Terms and Conditions of Service

Please read this agreement between you and “Aley Dafna”.

Terms and Conditions of Service

1. Introduction
   • Terms and conditions apply equally to both sexes. Use of male form is used for convenience only;
   • Www.aleydafna.co.il – a website that allows you to order flowers and potted plants to your house through via Internet. This site is owned and operated by “Aley Daphna”;
   • The use of this website is carried out by the Users on the basis of agreement with these Terms. The absence of the User’s explicit disagreement with these Terms indicates its unequivocal acceptance of and agreement to comply with them;
   • The company has an agreement with a customer on the basis of the approval and adoption of the rules;
   • The company reserves the right to change the terms of use. The current Code of Practice has been updated on December 16, 2015.
2. Definitions
   • “Firm” – “Alei Dafna” N 302426259
   • “Website” – Www.aleydafna.co.il.
   • “Information” – any file and/or content and/or material in any media, including any text, images, graphics, logos, trademarks, photos, images, including methods of their creation;
   • “User” – any Internet user that comes to the site, and who uses company’s services either through the website or in any other way;
   • “Production” – production, reproduction, processing, increase, decrease, repetition and/or replication and/or publication of any material uploaded to the website of the company and/or authorized for use by Users.
3. Intellectual property, user commitments and warranties
   • User declares and acknowledges that he is solely responsible for the quality and accuracy of the information transmitted to the Firm;
   • User warrants that he is the sole owner and holder of exclusive rights to the information provided to the Firm in order to order goods and/or services and/or delivery of products;
   • The User warrants that the use of any information during the order of the products from the company, there is no violation or violation against any third party;
   • The user undertakes not to transfer the information for any order, delivery, and / or as a whole, which can impair any of their or third party rights;
   • Transfer of the Firm through the web site information that is illegal, threatening, defamatory, obscene, pornographic or racist nature, contains violence, intimidation, discrimination or any other material that violates the privacy or which may constitute or encourage criminal behavior , give rise to civil action or otherwise violate any law, is strictly prohibited;
   • User represents and warrants that the information transmitted by the firm does not harm public feelings, not an invasion of privacy, defamation or libel, and that the receipt of this information does not harm any other person;
   • The User warrants that there are no legal and/or other obstacles to the transfer of information to the Firm;
   • The User undertakes not to transfer information containing viruses and/or any other hazards that may harm the functioning of the Site and/or operation of computer systems and/or other Users’ sites.
4. Trademarks
   • Intellectual property rights on any and all data provided on this Site belongs to the Firm and/or its agents and/or other third party only. Any use of trademarks uses herein without permission and prior written consent is prohibited.
     It refers to:
     – Links (Hyperlinks);
     – Product names and/or advertising of any kind;
     – The trademarks or parts thereof;
   • Do not copy and/or publish any part of information without express prior written consent of the Firm;
   • In connection with this, the User declares that he knows that the information provided on the Site is protected by copyrights, trademarks, registered trade secrets and/or other intellectual property laws.
5. Responsibility for securing the information
   • Company, its employees, operators, their representatives shall only consider the content of the information transmitted by the User to the Firm, and/or data required by the Firm to provide its services, and therefore does not accept any liability related to the content of the information, including errors, libel, defamation, obscenity, pornography, racism, violation of privacy, copyright and intellectual property rights, any inaccuracies in these materials and any other violations;
   • The User is solely responsible for any claim or demand against the Firm by the third party for any reason arising directly or indirectly, out of the information transmitted by the User, including, but not limited to graphics, text, use of copyright, trademark and harmful elements that are detrimental to public order or feelings. User shall indemnify the Firm, its employees, managers or anyone on its behalf from any damage, including attorneys’ fees and court costs, caused by User’s actions;
   • The Site is as a whole and contains information as it is. The Firm does not intend to express any opinion, and they have no responsibility, express or implied, with respect to: the information contained in the database; Information that can be obtained through access to the Site; any information or services that are available via the links on the Site; any damage caused or likely to be caused by a defect or malfunction of the software, which is used to operate the Site.
