(A) s.wear (hereinafter: the "Site") is a virtual store operated on the internet for the purchase of products and services by Israeli internet users. The owner and operator of the Site is "Shoko Sportwear Ltd." (hereinafter; "s.wear").
(B) Activity on the Site means any purchasing activity of products and/or services offered on the Site (hereinafter: "Activity").
(C) Any reference made in the masculine in these bylaws refers to the feminine as well.
(D) The provisions of these bylaws apply to any use or purchase made through the Site, and constitutes the legal basis for any litigation between you and Shoko Sportwear Ltd. Therefore, please read these bylaws fully and carefully. Browsing and/or any activity on the Site constitutes an agreement by you that you accept and will act pursuant to the bylaws, and if you do not agree to any of its terms you are requested not to use the Site.
(E) Please be advised that any person using the Site is stating that he is aware of and accepts the bylaws and rules of participation of the Site and that he and/or any representative acting on his behalf will not have any complaint and/or action against the owners of the Site and/or its operators and/or any agents thereof other than actions related to breach of commitments made by the owners of the Site and/or its operators according to the bylaws and these rules of participation.
2. The right/qualification to use the Site
A user is entitled to participate in the sale process to perform activities including purchases, if he meets all of the following criteria:
(A) The user is fit to effect binding legal actions. If you are a minor (under the age of 18) or are not entitled to take legal action without the consent of a guardian, your use of the Site shall be deemed as if you have obtained the consent of the guardian.
(B) The user possesses a valid Israeli identity card or is a corporation duly incorporated under the laws of Israel.
(C) The user possesses a valid international or Israeli credit card, issued in Israel by one of the credit card companies.
(D) The user has an email address on the internet.
Shoko Sportwear Ltd. reserves the right to prevent access to sales and/or may cancel the participation of users whose conduct is found to be improper or contrary to the rules of participation, or which attempts to interfere with the proper administration of the sales on the Site.
3. Sales method
(A) Shoko Sportwear Ltd. enables you to conveniently, easily and efficiently purchase various products and services through the Site.
(B)Every product or service offered for sale displays an "activity page", the product or the service offered for sale and the price of the sale (hereinafter "Activity Page").
(C) To order a product or service you must first choose the product or service.
After choosing a user name and password, you must provide basic details such as a name, address, email address, telephone number and credit card number (hereinafter: "Order Form"), following which the user can "order". It is important to provide accurate details so that the order may be processed quickly without problems, otherwise we cannot guarantee that the order will be processed. After an order is made Shoko Sportwear Ltd. will process the credit card details for verification and upon confirmation of the order by the credit card company, appropriate notice will be sent that the order was approved, noting that the purchase transaction will only be processed after Shoko Sportwear Ltd. receives confirmation from the credit card company of payment of the bill, in accordance with the existing work procedures between them and Shoko Sportwear Ltd. The order will be recorded in the computers of Shoko Sportwear Ltd. and can be viewed in the "my account" link on the Site. Confirmation of the order will also be sent by email within 72 hours from the conclusion of the sale process. The information that is entered into the system at the Site will be used, inter alia, to send emails about special offers or updates on the Site, with your approval only. Kindly note that the sending of the email does not constitute evidence of any action taken and does not bind Shoko Sportwear Ltd. The computerized data processing records of Shoko Sportwear Ltd, which keeps a computerized record of all activity on the Site, shall constitute prima facie proof of the contents therein. The charge for the cost of the product or the service purchased by the customer will be paid through the credit card, after the order is made. Please note that knowingly providing false details may constitute a criminal offense. Civil and criminal proceedings may be initiated against a customer who provides false information, including tort actions for damages incurred by Shoko Sportwear Ltd. due to the disruption of the sale process.
(D) The customer shall receive appropriate notice if the transaction is not approved by the credit card company. In order to complete the purchase, the customer will be asked to call the customer service center of Shoko Sportwear Ltd. to arrange for approval by the credit card companies for the transaction. It is important to remember that an action will only be deemed processed after submission of credit details by the customer. In such instance, the date for shipment will start from the date the transaction was approved by the credit card company. If the customer fails to arrange for approval within 7 days from the date notice is received that the credit card companies refuse to approve the transaction, Shoko Sportwear Ltd. may cancel the order.
(E) If the customer elects not to leave credit card details and wishes to submit the credit card details through the telephone order center, the action will only be deemed processed after submission of the credit details by the customer. In this case, the date of shipment will begin from the date of the submission of the credit details and approval of the transaction is confirmed by the credit card company. Please note that if a customer chooses the option to provide credit details by telephone, and the customer fails to call and/or send an email to Shoko Sportwear Ltd. within 7 days from the date the order was made, Shoko Sportwear Ltd. may cancel the order.
(F) The colors on the Site are for illustration purposes only.
