TERMS AND CONDITIONS
Promotop operates the website https://us.promotop.co.il. Please read the website’s terms and conditions carefully before any use and/or action on the website, including purchasing products offered on the website. Any action indicates the customer’s agreement to accept and act according to the provisions of these terms and conditions. This document is written in the masculine gender but addresses all genders.
General
These terms and conditions constitute a binding legal agreement between the website user (hereinafter: “the User”) and the Company. The provisions of these terms and conditions shall apply to any use made by the User on the website and to any purchase made by them on the website. The use and/or purchase on the website constitutes agreement to the terms detailed in these terms and conditions. Therefore, every user must carefully read these terms and conditions before taking any action. If the User does not agree to any of the terms of these terms and conditions, they are requested not to make any use of the website. The Company is entitled to change, cancel, and/or replace these terms and conditions at any time according to its sole discretion and in accordance with the provisions of any law. In any case of contradiction between the provisions of these terms and conditions and the provisions appearing in other content on the website, the provisions of these terms and conditions shall prevail.
Placing an Order on the Website
When placing an order on the website, the customer must provide accurate, complete, and up-to-date information. Payment on the website will be made by credit card. When placing an order on the website, the Company will perform a check of the credit card details, and upon approval by the credit card companies, an appropriate notification will be given that the transaction has been approved or declined. If approved, the order will be recorded in the Company’s computers, and the customer will be sent an email confirmation regarding the transaction. It is clarified and emphasized that only an order confirmation received in the customer’s email, including the relevant order details, including the order number, customer details, and order details, will constitute confirmation of the order’s receipt by the Company. As long as confirmation has not been received from the credit card company and such confirmation has not been sent, the order action by the customer will have no validity. If the order is not approved by the credit card company, the order will be considered void, and the Company will not bear any responsibility for the cancellation of the order, and the customer will have no claim and/or demand against the Company regarding the cancellation of the order as stated.
Purchase Completion
The purchase transaction will only be confirmed upon receipt of a transaction confirmation from the credit card company through which payment was made. As long as confirmation has not been received from the credit card company, the purchase transaction by the buyer will have no validity. It is clarified that in certain cases and for the purpose of completing the purchase, the Company and/or anyone on its behalf may contact the customer who placed an order from the website by phone or SMS message to complete additional details required for the purchase completion.
Blocking a User and/or Canceling an Order
The Company may, at its sole discretion, cancel any order and/or prevent a user from using the website and/or purchasing products on the website by blocking them, including (without limitation) due to any of the following cases:
• The user has committed an illegal act and/or violated the provisions of the law and/or breached any of the terms of these terms and conditions.
• The user has committed an act or omission that may harm the Company and/or anyone on its behalf and/or the proper operation of the website and/or any third party.
• The user provided incorrect and/or misleading details during registration and/or afterwards.
Product Display and Prices
In the event of an error in the product description and/or its price and/or payment terms and/or the product image or any other printed material, the Company may cancel the specific order before the product is delivered to the customer. Notification of order cancellation may be given to the user at the telephone number they provided to the Company and/or in writing to the updated email address held by the Company, at the Company’s discretion.
Temporary/Permanent Lack of Stock
The User is aware and agrees that despite the Company’s efforts to ensure that the website is up-to-date at all times, sometimes certain products appearing on the website may be out of stock. The Company does not guarantee that a particular product is in stock at all times. The Company does not guarantee the existence of sufficient stock at all times, and no reliance should be placed on this.
Cancellation and Return Policy
We ship from Israel, and due to the challenging period in Israel, there may be delays that are beyond our control. We make our best efforts to send you the goods as soon as possible. Once the order has left Israel, it is not possible to cancel the order, and there is no refund for the products. In any case whatsoever resulting from a delay, cancellation, or non-delivery, or any problem of any kind, including a defect in the products, the Company will not be liable for any indirect damage of any kind beyond the cost of the products.
If the order cancellation is due to a defect in the product supplied to the customer, or due to a discrepancy between the product and the details provided to the customer regarding the product’s characteristics:
• The customer will act to cancel the order as soon as possible through one of the ways detailed in the section below.
• The right of cancellation will be valid for the customer for 14 days, starting from the date of the transaction and up to 14 days from the date of receiving the product or from the date of receiving written confirmation of the transaction and its terms, whichever is later. Notwithstanding the foregoing, people with disabilities and senior citizens may cancel a transaction within one month from the date of the transaction, receipt of the product, or the document summarizing the transaction details. The customer will be credited upon completion of the inquiry within 30 business days.
• Order cancellation will be made through one of the following ways: via the “Contact Us” form on the website, or by sending an email to the address listed on the website. In the cancellation notice, the customer will provide the Company with the following details: their full name, identity card number, product name, purchase date, and contact details.
• Additionally, in any case of transaction cancellation, the buyer will be required to present the Company in the cancellation notice, in addition to the details mentioned above, a copy of the invoice – if the customer states they do not have it, any other proof, to the Company’s satisfaction, regarding the transaction itself, its date, the amount paid for it, and the payment method. After sending the order cancellation notice, a customer service representative will contact the customer to continue the order cancellation process.
If the transaction is canceled as stated above, the Company will return to the buyer the full consideration they paid (if they paid). The buyer will not be entitled to any compensation for the cancellation of the transaction.