6. Limitation of Liability
   • Without limiting the foregoing, under any circumstances, the Firm shall not be held responsible (and the user expressly waives any right to bring any action in the connection with the foregoing) for any damages of any kind (including but not limited to direct or indirect damage, financial loss, penalties, injuries and lost profits), which are directly or indirectly related to the provision of services by the Firm and/or the content of the Site and/or copyright and/or damage to the computer, smartphone, tablet user;
   • Without limiting the foregoing, the maximum amount of damages that may be borne by the Firm shall not exceed the amount of the order;
   • Wherever rules apply, this limitation of liability also protects Firm’s directors, shareholders, employees and anyone acting on behalf of the Firm.
7. Conditions of service order and service order delivery
   • Only adults and companies that are fully authorized to conduct operations, have a valid email address, and active and valid credit card are allowed to use of the Site;
   • Authorized Users are allowed to place orders of flowers and potted plants at a fixed price, which are listed on the site;
   • The User is responsible for the proper submission of the address information and credit card data. Company and any of its representatives are not responsible for orders that do not reach the customer due to incorrect or inaccurate information, including address or credit card data;
   • Service will be carried out on the same day if the order is received before 11:00; Orders that were accepted after 11:00 will be delivered the next day or at other times on request, if possible. Working days are Sunday-Friday. If the User wants to obtain delivery on any given day, it should be noted in the order form;
   • Delivery times are subject to change due to force majeure, strikes, acts of war, hatred, and other similar circumstances beyond the control of the Firm. In such cases, the User agrees to extend the delivery time to 48 hours after the above-mentioned events;
   • The Firm may, for any reason and in its sole discretion, at any time to refuse to receive any order or delivery, even if it does not contain prohibited materials, mentioned above. If the Firm refuses to make an order/shipment, the User has no right to make any demands regarding such refusal;
   • The Firm reserves the right to deny access to the site and block the entrance to the Users, non-complying with the existing rules and/or attempting to harm Site’ or Firm’s operation.
8. Data security
   • The company carries out its activities in a reasonable manner with regard to the safety of the data transmitted to it. However, the User must be cautious in maintaining or uploading the data whenever is possible. The Firm is not responsible for the restoration of files of the User damaged or deleted at a time when the User was on the Site of the Firm, and the User will not be entitled to receive compensation from the Firm or its representatives, if there is a described event;
   • In the event of loss of data relating to the placed order or delivery, whereby such order or delivery cannot be completed, the User will be refunded only the amount that he paid. No compensation to the User or his representative, in this event is provided, as specified in paragraphs 5 and 6 above;
   • The company does not undertake any obligation related to the preservation of information, after sending the product to the customer;
   • In any event the Firm is not responsible for any direct or indirect damages caused to the User whether the loss of profit and/or loss of data.
9. Before you confirm the order
   • Before confirming the order, the User must carefully check that the order information entered on the Site is correct, including the volume/size of the target product and contact information.
   • Please note that the images on the Site, including pictures and background are merely examples of the Firm’s products and the Firm is not responsible for these images. If a particular flower/potted plants/other goods is not available in the warehouse, it will be replaced with the available flower/potted plants/other products by the same amount;
   • The company shall not be liable for any errors, misprints by the User. The order will be based on the data entered by the User at the time of pre-order. If an error has been detected, please contact the Firm (request only in writing, by e-mail, fax or phone 03-3726288). Requests for cancellations and/or changes to the order can only be made before the date of commencement of production and preparation of the shipment;
   • The Firm provides order fulfillment optimally and in accordance with the requirements for the manufacture of its products. The User must be aware that the product picture may differ from the actual product, which is available at the time of pre-order. Consequently, there may be deviation between the hue and/or brightness of the colors displayed on the Site, and the actual product may have minor deviations from the actual dimensions. The User expressly waives any claims for such deviations.
10. Pictures are used only for illustration purpose only and in they illustrate the largest size, unless otherwise specified.
