Shopex Ltd. ("Shopex", "us", "our", or "we") allows you to purchase goods and services through our website or through our mobile application (collectively "Site"). These Terms of Service ("Terms") govern your access and use of the Site and any services available on the Site ("Services"). Our Privacy Notice, available at https://www.shopex.co.il/privacy ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means an individual using the Services.
Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms and our Privacy Notice. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Services.
Shopex Ltd. is a limited liability company incorporated in the State of Israel with company number 516036399 and registered address at Helets St 14, Jerusalem, Israel. For any questions or complaints, please contact us at firstname.lastname@example.org.
Use of Services
Subject to these Terms, Shopex allows you to access and use the Site and Services on a non-exclusive basis. Shopex may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.
Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or else have your parent's or guardian's permission to enter these Terms, and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Site and/or Services.
You can access the Services without registration. To access or use additional features and Services, you will need to have a registered account. You can register by logging in through your Facebook, Gmail or other third-party login account ("Login Account") as may be permitted by Shopex from time to time. By registering through a Login Account you represent and warrant that such Login Account is yours and that you have full rights to provide us with the information in such Login Account. To complete the registration process, you must provide all (additional) registration information as requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.
Shopex may refuse to open an account for any individual or entity at its sole discretion.
You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Shopex will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Shopex harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.
Termination of Account
You agree that Shopex may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of Shopex, or (v) failure to make payment in accordance with the terms specified herein, including chargebacks, use of your chargeback rights with your credit card company or denial or dispute (of any preapproval obtained by Shopex) from your credit card company. If your account is terminated, you may not rejoin Shopex again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.
We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
You may request termination of your Shopex account at any time and for any reason by sending an email to firstname.lastname@example.org. Following such request, Shopex shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.
Orders and Delivery
Subject to these Terms, as part of the Services you may, through the Site, purchase a variety of products ("Products"), have them delivered, and view your purchase history.
When placing an order, you will be asked to specify a shipping destination on the "Order Form", subject to the addition of shipping charges as listed on the Site.
Products will be delivered directly by Shopex, as well as third party delivery services acting on Shopex's behalf. Products will be shipped within two business days of placement of the order, or within another period as listed on the Site. The timeframe specified on the Site is approximate and will begin from the date of order confirmation by the credit company relating to your payment. It is clarified that there may be delays in delivery that are dependent on the third parties not under Shopex's control, and Shopex will not be liable for the delay in delivery of the Product(s) for any reason beyond its control.
Shopex shall not be liable in any case where Products do not reach their destination for reasons related to you, including filling out the Order Form with incorrect and/or inaccurate details and/or because you were not present at the address you entered at the specified date and/or because you refused to accept the delivery. Shopex does not undertake to provide for re-shipment in such cases. In the event that Products are returned to Shopex for reasons unrelated to any errors made by Shopex or the delivery service acting on its behalf, except as otherwise set forth herein, you will be responsible for all delivery charges related to the Product refund.
Shopex reserves the right to limit the order quantity on any Product and/or to refuse service to any customer.
Fees and Payment
Payments made through the use of a credit card whose number is incorrect or which has expired or in the event that the charge exceeds the approved credit limit, will not accepted and Shopex, at its sole discretion, may restrict or terminate your account as a result. Without derogating from the foregoing and in the event that such payment has been made, Shopex reserves the right to charge any payment or commission which has not been received in whole or in part. In addition, you will be liable to reimburse Shopex for any costs and/or damages that it has paid and/or incurred as part of its associated collection efforts, including attorneys' fees. A transaction will not be considered completed until the payment has been received in full and you have received confirmation of the email address associated with your account.
You acknowledge that completion of your order is contingent upon the Product being in stock at the time of order. It is clarified that even in cases where a Product is displayed on the site as a product which is available in stock, when in practice it is not available and cannot be delivered, the order will be canceled, and you will not have any claim against Shopex in relation thereto. In such event, Shopex will refund the amount you paid for the out-of-stock Product.
Shopex offers a 12 (twelve) month payment plan, with 3 (three) months interest free.
Where applicable, taxes may also be charged. It is your responsibility to determine whether you are required to pay any applicable taxes, and to clarify such information when making a payment. Shopex does not accept any responsibility for the calculation or collection of any applicable taxes.
Refunds, Returns, and Exchange Policy
You may cancel the order you made subject to and in accordance with the provisions of the Consumer Protection Act, 1981 or alternatively, exchange the Product ordered and receive an alternative Product, all as set out below.
Requests for order cancellations, refunds, returns and exchanges will be processed after completion of the relevant form under “order history” in the account profile page. Inquiries or requests regarding cancellations, exchanges, refunds or returns may also be sent to email@example.com, by using the contact form on the Site, or by registered mail to Helets St 14, Jerusalem, Israel. Additionally, you can contact us by phone at [+972] 54 539 6568.
Any Products being returned or exchanged should be sent to our offices at the abovementioned address. When requesting a refund or exchange, please provide your full name and ID#. Except as otherwise set forth herein, you will be responsible for all delivery charges related to the return of the Product.
You will be able to return the Product and receive a refund if (a) the Product has not been damaged; (b) the Product is returned within 14 (fourteen) days of receipt; and (c) the Product is returned in its original packaging with all parts. After Shopex has received and processed the returned Product, Shopex will refund the amount within 14 (fourteen) days. It is clarified that, without derogating from the foregoing, orders can be cancelled from the time of order confirmation even if the Product(s) have not yet been delivered. Subject to the above, the refund will be given on the credit card with which the order was placed.
