Terms of use

  1. Introduction:
  1. Welcome to the site www.sivanbendavid.com  (following: “the site”), the site managed by Sivan Ben David  (following: “the site operator“) a licensed dealer in Israel no. 203788062.
  2. The site displays and/or sells dressing item custom made for each client, including evening dresses and wedding dresses, all of the items are sewn especially for each customer according to the customer’s personal measures.
  3. The following terms of use (following: “the terms and/or the terms of use”) define the rights and requires while using the site, please read the terms carefully. Since that they constitute a binding agreement between you and the site operator.
  4. Use of the Site indicates your agreement to these terms. The conditions are formulated in the feminine form for convenience only, and of course they relate to men as well.
  5. These terms apply to the use of the site and the services included in it through any communications device (such as cellular phones, PDAs, etc.). They also apply to the use of the Site, whether through the Internet or through any network or other means of communication.

 

  1. The user’s statement and the right to use the site:
  1. The user undertakes to use the site subject to the terms of use and declares that she knows the site and all that presents is it not a substitute for advice and / or replace any advice.
  2. Purchase through Website is subject to these terms of use.
  3. The Terms of Use constitute contract requires between you and the operator is a binding contract.
  4. The Terms of Use will be bind in favor of the sides, representatives, heirs and all representative allowed by her.

 

  1. Providing information while purchasing through the site:
  1. Purchase through the site will require providing information such as: e-mail address, personal details Including phone, name and family, Address.
  2. In order to purchase through  the site, you will have to provide details to the site and you will have to mark the box at the bottom the screen and tap on button “I agree to the Terms of Use of the website”.
  3. The use of the website and his content’ including reading content or notifications, will be considered as a consent of the user and her approval to the site’s terms of use.

 

  1. Preconditions terms subject to purchase through the website:
  1. The site’s system enables its users to purchase easy and secure items offered by the site through the Internet.
  2. Each user is entitled to participate in the process of purchasing the services and to become a  customer in the system, subject to fulfillment of the following cumulative conditions:
  3. The user is eligible to perform binding legal actions. If you are a minor (under the age of 18) or are not entitled to perform legal acts without the consent of a guardian, your use of the site will be deemed to have received the guardian’s approval for the transaction.
  4. The user has a valid international credit card and/or a paypal account.
  5. The user has valid e-mail address.
  6. The purchase on the site is by credit card will be executed after being approved by the credit card company.
  7. It should be emphasized that when the credit details are submitted, they will be transferred to the site of the clearing company with which the site works (hereinafter: “the clearing company”),
  8. It is possible that for the purpose of completing the purchase after entering the credit card details into the clearing company’s system, you will be required to verify your identity by a code sent to you by SMS or by e-mail or in other ways that the clearing company may change from time to time.
  9. It is emphasized that the credit card details will be and / or will be maintained and / or managed by the clearing company only and at its sole responsibility, the site operator does not store and / or manage these specifications. However, when information and content is fed through the site, And / or loss and / or loss and / or expense incurred by the user and / or any third side as a result of this and the site operator has no responsibility for data leaks And / or hacking data and / or securing information on such data.
  10. Notwithstanding the foregoing, the Site Operator reserves the right to determine payment arrangements and / or other means of payment as it chooses at its sole discretion, including arrangements for payments by various means from a credit card.
  11. The site operator reserves the right to terminate and / or change the payment method at the site at its sole discretion and at any time as it deems fit.
  12. The user hereby declares that the personal information he submits to the site or makes use of the website is correct, accurate, up-to-date and complete information regarding his personal identity.
  13. It is strictly forbidden to use another person’s personal information and / or impersonate another person.

