מדיניות החזרת מוצרים

ArtGallery is the legal owner of the website (insert the domain), which sells original paintings and objets d'art – on the website itself and/or through emails sent to the Customer Club and/or on other partner websites and/or on any platform the website owner may decide to use to promote its products (all the above are referred to, for the sake of convenience, as a company, even though they may be an authorized dealer; hereinafter – the "Company" or the "Site" or the "Site Owner" or the "Business"). Sales are carried out online on the Site only. The terms of use are worded in the masculine gender for convenience only and apply equally to both genders. The use of the singular form in any section constitutes the user's declaration of consent to the content of such section. The provisions of these regulations will apply to any use of the Site by visitors (hereinafter – "User" or "Customer"), including any online purchase and/or telephone purchase and/or entry and/or visit to the Site and/or use or contact made by email and/or any other media, and you hereby confirm that you read and understood and agree to the terms of use below, including the privacy statement included therein. If you do not agree to the terms of use, kindly refrain from using the services of the Company and/or the Site. The binding and determining text of the regulations is the version posted on the Site at the time of the purchase. The Company recommends to Users to read and update themselves from time to time on the terms of use. Any person making an order must be over 18 and hold a valid credit card. Terms of Purchase and the Products The details of the products appear on the different pages of the Site and/or specifically on the Product Page, and the Site Owner may decide to display additional products on the Online Store. The details of the technical specification and the terms of the transaction, including the price of the products, will appear on the Product Page. The Site Owner reserves the right to make changes in the Product Page and its contents, including the price, at any time (hereinafter – the "Product Page"). Any order for a product must be made in conformance with the specifications on the Site as to product, quantity and color, all as relevant to the product and subject to the choices offered by the Site for any product (hereinafter – the "Product"). The Customer must enter on the order form the personal details requested by the Site, such as name, address, telephone number, email address and means of payment (hereinafter –"Customer Details"). The form, containing complete and accurate Customer Details, must be sent to the Site and/or to the Company (hereinafter – "execution of an Order" or "Order"). Care should be taken to fill in the Customer Details completely and accurately, in order to ensure the execution of the Order. When executing an Order, the Site and/or the Company will check the Customer Details with the credit card company, to receive approval for the execution of the Order. Upon receipt of the approval, the Company will send an appropriate notification confirming the Order, provided that the Product is in stock and available (hereinafter – "Order Confirmation"). It is emphasized that the Customer will be charged for the Product he ordered at the time of the execution of the Order. Products for which an Order Confirmation has been issued, meaning that the Order has been executed and has received approval, are referred to as "Items." If the credit card company has not approved the execution of the Order and therefore no Order Confirmation has been issued, the User must contact Customer Service via the email address and/or telephone number published on the Site, to arrange the matter. To remove doubt, the Site Owner will not be subject to any liability nor be liable for any direct and/or indirect damage due to orders for which no Order Confirmation has been issued. For additional terms and conditions, see the Additional Terms and Conditions chapter below. Delivery of the Product and the Items The determining date for counting the shipping days is the day of issuance of the Order Confirmation. After payment has been made for the Item, the Site Owner will begin the shipping process, according to the Customer Details and the Customer's address as specified on the Site and/or in the Order Confirmation and/or at the time of the execution of the Order. The delivery time will be 21 business days. The Company reserves the right to add and/or subtract delivery options, such as (but not limited to) pickup from the Business. In case of the cancellation of a transaction and/or a money refund, the refund will be made only on the Products and not on the shipping cost (if any). If the transaction is executed as an installment transaction, the Company may collect the shipping cost (if any) as part of the first installment. Detailed information on shipping possibilities, their cost, etc., beyond that stated in these regulations, will appear on the Site. The Company will not be liable for any delay and/or tardiness in shipping that is carried out by a third party and/or that is affected by force majeure and/or strikes and/or lockouts and/or the Customer's failure to coordinate the delivery time and/or any other reason the Site Owner could not prevent. Any such delay will not constitute a breach of the undertaking to supply the Product. The Company reserves the right to deliver the Product when the factor preventing and/or delaying the delivery no longer exists, and the count of the days for delivering the Product will continue from the point where the preventing factor interrupted the count. Shipping companies sometimes refuse to make deliveries to certain areas. In such a case, the parties will agree on an area that is acceptable to both of them. The delivery service and coverage areas are subject to the Site Owner's sole discretion, and are defined from time to time on the Site and/or on the site of the third party responsible for the delivery (hereinafter – "Distribution Area"). The Business reserves the right to change the Distribution Areas at any time, without prior notice. If it becomes apparent to the Company, based on its procedures and policy, that the Item cannot be supplied to the purchaser and no other satisfactory solution is found, the Company may cancel the transaction at any time up to the delivery of the Product. If the transaction is cancelled, the Customer will be entitled to a refund of the amount he paid through the same means of payment used for the execution of the original transaction and/or the charges on his credit card will be cancelled and/or a credit will be made in the amount of the charge. It is emphasized that the Customer will not be entitled to compensation of any kind due to the cancellation of the transaction. The Customer must notify the Company if the Item has not been received