Customers will be eligible for an exchange if (a) the Product is returned in its original packaging with all parts; and (b) is in the same condition as when received. If the exchange is requested within 30 (thirty) days of purchase, there will be no shipping charges, however, if the exchange is requested following 30 (thirty) days of purchase, the exchange will be subject to a shipping fee of NIS 10.The exchanged Product will be sent out to the customer with within 2 (two) business days of the return.
The prices for calculation of returns and/or exchanges shall always be the price actually paid. In the event that the new Product costs more than the original Product, you shall be required to pay the difference. In the event that the new Product costs less than the original Product, you will be eligible for a refund of the surplus amount, which shall be paid to you within 14 (fourteen) days of our receipt of the returned or exchanged Product, as applicable.
A customer who has disabilities, is a senior citizen, or is a new immigrant may cancel the transaction within four months of the later of (a) the date the transaction was effected; (b) the date the Products were received; or (c) the date on which a notice containing details of the transaction was received
Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, videos, reports, or recommendations, and any modifications or derivatives of the foregoing. Shopex allows you to post certain content including but not limited to images and/or pictures, reviews and recommendations on or through the Services, referred to herein as "User Content".
We attempt to ensure that information and images related to Products are accurate and complete, however, we make no representation as to their completeness or accuracy. You acknowledge that it is possible that the Products shown on the Site may be unavailable or may have different attributes than those shown. For example, different computer systems or mobile devices display colors differently and we therefore cannot guarantee that the colors shown on the Site will be the same as the colors of the Products received. Shopex will not be liable for any errors in Product descriptions and/or colors displayed on the Site.
Shopex provides an online chat system, which allows you to ask questions about the Services Shopex provides and to seek assistance, as needed. Such chats may be saved for future reference by Shopex and will be considered User Content.
SHOPEX DOES NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT AND/OR USER CONTENT. SHOPEX DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
User Content Restrictions
Shopex has no obligation to accept, display, or maintain any User Content. Moreover, Shopex reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content you upload to the Services. You represent and warrant that any User Content you upload (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral rights; and (iii) that you have all necessary rights and authorities to submit such User Content. Any User Content posted or submitted through the Services shall not be considered confidential and may be disseminated by Shopex without compensation to you.
Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (1) restricts of inhibits use of the Services; (2) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (3) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (4) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) does not comply with all applicable laws, rules and regulations; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
Shopex may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Shopex reserves the right to treat User Content as content stored at the direction of users for which Shopex will not exercise editorial control except when violations are directly brought to Shopex attention.
Content on the Services comes from a variety of sources. You understand that Shopex is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content (including but not limited to the User Content). Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
It is also possible for others to obtain Personal Data about you due to your use of the Services, including through any User Content that you make available. Anyone receiving or viewing User Content may use information you provided through such User Content (such as your contact details, or location) for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose on the Services or through any User Content by any third party. By making any information available through the Services, you acknowledge that you understand and have agreed to such risks.
You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Site, or Services without our prior written authorization, including framing or mirroring any part of the Site, or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Site, or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or Services; (5) use or access another user’s account or password without permission; (6) use the Site, or Services or content thereon in any manner not permitted by these Terms.
Ratings and Reviews
Users may contribute reviews and ratings about Products they have purchased. Reviews and ratings about Products are all publicly available on the Site.
Shopex or its licensors, as the case may be, have all right, title and interest in the Site, Services, and any content thereon, including its overall appearance, text, graphics, graphics design, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Site or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Site should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Shopex or any third party. If you provide Shopex with any feedback regarding any content on the Site and/or Services, Shopex may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
You have all right, title and interest in the User Content you submit. By submitting or posting any User Content, you (i) grant Shopex and its successors and assignees a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, alter, decompile, publicly perform such User Content on, through or in connection with the Site in any media formats and through any media channels, including, without limitation, for commercially promoting the Services or any other services.
The policy of Shopex is not to infringe upon or violate the intellectual property rights or other rights of any third party, and Shopex will refuse to use and remove any User Content in connection with the Services that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), Shopex will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of Shopex is to terminate the accounts of repeat infringers in appropriate circumstances.
You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting us at firstname.lastname@example.org.
Disclaimers and Disclaimer of Warranty
All information and Content posted on the Site is for informational purposes only and Shopex provides no guarantees with respect thereto. Your use of the Site and/or Services is at your sole discretion and risk. The Site, Services and content provided thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services or Products will be of good quality or useful for your needs.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND/OR SERVICES OR ANY CONTENT THEREON AND/OR ANY PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES; OR (II) THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE AND/OR SERVICES; OR (IV) REGARDING THE PRODUCTS, INCLUDING THEIR QUALITY OR USEFULNESS. PRODUCTS SHALL BE SUBJECT ONLY TO WARRANTIES PROVIDED BY ANY MANUFACTURERS OR SUPPLIERS, IF ANY.
No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's mobile device or computer, resulting from use of the Site and/or Services, from any Content, or from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Shopex, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
IN NO EVENT SHALL SHOPEX, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SHOPEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO SHOPEX, THEN SHOPEX SHALL NOT HAVE ANY LIABILITY TOWARD YOU.
You agree to indemnify, defend, and hold harmless Shopex, its affiliates, and its/their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) Site or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
These Terms shall be governed by the laws of the State of Israel exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Shopex must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Shopex or enables you to act on behalf of Shopex. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration or order.
Last updated: October 2019
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