11. Pre-order and its delivery
    • Firm’s receipt of the order and its confirmation of such receipt shall not signify that the Firm has started to work on the order. The Firm shall send the order to the production upon validation of the credit card data and receiving the payment from the credit card company;
    • Delivery date of the order, as indicated on the Site, depends on the time when the order was sent to production, which shall occur only after verification of the order and billing information, as stated above. In the event of the production of several products, the delivery date is determined in accordance with the volume of the order, determined from the information sent by the User, and the User agrees to the change in delivery time, relieving the Firm from liability for the delay;
    • All ordered items will be properly packaged and shipped by the Firm. The Firm is not responsible for any damages, including damages to the goods that may occur during transport;
    • The goods are delivered to the consumer based on his choice of all the product options presented on the site, which he made at the end of the order. Customer can also pick up the goods himself by prior arrangement with the Firm in accordance with the contact information and the time of Firm’s business hours as shown on the Site. The Firm is not responsible for product delivery delays due to force majeure or events beyond its control, including strikes and sanctions;
    • User can not change the delivery method after placing the pre-order and making the payment online. This can be done by contacting Customer Service via e-mail or phone number listed on the Site. After User contacts Customer Service, Firm’s representative will contact the User to make the required changes;
    • At the time of order delivery the Firm may require the presence of the credit card holder for identification and signature verification;
    • Detailed information on the areas to which the deliveries are made, is presented on the Site. In the event of special requirements for delivery at a specific time or in a remote location, customers should contact the Firm by email or by phone 03-3726288;
    • In the event of a loss of the delivered product Firm’s liability will be limited to re-delivery of the ordered product, after receiving approval from the deliverer of goods, confirming the loss, and it will carry it out at its own expense, except if the loss is due to the wrong address specified by the User, or ANY KIND of any acts or omissions of the User, preventing the delivery of goods;
    • The company shall not be liable for any direct and/or indirect and/or special losses, including damage to privacy, caused by the arrival of the ordered goods to third parties, or any damage caused to the user due to any failure or delay in the delivery of the product.
12. Return policy products or cancellation
    • Cancellation of the transaction in accordance with these rules, will be in accordance with the provisions of the Law on Consumer Protection 1981 (the “Law on the Protection of Consumer Rights”);
    • The User acknowledges and agrees that the goods provided by the Firm, are goods produced specifically for the consumer on request, in accordance with Article 14 g (d) (4) of Law on the Protection of Consumer Rights;
    • Therefore, cancellation is only possible up to the start of production of the product and must be requested in writing, by sending e-mail to the address: [email protected];
    • All cancellations received after the start of production of the product will not be permitted. After confirmation of receipt by the Firm of the order and correctness of the information, it is not possible to cancel the transaction, in accordance with Article 6 (a) (2) of Consumer Rights Protection of 2010.
    • Cancellation of the transaction is valid only if the User received a notice reference number confirming its cancellation;
    • The Firm with all the responsibility refers to the quality of products supplied to it. Therefore, if you receive the product of improper quality, you have to notify the Firm in writing and deliver the product on the day of delivery to the offices of the Fitm to the address listed on the Site, together with a cover letter or accompanying e-mail with a description of the defects and/or damage to the product;
    • If the Firm receives a complaint about a defective product, it will consider it and bring the decision to the attention of the customer which the customer is obliged to accept. Consideration of the quality of the product delivered to the customer, is carried out in the customer service center of the Firm;
    • In cases where the Firm determines that, in fact, the product is defective, it will carry out the production of similar item of the proper quality to the same customer or the User may receive a monetary compensation in the amount of up to 10% of the total cost of the defective product, at Firm’s discretion; Firm does not provide a cash refund, and it is impossible to receive any other product of the same value.
    • In the event the product is damaged during shipment to the User, Firm may decide to replace or repair this product at their own discretion. In any event, the Firm will not be held liable for such damages, and the User agrees to hold the Firm harmless from any claim in respect of any defects, direct or indirect damage;
    • From the moment of delivery of the product to the User, the Firm and its agents and designees shall not be liable in any way for the use of this product, including, but not limited to, methods of use of the product, moving of the products, any financial loss or other situations which may lead to a product defect.