within the delivery time specified on the Site. When making delivery of the Product, the Company and/or its representative may require the credit card owner to be present and/or his signature to be presented as a condition for handing over the Item. The shipping terms will be as stated on the Product Page, in the event of an inconsistency with the information contained in the regulations of the Site. The count of the days will began immediately upon the issuance of the Order Confirmation and actual execution of the payment in the Company's computers. Cancellation of a Purchase Transaction A transaction may not be cancelled after it was approved by the credit card company and/or payment was made in any other way. Cancellation of a Transaction by the Site Owner If the Product is out of stock, the Company will offer a replacement product and/or a money refund. The Company will not be liable in these circumstances for any damage to the Customer, where such damage is alleged. The Company will be entitled to cancel the transaction and refund the money without any compensation or payment due to any claim of reliance. If the Customer's details have not been properly recorded for any reason, the Company may cancel the transaction at its discretion. Where the order has been made unlawfully and/or not in accordance with these regulations, the Company may cancel the transaction. Notice of the cancellation of an order will be delivered to the Customer according to the details he provided. In case of a clerical error in any offer and/or order, the Company may cancel the transaction. Warranty for the Products The warranty for the Products will be as written on the package of the Product and/or on the product insert (if any). If there is no information on the applicable warranty, the warranty will be in accordance with the policy of the importer and/or supplier and/or manufacturer of the Product. A Product that is worn on the body and is no longer in its original packaging will not be replaced. The warranty will not apply in case of use not in accordance with the manufacturer's directions. The applicable warranty as specified in the warranty form and/or in the order and/or on the Site prevails over the provisions of these regulations. In any event, it is advisable to make reasonable use of the Product according to the materials and components from which it is made and/or the directions on its package. It is emphasized that the warranty's content and scope will be in accordance with the nature and components of the Product, the Product's external supplier and the policy of that supplier (if any). If there is no maintenance specification for the Product, the binding rules will be as generally accepted in the market and/or in accordance with the supplier's instructions, all depending on the context and circumstances of the particular case and the Product. Some of the information presented on the Site and/or in the catalogues regarding the Site's Products, their nature and their quality, was provided to the Site Owner by the suppliers of those Products, and such information is the full and sole responsibility of those suppliers, including any damage caused by the use of the Products. The Company will not be liable for any damage other than in circumstances that are within its full control. The amount of the payment for any damage will be limited to the value of the order. The Site Owner will not be part of any dispute arising between the different parties associated with the Site, in which it does not have an interest. The Customer declares that he will bear the defense costs of the Site Owner, including legal costs, fees and the like, in the event that it is made a party to a proceeding in which claims are made against any other party associated with the Site, such as couriers employed by third parties (e.g. courier delivery companies). If the Site Owner carries out the shipment through third parties acting on its behalf, then it will handle, ex gratia, complaints related to the shipment, such as damage caused to the Product in the course of the shipment by the courier delivery company and/or a delay in the delivery of the Product that is attributable to the couriers, and so forth. Under no circumstances will the Site Owner be liable, directly and/or indirectly, for direct and/or indirect damage and/or reliance damage and/or any other damage, including due to a defect in the manufacture and/or quality of the Product. Nevertheless, the Site Owner will make reasonable efforts, as part of the service provided by the Site, to handle any complaint and mediate in any dispute between the Customer and any party associated with the Site, where it appears that the Site Owner can be of help, Customer Service In case of need of support, the Company will publish an email address on the Site to which complaints and inquiries can be addressed. The Company will respond promptly to anyone leaving their contact details. Email: [email protected] The Company will deal with all inquiries, requests and issues that are addressed to it. Confidentiality of Information and Privacy Policy The Company will make reasonable efforts to secure the Users' details and will not provide them to third parties, as long as there is no legal requirement to do so. However, the Site operates in an online environment, and therefore the Company cannot guarantee absolute immunity against the penetration of its computers or the exposure of the stored information by illegal hackers. In the event that an outside party breaches the security of data held by the Company and/or uses such data, the User will not have complaint, claim or demand of any kind or nature against the Company. The Customer Details may be used for sending the Customer information about additional Products by email, subject to the User's consent and/or receipt of a notification, all in accordance with the law. Some personal information may be provided to third parties to enable the betterment of the service. The Site's Users declare that they are aware that the Company collects statistical information about the activity of the Site's Users, among other things by means of cookies and other analytical tools for marketing and business purposes, in order to adapt the Site to the Users' preferences and the like. Cookies are text files created by the User's browser based on a command and saved on the hard disk of the User's computer. These files contain a variety of information, including the pages the User visited, the amount of time he spent on the Site, from where the User reached the Site, information the User asks to see on entering the Site, etc. The Company encrypts vital information by means of accepted technologies and in compliance with legal requirements – for example, use of SSL technologies to transfer encrypted information, such as means of payment, as accepted on e-commerce sites. Intellectual