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Terms of use

  1. Introduction
    1. The Store serves as an electronic shopping mall for the purchase, printing and printing of various images by the Internet community in Israel.
    2. The terms and conditions of these Terms and Conditions shall apply to any use and purchase made by you in this Store. The Terms constitute a binding contract between you and the Store, for all intents and purposes.
    3. Please read these Terms and Conditions in full and in writing, as a precondition for the agreement between the parties.
    4. Browsing the Store and/or purchasing the product and/or service offered for sale therein constitutes your agreement to accept and act according to the instructions of the Bylaws. Therefore, if you do not agree to any of the terms of these regulations, you are requested not to use the Store.
    5. The wording in the masculine format is for convenience purposes only, and refers to men and women alike.
  2. Intellectual Property Declaration and User Agreement
    1. The User declares and acknowledges that he is solely responsible for the quality of the information he has provided to the Company, whether through the Site or by any other means.
    2. The User declares and warrants that he is the owner and/or the owners of the rights to make use of and/or display the information for which he requests the production services of the company.
    3. The User declares and affirms that he is the sole author and owner of the intellectual property of any kind, including, but not limited to, the copyrights, trademarks, sales, advertising, distribution, marketing and moral rights in any information he transmits to the Company, and that in their publication and display on the Site for any purpose and/or execution of any production activities using the Information, there is no violation or infringement of the rights of any third parties.
    4. The User undertakes not to provide the Company with information for the purpose of any production services and/or in general, which constitutes a violation of any right whatsoever of any third party, including but not limited to trademarks, copyrights, trade secrets and/or any other rights.
    5. The transfer of information to the Company through the Site and/or by other means, which is illegal, threatening, defamatory, libelous, obscene, pornographic or racist, or any other material that infringes the privacy of the individual or that may constitute or encourage criminal conduct or establish grounds for civil action or otherwise violate the provisions of any law, is strictly prohibited.
    6. The User declares and affirms that that information he has provided to the company does not represent an offense to public sentiment, an infringement of privacy, libel or slander, and that if any persons are included in the information, that he has received their full permission to publish and or product this information.
    7. The User declares that there is no legal and/or other impediment to transferring the information to the company and to carrying out the desired production.
    8. The User undertakes to refrain from violating any law and/or regulation by using the Company’s services as provided by the Company, including violation of the laws of the State of Israel with regard to the transfer of information between countries and/or via the Internet.
  3.  Warranty
    1. The Company and/or its employees and/or operators and/or anyone acting on their behalf do not examine the content of the information transferred by the User to the Company and/or for which production services are required, and therefore do not bear any liability resulting from the content of the information, including any error, libel, defamation, obscenity, pornography, racism, infringement of privacy, copyrights and any intellectual property rights, or inaccuracies contained in these materials that represent breach of rights and/or any other claim.
    2. The User shall be solely responsible for any claim, lawsuit or demand raised against the Company and/or any person acting on its behalf by any third party for any reason related directly or indirectly to the information transmitted by the User to the Company, including but not limited to, the nature of the information, including the use of graphical elements, text, copyright infringement, trademarks, use of offensive elements that are detrimental to the public, its sentiments or at all. Accordingly, the User shall indemnify the Company, its employees, managers or anyone acting on its behalf for any damage, payment or expense incurred by them – including attorneys’ fees and court costs.
    3. The site as a whole – includes information submitted and made available to the User as is. The company and website do not express any opinion nor are they responsible, either expressly or at all about:
      1. The information found on the site
      2. The information and actions to which access is made possible through access to the site.
      3. Any information or services accessed through a link from the site.
      4. Any damage caused or that may be caused by the transmission of confidential or sensitive information through the Site.
      5. Any damage caused by, or that could be caused by, a defect or malfunction in the software that operates the site or access to the site.
  4. Terms for Production/Service Orders
    1. Authorized Users may order production/printing services for private images and/or any images included in the photo collection on the site at the fixed rates listed on the site.
    2. It is the User’s responsibility to enter valid address and credit card details. The Company and/or anyone acting on its behalf will not bear any responsibility for products that do not reach the Client for reasons that are not dependent on the Company and/or anyone acting on its behalf, including incorrect address or credit card details.
    3. 4.3. The product will be delivered by courier to the address entered for the order by telephone between 7-21 days (depends on the address), except for outlying areas as specified on the website, or in cases where the customer has requested special effects and/or graphics and/or intervention in the image prior to production. In these cases, the product will be supplied  from the date of the customer’s approval of the sketch. It is the responsibility of the User to respond to/call back the courier service provider to coordinate the delivery of the product as a condition for its timely delivery.
  5. Return and/or Transaction Cancellation Policy
    1. The production services provided to the User are personal, according to his specific individual requirements, and cannot be used by and/or transferred to another party.
    2. The User understands and agrees that the goods supplied by the Company are goods that were manufactured specifically according to his order, in accordance with the definition appearing in the Consumer Protection Law, 5741-1981.
    3. Therefore, the User agrees and understands that the Company does not accept returned goods, and that the Company does not cancel transactions after the product has been produced and/or the service given.
    4. In every case where a complaint regarding a defective product is received, the Company will determine the validity of the complaint and its decision will be binding for the customer.  The quality of the product will be determined only at the Company’s Customer Service Center to which the customer will transfer the product.
    5. In those cases where the Company determines that the product is indeed defective, the Company will re-produce the same product and provide the customer with one that is not defective, via registered mail and not by courier.