 

  1. The items offered for sail through the website:  
  1. The items offered for sale through the site are  customer made order in which the sit’s operator is sewn especially according to the customer’s order and ,measurements in high quality.
  2. It is the customer’s responsibility to put the right and correct measurements, any mistake by the customer will not constitute any reason to cancellation of the order.
  3. The images of the products and appearing on the site are for illustration only and do not in any way bind the site operator.
  4. The site operator reserves the right to prevent the execution of purchases and orders which, in its sole discretion, are a wholesale purchase.
  5. The site operator will be entitled to offer offers and sell discount coupons for the purchase of courses / schools, regardless of the date of the visit and / or execution of the order by the customer.
  6. items offered for sale at operational prices will be provided at the offer price subject to the offer being valid at the time of confirmation of the order by the customer
  7. The prices of the items  presented on the site include VAT as required by law.
  8. The prices of the determining products are listed next to the service appearing on the site.
  9. It is hereby clarified that the site operator will be entitled to update the prices of the services and products on the site from time to time and at its sole discretion.
  10. The operator of the site may cancel a transaction if a written error occurs regarding the description of the item and / or its price, or if it transpires that the action was accompanied by illegal activity or activity contrary to these regulations by the user and / or a third side.
  11. The site operator reserves the right to cancel and / or not to give any person the right to purchase through the website due to the illegal use of its services, violation of these rules and / or non-payment for items purchased.
  12. The site operator do not commit that all items can and will be supplied to the customer and the user dismiss the operator from any claim against the operator.
  13. In case which an item is not available to be supplies, the operator will notify the customer as soon as possible, In case which the customer will not choose other item in replace, the order will be cancelled and the payment will be returned to her.
  14. The items offered for sale through the website are high quality items, including their sewing, the operator will not be responsible to items, excluding a defect that caused by the operator only, subject to the customer notice to the operator within 24 hours after receiving the item.

 

  1. Activity hours and customer service:
  1. Purchasing through the website is valid 24 hours, excluding cases which the website is in a strike as a result of maintenance.
  2. The customer service activity hours are : Sunday till Thursday from 09:00 am to 17:00 pm, according to the time of Israel.
  3. The above activity hours of the website and the customer service can be changed from time to time.

 

  1. Shipments and delivery:
  1. Deliveries are offer for supply in the state of Israel and abroad.
  2. The countries and/or the areas which the deliveries and supply will be taken place are according and subject to the delivery companies that the operator will work and bind with.
  3. Despite to the above, the operator reserves the right to change the country and/or the areas of the deliveries and supply.
  4. Supply of items purchased through the website is available only when the address for supply is within the countries and areas mentioned above, and there is no technical prevention.
  5. The time of supply is up to 30 days from the day of the order, in case which the operstor will not be able to supply the items within 30 days from the day of order he will notice the customer as soon as possible, the customer dismiss the operator from any claim or responsibility about it and the customer will not be authorized to cancel the order, subject to condition that the delay is caused by the operator only and in a reasonable delay up to 14 -30 additional days.
  6. Delays in the supply that causes by the customer and/or any other third party, including but not limited to : custom authorities, delivery company and the operator will not be taken responsibility for such delays.

Supply items in Israel:

  1. The supply of the items within the state of Israel will be given in one of the several ways:
  • Through the international company mail of Israel
  • Through delivery company: subject to the delivery company conditions.
  1. In case which the supply will be delay (after 30 days from the day of order) in cause of the mail company and/or the delivery company, the operator will not take any responsibility for the delay.
  2. The payment for the delivery charges will be applied on the customer only, the delivery charges are in addition to the items price.
  3. The operator reserve the right to change the amounts of the  delivery charges according to the sole discretion of the operator.

 

Supply items abroad:

  1. The supply of the items abroad will be through the international delivery companies witch the operator will work and bind with directly to the customer address for supply.
  2. In case which the supply will be delay (after 30 days from the day of order) in cause of the company delivery company, the operator will not take any responsibility for the delay.
  3. The payment for the delivery charges will be applied on the customer only, the delivery charges are in addition to the items price.
  4. The user declares that taxes for the acquisition of the items, including customs, will apply to the user according to that country, and the site operator will not have any responsibility regarding these costs and there will not be claims against the operator of the site for those costs. It is  the user’s responsibility to verify the additional costs supposed to be paid by him.
  5. In case which the supply will be delay and/or will not be supplied to the customer as a result of non-payment of import taxes by the customer, including customs at the country and / or delay by the authorities in that country, the operator will not be responsible for it.