Property and Ownership of the Site All the rights in the Site, including in the Site's design, logo, interface and structure, software, apps, computer code, graphics files, text, images and any other material contained in the Site, are owned by the Company and comprise its intellectual property. The Site's content and any part thereof may not be copied, modified, published, broadcast, transferred, sold, distributed or used commercially or in any other way, without the express prior written consent of the Company. Any violation of the provisions of this section could constitute an infringement of copyrights, trademarks and/or other intellectual property rights, for which the User may be liable to criminal and/or civil penalties and/or fines. The content displayed on the Site is owned wholly and exclusively by the Company, and entry to the Site does not confer in and of itself any license and/or right in respect thereof. Site Content and Ads on the Site If the Company and/or the Site collect the User's email address and notify the User that they might sent him marketing offers, then the User declares his consent to the Company and/or its representative sending him from time to time marketing offers and promotional materials, including by direct mail, SMS, email, fax, automatic dialer and any other means of communication, and that he will not have any complaint and/or demand and/or claim, including under the Spam Law, Section 30A of the Communications (Telecommunications and Broadcasting) Law, 5742-1982. The User declares that he will not have any complaint regarding the ads and/or special offers displayed on the Site. It is emphasized that the "Product Screen" page prevails in the event of inconsistencies between the details of a special offer in an ad and the Product Page, and the User will not have any complaint in this regard. The User declares that he is aware that the Site collects information as stated about him, and he may from time to time be shown ads with the aim of enhancing his buying experience and/or interesting him in additional and/or complementary Products. Limitation of Liability If the Site and/or the service offered on the Site make use of outside services of a third party, it is noted that the Site Owner will not be liable for any direct and/or indirect damage caused to the purchaser and/or another person in this regard. Moreover, the Site Owner will not be subject to liability for a service that supposedly was provided by it, such as the transfer of data and/or supply of Products, and/or for the accuracy of data related to the Site, resulting from a failure of a third party and/or outside service. Any such liability will borne by the third party, i.e. the provider of the service for which the third party was retained. The Company makes effort to ensure that the Site is continuously available without interruptions; however, the Site may from time to time be inaccessible. The Site Owner reserves the right to limit the number of products each Customer and/or person making an order is entitled to purchase. The Company is not liable for any damage caused to a purchaser on the Site, whether consequential or direct damage, reliance damage, punitive damages or other damage, including but not only in the following cases: Use or the capability to use all the various elements of the Site – content, features, etc. Notifications, letters and/or any content the User received from the Site and/or the Company. Reliance on information published on the Site, whether by the Company or by a third party. Damage resulting from a clerical error and/or other error in the accuracy of the information displayed on the Site. Reasonable and unreasonable wear and tear to the purchased Product both before and after the 14 days stipulated in the product return policy in the regulations. The above limitations of liability do not cover all the limitations of liability set out in the regulations, including but not only in the matter of privacy. In any event, the liability of the Site will be limited, at the most, to the price paid by the Customer. Additional Terms and Conditions Gifts and benefits are subject to compliance with the terms of the offer appearing on the Site. The Company reserves the right, where an Item has sold out, to notify the User and to supply him, if he so wishes, with a replacement Product, or to cancel the transaction, all at the Company's sole discretion. The Company may limit the number of Items one User may order, even after the issuance of an Order Confirmation. The Company reserves the right to take up to three days to process a business order, at the end of which it will notify the User whether there is an Order Confirmation. The Company may from time to time update the Product Page and any details thereof, and it may remove Products that have sold out. It is clarified that the images of the Products are for illustration purposes only, and there may be differences between the images of the Product as ordered and as actually supplied, due, among other reasons, to the fact that the images are displayed on a computer screen that shows shades and proportions differently from the reality. It is noted that the Site Owner makes every effort to have the images on the Site reflect as closely as possible the actual Products, within the accepted technological constraints. Consequently, if you have received a Product that differs significantly from the Item ordered on the Site, contact us and we will check for the cause of such difference and if is attributable to differences in shades and proportions as stated above. The prices specified on the Site include statutory VAT, unless explicitly stated otherwise. If any tax applies in the country from which the Customer made the order, it will borne by the Customer. The Company and its representatives have the exclusive right to add to and/or subtract from the Products offered for sale on the Site and to determine the manner of sale and the price at which the Products will be sold, including the shipping charge. Although the Company supervises the information and its accuracy, the Company and/or its representatives are not responsible for the consequences of any error, omission, inaccuracy or misrepresentation in the information appearing on the Site. It is hereby clarified that the Company will not be liable directly and/or indirectly for any damage and/or loss due to information presented on the Site. An Order Confirmation notification is not evidence of the performance of any act and does not bind the Site. Only an entry made in the Company's computers will be conclusive evidence of the proper performance of an act. The chapter headings are provided for ease of reference only and may not be used to interpret the terms of use. In the event of a conflict between any sections, the section that is more reasonable in the circumstance and within the context will prevail.