      In any case, no monetary credits will be granted and the consideration paid will not be returned.

    6. From the moment the product is delivered to the Company User and/or to anyone acting on his behalf, the Company will not be liable in any way for the product and/or its use, including but not limited to the manner of installation and/or shipping of the product and/or any financial or other damage as a result thereof.
    7. In the event that the content of the submitted image presents an ethical issue or infringes the rights of a third party and the management of the site decides not to print the image, the transaction will be canceled and the customer’s credit card will be credited.

      The Store and/or the Supplier shall not be liable for and shall not bear any direct, indirect, consequential or special damage caused to the Client and/or to a third party, including financial damage with respect to a claim that shall be received from someone regarding copyright to images that are not part of the Gallery and that were uploaded by surfers.

  6. Information Security
    1. The transactions on this site are carried out while maintaining the complete and confidential privacy of the data. The data uploaded to the site by the Users is used by the site for the provision of service to the customer only. The Site does not allow this data to be used by other Users and does not transfer it to any third party.
    2. However, in view of the fact that the site is connected to the Internet, it is not possible to guarantee complete immunity against breach of the Company’s computers. Therefore, the option is given to the User to purchase services by telephone or in person at the Company’s offices.  For the avoidance of all doubt, neither the Company not the Site will be responsible for compensation to the User if his details are exposed as a result of an unauthorized breach to the site, despite the security measures operated by the Company and the Site.
  7. Sales – General
    1. The Store will allow you to purchase products and/or various printing services through the Store, conveniently, easily and quickly, at attractive prices through the uploading of private images.
    2. The site is responsible for the copyright of the various images that appear in the galleries.
    3. The images uploaded by the surfers are solely their own responsibility and the copyrights belong only to surfers and are their responsibility.
  8. Sales in a Regular Store
    1. In a normal sale, pictures are uploaded by surfers are offered for sale. The sale process will take place as follows:
    2. Image upload to the site
    3. In a regular sale, each User may choose to submit the credit card details in the Store itself or by leaving the details with the Store’s telephone answering service, as listed.
    4. Completion of the sale process depends on authorization and validation of the telephone transaction and/or via the User’s email within 48 hours of the time the order was placed.
    5. All Store prices include VAT in accordance with the law.
  9. Sale Process
    1. Enter the basic details as they appear on the registration page, such as: Name, address, e-mail address, telephone number, credit card number, etc.
    2. Entering all the details is a prerequisite for the sale. After filling in all the details, the participant becomes an “Operator”.

      To ensure quick execution of the order, efficiently and without mishaps, ensure that all details are input accurately.

