Terms of Use 

Welcome to www.labayitgifts.co.il. 

General 

These Terms of Use is a legal agreement between you and La'Bayit Gifts, an Osek Murshe registered in Israel with the company number 337788681 and its affiliates (collectively, the  “Company”), regarding the use of this Website and any Mobile Application related (together, the  “Website”), which includes online or electronic documentation and associated media. These terms  also apply to any updates, supplements, web content or Internet-based services. 

BY USING OR ACCESSING THE WEBSITE, YOU ACCEPT THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE AND/OR  ACCESS THE WEBSITE.  

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions  of these Terms of Use, at any time. It is your responsibility to check these Terms of Use  periodically for any changes. Your continued use of the Website following the posting of changes  will mean that you accept and agree to the changes. 

Any activity made on the site and any legal grounds arising from the use of the site, including the  validity and interpretation of the terms of use, will be governed only by Israeli law regarding both  content and local authority. 

All design and content created by La’Bayit on the website, including, but not limited to, navigational buttons and images, design, artwork, look, appearance, written content, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, and/or other intellectual property, are owned, controlled, or licensed by La’Bayit Gifts and its affiliates.

Such design and content may be protected by copyright laws and treaties and reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Terms of Use of the Website 

All prices listed on the Website on the products are denominated in New Israeli Shekels. Prices  are included VAT but excluding shipping costs (except as otherwise indicated specifically). 

The Company may update the product prices from time to time and the shipping rates without any prior notice. Please note that the valid price for every product is the price published when  completing the order process. 

The Company endeavors to update prices of the products and shipping fees which appear on the site in real time. However, it is clarified that a temporary gap may arise between the  price when collecting the product (which appears in the shopping cart) and the price which appears when completing an ordering process. For the avoidance of doubt, it is hereby clarified that the Company shall not bear any responsibility arising from and/or related to such price disparities. 

The Company does not undertake to keep stock of models and/or products whose pictures appear  on the site, and the images on the Website are for illustrative purposes only. It should be emphasized that there may be differences in color and/or dimensions and/or other changes between the appearance of the products on the Website and the products in reality. 

We have done our best to display as accurately as possible the colors of the products shown on the web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

The Company reserves the right to offer promotions, benefits and discounts on it’s website.  In addition, the Company may at any time discontinue, exchange and/or change these promotions,  benefits and discounts, without any prior notice. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Your Use of the Website 

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any  other systems or networks connected to the Website or to any Company server, or to any of the  services offered on or through the Website, by hacking, password "mining" or any other  illegitimate means. 

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device,  program, algorithm or methodology, or any similar or equivalent manual process, to access,  acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or  circumvent the navigational structure or presentation of the Website or any Content, to obtain or  attempt to obtain any materials, documents or information through any means not purposely made  available through the Website. Company reserves the right to bar any such activity. 

You may not probe, scan or test the vulnerability of the Website or any network connected to the  Website, nor breach the security or authentication measures on the Website or any network  connected to the Website. 

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor  to the Website, or any other customer of Company, including any Company account not owned by  you, to its source, or exploit the Website or any service or information made available or offered  by or through the Website, in any way where the purpose is to reveal any information, including  but not limited to personal identification or information, other than your own information, as  provided for by the Website. 

You may not use the Website or any Content for any purpose that is unlawful or prohibited by  these Terms of Use, or to solicit the performance of any illegal activity or other activity which  infringes the rights of the Company or others. 

You may use the Website for your personal use only, unless you are an approved Seller on this platform. It is strictly prohibited to use the Website for  any purpose other than personal and non-commercial use. In addition, it is strictly prohibited to use any content, text, names or any other material appearing on the Website except for the purpose hereof.

For the avoidance of doubt, users under 18 years of age are required to notify their parents of these Terms of Use and obtain consent to use the Website. Any entry and/or use and/or activity of a  minor on the Website indicates the consent of the minor's parents to these Terms of Use. 

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.

Prices

All purchases on the site are charged in ILS and then converted by the customer's bank into the currency that is held in the customer's account. Prices displayed in other currencies are estimates based on a fixed rate set forth on the site.

Orders Placement 

To ensure order fulfillment as soon as possible, users must supply all required information on the  Website, including name, address, email address, telephone number and credit card. 

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.

In case the transaction is not approved by the credit company, the purchase will not be completed,  and the user will receive an appropriate notification. 

Please note that approval of the purchase is subject to the product's availability at the Company’s inventory and there may be situations where a specific item is missing. In this case, Company will cancel the purchase and return the payment to the purchaser (if paid). 

Cancellations and Returns 

You agree and acknowledge that La’Bayit functions as a marketplace service, providing a platform for gifts for our customers from third party suppliers.

Cancellation shall be subject to the Israeli Consumer Protection Law, 5741–1981 (hereinafter: the  “Law”). Accordingly, a refund will be given solely if the products are returned to the Company in  their original packaging and if not used. No credit will be given for unpaid items such as  promotional offers and vouchers. It is clarified that the Company will have sole discretion as to  the condition of the returned product. 