 

  1. Address for supply:
  1. The ordered items will be supplied by the operator to the address for supply according to the customer request.
  2. The operator will do its best to supply all the items on time, however unfortunately the items are not always available to supply, the operator do not commits to supply all the items ordered by the customer, subject to all related terms in these terms of use, and the customer dismiss any claim about it against the operator, it is clarified that item that will not be supplied will not be charged by the operator.
  3. In case which an item cannot be supplied, the operator will try its best to supply similar item instead, the operator will contact the customer in order to notice and get the consent to similar item, in case which the customer do not agree to get a similar or different item and/or in case which the operator was not able to contact the customer, the operator will not supply the items and the customer will not be charged.
  4. In case which the customer will not be present at the address for supply during the time of the supply, and the customer will not approve to the customer service that she agrees to put the items next to the door and/or any nearby place,, the item will be returned and the customer will have to coordinate with the operator or the delivery company a new time of supply.
  5. In the additional supply the customer will be charged for the second delivery charges as well according to the delivery company policy.
  6. In case which the customer approved to put the items next to the door and/or any nearby place, the customer declares  that the sole responsibility for the items will be applied on her solely and the operator will be dismissed from any claim in a case of stolen item.

 

  1. . Cancellation of purchases made on the Site:
  1. Cancellation policy will be subject to the Israeli law solely, including but not limited to the consumer protection law -1981.
  2. Any cancellation and/or change and/or money refund for purchases through the website is not possible, all the items are custom made orders, the ordered items are not on stock, the operator is sewing especially each item for each customer according to the customer’s measurements.
  3. The quality of the sold items are very high quality, if items were delivered damaged and/or in law quality and/or there is unsuitability, only in the case that the causes for such cases are caused by the operator only, the operator will check the customer’s claims and will consider to replace the item or the refund the money to the customer and the delivery charges, subject to the operator’s consideration only.
  4. Input by the customer the wrong and/or accurate measurements will not be constitute reason for cancellation, it is the customer responsibility only to input the accurate measurements, however in case of wrong measurements input by the customer, the operator will try its best to fit the item to the right size, but the operator does not and cannot commit to it.
  5. It is clarified, that there is no possibility to return damage items, subject to the fact that such items were not supplied as damages by the operator.
  6. In case of any damage and/or unsuitability that caused by the operator or delivered as such, the customer will have to contact the operator and notice for such claim within 24 hours after receiving the items, failure to provide such notice by 24 hours will be considered as a concession of the customer for any claim for unsuitability and/or dissatisfaction.
  7. In order to return item as a result of damage, the item should be at their original packing and in a new condition, without any marks of use.
  1. Third-side advertisements, links and references on the Site:
  1. The Site Operator or anyone acting on its behalf shall not be responsible for any advertising content or other commercial information published on the Site.
  2. Advertising on the site is not a recommendation and / or opinion or expression of opinion or encouragement or solicitation, on the part of the site operator and in fact any decision regarding the use of economic content found by the user on the site, will be done at the sole responsibility of the user only.
  3. The site may contain links and / or references to other websites and / or sources of information and / or to entities and / or organizations and / or other companies (“Links”).
  4. The site operator does not guarantee that all links found on the site will be valid and will lead to an active website.
  5. Certain link on the site does not indicate that the content of the linked site is reliable, complete or up-to-date, and the site operator will not bear any liability in connection therewith.
  6. The site operator will not be responsible for the contents, data or visual elements to which the links lead, and is not responsible for any result of using them or relying on them.
  7. All communications between the user and third parties to which the links lead will be conducted with those third parties only, under his responsibility and / or their responsibility only, and the site operator shall have no responsibility and / or obligation in connection with such engagement.
  8. The site operator may remove links from the site in the past, or refrain from adding new links – all at its absolute discretion.
  9. We encourage users to carefully review the terms of use and privacy policies of those links.
  10. Without derogating from the above, the site operator is not responsible for any damage – indirect or direct – caused to the user or his property as a result of the use or reliance on the information and content appearing on the sites accessed by him or through use or link existing on the site and / or for use or reliance on information and content published Site by third parties

 

