תקנון אתר miryam24k.com (להלן "האתר")

• כללי

55. התכשיטים נשלחים ארוזים, באריזת מתנה וכן נשלחים במעטפה מרופדת.

• פרטיות

56. מפעילי האתר מתחייבים לא למסור את פרטי הגולשים באתר לכל צד ג' שהוא, למעט לחברת האשראי, לצורך ביצוע הרכישה באתר ולמעט בנסיבות בהן החוק מחייב למסור פרטים אלו, ו/או בהתאם להחלטת בית משפט.

טל"ח

Terms of Use

 (Hereinafter "The Terms")

Conditions of miryam24k.com (the "Site")

1. general
2. The Terms are a legally binding contract between the site, which is operated by miryam 24k from89 Dizengof St. and the consumers (Hereinafter (The "Consumer" and or The "User/s"), Regardless of the device being used by the consumer- desktop computer and / or laptop computer, and / or a mobile phone and / or tablet and / or any other electronic or mechanical device.
3. A precondition for browsing and purchasing on the site, is owing a valid credit card and submitting correct and complete details of the users' credit card only, as well as the users' name, identity card number, telephone number and address. The user undertakes that all the above mentioned details, will be accurate. The user undertakes that the above mentioned details, will be precisely identical to the details which are written on the credit card and / or identical to the details on the credit card company's records.
4. Another precondition for browsing and purchasing on the site is a financial capability of the consumer, which enables him to pay for the jewelry being purchased by him.
5. The consumer declares that he is aware to the fact that he has to check before purchasing in the site, that his credit card will be honored and that his credit is higher than the sum of the purchase on the site.
6. The terms are legally binding all the users of the site which is operated by miryam24 k from 89 Dizengof St., regardless of the use made by them, and or the device being used by the user (PC, laptop, smartphone, tablet, and / or mechanical device, and / or optical device of any kind).
7. The user of the site is required to review all the articles of the terms before starting to brows the site. Browsing the site means an explicit consent with all the articles of the terms. If you don't accept all and or part of the articles of the terms, you are requested to leave immediately the site.
8. Browsing and registering the site are personal. The user is prevented from transferring his personal registration details to any third and or forth party. Assignation and or any transfer of the user's account of the site to any person and / or entity in Israel and or abroad Is forbidden
9. The articles headings are intended for convenience only.
10. The Use of the Site requires strict accordance with the provisions of the terms.
11. The liability of the site operators (Hereinafter "The Operators") is restricted to the terms only. The Operators will not be in any way, legally obligated for the actions between users on the site and any third parties.
12. The Operators have no legal liability for the browsing results of the site, and or for the user's satisfaction from browsing the site, including the adjustment of the jewelry being purchased in the site to other clothing accessories of the users, and / or the adjustment of the jewelry being purchased in the site to other jewelry of the users, and / or any allergic reactions to the jewelry being purchased on site. The site operators Have no legal liability for:
    • Any damages, whether directly or indirectly.
    • Any expenses, whether directly or indirectly, due to the purchase and / or use of the jewelry being purchased on the site.
13. This site is an online sales site (virtual store) in Israel and abroad, which is operated by miryam 24k from 89 Dizengof St. Prices for consumers living in Israel, includes vat according to the Israeli law (the consumer is obliged to pay the percentage of vat which is in practice at the time of the purchase). The consumer will have to add to the sum paid by him, all shipping costs, as detailed on the site, paying above mentioned cost and taxes is precondition for receiving the goods being purchased.

Consumers living abroad are exempted from paying vat.

Impersonating to consumer who lives abroad (not in Israel) for the purpose of avoiding vat payment, is a criminal offense, the site operators should not cooperate with the impostors and will take all legal measures against consumers who live in Israel and will impersonated as foreign residents, including submitting complaints to the tax authorities and to the Israel Police

13. Discount Coupons
14. The site operators enable customers to receive discount coupons (Hereinafter- "The Coupons"). The Coupons will be given only to consumers who will express their interest to receive The Coupons and only after receiving the consumer's written consent. The discount rate of The Coupons will be determined solely at the discretion of the operators of the site.

The discount will be given only in return for the approval of the customers for advertising customer's recommendations on jewelry purchased on the site, including of customer's pictures wearing the jewelry on this site, and / or social networks.

