Welcome to the Boutique Omri Website (hereinafter: “the Website”). The website is operated by Company (Reg. No: Company ID) (hereinafter: “the Website Management” or “the Company”). The website serves as an e-commerce platform offering, among other things, various products for sale (hereinafter: “the Products”).
General The terms of this regulation apply equally to both genders, and the use of masculine language is for convenience only. The provisions of this regulation and the terms of use on the website define the legal relationship between the customer and the website, the terms of use of the website, and/or the ordering of products from the website, indicating the customer’s consent to these terms and any additional terms appearing on the website. The company reserves the right, at its sole discretion, to update this regulation at any time. These terms apply to the use of the website and the services included in it via any computer or communication device (such as a mobile phone, tablets, etc.). They apply to the use of the website, whether via the internet or any other network or communication means. The provisions of this regulation do not detract from the provisions of the Consumer Protection Law, 1981 (hereinafter: “the Consumer Protection Law”) and the regulations enacted under it, to the extent that they apply to the website (hereinafter: “the Provisions”), except in cases where it is possible to stipulate such provisions, and such stipulation was made on the website, whether explicitly or implicitly.
The company and the website management do their best to present the most complete and comprehensive information about the product, including images. However, it is clarified that there may be inaccuracies and/or errors and/or omissions on the website, made in good faith and without malicious intent, and the company, the website management, and the website will not bear any responsibility arising from such inaccuracies and/or errors.
Section titles are provided for convenience and reference only and will not be used in the interpretation of the regulations. A clerical error in the description of a product/s will not bind the company. Product images on the website are for illustration purposes only. Additionally, there may be differences in appearance, color, size, etc., between the product as presented on the website and the actual product.
It is prohibited to copy and use, or allow others to use, content from the website, including on other websites, in electronic publications, in printed publications, and the like, for any other purpose. The date recorded, for any matter, in the company’s computers is the determining date for all purposes.
Registration on the Website To place an order for products, the customer must register on the website using an online registration form. Any individual, including a company, may use the website, including making purchases through the website, subject to their eligibility to perform legally binding actions, and holding a valid credit card issued by one of the credit card companies (hereinafter: “the Customer”). Registration is a one-time process, after which the customer will not need to re-register each time they make a purchase. During registration on the website, the customer must enter a username and password and their email address. If the customer forgets their password, it will be sent to them as entered during the initial registration on the website to the email address entered on the website. In the future, if and when the customer wishes to purchase additional products, they will be identified by the username and password they chose.
The customer’s details will be updated according to the information entered by the customer in the online registration form on the website. The website management may, from time to time, request additional identification details. Without derogating from the above, the company may prevent any person from using the website, temporarily or permanently, at its sole discretion and without giving prior notice, including in any of the following cases:
- Performing an illegal act and/or violating the law;
- Breaching any of the terms of this regulation;
- Deliberately providing incorrect details;
- Performing an act that could harm the proper functioning of the website and/or any of its suppliers and/or any third party;
- The credit card in the customer’s possession has been blocked or restricted in any way.
Purchasing Products on the Website Purchasing products will be done by adding products to the shopping cart. After adding products to the shopping cart, the customer will enter their details in the designated online form during the order process: first name, last name, phone number, email address, and the details of the order recipient, including first name, last name, phone number, city, street, house number, floor, apartment, entrance, and any other identifying detail that can assist the delivery person in easily locating the property to which the order is being delivered, including comments and information regarding the delivery action and/or if the order recipient is not at home. The fields marked with an asterisk are mandatory, and without them, the order cannot be completed.
To prevent any possibility of a shipping error, the customer must provide only accurate and correct details. During the order completion process, the customer will confirm the order details and the accuracy of the information provided. Providing all the details is a prerequisite for making the order, to execute the order efficiently and without errors. Therefore, all details must be provided accurately.
The customer’s details will be updated according to the online order form on the website. Providing all the required details for purchasing the product by the customer will be considered placing an order (hereinafter: “the Order”). Upon receiving the order, the website will verify the credit card details, and only after approval by the credit card company and/or after receiving approval from PayPal as will be clarified below, the transaction will be approved, and a final order confirmation will be issued. The customer will be charged for the product via credit card and/or PayPal account as will be explained below, subject to the availability of the products in the company’s and website’s inventory.
The details entered in the order form by the customer will constitute conclusive evidence of the correctness of the actions.
