Date of Delivery
Time of Delivery of Products: Delivery Date of the Products – the day on which the items shall be transferred to the desired location by the user.Reg istered Mail for the Delivery of the Products: Until 14 business days, and subject to the delivery limitations of the Israeli Post Company, Ltd.Courier Mail: Until 5 business days upon the approval of the order by the credit card companies. Shipping abroad takes up to about two and a half weeks and is subject to the limitations of the sending company.The user: the customer/ webpage surfer/ the client/ the online client/ user of the site and company products/site member/ any person and/or companyand/or party who makes use of the site (for the sake of convenience all of the above shall be referred to, jointly and severally, as the “user”.)Day the Order is Processed: the next day after which the transaction has been approved by the user’s credit card company and/or by PAY PAL .Approval of the Order: constitutes an invoice with the details of the transaction purchase.
the address which is reg istered by the user on the purchase order form as the mailing address.Requested Date for the Delivery of the Products – the date which has been recorded by the user on the purchase order as the time which he prefers thatthe Products be delivered.Business Days are weekdays only (Sunday – Thursday), between the hours 10:00 AM and until 15:30 PM (anytime after 15:30 PM shall be deemed the followingbusiness day, for example, an order on Wednesday at 17:00 PM shall be considered as if it was recorded on Thursday at 10:00 AM, and an order on a Thursdayat 15:45 PM shall be considered the following business day, i.e. Sunday at 10:00 AM), and does not include Fridays, Saturdays, eves of holidays or intermediateholiday days.
What is the Site?
Purchase of Products
The purchase of Products will be done by adding the Products to the shopping cart. After adding Products to the shopping cart, the User will be askedto enter on the online form which is intended for each purchase order, the following details: first name, family name, telephone number, e-mail address,and in addition you must provide the details on the individual who will receive the order, their first name, last name, telephone number, city, street andhouse number, floor, apartment number, entrance and any additional information which will assist in easily locating the location where the order is beingdelivered, including comments and information about the shipment and/or if in the event that the delivery was sent via express courier mail then suchinformation was provided accordingly. There is an obligation to fill in all the asterisk marked fields and without filling them in the order will not be filled.The User’s details will be updated according to the online form on the Site.Filling in the required details for the purchase of products by the User shall constitute execute of the order (hereinafter: the “Order”). With receipt of theOrder, the Site will conduct an examination of the credit card details and will be permitted to delay the Order until receipt of authorization from thecredit card company and/or receipt of authorization from PayPal. After receiving authorization, the activity will be approved and a final authorizationof the Order will be produced, the User will be charged via his credit card and/or PayPal account and all is subject to the Product being in the inventory.Site Management will not be liable for any delays in delivery for any reason whatsoever. The liability for the delivery of the Products, their condition uponarrival and the time of their delivery to the User’s doorstep are the sole liability of the shipping company and/or the Israeli Post Com pany.The details as provided on the online form by the User constitute an institutional record as defined in the Evidence Ordinance and will be deemed conclusiveevidence as to the accuracy of the activities.