  1.  Limitations of the site operator:
  1. The site operator will not be responsible for the accuracy and accuracy of the content displayed on the site, whether the contents belong to the site operator and / or contents that belong to a third side.
  2. The Site Operator shall not be liable for any damage of any kind that will not be caused and / or caused to the User and / or to a third side in respect of the contents displayed on the Site.
  3. The user and / or any third side that believes that certain content is causing or is likely to cause damage to it must contact the site operator and notify them of it, after which the site operator will investigate the matter and may remove the content if it sees fit to do so. In order to impose liability on the operator of the site and it is emphasized that the site operator is not responsible and will not be liable for any dispute and / or damage caused by use of the site and its contents.
  4. The site operator will not be responsible for the user’s interaction with advertisers on the site.
  5. The site operator is not obligated, in any way whatsoever, to maintain any variety of content and courses on the site.
  6. The site operator may change at any time any of the contents and courses presented in the list of contents and courses on the site, exchange some of the contents and courses in the list or remove some of the contents and courses from the above list.
  7. The Site and all displayed herein may be used without warranty of any kind, either express or implied.
  8. All content displayed on the site is not a substitute for advice by professionals in any field and subject that are presented on the site.
  9. The site is offer to the public “As is”
  10. The Site Operator shall not be responsible for adapting the Site to the User’s needs, nor for the inability to use the Services through the Site, as detailed above.
  11. The user declares that he hereby releases the site operator from any responsibility, directly or indirectly, for any case where the execution of a transaction and / or surfing the site will not be performed, in part and / or in full, for any reason and responsibility for any technical or other problem that damages the ability to use the site.
  12. The site operator does not guarantee that the content will fully comply with or fully satisfy the user’s expectations, and / or that it will not be Including any error (whether technical or in relation to the content displayed), and / or that they will be absolutely compatible with the values ​​of each user, the site operator and / or anyone acting on its behalf shall not be liable and shall not bear, directly or indirectly, any direct, consequential or special, financial or other damages caused by the user / purchase or and third side as a result of or as result of experience and / or reliance of content on the site, Emotional distress, loss of income and / or deprivation of profit caused for any reason whatsoever.
  13. The site operator does not guarantee that the service provided on the site will not be interrupted, will be provided without interruption, and will be immune to illegal access to the website’s computers, damages, malfunctions, malfunctions, failures in the hardware, software or communication lines of the site or any of its suppliers, And shall not be responsible for any direct or indirect damage, aggravation, etc., caused to the user or his property as a result thereof.
  14. Without prejudice to all of the above, the operator of the site will not incur any damage exceeding the price of the content ordered and paid until that time by the user.

 

  1. . Termination of use and indemnity:
  1. The site operator may, at its discretion, terminate the activity of any user of the site’s services, including by blocking the IP number, if he fails to comply with any of the terms of this agreement.
  2. In the event that there is a breach by the user regarding these terms of use, the site operator will, at its discretion, be entitled to disclose his name and the details he knows about him in any legal proceeding, even if no judicial order is given.
  3. The user will indemnify the site operator for any claim, claim and / or demand and / or damage and / or loss, loss of profit, payment or expense, including interest payments and payment of reasonable fees to attorneys and legal expenses incurred by the site operator and / or By the user as a result of the user failing to comply with the provisions of these regulations and / or violating any legal provisions and / or third side rights and / or as a result of the information, details or files that the user has submitted for publication and / or as a result of the user’s failures, As expressed directly and / or indirectly.
  4. The site operator does not guarantee that the site will not be closed and / or that the activity in it will not be terminated temporarily or permanently and reserves the right to close the site and / or its activity at any time at its sole discretion.
  5. Without derogating from the aforesaid, if factors and / or events that are not under the control of the site operator, including communication and computer failures and force majeure events, will delay and / or prevent the transaction from being fully or partially fulfilled and / or the supply of the product that is the subject of the transaction And / or if there are changes in the tax rates and / or levies and / or fees and / or other payments applicable to the products between the publication date of the product and the planned delivery date according to the terms of purchase of the product, the site operator may announce the cancellation of the purchase, And in such cases the user’s credit card will not be charged for the transaction and / or if he is charged – will be refunded.