15. The discount rate is subject to the delivery of full and accurate information to the website operators. The site operators are allowed to abolish the discount at any time, subject to providing a notice on the website.
16. Cancelling a transaction
17. The site operators in accordance with the provisions of the Consumer Protection Act, 1981 regarding the cancellation of transactions of jewelry on the site.
18. The legal provisions are shown below:
19. The purchase of the jewelry on the site is considered by law as remote sales transactions.
20. A consumer who purchase jewelry on the site, may Cancel the transaction as described as follows:
    • Sending a written massage to the site operators no longer than 14 days from the day of the receipt of the jewelry and the invoice transaction (including the name of the site operators, the VAT registration number, the address, details of the total price of the jewelry, the guaranty).
    • Notwithstanding in section 17.1 of the terms, consumer shall not be able to cancel the transaction, in the following circumstances:
      • Jewelry made especially for the consumer as a result of the transaction. To clarify the matter, consumer who purchase jewelry "as is", may cancel the transaction, in accordance with the provisions of the Consumer Protection Act. Consumer who purchase "maid tailor" jewelry(for example- a different  color, and or a  different decoration, and or different size, and or different  dimensions, and or any other modification of the jewelry which is for sale on the site, and or  consumer who buy jewelry that is not displayed on the site, and demand special and specific manufacturing in accordance with his specific requirements, will not be eligible to cancel the transaction and will not  be entitled  to any refund, except in circumstances of sale of  damaged jewelry, all in accordance with the provisions of the consumer Protection Act.
      • The cancelation notices of a transaction of purchasing jewelry on the site, must be in writing only--mail, fax, or email.
      • Cancellation due to a damaged manufactured jewelry or due to jewelry damaged on shipment, and or due to differences between ordered jewelry  and supplied jewelry, will be done by sending to the operators a written notice of transaction cancellation. The site operators will return to the consumer within 14 days of receiving the notice of cancellation, the money which was paid by the consumer, will cancel any debit regarding the transaction, and will deliver him a copy of the notice of debit cancellation, no cancellation fees will be charged. Cancellation is subject to the operator's inspection of the jewelry in order to verify that the damage was caused during manufacturing, and / or during shipment.
      • It should be noted that the provisions of the law regarding cancellation of a transaction because of a damaged product, do not apply in cases where the damage was caused by the consumer intentionally and or due to negligence, including use not according to the instructions given to the consumer, damages caused by any kind of substances, and / or any other damage an incurred by the consumer.
      • Consumer, who canceled the transaction according to the above mentioned articles, should send the jewelry to the operators of the site, via registered mail and / or courier service, and / or to the store of miryam 24k, which is located on 89 Dizengoff Street in Tel Aviv, by appointment.
      • Cancellation of transaction not due to a damage or differences between ordered jewelry and supplied jewelry- cancellation of jewelry transaction, not because of a damaged jewelry, and / or differences between ordered jewelry  and supplied jewelry, shall be done by sending a written notification to the operators of the site. In these circumstances, the website operators will return to the consumer within 14 days of receiving the notice of cancellation, the money which was paid by the consumer, will cancel any debit regarding the transaction, except of cancellation fee of no more than 5% of the total amount of jewelry being purchased or 100 shekels, according to whichever is less and will deliver him a copy of the notice of debit cancellation. In this section, "cancellation fee" - including expenses or liabilities for shipping, packaging or any expense or other liability, which according to the business has been paid by the business, or have been undertaken because of the transaction or contract, or because of the cancellation.
      • Consumer, who canceled the transaction according to the above mentioned articles, should send the jewelry to the operators of the site, via registered mail and / or courier service, and / or to the store miryam 24k which is located on 89 Dizengoff Street in Tel Aviv, by appointment

21. It should be noted that the above mentioned provisions regarding the cancellation of transactions, do not derogate from the operators site right, to submit claims against consumers who canceled transactions, due to the decline in the value of the jewelry and or due to significant decline in the jewelry value.
22. Without derogating the provisions of the law regarding the cancellation of a transaction, the operators of the site have the right to prevent consumers from purchasing goods on the site, and / or cancel any transactions already made, in the following circumstances:
    • Suspicion of delivering false information, and /or partial information by the consumer, and / or violation of the law by the consumer. Under these circumstances, the site operators are not obligated to deliver the jewelry to the consumer, subject to return of all the money to the consumer (if money has been paid). In addition, the site operators may apply to the police and may execute all legal measures at their disposal.
23. It should be noted that site operators take all possible measures in order to ensure that all products displayed on the site will be in stock. In circumstances where, despite the efforts and measures taken by the site operators, due to unexpected circumstances and due to force major circumstances, a purchased product will not be in stock, the consumer will be liable to receive another product, in condition that the price of the alternative product will not be higher tans the sum of the purchased product. In the circumstances that the consumer will chose a more expensive and / or a cheaper alternative product, he will be required to add money, or will get a credit, correspondingly.
24. It should be noted, that site operators voluntary reserve the right to give warranty for the jewelry being purchased on the site, the above mentioned warranty will be given, despite of the fact that according to the law, they are not obliged to do so, as detailed below:
    • The client will contact the operators of the site, and must describe the required reparation of jewelry and send a picture of the relevant jewelry by email.
    • The decision whether to repair the jewelry is subjected to the sole discretion, of the site operators.
    • In case the site operators approved the repair, the user must send the jewelry on his expanse, the jewelry must be sent by well protected package, the jewelry must be covered by an envelope with bubble wrap and packed in a way which will not harm the jewelry during shipment, and / or to send the jewelry in protected way, by using a courier service, and / or delivering the jewelry to the store- miryam24k -89 Dizengoff Street in Tel Aviv by appointment.
    • The website operators, will provide repair services, usually at no cost, at their sole discretion, in the following cases:
      • Color repairs -back coating will be done within one year of purchase, subject to use in accordance to the instructions use and solely at the discretion of the site operators.
      • Opened loops -will be repaired indefinitely, at the sole and exclusively discretion of the site operators.
      • Brackets Amendments- will be repaired indefinitely, at the sole and exclusively discretion of the site operators.

