Terms of use

Terms of Use

Definitions

The terms defined in these Terms of Use shall have the meaning set forth below:

  1. Website shall mean the website at aga-guns.com.
  2. Products shall mean the products offered for sale on the Website
  3. Operator shall mean A.G.A – Alpha Gun Angels Ltd, which operates the Website.

General

  1. Access to the Website is subject to the Terms of Use set forth below and the applicable law. By using and browsing the Website, you express your consent to all terms and conditions set forth herein. The Operator may at any time change the Website Terms of Use without giving prior notice.
  2. The Website Terms of Use are formulated in the feminine form for convenience purposes only, and are intended for women and men alike.
  3. The Operator reserves the right to change from time to time its corporate and/or commercial name and/or articles of incorporation, at its sole discretion, without the need to give any warning and/or prior notice.
  4. Images of products presented on the Website are for illustration purposes only.
  5. The Operator does not undertake to maintain inventory of all models and/or clothes whose images appear on the Website.
  6. Inaccuracies or errors made in good faith may appear on the Website, and the Operator will not bear any liability arising therefrom or related thereto.
  7. All prices on the Website are in New Israeli Shekel (NIS). Prices include VAT, if applicable, and do not include delivery costs.
  8. The Operator may from time to time update the prices of the Products on the Website and the delivery rates, without the need for prior notice. The applicable price for an order is the price published upon completing the order process (which includes giving credit card details). If prices are updated before the order process is completed, the customer will be charged according to the updated prices.
  9. The Operator may offer sales, benefits and discounts on the Website. The Operator may at any time, at its sole discretion, terminate, replace or change such sales, benefits and discounts, without the need to give any prior notice thereof.
  10. Chapter headings are included for the convenience and reference of the customer and will not be used to interpret these Terms of Use.

Links

  1. This Website may contain links to other websites. Such other websites are not owned by the Operator and the Operator does not guarantee their content, reliability and/or validity. Moreover, the Operator does not guarantee that all links on the Website are appropriately functional and lead to active websites. The Privacy Policy of this Website does not apply thereto, and therefore, you should read the privacy policy of each linked website.
  2. No link may be created to this Website without the prior written consent of the Operator.

Intellectual Property Rights

  1. All intellectual property rights, including copyrights, designs, methods and/or trade secrets, are the sole property of the Operator. These rights apply, inter alia, and without derogating from the generality of the foregoing, to data included in the Website, the product list, verbal description, icons and the like, Product description and design, and any other detail relating to the Website operation.
  2. No information on the Website, including trademarks, images, texts, clothing designs, clothing images, etc., may be copied, duplicated, distributed, marketed or translated, without obtaining the Operator’s prior written permission.
  3. If any trademarks (including images, drawings, etc.) are submitted for publication by companies offering products for sale on the Website, such trademarks are the property of those companies and no use will be made thereof without their consent.
  4. It should be emphasized that the Website services may only be used for legitimate purposes.
  5. No computer applications or other means may be operated or allowed to be operated, including software such as Robots, Crawlers and the like, for the purpose of searching, scanning, copying or automatically retrieving content from the Website. Within this framework, no such means may be created or used to create a collection, compilation or database containing content from the Website.
  6. Contents from the Website may not be displayed in a frame, whether revealed or hidden.
  7. Contents from the Website may not be displayed in any manner whatsoever, including by means of any software, device, accessory or communication protocol – that change their design on the Website, or to remove any content from the Website, particularly advertisements and commercial contents.