4. Sales method
(A) Sales on the Site are by regular sales method.
(B) A regular sale is a sale of products at a fixed price until the inventory is finished.
(C) The user chooses and purchases a product in accordance with instructions on the Site.
(D) In a regular sale the user may choose to provide credit card details by telephone. To do so he must complete the sale process and choose the option in "method of payment" that he wishes to submit the details of the credit card by telephone through the order center of Shoko Sportwear Ltd. A sale shall be deemed processed only after telephone contact has been made between a representative of Shoko Sportwear Ltd. and the customer, the customer submitted the details and received confirmation from the representative that the sale has been processed. Please note that completion of the sale process by telephone is contingent on availability of the product offered for sale in the store's inventory at the time the sale is processed.
5. Sale times
Under the regular sales method used by the Site, products may be purchased 24 hours every day 365 days a year, until the inventory is finished.
6. Dates of delivery, shipment and transport
(A) Shoko Sportwear Ltd. will deliver each product purchased by you from the Site to the address in Israel that you provide upon submission of your bid. Shoko Sportwear Ltd. will deliver the products or the services in accordance with the terms of delivery specified on the activity page for the products or the services. Shoko Sportwear Ltd. commits to deliver only those products for which payment has been made in full by a credit card as described below.
(B) Shoko Sportwear Ltd. is not responsible for any delay or tardiness in delivery and/or any delivery failure caused by a force majeure and/or events that are not under the control of Shoko Sportwear Ltd. including strikes, slowdowns, etc.
(C) In areas with limited access due to security concerns, Shoko Sportwear Ltd. may deliver the products to another acceptable location near the customer, to be coordinated in advance with the customer.
(D) The bylaws of the Israel Postal Authority [or any other body through which Shoko Sportwear Ltd. ships or supplies the services or products] shall be applicable to each delivery/shipment of a product made through the Site, and binding on every customer.
(E) Delivery of products purchased through the Site shall be made by Shoko Sportwear Ltd. and/or the purchaser has the option to collect the product himself or through someone else at one of the branches of the chain, unless clearly stated otherwise on the Site. The fee for delivery/shipping is to be made by credit card and added to the payment for the product or service, and may not be waived for any reason.
(F) The delivery dates for the products/services specified on the activity page are on business days counted from the day confirmation for the transaction is received from the customer's credit card company (Sunday through Thursday, not including Fridays, Saturdays, holiday eves and holidays). Shoko Sportwear Ltd. will do its best to advance the delivery date and/or accommodate the needs of the customer, subject to the policies of the shipping companies. Please note that if a request is made to cancel a transaction after the product has been shipped, the cancellation is contingent on the return of the product in its original packaging, whole and/or undamaged and/or without marks and/or malfunctions and/or defects of any kind, to the store from which the product was purchased. The shipment fee will not be reimbursed.
7. Customer service
(A) For questions about products displayed on the Site, please feel free to call Shoko Sportwear Ltd. service representatives.
(B) Details of the manufacturer or importer appear on the back of the product sent to you. If the information is not available you many contact Shoko Sportwear Ltd, through its customer service email.
(C) For additional information regarding the Site and its operations, please contact customer service at Shoko Sportwear Ltd. at firstname.lastname@example.org Customer service representatives are available to help you with any query regarding the purchase process or any other subject so that your purchasing experience will be simple and efficient.
8. Confidentiality of the user's information and privacy
(A) In order to purchase a product or service, it is recommended that you choose a user name and personal password to be used by you for all purchases and/or use of the Site. Subsequently you will be asked to provide additional information in order to process the transaction such as your name, address, email address, telephone number and credit card information.
(B) The personal information submitted on the order form is submitted by the customer willingly and with his consent. The submission of this information indicates the customer's consent to the information being submitted.
(C) The submission of personal information enables Shoko Sportwear Ltd. to deliver the products and/or services to the customer and to receive feedback from the customer about his purchase of the products and/or services.
(D) Shoko Sportwear Ltd. will not use the information without your permission unless required to do so by law or to prevent misuse. Shoko Sportwear Ltd. permits access to the information only to those of its employees who require such access to provide service.
(E) Shoko Sportwear Ltd. takes customary precautionary measures to protect, insofar as possible, the confidentiality of the information. All submissions of credit card information are encoded according to regulation, nonetheless, in instances which are not under its control and/or which result from force majeure, Shoko Sportwear Ltd. will not be held liable for any damage of any kind, direct or indirect, caused to you and/or anyone acting on your behalf if this information is lost or unauthorized use is made of it.
A customer who makes a purchase may cancel the transaction in accordance with the provisions of the Consumer Protection Law, 5741 – 1981 (hereinafter: the "Consumer Protection Law"), as will be described below, except for the purchase of specific items which are enumerated in section 14C(d) of the Consumer Protection Law, for which the customer may not cancel the order.