Form of Payment for the Order
Supply and Delivery of the Products
The Site will only provide the Product, for which it has received authorization from the credit card company and/or the PayPal account, meaning thatonly the Product for which payment has been made, as detailed above. The Product will be delivered to the Mailing Address which the User provided in theonline purchase order form at the time of purchase.The Site undertakes to deliver the Product to the requested destination within the turnaround time and will endeavor to the best of its capabilities to ensurethat the Product will arrive on time.In the event that the Site will not supply the Product on the Requested Date for the Delivery of the Products (in such instance when the Site Management isrequested to send the Product on a specific day), Site Management will coordinate with the User a new delivery date.Site Management will endeavor to the best of its capabilities to supply the Products swiftly and the Products will be sent within 14 business days from theauthorization of the Order, if the Order is sent via reg istered mail. If the Order will be sent via courier, the User shall receive it no later than 3 business days.Deliveries that will be delivered through shipping companies by Site Management are subject to the conditions and policies of the shipping companies,distribution areas of the shipping companies, its conditions and exceptions.In the event that the shipping company from Site Management is unable to make the delivery to the User’s Mailing Address for any reason whatsoever, anotification will be sent to the User or the recipient of the Order reg arding such matter and Site Management will operate to find an alternate solution.In the instances where the Products are delivered through the Israeli Post, the Products will be sent subject to delivery dates of the Israeli Post and are notsubject to the examination of Site Management and/or its suppliers and is not under their control.Use of the Site and/or purchase through the Site constitutes a declaration that the User has no claim against Site Management and/or suppliers and/oranyone on their representatives with respect to any hindrances to the Delivery Date of the Products.Delivery Dates indicated on the Site and above are not applicable to the Products which are no longer in the Site’s inventory, and which with reg ard tothose Products, the User will agree to an alternate delivery date according to the availability and replenishment of the stock.The deliveries are executed by shipping companies and it is via these companies that the Products will be transported. The terms of the shipping companieswill obligate the User. Fo r additional details, please review the policies of the shipping companies and the Israeli Post.Shipping Fees – In addition to the price of Product ordered on the Site, the User will be required to pay the Shipping Fees. The Shipping Fee amount will appearat the end of the order procedure and according to the shipping manner which the User has selected and the shipping policies of the shipping companiesand/or the Israeli Post.The Shipping Fess will be paid with along with the payment of the sold Product via the credit card and/or the PayPal account. The Site may charge ShippingFees with the charge of the first payment.The Site shall not be liable for any delinquencies and/or delays in the delivery and/or failure to deliver as a result of force majeure and without derogatingfrom the generality of the aforego ing this shall include war and/or military operation and/or emergency situation and/or natural disasters and/orevents which are not in the direct control of the Site, by way of example (but not limited to such) limitations due to strikes and lock-outs in the economyand/or service or merchandise providers required to produce and/or supply and/or transport the Products.The shipping carrier shall bear the liability for any delinquencies and/or delays and/or non-delivery on his part and the User will contact them directly.Listed Delivery Dates of the Products include only the calculation of business days (Sundays through Thursdays and do not include Fridays and Saturday,holiday eves and intermediate holiday days).The User must immediately notify the Site if the Product was not delivered within the delivery period detailed on the Site. In such an event, the new deliveryperiod will be considered from the new coordinated time.In the event that the Products are returned to the Com pany due to incorrect details, the User will be charged an additional shipping and handling fees,and therefore the User is requested to carefully fill in the precise and accurate details.In the event that a Product is returned to the Com pany because of incorrect details, the User may elect to personally collect the Product himself, but theshipping fess will not be refunded.
Product Return Policy and Cancellation of a Transaction
This section is subject to the Co nsumer Protection Law, 5741 – 1981 (hereinafter: the “Law”).A User will be entitled to cancel an Order according to the provisions of the Law.The User can return any Product which has not been offered on a special price and/or on sale and/or on discount within 14 days from receipt of theProduct and provided that the Product has not been opened and is in its original packaging, has not been used, the product labels have not been removedand no damage and/or tear has been caused to the Product.Yo u hereby declare and consent that according to the Ministry of Health guidelines no returns of undergarments and lingerie (for example, underwear,brassieres, bathing suits, etc.) will be permitted and no refund will be provided for them.Cancellation prior to the delivery of the Product by Site Management will be without any charge provided that it is within 48 hours from the date of thecompletion of the Order. With the cancellation of the Order, the money will refunded to the User but the recipient will bear the costs of the return of themerchandise to the warehouse.In the event the cancellation of a transaction occurred after the Product was sent to the User, the User will receive a refund only after the merchandisehas been returned to the warehouse of Site Management, and provided that the Product is in its original packaging, is complete and without damage ofany kind and has not been used. A Product which has been returned and does not fulfill the conditions of this section, then the User will not be entitledto a cash refund and/or any other refund including a credit voucher.With reg ard to a flaw in the Product, and in the event that the User did not notify Site Management about any flaws in the Product with 24 hours from itsreceipt, then the lack of notification will constitute that there are no flaws in the Product and the User will have no claim against Site Management and/or the Site with reg ard to any flaw in the Product.Refunds will be credited to the credit card and/or the PayPal account on which the Order was made, minus 5% of the value of the Product or NIS 100,whichever is lower and this is according to the Co nsumer Protection Law, 5741 – 1981. The refund will be transferred to the User’s credit card and/or PayPalaccount and will be subject to the policies of the credit card companies and PayPal.Cancellation of an Order will be done through an e-mail to Site Management, to the e-mail address [email protected] or by contacting thecompany’s customer service center.As a rule, refunds will be transferred only to the credit cards on which the Order was placed.Yo ur hereby agree and consent that sale and/or discounted and/or special and/or clearance and/or end –of-season Products, may be returned onlywithin 5 days from the User’s receipt.Yo ur hereby agree and consent that with respect to gift cards there will be no monetary refund and/or return and that use of these card will only bedone through ordering on the Site and until the gift card amount has been completely used.