Carrying Out Transactions on the Website

  1. The Website offers for sale clothing and related Products. By carrying out a purchase transaction on the Website, the customer declares that she accepts the Terms of Engagement displayed on the Website, and that neither she, nor anyone on her behalf, shall have any claim or action against the Operator and/or anyone on its behalf other than claims relating to breach of the Operator’s express obligations appearing on the Website.
  2. Products will be purchased by a registered customer by filling out the order form contained in the Website. It should be clarified that filling out all details is a necessary prerequisite for executing the order.
  3. Each customer may place an order to purchase Products on the Website, provided the following cumulative conditions are met:
  4. The customer is qualified to perform binding legal actions. If the customer is a minor (below the age of 18) and/or is not entitled to perform legal actions without the approval of a guardian, her parents and/or legal guardians should be informed of the provisions of these Terms of Use and their approval should be obtained for any type of transaction carried out on the Website. The responsibility to inform minors wishing to use the Website about the Terms of Use and the supervision of minors’ actions, rests solely with the guardians. Any Action performed by the minors on the Website constitutes the consent of the minors and/or their guardians to everything stipulated in the Terms of Use.
  5. The customer holds a valid credit card issued by one of the credit card companies.
  6. The Operator undertakes not to make any use of the customer’s details, other than in accordance with the Website Privacy Policy, which constitutes an integral part hereof.
  7. To ensure that the order is executed efficiently and without mishaps, the customer should accurately provide all detailed required on the Website. If upon placing the order, incorrect details are provided, the Operator will not be able to guarantee that the products reach their destination. Should the Products be returned to the Operator due to incorrect details, the Operator will be charged shipping and handling fees. Therefore, please make sure to provide accurate and up-to-date details.
  8. It should be clarified that the order details as entered by the customer in the order form and the registration of the transaction in the Operator’s computers will constitute final and conclusive evidence of the correctness of the transaction.
  9. A prerequisite for the approval of any purchase transaction is the approval of the credit card company through which the customer undertook to make the purchase. Should the transaction not be approved by the credit card company, the customer will receive proper notice thereof and be required to provide other means of payment.
  10. The purchase approval is contingent on the Product’s availability in the inventory of the Operator on the requested delivery date. The customer will have no claim and/or action in this regard for any direct or indirect damage caused to the customer and/or any third party. The foregoing is subject to the refund by the Operator to the customer of amounts paid by the customer to the Operator, if any, and/or the cancellation of the charge by the Operator, if made. It should be emphasized and clarified that there may be situations where, even though a particular Product is displayed on the Website as available in the inventory, in actual fact it does not exist in the inventory and cannot be supplied. In such situations, proper notice will be sent to the customer via email or phone and the Operator may offer the customer an alternative Product equivalent to the Product ordered. Should the customer accept the Operator’s offer, the new order details will be updated. If the customer is not interested in such alternative Product, the Operator will cancel the transaction and the customer will have no claim in connection therewith, subject to refund of the amount paid to the Operator by the customer.
  11. Each customer may order a Product and choose a desired destination for delivery by updating the desired destination on the order form; however, the destination last updated by the customer will be stored in the Operator’s database as the customer’s desired destination.
  12. After all details are provided, the binding documents are approved and the customer’s consent to the Terms of Use and Privacy Policy is given, the Operator may, but is not obliged to, display or send updates to the customer through her Website account or via email, including content updates, information about its services and Products as well as services and products of others, sales and Website Innovations within the meaning of Section 30A of the Communications Law (Bezeq and Broadcasts), 5742-1982.
  13. After payment details are entered on the payment page, confirmation of receipt of the payment order will be sent by email. However, it should be emphasized that such confirmation does not bind the Operator to deliver the Products and it only indicates that the order details have been received by the Operator.

Transaction Cancellation and Product Return Policy

  1. The provisions of this Section are subject to the Consumer Protection Law, 5741-1981 (the “Law”) and its regulations.
  2. The customer may cancel the transaction carried out on the Website in accordance with the provisions of the Law and receive a refund in respect thereof or, in the alternative, replace the Product with an equivalent Product or receive a refund, as follows:
    1. Transaction cancellation after receipt of products by the customer. The customer may cancel the purchase transaction within 14 days of receipt of Products. Products will be returned and/or replaced with other Products and/or refund will be provided, provided the following cumulative conditions are met:
      1. The Product will be returned to the Operator together with a tax invoice, no later than 14 days of the date of receipt of the Product, provided that the Product has not been used and the Product labels and/or related products (including buttons, beads, Jewellery, etc.) have not been removed.
      2. Lingerie, tights, underwear and swimwear cannot be replaced and/or returned.
      3. The Product may be replaced with another, or be returned for a refund (a credit voucher issued by the Operator), in accordance with the General Replacement Policy acceptable to the Operator and as may be updated from time to time, within 14 days of the date of receipt of the Product by the customer, and provided that no use has been made of the Product.
    2. Refund will be made by means of crediting the credit card used for the purchase, within 14 business days of the date of receipt of the Product that the customer wishes to return to the Operator.
  3. The Operator reserves the right to cease at any time, at its sole discretion, the Website operations and/or cancel the purchase made by the customer, including but not limited to, in each of the cases listed below:
    1. After the purchase was completed it turned out that the Product is out of stock.
    2. The credit card details and the customer’s full details have not been entered in the system.
    3. Upon making the purchase and/or thereafter, the customer provided incorrect details.
    4. The customer has committed an act or omission that can harm the Operator and/or anyone on its behalf and/or the Website proper functioning and/or any third party.
    5. If an act or omission has been committed that harms or may harm the Website and/or the Operator, or any third parties, including the Operator’s customers, employees and suppliers.
    6. If these Terms of Use or the terms of use of any other online service offered on the Website have been violated.
    7. If a debt is owed to the Operator or its affiliates, and such debt has not been repaid, even though the due date for payment thereof has passed.
    8. If the credit card owned by the customer has been blocked or restricted for use in any way whatsoever.
    9. If the Operator believes that the customer intends to sell the Products purchased by her through the Website to any third party whatsoever. In this context, the customer acknowledges and undertakes not to sell Products purchased by her on the Website to any third party.
    10. If the Operator is unable to properly manage the Website or supply the Products to the customer and/or meet any of its other obligations due to Force Majeure as defined above, including computer malfunctions, phone system malfunctions or other communication system malfunctions, any sabotage or security event.