(A) Cancellation of a transaction/sale by a customer prior to shipment of the product:
If the customer wishes to cancel a transaction/sale before his credit card is charged, he may do so by calling customer service or sending a revocation notice to customer service of Shoko Sportwear Ltd. at email@example.com without charge. If the customer wishes to cancel an order after his credit card has been charged but prior to shipment of the product, he may do so by calling customer service or sending a notice to customer service of Shoko Sportwear Ltd. at firstname.lastname@example.org. In this case the customer will be reimbursed by the credit company.
(B) Cancellation of a transaction/sale by Shoko Sportwear Ltd. prior to shipment of the product:
If the customer has not completed his order, due to the failure to enter his name and payment number (credit card) by which payment will be made, within 14 days from the date the order is made, Shoko Sportwear Ltd. is entitled to cancel the order, in its sole discretion.
(C) Cancellation after shipment of the product:
If a customer wishes to cancel an order after the product has already been shipped to him, he may do so by contacting customer service at email@example.com within 14 days of receipt of the product only if the product is in good condition and unused. In this instance the customer may return the product on his own to Shoko Sportwear Ltd. at 10 Hasadnaot, Herzliya Pituach POB 12798, or request that the product be picked up by a Shoko Sportwear Ltd. messenger for a fee.
Shoko Sportwear Ltd. will not accept any damaged goods for return.
(D) Cancellation of service:
A customer purchasing a service may cancel the purchase through the Site within fourteen days from the date the transaction was made, provided that such cancellation is made at least two business days prior to the date when the service is to be provided.
(E) Cancellation due to a defect or inconsistency with information appearing on the Site:
The customer must inspect the product immediately upon its receipt. If the customer accepts a defective product, or if the specification of the product is different than the specifications of the product published on the Site, the customer may revoke the transaction within 14 days from receipt of the product by calling Shoko Sportwear Ltd. customer service, in accordance with Consumer Protection Law, 5741 – 1981.
If the revocation is found to be justified based on the aforementioned reasons, Shoko Sportwear Ltd. will collect the product from the address to which it was sent and will credit the customer with the full price of the transaction through the credit card company.
(F) Cancellation of a sale by Shoko Sportwear Ltd. and termination of activity on the Site:
In any case in which there is a force majeure and Shoko Sportwear Ltd. is unable to operate the Site properly, deliver the products or comply with its other commitments, Shoko Sportwear Ltd. may cancel the contract with the customers, in whole or in part. In this clause "force majeure" means: including computer problems, problems in the telephone systems or problems in other telecommunication systems, any sabotage or security incidents.
If factors and/or events that are not under the Site owner's or its operators' control cause delays and/or prevent the sale of the products and/or the services, of any kind, in full or in part, or in any manner, and/or cause delays or prevent the delivery of the products and/or the services that are advertised on the Site for the dates that have been established, and/or problems occur in the computerization and/or the telephone systems and/or any other telecommunication problem occurs in completing the purchase process, any of the above, in any form and/or if due to terrorist acts and/or any other act of nature the purchase process for the products and/or the services cannot be performed, including by regular sale or delivery of the products and/or the services and/or if changes are made to the tax rates and/or surcharges applicable to the products and/or the services between the date the product and/or the service was advertised for sale and the date of planned delivery according to the terms of purchase of the product and/or the service, the Site may cancel the agreement with the purchasers, all or some of them and/or terminate activity on the Site.
Without derogating from the foregoing, Shoko Sportwear Ltd. may cancel a regular sale if a serious technical difficulty prevented or prevents a majority of the participants of a sale from submitting bids, or disrupts in another manner the proper operations of the sale.
Without derogating from the foregoing, if after a sale is processed, it is discovered that the product and/or the service is no longer held in inventory, Shoko Sportwear Ltd. may cancel the sale or offer an alternative product of equal value. If a sale is cancelled as stated Shoko Sportwear Ltd. will not be liable for or bear any direct, indirect, consequential or special damages incurred by the user or a third party including but not only, losses due to the purchase of the product and/or the service by a third party at a higher price.
Without derogating from the foregoing, Shoko Sportwear Ltd. may cancel a regular sale, if there is a concern that a user or users are attempting or attempted to intentionally sabotage the sale and/or if Shoko Sportwear Ltd. becomes aware after the start of the sale that as a result of factors not under its control the products cannot be delivered at the promised time.
If a mistake occurs in the printing, description of the product and/or the service, its price, terms of payment, picture of the product/service or in any other printed material, or in the receipt of information from the customer, Shoko Sportwear Ltd. may cancel the specific purchase and the fees for the purchase bid will be reimbursed.
10. Warranty and service
All products sold on the Site are delivered with a lawful warranty.