    • It is the obligation of the customer to check that he had received the product free from defects or damage before it is finally approved and signed the document on receipt of the product at the time of delivery. If there are any flaws in the product delivered to the customer, the customer must immediately upon receipt inform the Firm of any defect or damage to the product.
13. Responsibility for the information
    • Operations on this Site are carried out while maintaining the privacy and confidentiality of data. The data uploaded to the Site by Users, is used to ensure high-quality customer service. The Site does not allow use of this data by other Users, and does not transmit it to the third parties, except in cases where the transmitted data owner consents;
    • Nevertheless, and given the fact that the Site is connected to the Internet, absolute immunity for the permeability of the Firm can not be guaranteed. The User at his own choice has an option to receive services from the Firm, either by coming to Firm’s office or placing an order by phone. To avoid any misunderstanding, the Firm and the Site will not be held responsible if the User data will be disclosed as a result of the intrusion to the Site by any third party, in spite of the adopted security measures used by the Firm and the Site.
14. Confidentiality
15. The Firm may use and collect in a database of Firm data provided by the User when registering on the Site or at the time of purchase, so that to improve the quality of its services, contact the User in order to provide new information regarding the services, as well as the products offered by the Firm or third parties with which the Firm is in contact, including, but not limited to, delivery via e-mail. Users can at any time request to stop contacts in relation to a product or service updates, by sending this message by e-mail : [email protected].
    • Firm “Alei Dafna” does not transfer customer information to the third parties.
16. Links (hyperlinks) to other websites
    • The site contains links (hyperlinks) to other websites that do not belong to the Firm;
    • To avoid misunderstandings, the link on the Site does not mean that the Firm is responsible for the information on the content of third-party website;
17. Advertisements
    • The Firm does not assume any responsibility for the advertisements that may appear on the Site;
    • All advertising materials that are available on the Site, belongs only to its authors. The Firm is not responsible for the content or accuracy of any advertising material on the Site;
    • Appearance of advertising on the Site dose not cause the Firm to be responsible or liable in relation to the advertiser, products or services that are advertised, their quality or accuracy of its description;
    • The information published on the Site on User’s behalf, including in his blog (among other content, advertising, services, products, links to other sites, opinions and views), is not owned by the Firm and/or its representatives, and responsibilities for it is the responsibility solely of the User.
18. Compensation
    The Firm reserves the right to demand compensation for any damage or judicial proceedings, imposed by the operator or its directors or any third party as a result of any damage caused to the Firm’s clients because of violation of the above regulations;
    • Without limiting the foregoing, the User will compensate and indemnify the Firm from any and all claims or demands which may be received as a result of a User breaking the rules and or laws;
    • Reimbursement must be provided for any damage or loss, including legal costs, incurred by the Firm or any of its directors, employees, suppliers and those who act on its behalf ;
    • In addition, the User authorizes the Firm, to the extent possible, forward to its the name the claims of any kind and to act so as to remove all responsibility from the Firm with respect to any User actions that violate the rules and/or laws.
19. Miscellaneous
    • Delay or a temporary stop on the part of the Firm in implementing or enforcing any of its rights in accordance with these rules, shall not be deemed a waiver, explicitly or implicitly, of the observance of this law in the future. The Firm reserves the right to defend its interests, in whole or in part, at any time it deems necessary.
    • Any amount that the User must pay the Firm for any reason, cannot be offset by the amounts that Firm must pay the User, with the exception of cases agreed to by the Firm based on its prior written consent.
    • At any time, at its sole discretion, the Firm may make changes and/or updates to these Terms and Conditions and/or the Site, including various contents without any prior notice and without any obligation on its part;
    • Limitation period for claims submitted by the Users in relation to the Firm, is 12 (twelve) months.
20. Jurisdiction
    • Use of the Site, the interpretation and application of these rules and / or any action or dispute arising out of it will be dealt with in accordance with the laws of the State of Israel.