• Effective from: October 02nd, 2020

     

    1. Introduction
      • The use of the website webnail.com.ua, an ecommerce website which enables you, among other things, to purchase products (the “Website” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy and according to any applicable law. By using the Website, You signify that You agree to be bound by the Terms.
      • The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.
      • The purpose of the Terms is to regulate the relations between the operator of the Website (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.
      • The Terms determine Your access to the Website and will apply to any of Your use in the Website including, but not only, use of data, content and services in the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.
      • The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Website, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website.
      • The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
      • It is clarified that the Operator reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
      • The Website is active and accessible at all hours of the day at every day, and You may use it and purchase products at all times. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
      • If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by email: [email protected] It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

     

    1. Definitions

    Content” means the Website, information about Products, and other information available in the Website, online pages, the sorting and display of information and any other illustrative form in the above and in mailings.

     “Service” means the Website, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.

    Website Errors” means any interruption in the Website’s and/or Website’s availability due to reasons which are not directly controlled by the Operator.

    You” or ”Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.

     “Products” means the products available on the Website.

    Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.

     

    1. Purchasing Products Through the Website; Orders, Payments, Shipping Products
      • The Operator is making all efforts to accurately display the Products including, but not only, the description and the images of the Products. However, there may be some accidental mistakes regarding the description and the images of the Products and the appearance of the Products displayed on your device may be different from their actual appearance since the display depends on many factors including, but not only, Your device’s screen quality and display settings. Therefore, it is clarified that all images shown in the Website are for illustration purpose only unless stated otherwise in the Website and such image will not bind the Operator by any means.
      • You may pay via credit card subject to confirmation of payment by the credit card issuer. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
      • The ordered products will be delivered to the address You inserted upon placing Your order via courier provided that Your address appears in the Operator’s shipping areas as will be available from time to time. The Operator reserves its rights to change the shipping methods and/or shipping areas from time to time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
      • Shipping products may be subject to a fee at a cost which will be detailed in the Website which will be added to the total costs of Your order. The Operator reserves its right to update the shipping fees from time to time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
      • Shipping times may be delayed due to reasons and causes that are not controlled by the Operator including, but not only, force majeure, sensitive national security situation at the shipping address, extreme weather conditions, nature disasters (e.g. earthquakes, floods, etc.), and other causes (e.g. roadblocks, fire, pandemic, ), delays caused by  Customs and by the Israel Post and delays caused by strikes and national and bank holidays and any mistyping of the shipping address and Your contact details, and You will not have any claims against the Operator in case of such delay resulting from the above. It is clarified that such delay will not derogate from Your obligation to pay for Your order.
      • It is clarified that should any delivery fail due to any failure to contact You at the time of such delivery, the ordered products will not be delivered to You and You will be required to arrange a new delivery with the Operator at Your own expense and additional shipping costs will be incurred.
      • You may allow a courier to leave the delivery at a certain place without Your presence (e.g. at Your door, in an office or at any person on Your behalf). However, in such case You hereby agree that in case of any loss, theft, defect and/or any mismatch between the item’s description and the received item, the Operator shall not be liable for none of the above and You shall have no claim against the Operator in such case.
      • The Operator shall not be liable for any delays which are not controlled by the Operator and/or any delays caused by You including, but not only, difficulties contacting You. Such delay will not constitute a breach of the Operator’s obligation to deliver Your order and such delay will not derogate from Your obligation to pay for Your order.
      • The delivery will be packaged according to the Operator’s sole discretion and You shall have no claim against the Operator’s packaging.
      • The prices of the Products in the Website do not necessarily match the prices of the Products available at other locations including, but not only, at the Operator’s social media accounts. At all times the prices appearing in the Website are the binding prices for the purpose of purchasing the Products through the Website.
      • It is clarified that the Products are shipped from Ukraine.
    2. Changing and Cancelling Orders and Returning of Products