All products offered for sale on the Site are completely new, in their original packaging and enjoy all warranties and service customary in the normal course of business of the commercial companies importing and/or manufacturing and/or marketing them and/or conferring warranties and service on them.
The manufacturers and/or the licensed marketers of the products purchased through the Site bear sole responsibility for the products and/or the services, their delivery, quality, standard and durability and capabilities. The customers of this Site declare that they have been made aware of this clause and that they will not bring any complaints in respect to the above against the owners of the Site and/or operators of the Site and/or any their representatives.
The service providers bear sole responsibility for the delivery, performance, quality and durability of the services offered for sale on the Site.
11. Intellectual property
(A) Any intellectual property rights of Shoko Sportwear Ltd., including patents, copyrights, designs, methods and trade secrets belong solely to Shoko Sportwear Ltd. These rights are applicable to, inter alia, the graphic design of the Shoko Sportwear Ltd. Site, its databases (including product lists, product descriptions, etc.), the computer code for the Site and any other detail related to its operation.
(B) Information on the Site may not be duplicated, copied, distributed, sold, marketed or translated (including trademarks, pictures, texts and computer code) unless prior express written permission to do so is obtained from Shoko Sportwear Ltd.
(C) No commercial use may be made of information appearing on Shoko Sportwear Ltd., in its databases, in the list of products appearing in it or other details advertised by Shoko Sportwear Ltd. without the prior written consent of Shoko Sportwear Ltd.
(D) Information advertised by Shoko Sportwear Ltd. may not be used for display on an internet site or on any other service, without the prior written consent of Shoko Sportwear Ltd. subject to the terms of said consent (if in fact given). This includes a prohibition on gathering data from the Site through programs and/or on the distribution of such data in public commercially or through a commercial framework.
(E) The Site may not be displayed within a frame, openly or concealed and one may not link to embedded links other than the home page.
(F) The Site may not be displayed by a different graphic design or interface other than those designed for it by Shoko Sportwear Ltd. except with it prior written permission.
(G) The name Shoko Sportwear Ltd. and its brand name (s.wear) of the Site, trademarks of Shoko Sportwear Ltd. (whether registered or not), the name of Shoko Sportwear Ltd. and its trademarks – belong completely and solely to Shoko Sportwear Ltd. No use shall be made of them except upon its prior written permission.
(H) Icons, any information and/or exhibit appearing on the Site, including graphics, design, verbal presentations, trademarks, logos, as well as their drafts and presentation belong solely to Shoko Sportwear Ltd. and/or its representatives. The content appearing on the Site may not be copied, duplicated, distributed, published or used in any manner unless prior written permission is obtained from Shoko Sportwear Ltd.
(I) Insofar as Shoko Sportwear Ltd. possesses trademarks and information (including pictures, drawings, etc.) that were submitted to be used in advertisements by companies offering products and services for sale on the Site, then those trademarks and such information belongs to those companies and may not be used without their authorization.
12. Additional conditions
(A) The suppliers of the various products appearing on the Site belong to Shoko Sportwear Ltd. and are operated by it.
(B) A typo in the description of a color shall not bind Shoko Sportwear Ltd. The color catalogue on the Site is intended for illustration purposes only and variations may occur between the colors displayed on the Site, in whole or in part, and the colors actually sold.
(C) Shoko Sportwear Ltd. is not responsible for the contents advertised in links appearing on the Site which lead to other sites reached by the link. Shoko Sportwear Ltd. does not guarantee that a link will bring the user to an active internet site.
(D) Shoko Sportwear Ltd. and/or its representative is not responsible and will not bear any direct, indirect, consequential or special damages incurred by a user or third party as a result of the use or purchase through the Site, that is made contrary to these bylaws, notwithstanding the nature of the claim, including loss of income and/or loss of profits for any reason, and Shoko Sportwear Ltd. reserves the right to cancel the specific purchase with written notice to the customer. Further, the customer is solely responsible for the use of and service required for the product purchased by him through the Site, unless stated otherwise.
(E) Interpretation and enforcement of these bylaws and/or any action or dispute arising therefrom, shall be in accordance with the laws of the State of Israel, and will be adjudicated, if necessary, in court.
(F) The display of the stores, products and/or services on this Site does not constitute any opinion of them, their nature or quality by Shoko Sportwear Ltd.
(G) The computer records of Shoko Sportwear Ltd. regarding the actions taken through the Site constitute conclusive evidence of the accuracy of the actions.
(H) Shoko Sportwear Ltd. reserves the right to change these bylaws and rules of participation from time to time. Only the rules published in the bylaws of the Site are binding on the customers using the Site.
Disputes relating to the purchase of a product and/or service on the Site, and all associated matters will be adjudicated under the exclusive jurisdiction of the courts.