringing party to fines under any law, and will constitute grounds for a civil action under any law.

7.2 End Users shall not make any use of copyright-protected materials without the express permission of the lawful owners of those intellectual property rights. The Company is not responsible for any damage caused to the owners of such intellectual property rights as a result of such an infringement by End Users. It is clarified that the Company shall be entitled to remove information that, in the Company's opinion, infringes intellectual property rights and breaches the provisions of this section.

8. Prohibitions

8.1 Use of the Site to carry out the following actions is absolutely prohibited:

8.1.2 Fraud of any kind and actions connected with fraud and/or a criminal offence (for example, the sale of stolen goods and/or transactions contrary to public policy and/or any unlawful activity).

8.1.3 Infringement of the rights of any third parties. For example (but not only): infringement of trademarks, patents, trade secrets and other intellectual property rights of any kind.

8.1.4 Infringement of a person's privacy. For further information on the Site's privacy policy, click here.

8.1.5 Use of the Site to publish defamation, or publication that constitutes harassment of a person.

8.1.6 Publication of offensive content or content of a sexual-pornographic nature.

8.1.7 Publication and/or sale of content, software and other means that could be used by anyone for unlawful activity in information systems and databases, for the theft of End Users' personal information and the like (Malware).

8.1.8 Publication of links to external sites that may harm or cause damage to the Site and/or the Company and/or render it liable under the law.

9. Miscellaneous

9.1 Interpretation: Section headings are for convenience only and shall not be used to interpret the Terms of Use.

9.2 Nothing in the Terms of Use shall derogate from any right of the Company and/or other remedies to which the Company may be entitled.

9.3 The Terms of Use of the Site constitute an agreement between the Company and End Users. This agreement does not confer rights and does not constitute a contract towards any third parties.

9.4 No act or omission by the Company shall constitute a waiver of any right and/or remedy as stated. The Company's actions or omissions cannot serve as a precedent for other cases and shall not prejudice the Company's ability to exercise its rights as it sees fit. Claims of waiver or estoppel of the Company's rights shall not be heard.

9.5 Jurisdiction:

9.5.1 This agreement and all activity on the Site are subject to Israeli law and Israeli law alone.

9.5.2 Local jurisdiction: The competent court (by subject matter) in Haifa shall have sole and exclusive jurisdiction to hear any matter, application or claim filed in connection with the use of the Site and/or the Terms of Use.

9.5.3 The invalidity or unenforceability of one or more sections of the Terms of Use shall not void, change or affect the other terms and obligations under this agreement. An unenforceable provision shall be replaced by a provision as close as possible to the original, in a manner that corrects the defect on account of which it was voided.

9.6 Correspondence:

9.6.1 Notices delivered to the Company at the email address mikabenami@gmail.com and/or to the address recorded in the Terms of Use shall be deemed to have been received one day (twenty-four hours) from the time of sending, unless a notice of error or mistake in the email address has been received.

10. Confidentiality

10.1 The Company takes customary precautions in order to maintain, as far as possible, the confidentiality of information. In cases beyond the Company's control and/or arising from force majeure, the Company shall not be liable for any damage of any kind, direct or indirect, caused to the customer if this information is lost and/or used without authorization.

10.1.1 The Company undertakes not to make use of the information supplied to it by customers other than to enable the purchase in the virtual store and in accordance with any law.

10.1.2 The Company does not store credit card numbers on its computers.

10.1.3 In order to process payments online, the Company uses a third-party company ("PayPlus") and transfers the customer's credit details to it. The company is secured at the highest security level and complies with the PCI DSS Level standard.

10.1.4.1 The Site supports a variety of means of payment: Visa credit cards, Mastercard, Leumi Card, American Express, Diners, and bank transfer via Masav using bank standing orders.