    3. Immediately after placing the order, the Store will check the credit card details and with the order confirmation by the credit card companies, the customer will receive the relevant notification that the transaction has been approved.
    4. After approval of the transaction, the sale will be recorded on the Store’s computers and the transaction details can be viewed via the “Customer Card” link in the Store, within 48 hours.
    5. The charges to the person performing the transaction for the cost of the product or service he ordered will be carried out by credit card, after approval of the transaction by the credit card companies.
    6. The details as entered on the registration page as well as the registration of the transaction in the Store computers will constitute conclusive evidence of the correctness of the actions.
    7. Submitting false information is a criminal offense and whomever does so should expect to have criminal and civil proceedings initiated against him.
    8. In the event that the transaction is not approved by the credit card companies, the Operator will need to contact the Store’s Customer Service Center in order to arrange approval of the transaction with the credit card companies.

      In this case, the countdown of days with respect to delivery will begin from the date of transaction approval by the credit card companies. If the transaction does not take place within 7 days of receipt of the transaction rejection notice by the credit card companies, the Store and/or suppliers will consider the transaction canceled.

  10. Supply of Products
    1. The Store and/or the suppliers, as the case may be, will supply the product or service purchased on the site only after telephone coordination and verification of the address listed on the registration page, within the timeframe specified on the sale page of the product, unless specifically stated otherwise.
    2. The Store will supply the product and/or service in accordance with the terms of supply specified on the sales page, subject to full payment by credit card and telephone response to coordinate the delivery service.
    3. The Store will not be responsible for delays in product delivery in the following cases:
      1. Force majeure, and without prejudice to the generality of the foregoing, war, hostilities, emergency situations and natural disasters.
      2. Strike on the part of the suppliers of services or goods required to manufacture and/or transport the products.
      3. Failure to respond to the notification of the courier company to coordinate the delivery of the product.
      4. For any reason beyond the Company’s control.
    4. In restricted-access areas due to security concerns, the Store and/or supplier may deliver the products to customers at a nearby and acceptable location, in coordination with the Customer.
    5. Delivery times for products and/or services as specified on the sales page include business days only, Sunday through Thursday, excluding Fridays, holidays, and holiday eves.
  11. Delivery Charges
    In general: The shipping charges currently on the site are not included in the price of the product.

    1. Shipping costs shall be borne by the Customer at the time of order.
    2. In a sale paid for in installments, the Store and/or the supplier may charge the shipping fees in the first payment.
    3. The Customer may collect the product directly from the supplier, with coordination in advance with the supplier regarding the time and place of pick-up.
    4. It is agreed that in the event of pick-up by the customer, no shipping fees or any part thereof will be returned by the supplier.
    5. The shipping charges on the site refer to shipping in Israel only, to all settlements where personal door to door delivery is carried out via the Israel Postal Service (this list of localities is updated from time to time and published on the Israel Post website).
  12. Privacy Protection – Privacy Charter
    1. The Company and the Site may collect and use the information provided by the User in order to improve the services it provides, to contact the User with updates regarding sales and/or services and products being offered by the Company.
    2. In addition, the Company and the Site may make use of such information for the purpose of analysis and delivery of statistical information to third parties, including advertisers and for other marketing objectives. This information will not identify the User personally and will not include sensitive information as defined in the Protection of Privacy Law.
  13. Updates and Changes
    1. The Company may, at any time, make changes or updates to these terms and conditions of use.
    2. By using the Site you hereby agree to be bound by the Terms of Use at all times, and you must keep track of any changes made to the Terms of Use.
    3. The Company reserves the exclusive right to make any change in the site at any time and for any reason, without prior notice and without any liability on its part.
    4. The Company reserves the exclusive right to change and/or add and/or remove any material

      from the materials posted on the Site, to redesign or to replace the site.

  14. The applicable Jurisdiction of Law
    1. Use of the Site and these Terms of Use are governed solely by the laws of the State of Israel. Any claim and/or demand and/or lawsuit relating to these Terms of Use and/or to the use of the Site shall be the exclusive jurisdiction of the designated court in Tel Aviv, Israel, including site contents, and all as it sees fit and in its sole discretion.