Shipping and delivery times 

The Company will work to arrange delivery of the products in accordance with the terms of delivery stated on the sales page. Product delivery times will include only the business days calculation (Sundays  through Thursdays, excluding Holidays). 

The Company will not be responsible for the late delivery of the products in the following cases: (a)  Force majeure including war, hostilities, emergency and natural damage; (b) Strike at suppliers of  services or goods needed to manufacture supplies and/or transport the products; (c) Any reason  beyond the control of the Company. 

 Limitation of Liability 

Except where prohibited by law, in no event will Company be liable to you for any indirect,  consequential, exemplary, incidental or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages. 

To the fullest extent permitted by applicable law, in no event will Company, its affiliates, officers,  directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation,  damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business  interruption, loss of anticipated savings, loss of business opportunity) however caused, under any  theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty,  negligence or otherwise, even if Company has been advised as to the possibility of such damages  or could have foreseen such damages. 

To the maximum extent permitted by applicable law, the aggregate liability of Company and its  affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be  limited to an amount greater of one dollar or any amounts actually paid in cash by you to Company for the prior one month period prior to the first event or occurrence giving rise to such liability.  The limitations and exclusions also apply if this remedy does not fully compensate you for any  losses or fails of its essential purpose. 

You agree to indemnify and hold Company, its officers, directors, shareholders, predecessors,  successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands,  loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third  party due to or arising out of or in connection with your use of the Website. 

You understand that La’Bayit does not manufacture, store, or inspect many of the items sold through La’Bayit. We provide the marketplace and venue; the items on our website are produced, listed, and sold directly by independent sellers, so La’Bayit cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release La’Bayit from any claims related to items sold by us, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims). La’Bayit is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through La’Bayit. You release us from all liability relating to that content.

Our website may contain links to third-party websites or services that we don’t own or control. You may also need to use a third party’s product or service in order to use parts of our website and services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. La’Bayit is not a party to those agreements and they are solely between you and the third party.

You acknowledge that La’Bayit does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

Intellectual Property 

All intellectual property rights including and without limitation, copyrights, patents, trademarks  and marks of any kind, trade names, design rights, moral rights, information rights, archives and  broadcasts, advertising and marketing rights, designs, know-how, trade secrets (hereinafter:  "Intellectual Property Rights"), arising from and/or relating to the Website and/or the Content,  including without limitation any text, material and images on the Website, are the sole property of  the Company, or a third party authorized by the Company. 

This Agreement does not transfer to you any intellectual property owned by Company or third  parties, and all rights, titles, and interests in and to such property will remain (as between the  parties) solely with Company. All trademarks, Product marks, graphics and logos used in  connection with Website and/or products or services, are trademarks or registered trademarks of  Company or Company’s licensors.  

Products or Services

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 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 our sole discretion. We reserve the right to discontinue any product at any time. 

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 service rendered by La’Bayit will be corrected.

Disclaimers 

COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE  OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR  THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE  WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE  DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION  PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY  CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE  WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,  INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,  MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY  DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT  OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE  WEBSITE AND/OR ANY COMPANY SERVICES.  

WE ENDEAVOR TO PRESENT THE MOST RECENT, MOST ACCURATE AND MOST RELIABLE INFORMATION ON THE WEB SITE AT ALL TIMES. HOWEVER, THE INFORMATION MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. WE THEREFORE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE AND UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRODUCT DESCRIPTION, PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. IF YOU ARE NOT FULLY SATISFIED WITH YOUR LA’BAYIT PURCHASE, PLEASE CONTACT US AT SUPPORT@LABAYIT.CO.IL.

IN THE EVENT A LA’BAYIT PRODUCT IS LISTED AT AN INCORRECT PRICE DUE TO TYPOGRAPHICAL ERROR OR SYSTEMS ERROR, LA’BAYIT SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR A PRODUCT LISTED AT AN INCORRECT PRICE. LA’BAYIT SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY SUCH ORDERS WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND YOUR CREDIT CARD CHARGED. LA’BAYIT WILL REFUND ANY SUCH REFUSED OR CANCELED ORDERS.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY  LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION  WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY  SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN  BETWEEN THE PARTIES. 

Severability

If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the web site or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. You agree that any claim or cause of action arising out of or related to your use of the website or these Terms may be filed by La’Bayit or its affiliates until the expiration of the statute of limitations in the applicable jurisdiction.

Governing Law 

These Terms of Use and the Privacy Policy shall be solely governed by the Laws of the State of  Israel, and any dispute arising from, or in relation with these Terms of Use, shall be subject to the  exclusive jurisdiction of the competent courts of Tel-Aviv, and each of the parties hereby  irrevocably submits to the jurisdiction of such jurisdiction. 

Language 

The parties hereto confirm their express wish that this Agreement, as well as all other documents  related hereto, including notices, be drawn up in the English language only and declare themselves  satisfied therewith. 

Should you have any questions concerning these Terms of Use or any of our policies, please contact us at support@labayitgifts.co.il.