The Site May Cancel an Order, in Whole or in Part:
Site Management may change at any time, according to its discretion, the supply and variety of the Products on the Site. Therefore, the fact that a certainProduct is available for sale at a given point in time does not guarantee that it will be offered for sale in the future.If one of the Products ordered on the Site is out of stock, Site Management will contact the User by means of telephone or e-mail and reserves the rightto offer an alternate product of similar nature and price. If the User accepts the offer, his Order will be updated accordingly. In the event that he declinesto receive the alternate Product, Site Management will cancel the Order and credit the credit card company and/or PayPal account from which paymentwas made.
Storing the Order
Products which the User marked as those which he is interested in will be stored for 60 minutes in the shopping cart on the Site. Kindly note that the detailsof the Order will not be saved after 60 minutes.In order for us to supply our Users the Products which they ordered, their Order must be reg istered on the Site in a proper and organized mannerwhich includes all the information required to contact the User for the delivery of the Products. Site Management will not supply the Products whichwere ordered if the Order was not reg istered on its computers or reg istered in an improper manner even if the source of such problem is from the SiteManagement’s computers. If Site Management does not receive any notice via telephone or e-mail within 24 hours (not including Saturdays or holidays)from the submission date of the Order, it can be assumed that there was a problem with its submission. In such a case it is recommended that the Usercontact the Site’s customer service via e-mail [email protected] to clarify the source of the problem.
All the prices of the Products appearing on the Site and on the back of the Products are denominated in NIS/Euro/US Dollar – and the listing is accordingto the country in which the Order is being placed. All prices include VAT as required by law.The prices on the Site do not include the varying shipping costs, as detailed at length on the Site.The price is valid with reg ard to the Order made and the price appears during the processing of the Order. If the price was updated prior to the completionof the Order process, the Order will be charged according to the updated price.Please note that although Site Management carefully checks the prices as they appear on the Site, and at times an error may occur following thepresentation of an incorrect price. In such an event, the Site will endeavor to the best of its capabilities to contact the User following the completion ofthe Order and will notify him of the correct price of the Product and will allow him, if he so chooses, to purchase it at the correct price. Should theUser select not to purchase it at the correct price, the Site will not be obligated to supply the Product to the User and the User will not have any claimagainst Site Management.Yo u hereby agree to undertake that the prices displayed on the website do not include customs duties and taxes that may be applicable, in the country wherethe Order is being placed, and that the Com pany will not be liable for any additional tax surcharges charge, and that the User shall be required to paysuch taxes upon the placement of the Order. In any case, the User will not be able to cancel the Order due to any additional tax surcharges which may beapplicable.
Specials and Promotions
Site Management may offer specials, promotions and discounts.Site Management may at any time terminate the specials, promotions and discounts or change them, without providing any prior notice.It should be clarified that the User has no inherent right to benefit from the specials, promotions and discounts on the Site.Any change in the details of the Order or to its price, irrespective of its source, shall lead to the re-examination of the client’s eligibility for the promotionand/or discount.Site Management will endeavor to inform you via telephone in the case where your eligibility for such discount and/or promotion shall be revoked due tochanges in the details of your Order.