Payment Method for the Order Payment for the products will be made using a credit card or an “electronic wallet” service such as PayPal (WWW.PAYPAL.COM, Apple Pay) and any similar service that will be available for use on the website, from time to time at the discretion of the website management. If the customer chooses to use a credit card for payment, they will be required to provide the credit card details, ID number, card type, and expiration date. If the customer decides to pay via PayPal, the company can charge the payment for the products only after receiving approval from PayPal. The use and approval from PayPal are subject to the terms of use of the PayPal website.
The website management reserves the right to stop using any payment method on the website, allow the use of additional payment methods, and apply different payment arrangements to different types of credit cards or payment methods that the website management will honor. After entering the payment details in the online order form, an acknowledgment will be sent to the customer via email indicating the receipt of the order details. It is clarified that this acknowledgment does not obligate the website management to supply the ordered products and only indicates that the order details were received by the website management.
Immediately after placing the order, the website management will verify the payment method used by the customer and notify the customer if the order is approved and their account will be charged for the service cost. In case the transaction is not approved by the credit card company or PayPal account or any other payment method available at that time, the customer will receive appropriate notification, and the website management will contact the customer to complete or cancel the transaction.
Approval of the purchase transaction is conditional on the availability of the purchased product in stock at the requested delivery time and/or at the time of the order. If it is not stated that the product is out of stock and the product has not been removed from the website until the time of the order, the website management will not be obligated to fulfill the order, subject to the website management refunding the customer any amount paid, if paid, or canceling the charge if made for the purchase transaction.
It is clarified that there may be situations where, although the item is displayed on the website as available in stock, it is actually out of stock and cannot be supplied. In such cases, the transaction will be canceled, and the customer will have no claim in this regard, subject to the refund of the amount paid by the customer.
The delivery date will be determined from the day of transaction approval by the credit card company or approval from the PayPal account or any other approved electronic wallet service. If the customer was mistakenly charged by the credit card company, the customer must notify the website management to issue a refund accordingly.
Supply and Delivery of Products The product will be supplied by the website only after receiving payment approval from the credit card company and/or the PayPal account, meaning the product was paid for, as detailed above. The product will be delivered to the address provided by the customer during the order process in the online form. The website commits to delivering the goods within the delivery timeframe to the requested destination and will do its best to ensure that the product arrives quickly. The website management will do its best to supply the products quickly and within 14 business days from the receipt and approval of the order if shipped via registered mail and within 3 business days if shipped via courier.
The product delivery times include only business days (Sunday to Thursday, excluding Fridays, Saturdays, holiday eves, and holidays). Deliveries supplied through the website management’s shipping company are subject to the shipping company’s terms, delivery areas, and coordination with the order recipient.
If the shipping company cannot deliver to the delivery address for any reason, the website management will notify the customer and work to find an alternative solution that meets the satisfaction of both parties.
In cases where the products are supplied via Israel Post, to the delivery address provided by the customer during the order process. The products will be shipped subject to the delivery time of Israel Post and cannot be controlled or supervised by the website management and/or suppliers. The delivery times specified on the website and above do not apply to products that are out of stock on the website and/or the relevant supplier’s stock.
Shipments are carried out by a courier company, through which the products will be transported, and the terms of the courier company will bind the customer.
Shipping fees – in addition to the price of the ordered products, the customer will be charged a shipping fee, which will appear at the end of the order process according to the chosen shipping method unless stated otherwise. The shipping fee will be paid with the product payment. In the case of installment sales via credit card and/or PayPal account, the website may collect the shipping fee with the first payment charge.
The website will not be liable for any delay and/or delay in delivery and/or non-delivery of the products caused by any of the following reasons:
- Force majeure and without derogating from the generality of the aforesaid, war, military operation, emergency operation, and/or natural disasters, and/or events beyond the website’s control such as general strikes and lockouts and/or at suppliers of services or goods required for production, supply, or product transportation;
- Any reason not within the website’s control and/or the company’s;
- A reason related to the delivery person.
The product delivery times mentioned include only business days (Sunday to Thursday, excluding Fridays and Saturdays, holiday eves, and holidays). The customer must immediately notify the website if the product is not delivered within the specified delivery period on the website. In such a case, the new delivery time will be considered from the day of coordinating a new date.
Accurate and up-to-date details must be provided. If the products are returned to the company due to incorrect details, the customer will bear the shipping and handling fees.
Order Cancellation by the Customer The customer may cancel the transaction in accordance with the Consumer Protection Law and the regulations enacted under it. Without derogating from the aforesaid:
- Cancellation will be made only at the business itself upon presenting the purchase receipt.
- Cancellation of a transaction by the customer will not be possible for certain items as specified in Section 14c(d) of the Consumer Protection Law.
- Cancellation of the transaction by the customer is subject to the product being returned, as far as possible or reasonable, in its original packaging.