Delivery Times
Product delivery will be carried out within 10 business days, depending on the capabilities of the shipping company. If the recipient is unavailable and/or location problems arise, there may be delivery delays. The Company will not be responsible for delays in delivery times that are beyond its control and/or originate from the customer, including but not limited to delays due to difficulty contacting the customer during coordination hours. Such a delay will not be considered a breach of the Company’s commitment to deliver the product. A customer who instructs the courier and/or authorizes them to leave the intended package anywhere and for any reason will bear full responsibility for any loss and/or damage caused to the package, and the Company will be exempt from any liability whatsoever.
Information on the Website
The information published on the website and/or the use of the offered products does not constitute a promise of any result and/or warranty regarding the manner of operation of the products. Any image or presentation of a product included on the website is for illustrative purposes only, unless explicitly stated otherwise.
Rights on the Website
All rights to the content and images appearing on the website, which originate from the Company and/or anyone on its behalf and/or have been transferred to it, including copyrights, distribution rights, and any other intellectual property, belong entirely to the Company. Without detracting from the foregoing, all rights to the website’s design and the manner of processing and displaying the content on the website belong entirely to the Company. The content on the website is intended for the User’s personal use only, and no other use may be made of it, including commercial use. No content from the website may be copied and/or reproduced, and/or copied and/or printed for distribution and/or publication in any way, except with the Company’s prior written consent. The trademarks on the website are the sole property of the Company. Trademarks displayed on the website on behalf of any advertisers are the sole property of those advertisers. No use may be made of the trademarks without the prior written consent of their owners. No content from the website may be displayed in any way, including through any software, device, accessory, or communication protocol that alters their design or functionality or omits any features or information from them. The Company may, at its sole discretion, immediately block and/or cancel, for a limited or unlimited period, any user’s access and/or any content from the website, without the need to provide a reason or explanation. A user will not be entitled to re-register on the website under a different username if the Company has decided to block them.
Confidentiality and Privacy
Promotop respects the privacy of users of the website it manages and operates. These terms will inform you of the privacy policies in place on the website, including how the Company uses information provided to it by website users or collected by it during website use. It is emphasized: The website user is not obligated to provide their identifying details to use the website. We wish to use your data to inform you about activities, promotions, and provide you with additional relevant information that may interest you, but your participation is entirely voluntary. If you do not agree, you are free to notify us at any time by mail or by sending an email to [כתובת אימייל שהוסרה] so that we can accurately prevent the use of your data. For more information, please contact the website services. If the user has declared and agreed to registration on the form, they will be added to the customer list. During website use, information about the user’s purchasing habits (products purchased, information about advertisements they expressed interest in, categories they viewed, offers that interested them, etc.) may be accumulated by the Company. The Company will retain the information (excluding credit card details). The use of this data, as well as the data provided during the various registration processes on the website, will only be done in accordance with this document and/or in accordance with the provisions of any law. The Company will use the aforementioned data for the purpose of anonymous statistical analysis and segmentation, as well as to generate content relevant to each user (promotions, etc.). The Company will not transfer to external parties that are not entities acting on its behalf the data collected about the user and their activity on the website, insofar as this data allows for their identification, except in the following cases:
• If they violate the terms of use of the website and/or perform through the website or in connection with it actions that appear to be contrary to law or attempt to perform such actions.
• In accordance with the instructions of a judicial order instructing the Company to provide the data.
• If any dispute, claim, demand, or legal proceedings arise between the user and the Company and/or anyone on its behalf.
• In any case where, in the Company’s opinion, the provision of the data is necessary to prevent serious damage to the user’s body or property.
The Company will be entitled to provide the user’s details to the credit card company required to approve the transaction on the website.
Consent to Receive Advertising Material
Insofar as the customer has confirmed or will confirm receipt of information, updates, and any advertising material as defined in Section 30A of the Communications Law (Telecommunications and Broadcasting), 5742-1982, via email and/or other electronic means (including SMS messages and/or WhatsApp messages), the customer will be entitled to withdraw this consent at any time and notify the Company of their refusal to receive advertising material in accordance with the instructions regarding the advertisement sent to them.
Liability
Everything appearing on the website, including commercial offers and/or advertisements of third parties regarding the various products, and in general, is general information only. The information should not be seen as a promise of any result and/or warranty regarding the manner of operation of the products. The Company will not be liable for any damage, direct or indirect, caused as a result of reliance on the information and/or links to other websites and/or any other internal/external source of information.
Confirmation of the Terms and Conditions
The User declares that they have read these terms and conditions, that they are agreed upon, and that they and/or anyone on their behalf will have no claim and/or demand against the Company and/or anyone on its behalf, except for claims related to a breach of commitment by the Company and/or anyone on its behalf according to these terms and conditions. Furthermore, the User agrees to their applicability to the purchase transaction. It is emphasized that the very act of performing an action on the website constitutes an absolute, final, and irrevocable notice from the User that they have read, understood, and agreed to the provisions of these terms and conditions.
Jurisdiction
The provisions of these terms and conditions shall be governed solely by the laws of the State of Israel.
Customer Service
For any questions regarding the website and/or the products offered on it, you can contact the Company’s customer service through the “Contact Us” page on the website or by email at contact@promotop.co.il