 

  1. Transfer of rights and obligations:
  1. Without prejudice to the foregoing, it is hereby agreed that the Site Operator may assign its obligations and assign its rights at any time under these Terms of Use to a third side, at its sole discretion, including the transfer of all or most of its assets through sale, merger and / Otherwise, and the management of the site may, at the time of the transfer of the right to collect debts from the user, provided that the rights of the user under this agreement will not be affected by the transfer of ownership.
  2. In the above case, the user information in the possession of the site’s management will be transferred to the third side, who will receive the rights on the site, and the user agrees in advance

 

  1. Prohibited Uses
  1. The user agrees not to make any illegal use of the site and any use contrary to the following terms, including use that may harm or disable the site or harm the user experience of other users of the site.
  2. The User agrees not to obtain or attempt to obtain information or material contained in the Site by any means other than the means provided by the Site to its users, nor to collect any information about other users without their consent.
  3. The User may not assign, sublicense or transfer in any other manner or in any manner whatsoever any of his rights or obligations under this Agreement on his own initiative, without the prior written consent of the Operator of the Site. The site’s operator hereby announces that its policy is to oppose the assignment of rights and obligations of users, at the initiative of the users, and therefore it is most likely that it will not approve a request from customers to do so

 

  1. Intellectual Property.
  1. All intellectual property rights in the content appearing on the Site, including copyrights, distribution rights, trade secrets, trademarks and any intellectual property of any kind, including, inter alia, website design, images, graphic files, applications, computer code, text and / or all Other material, belong to the operator of a website or to a third side that allowed the site to use it.
  2. By no means entering the site or purchasing content in it to grant any license and / or right to the contents of the site and / or part thereof and / or the site code and / or content.
  3. No part of this content may be reproduced and / or reproduced in whole or in part, publicly displayed, distributed, publicly made, transferred to the public domain, modified, processed or created, sold or rented by any media and / And / or broadcast and / or broadcast and / or publicize and / or create derivative works, and / or assign and / or license and / or make any commercial use of any part of the Site and / or Content, directly or indirectly, including By way of connection to other receiving equipment (physical, wireless or otherwise), or in any other manner without the prior written consent of the site operator, any use of the above contents and trademarks appearing on the site And / or logo of the site without permission from the site operator.
  4. The site is for personal use and cannot be used commercially.
  5. The User undertakes not to infringe in any way on the copyright of the Site’s management, whether directly or indirectly, whether in return or not.
  6. The user undertakes not to take any action, whether directly or indirectly, that may harm property rights.
  7. Any use that infringes the copyright and / or intellectual property rights as stated above will serve as grounds for closing the user’s account without any prior notice, and the user will bear all the expenses that will cause the site operator and / or the users of the site himself / The User Account, without derogating from any other remedy due to the Site Operator by virtue of an agreement and / or by virtue of the law. The penetration of the computer system of the site constitutes a criminal offense under the law applicable in Israel.
  8. It should also be clarified that there may be content that does not necessarily belong to the operator of the site, but the site operator has been given permission to make commercial use of the license by law.
  9. All of in the written context of intellectual property as set forth above shall apply to these contents as well.

 

  1. Clarification of Disputes and Jurisdiction:
  1. The jurisdiction in respect of all arising out of the use of this Site and in respect of these Terms of Use shall have unique jurisdiction in the Land of Israel.
  2. The law that will apply to any matter arising out of the use of this website and in relation to these terms of use shall be the law applicable under the laws of the State of Israel solely.

 

  1. Additional Conditions:
  1. The prices displayed in the Services, the Terms of Use, the number of payments and any additional data are subject to the sole discretion of the Site Operator, who may change them from time to time, without prior notice, at its sole discretion.
  2. The service operates on the Internet and therefore naturally depends on various factors such as infrastructure providers, communications providers, server health, storage and the like, which may be damaged, stop operating and be damaged due to various factors. The Site Operator makes no representations or warranties regarding the correctness of the Website’s activity and / or operation without interference and / or malfunctions and / or is immune to illegal access to the Service Computers, damages, malfunctions, malfunctions, failures in the hardware, software or communications lines of the Service or any other cause, and the service shall not be liable for any direct or indirect damage, aggravation, etc. caused to you or your property as a result thereof.
  3. The computer records of the site regarding the actions taken through the site will constitute prima facie evidence of the correctness of the actions.
  4. Unless the user proves otherwise, any content ordering according to the user’s identification information will be considered an action performed by the user himself

 

  1. Customer Service and Contact:
  1. For further details about the Site, its services, the Terms of Use and the Privacy Policy or any other question, you are invited to contact the customer service of the site by telephone, by fax or by e-mail sivanbdstudio@walla.com.
  2. The request will be made by noting the full details, and the management of the site ensures that your requests are processed quickly and efficiently. .