      • The Operator’s policy regarding order cancellation and returning of products is with accordance to the Israeli Consumer Protection Law-1981, and You may cancel Your order with accordance to the following terms as set forth below.
      • The Operator urges You to check and ensure that the Products You receive match the actual order. Should there be any material mismatch between Your order and the Products You received (e.g. the ordered quantity is different than the quantity received), You are required to notify the Operator of such mismatch within two (2) business days, otherwise it will be considered as Your acceptance of a match between Your order and the actually received delivery, and You will have no claims against the Operator in such case.
      • Should You want to cancel or change Your order, You should contact and notify the Operator of such request no later than the date of the shipping Your order. Such cancellation may be made prior to the delivery of Your order.
      • Upon receiving such notice the Operator will issue You a refund and may, at its sole discretion and with accordance to any applicable law, charge a cancellation fee of 5% of the order cost or 100 NIS, the lower between them.
      • You may cancel Your order within 14 days from the day of receiving Your order provided that any applicable law does not forbid such return and/or cancellation. You are required to send a notice regarding a cancellation of Your order to the Operator, and upon receiving such notice the Operator will arrange with You the return of such products. It is clarified that it is your responsibility to arrange the returning of Your ordered products and returning products shall be made at Your own expense.
      • Upon receiving returned products and subject to the Operator’s inspection and review of such returned products, the Operator will issue You a refund and may, at its sole discretion and according to any applicable law, charge a cancellation fee of 5% of the order cost (including shipping costs) or 100 NIS, the lower between them. This section shall not apply to cancellation due to a defective product with accordance to the Israeli Defective Products Liability Law-1980 and/or mismatch between the product’s specification as appeared in the Website and the actual specification of the ordered product, which in such case no cancellation fees will be charged subject to the Operator’s inspection and reviewal of Your claims regarding any defection and/or mismatch.
    3. Liability and Limitation of Liability; User Content
      • The stock of the products in the Website may change from time to time and some products may be out of stock. In such of ordering a Product which is out of stock, You will not be charged.
      • The sole liability for products which are manufactured by third parties and all information and representations of such products including names of manufacturers, quality of products, product specifications, photos and more shall be the liability of the manufacturers and/or importers and/or authorized retailers of such products. For the avoidance of any doubt, the Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You and/or to any other third parties resulting from any use of such products which are not manufactured by the Operator unless stated otherwise.
      • The Operator makes its best efforts to ensure that the information appearing on the Products match the information of each of the Products. However, there may be mistakes made in good faith regarding details and information of the Products as they appear in the Website. Therefore prior to using any of the Products, You are advised to read the supplement facts as they appear on the product. In case a product You received does not match the product You ordered, You may contact the Operator which will issue You a refund according to the price of the said product and will arrange the return of the said product to the Operator.
      • The Operator does not warrant that all links available on the Website are active and/or will lead to an active website. The existence of such link does not mean that the content appearing in such link is reliable, accurate and/or updated and the Operator does not control such content and the Operator shall have no liability to such links.
      • The Operator will not be liable for damage caused resulting from any purchase through the Website including, but not only, in case the payment was made without the consent of the ordering customer and without him knowing of such order and/or any mistyping of the shipping address and/or the credit card details and/or any communication faults caused by negligence or misconduct by the telecommunication service providers.
      • The Operator enables the Users to upload Content including, but not only, personal information to the User’s profile (“User Content”). The following terms shall apply to the User Content in addition to the Terms.
      • You hereby warrant to the Operator that You will not upload and/or post and/or send to other Users any Content including User Content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code and/or application containing viruses, malicious software and harmful applications, passwords, usernames and other identifying data enabling the use of computer software, digital files, applications and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users and specifically other Users of the Website. It is forbidden to use a false identity, to impersonate, and to mislead the Operator and/or the Users in any way whatsoever.
      • Any reliance on any information uploaded by other Users is at Your sole responsibility and is strictly not under the Operator’s liability.
      • The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Website without prior notice and under its sole discretion, and the User will have no claims against the Operator in such case.