Under these circumstances, the Operator may cancel the transaction or offer the customer an equivalent alternative Product, at its sole discretion and according to the circumstances of the cancellation. If a purchase is cancelled, as stated, the Operator will not be liable nor bear, either directly or indirectly, any direct, indirect, consequential or special damages incurred by the customer or any third party, including, but not limited to, damages for purchasing the Product and/or service from a third party at a higher price.

Newsletter

  1. Each user agrees that the Operator may send emails in an html format (“Newsletter”) to her mailbox. Each user may remove herself from the Newsletter distribution list.

Database

  1. Certain services on the Website may require registration and disclosure of personal information, such as name, address, etc. Each user must provide accurate, correct and reliable information.
  2. Information provided by users will be stored in a database owned by the Operator. The Operator will use such information subject to the Privacy Policy contained herein.

Liability

  1. The Operator will not be held liable for any consequence of the use of information or services available on the Website.
  2. The Operator will not be held liable for any damage cuased, either directly or indirectly, due to disruptions and/or errors on the Website.
  3. The Operator will not be held liable for any damage, breakdown or failures of hardware or software operating the Website.
  4. The Operator may shut down the Website and change its structure and the services provided thereon, without giving prior notice. The users will have no claim and/or demand in this regard.
  5. If an error is made in the description of a Product, such error will not be binding on the Operator.
  6. In no event will the Operator bear any liability that exceeds the value of the purchased clothing and/or Product or any indirect and/or consequential damage.
  7. The Operator is not responsible for any use made by the customer other than in accordance with the instructions of the manufacturer and/or the Operator, including laundry and/or other use of the Product.
  8. The Operator will not be responsible for delays in the delivery of the Product as a result of events beyond its control, such as malfunctions, delays, strikes, natural disasters, force majeure, computer malfunctions or phone system malfunctions that impair the completion of the purchase process, or email service malfunctions.
  9. If the customer is in the opinion that the Products she purchased through the Website are defective, she is welcome to contact the customer service at +972-54-7779054, and the Operator will use its best efforts to handle the request as soon as possible.

Jurisdiction and Applicable Law

  1. The above Terms of Use shall be governed solely by the laws of the State of Israel. The exclusive jurisdiction in any matter relating to and/or arising from these Website Terms of Use shall be vested in the competent courts of Tel Aviv – Jaffa.

Delivery Costs

  1. Delivery of registered mail for an order exceeding $50 (worldwide) – FREE SHIPPING.
  2. Delivery of registered mail for an order below $50 – $9.
  3. If a delivery is returned to the Operator by the postal service due to the customer’s failure to collect it from the post office, or if the Product is not picked up by the customer from the Operator’s offices after selecting the pickup option, the Operator will notify the customer thereof and the customer will be given the option to choose between another delivery with delivery fees of NIS __ or cancellation of the transaction.
  4. Should the customer fail to notify the Operator, within 30 days of the notice sent to her, whether to deliver the Product to the customer or cancel the transaction as stated, or if the customer fails to pick up the Product sent to her for the second time as well, the customer shall be deemed to have received the Product and the Product shall be deemed to have been actually delivered to her. In such case, the Operator is not obliged to continue to hold the Product for more than 30 days. Should the Operator choose to continue to hold the Product on behalf of the customer for any period at its discretion, it will be entitled to charge the customer storage fees for each day the Product has not been picked up, and to decide at any point to stop maintaining the Product, without the customer having any actions, claims and/or demands against the Operator.

Privacy Policy

  1. The use and visit of the Website constitute the user’s consent to all terms and conditions set forth herein. Disclosure of information to the Website shall be deemed to be the user’s consent to the use, exposure and collection of the information in accordance with the terms and conditions set forth herein.
  2. Certain pages on the Website may contain services requiring registration and disclosure of personal information, such as name,. address, means of communication and email address. Such services may only be provided after all details have been entered in the mandatory fields, as requested. Entry of personal data on the Website shall be deemed to be the user’s consent to the disclosure of such information, and the customer will not be able to raise any claim and/or lawsuit against the Operator in this regard.
  3. The personal data of each customer will be stored in the Operator’s database in accordance with the Privacy Protection Law, 5741-2981. Each customer may at any time request the Operator to review the information about her which is available in such database.
  4. Each customer is entitled to request the Operator to delete and/or change her personal data which is available in the database, and the Operator will act in accordance with applicable law.
  5. The Operator will, to the extent possible, avoid disclosing information from the database in its possession to third parties, and will only do so if explicit consent is given to the disclosure of such information. The Operator will disclose such personal information should it be required to do so by law and/or a competent authority, and for the purpose of performing the services.
  6. The Operator may use personal data provided through the Website and information collected by the Operator about the browsing habits of the users, for the purpose of improving the services offered on the Website, making contact (if necessary) or providing statistics to third parties. Information so collected does not constitute identifying information.
  7. The Operator implements information security systems and procedures on the Website; however, this does not suffice to ensure complete protection of information provided to the Operator through the Website. Therefore, the Operator does not undertake that the services offered on the Website are immune against unauthorized access, and each user should carefully consider any information provided to the Website.
  8. The Operator may, at its sole discretion, change the terms and conditions of the Privacy Policy, without giving prior notice.