OVERVIEW
This website is operated by Shani Shemer Ltd. Throughout the site, the terms “we”,
“us” and “our” refer to Shani Shemer Ltd. Shani Shemer Ltd offers this website,
including all information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject
to the Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or replace
any part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Our store is hosted on wordpress. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
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SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site. You may not use our products for any
illegal or unauthorized purpose nor may you, in the use of the Service, violate any
laws in your jurisdiction (including but not limited to copyright laws). You must not
transmit any worms or viruses or any code of a destructive nature. A breach or
violation of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You
understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express written
permission by us. The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – CANCELLATION FEES
Cancellation of orders may incur a 5% cancellation fee. This fee covers
administrative costs and processing fees associated with the cancellation.
SECTION 4 – SHIPPING COSTS
Shipping costs for return shipments via DHL are $70 round-trip. Customers are
responsible for these costs in the event of returns or exchanges.
SECTION 5 – PAYPAL TRANSACTION FEES
PayPal transaction fees apply at a rate of 4.5% per transaction for cancellations or
refunds processed through PayPal.
SECTION 6 – RESTRICTION ON SELF-SHIPPING
Customers are prohibited from arranging independent shipping methods for
returns or exchanges. All shipments must be coordinated and processed through
our designated shipping providers.
SECTION 7 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources
of information. Any reliance on the material on this site is at your own risk. This site
may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor changes to
our site.
SECTION 8 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at
any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time. We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
SECTION 9 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject to
return or exchange only according to our Return Policy. We have made every effort
to display as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor’s display of
any color will be accurate. We reserve the right, but are not obligated, to limit the
sales of our products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of products or
product pricing are subject to change at anytime without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where prohibited. We do
not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the
Service will be corrected.
SECTION 10 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e‑mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update your
account and other information, including your email address and credit card
numbers and expiration dates, so that we can complete your transactions and
contact you as needed.
For more detail, please review our Returns Policy.
SECTION 11 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor
nor have any control nor input. You acknowledge and agree that we provide access
to such tools ”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools. Any use
by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s). We may
also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
SECTION 12 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties. Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or websites, or for
any other materials, products, or services of third-parties. We are not liable for any
harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party’s policies and practices and make
sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be directed to
the third-party.
SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries)
or without a request from us you send creative ideas, suggestions, proposals, plans,
or other materials, whether online, by email, by postal mail, or otherwise
(collectively, ‘comments’), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments. We may, but have no obligation to, monitor, edit
or remove content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful,
abusive or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related website. You may
not use a false e‑mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 14 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information
in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order). We undertake no obligation
to update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or on any related
website has been modified or updated.
SECTION 16 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results that
may be obtained from the use of the service will be accurate or reliable. You agree
that from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you. You expressly agree that your
use of, or inability to use, the service is at your sole risk. The service and all products
and services delivered to you through the service are (except as expressly stated by
us) provided ‘as is’ and ‘as available’ for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement. In no case shall Shani
Shemer Ltd, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim,
or any direct, indirect, incidental, punitive, special, or consequential damages of
any kind, including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of any of
the service or any products procured using the service, or for any other claim related
in any way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product) posted, transmitted,
or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shani Shemer Ltd and our
parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by
any third-party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights
of a third-party.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall
be deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes. These Terms of
Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish
to use our Services, or when you cease using our site. If in our sole judgment you
fail, or we suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision. These Terms of
Service and any policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between you and
us and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of Service). Any
ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of Israel.
SECTION 23- CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page. We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
[email protected].