- After receiving the cancellation notice, the amount paid by the customer for the product will be refunded, deducting cancellation fees (the shipping fees are not part of the product price and will be deducted separately from the refund) at a rate of 5% of the transaction amount or 100 NIS, whichever is lower. In the case of transaction cancellation due to a defect or mismatch, the customer will not be charged any cancellation fees. Additional provisions of the Consumer Protection Law regarding transaction cancellation by the customer, including the obligation to return the product, will also apply.
Order Cancellation by the Company The company may, at its sole discretion, for any reason, and at any time, cancel or terminate a transaction and/or sale and/or cancel an order, in whole or in part, and/or the website’s operation, in whole or in part. Notice of such cancellation or termination will be given to the user or customer, and the company will refrain from charging the customer’s credit card or refund any amount paid for the products, as applicable.
Except for refunding the transaction amount as mentioned above, the user or customer will have no claim, demand, or lawsuit against the company and/or the supplier regarding the transaction cancellation as mentioned in this section.
If it is discovered that a product is out of stock, the website may cancel the order or offer an equivalent alternative item. If the order is canceled, the website will not be responsible for and will not bear any direct, indirect, consequential, or special damage caused to the customer or any third party, including but not limited to damage due to purchasing the item from a third party at a higher price.
Copyrights All intellectual property rights, including patents, copyrights, designs, trademarks, and trade secrets, are the sole property of the company or third parties who authorized the website management to use them. These rights apply, among other things, to the data on the website, including the product list, product descriptions and designs, and any other detail related to its operation. These rights also apply to the website name and domain name (omri.fashion), trademarks (whether registered or not), all of which are the company’s property. They may not be used without prior written consent.
It is prohibited to copy, duplicate, distribute, sell, market, rent, and translate any information from the website, including trademarks, images, and texts, product designs, product images, etc., without prior written consent from the company. It is prohibited to link to contents from the website that are not the homepage (deep linking) and to present or publish such contents in any way unless the deep link is to the website’s webpage in full and as is, allowing for identical viewing and use as on the website, with the website management’s consent.
The website management may instruct the cancellation of a deep link even after giving consent, at its sole discretion, and in such a case, you will have no claim or demand against the website management.
Responsibility The company (and/or anyone on its behalf) does not bear any direct or indirect responsibility for damages arising and/or related in any way to the repair, assembly, and/or replacement of the products. The company (and/or anyone on its behalf) does not bear any direct or indirect responsibility for damages arising from the use of and/or reliance on information published on external websites, accessible through any of the services on the website. It is clarified that the company does and will do its best to cooperate with reliable and reputable suppliers only.
The company (and/or anyone on its behalf) does not bear any direct or indirect responsibility for damages arising and/or related in any way to the use of and/or the website’s performance. In any case, the company will not be responsible for any activity of any other entity not under its full control.
Confidentiality and Privacy All the customer’s personal details (name, email address, etc.) will be kept in the company’s databases. The company will not transfer the customer’s personal details to any other entity except suppliers, as necessary, solely for completing the transaction. The company will not use the customer’s payment details except to execute the payment for a transaction the customer requested, and these details will not be transferred to any other entity for this purpose. To avoid doubt, the payment details are not stored in the company’s databases.
Despite the aforementioned, the company may transfer the customer’s personal details to a third party in cases where the customer has committed an act or omission that harms and/or may harm the company and/or any third party, the customer has used the company’s services to perform an illegal act, if the company receives a court order instructing it to hand over the customer’s details to a third party, and in any dispute or legal proceedings.
The company may use the customer’s personal details, without identifying the specific customer, for statistical analysis and presentation and/or delivery to other entities. Since these actions are performed in an online environment, the company cannot guarantee absolute immunity against unauthorized intrusions into its computers or exposure of the information stored by perpetrators of illegal actions. If a third party manages to penetrate the information stored by the company and/or misuse it, the user will have no claim, demand, or lawsuit against the company.
The company may use “cookies” to provide the user with quick and efficient service and save the customer the need to enter their personal details upon each website entry. In cases beyond the company’s control and/or resulting from force majeure, the company will not be responsible for any damage of any kind, direct or indirect, caused to the customer and/or anyone on the customer’s behalf if this information is lost or used without authorization.
Law and Jurisdiction The law governing this regulation and/or any action and/or dispute arising from it is exclusively Israeli law. In any case of dispute, the courts (Magistrate or District) in Nazareth will have exclusive jurisdiction. The law governing the use of the website, the order, and this regulation, including its interpretation and enforcement, is exclusively Israeli law.