      • The Operator and/or anyone on the Operator’s behalf is not responsible for any User Content posted by users of the Website (which are known as third parties) and has no ability to inspect any Content uploaded and posted to the Website by the Users, and therefore cannot filter any of the User Content and ensure all of the Users’ compliance with the Terms.
      • The Operator doesn’t control any User Content posted and/or uploaded to the Website and therefore cannot ensure the accuracy and/or quality of any User Content. It is clarified that any recommendations or offers to purchase products and/or services by other Users are not provided by the Operator and You are advised to use Your own judgment prior to accepting such recommendation.
      • You understand that during Your use of the Website, You may be exposed to content which may be offensive, disturbing and/or inconvenient to You. Under no circumstances may the Operator be liable for any User Content including any error and/or omission of User Content and/or for any loss and/or damage of any kind caused by You and/or to You resulting of any of Your use of any Content which was published, uploaded, sent by email and/or available on the Website in any way. You are aware that the Operator cannot bear any liability for any User Content uploaded by other Users and the Operator shall not be liable for any opinions and/or content and/or messages of other Users uploaded to the Website and the Operator is not liable for such information uploaded by other Users.
      • You hereby agree and understand that the Operator has the right (but not the obligation) to refuse to publish and/or the right to remove at any time any User Content, at the Operator’s sole discretion, and the Operator reserves its rights to modify and/or remove any User Content at the Operator’s sole discretion and without giving prior notice. Without derogating from the above, the Operator has the right to remove any User Content which is violating the Terms and/or which is deemed inappropriate, and the Operator reserves its rights to refuse to provide services without giving prior notice to any user violating the Terms and/or violating other users’ rights.
      • You hereby declare that any use of advice and/or recommendation and/or service and/or product on behalf of any third party is at your sole responsibility and You will have no claims against the Operator and/or anyone on the Operator’s behalf regarding any damage which may be caused to You due to any use of an advice and/or recommendation of a User as a result of such advice.
    4. Mailings
      • The Operator may offer all its users to subscribe to the fill in a form in the Website in order to be notified of special sales, advertisements, updates, personal benefits and other user and members notifications regarding the Operators’ activities and services, including via Emails and SMS (the “Mailings”).
      • For the avoidance of any doubt, the above terms in this section 8 are bound to the Israeli Communication Law (Telecommunication and Broadcasting-1982).
    5. Intellectual Property
      • All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
      • Without derogating from the above, the Website, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
      • You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.
      • You warrant no to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.
      • The ownership and the intellectual property rights of contents of third parties are owned by their proprietors and may be bound to any terms and third-party licenses which were granted to the Operator (“Third-Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third-Party Agreements regarding Your use of the Website, including any future changes to the Third-Party Agreements.
      • By using the Website You agree that as long as the Website is active, any of Your User Content will be used without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights including any violation of the Israeli Copyright Law Act-2007 and/or any other applicable law. It is clarified that the Operator may use any User Content under its sole discretion provided that such use will be reasonable and legal by any applicable law.
      • The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email as detailed in the Terms.
    6. Use of Personal Information and Security
      • The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.
      • The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.
      • The Website may contain links to external websites owned by third parties which are not controlled by the Operator. The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website. The existence of such link does not mean that the content appearing in such link is reliable, accurate and/or updated, and the Operator shall have no liability to such links. Without derogating of the above, the Operator will not be liable for any direct or indirect damages however caused to You or any of Your property resulting from Your use or reliance on information and/or content appearing on websites You will enter through a link available on the Website.

     

    1. Term and Termination
      • This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
      • The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful). In such cases the Operator shall, where possible, give reasonable notice of such termination.
      • The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website will be considered as consent to such amended terms.
      • The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
      • All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
    2. General Terms, Governing Law and Messages
      • This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted
      • The User Account is personal and non-transferrable.
      • The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.
      • This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Hadera, Israel, for any litigation and/or dispute arising out of this Agreement, and if Hadera has no legal jurisdiction – the courts of Haifa, Israel.
      • All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival obtained by the sender.