The Site’s Liability
Any and all intellectual property rights, including patents, copyrights, patterns, designs and trade secrets are the exclusive property of the Site’s Managementor other third parties who permitted Site Management to use them.These rights are applicable, inter alia, on the data of the Site, including product lists, the description and design of the clothing and any other itemconnected to its operation.These rights are also applicable to the name “Don’t Tell Mama” and the domain name (www.donttellmama-studio.com) of the Site, its trademarks (whetherreg istered or not). All these are proprietary to the Site Management and may not be used without receiving prior written consent.Yo u may not duplicate, reproduce, distribute, sell, market, lease or translate any information on the Site, including trademarks, photographs and texts, thedesign of the clothes, the photographs of the clothing, etc., without receiving Site Management’s prior written consent.Yo u may not copy or use or allow others to use, in any manner, content on the Site, including other websites, electronic advertisements, printed publications,etc., for any purpose whether by the User or by and third parties or in collaboration with any third parties in any manner whether by electronic, mechanicalor optical means, photography and recording means or any other means and/or manner without the Site Management’s prior consent.Yo u may not operate or run any computer application or any other means, including user software for searches, scanning, copying or automaticrecovery of contents from the Site. Furthermore, one may not use any tools to create a compilation, collection or database of the Site’s contents.The contents of the Site may not be displayed on any visible or hidden FRAMES.Yo u may not present the contents of the Site and/or data published on the Site or any of the services, without Site Management’s prior written consentand subject to the Site Management’s terms of consent, if such will be provided.Yo u may not make commercial use of the data published on the Site, its product lists or any other details which are published, without Site Management’sprior written consent.So long as there are trademarks (including photographs, drawings, etc.) which were submitted for publication by companies offering the sale of theirproducts and services on the Site, then the trademarks shall be the property of those companies and you may not use them without their consent.Yo u may not create links to the contents on the Site, which are not the homepage of the Site (deep linking) and you may not present or advertise thesecontents in any manner, unless the embedded linking will have a full internet page on the Site and it is “AS IS”, so that it can be viewed and used in a completelyidentical manner for use and viewing, provided that Site Management provides its consent.Yo u may not directly link content to the Site, to the software or any graphic attachment on the Site, except to the full page on which they appear andprovided that Site Management provides its consent.Site Management may instruct on the cancellation of any deep linking even after it has provided its consent subject to its sole discretion. Under theprovisions of this section, no individual and/or institution and/or its representatives shall have any claim and/or demand and/or alleg ation against SiteManagement.All verbal content, ICONS, information and display appearing on the Site, including graphics, design, and verbal utterances, trademarks including logomarks, including their value and presentation are the exclusive property of Site Management.
Links and Advertisement Information on the Site
While visiting the Site, commercial advertisement information may be presented to the Users. The source of the information may be from Site Managementor it could be from third parties.In the event that the source of the information is a third party, Site Management cannot guarantee the reliability and accuracy of the aforementionedinformation, and therefore a Site visitor cannot make any claim and/or demand and/or alleg ation against Site Management for any loss and/or loss ofprofits and/or direct or indirect damages resulting from the reliance upon the information provided on the Site and whose source is a third party.So long as there are links on the Site to other sites which are not managed and operated by Site Management, Site Management shall not bear any liabilityfor the contents of those sites and for the information published therein, including its completeness, accuracy, revisions and alacrity of all details inthat reg ard. Site Management will not be liable for any direct or indirect, monetary or other damages which result from the use or reliance upon thecontents of the sites to which they visited due to the links on the Site.Site Management may from time to time be permitted to send electronic mail messages which include advertisements, commercial messages, etc. TheUser agrees that the Company reserves the right to send e-mails to the address provided by the User or the Site member which was provided when hereg istered. Notifications and updates of this kind include commercial and/or advertisement messages. Sending messages will be subject to the User’s andSite Management’ consent to send advertisement messages.Subject to the Communications Law, 1982 (The “SPA M LAW”) the User or a member of the Site’s customer club may elect not to receive advertisements from theSite by contacting Site Management via telephone and/or by sending a fax and/or an e-mail.
Changes to the Site and Termination of the Services
Site Management shall be permitted from time to time to change the structure of the Site, its appearance, its scope and the availability of the Services andany other aspect of the Site – without any advance notice or warning.These changes may cause malfunctions or inconveniences, and the user of the Site and/or a User will have no claim, suit or demand against SiteManagement with respect to the aforementioned changes and/or malfunctions which are caused after the implementation.Without derogating from the aforementioned, Site Management may for any reason, terminate at any time the Services on the Site, in whole or in part,according to its sole discretion