25. The customers will have no claim and / or demand and / or claim of any kind against the site operators, in circumstances in which they decide not to fix free of charge the jewelry and the operators will be exempt from any direct and or indirect damage and, due to this refusal.
26. Obligations owed by Consumers
27. The following activities are prohibited in the site. The following list is not an exhaustive list and there may be other actions prohibited:
    • Impersonating a person or company.
    • Tracking a person, and / or harassing.
    • Expression, and / or hinting that text, and / or any other content being informed verbally by one user to another user are backed by website operators.
    • Using robot, and / or scanning applications, and or any device, and / or manual process and / or automatically process in order to retrieve, sort, Data Mining, copying, and / or circumvented by any form of navigation structure, and / or presentation of the service or its contents.
    • Disruption and / or interruption to the site, and / or to the sale of the jewelry on the site, and / or to the servers, and / or to networks associated with the site, and / or to collection of money which is carried out on the site.
    • Advertising, and / or sending e-mail, and / or any transfer of material that includes viruses, and / or software code, files or programs designed to disrupt, or limitation of the functionality of computer software or hardware or telecommunications equipment.
    • Bogus header, or an operation with identifying marks in order to disguise the source of information transmitted through the Service.
    • Design and / or reflection of any component of the service.
    • Use of any Meta tags or software code, and / or other devices containing any reference to the operators of the site, and / or to the service and / or to the site.
    • Encouragement of false, and / or misleading information and / or encouragement of information which prompts activity, and / or knowingly illegal behavior, and / or encouraging threatening conduct, obscene conduct, harmful conduct, and / or conduct that constitutes slander and / or defamation.
    • Repair and / or adjustment, and / or transfer by sub-license, translation, sale, implementation of Rivers engineering, decoding, de-compiling, and / or dissolution in any way of any component of the software used by the operators of the site, or allowing others to do so.
    • The users are not allowed to make any commercial use of any kind on the site, without the prior written permission of the website operators.
    • In circumstances of committing any of the acts listed in paragraphs 21.1 to 21.12 above, the user warrant and agree to compensate the operators of the site totaling 100,000 ₪ without proof of damage.

1. Website operator's liability

27. The operators are not liable for and do not bear any liability of any kind, including not for direct and or indirect damages, neither have any liability for direct and or indirect expenses incurred by the consumer while surfing on the website, in the event that other users of the site, including unauthorized users ( "hackers") will publish and / or transmit offensive and or obscene material, on  the site and the site operators do not bear any liability for exposure of users to this information.
28. The site operators will not be liable and will not bear any liability, including direct and indirect damages and / or direct and indirect expenses incurred by the user of the Site in circumstances where the information on the site will be used by third party in order to harm another user of the site.
29. The operators of the site are not liable for the use of personal information published on the sit by the user.
30. The users are required to carefully consider what information they choose to post on the site. The Operators of the site will not bear any liability for the results of posting above mentioned information; the sole liability for posting information on the site will be of the users.
31. The site operators will not be liable for any direct and or indirect damages, including damages for loss of data base, loss of programs, cost of delivery of an alternative jewelry, and / or service interruptions resulting from the use of the site, and / or inability to use the site, including in circumstances where the site operators, and / or their proxies, and / or their representatives knew, and / or being reported about the possibility for such damages. Without limiting the foregoing, the site operator's liability to the user at any ground whatsoever, shall not exceed the amount paid by the user to the site operators for the purchased jewelry on the website.
32. The site operators are allowed to amend the terms at any time, under their sole direction, all the amendments will be published on the site. The user will have no claim of any kind against the site operators due to amendments of the terms, in condition that the amendments will be posted on the site.
33. The user agrees explicitly by using the site, that all the registrations that are being hold by the site operators, are institutional records, as prescribe in the Evidence Ordinance (New Version), 1971, and will be absolute evidence for their accuracy.
34. The provisions of the terms will be forced strictly by the site operators, who will act without limit, in any case of breaching the terms, by a user of the site, and / or a third party.
35. The users are not allowed to do the following:
    • Copying the content on the website, including, reproduction, distribution, publication, or any other use of the content of the site.
    • Prejudice of any kind of third party's rights, and / or the rights of other users on the site.
    • Coping and / or publishing photos, and / or publishing trademarks, without prior written approval from the operators of the site.
    • Producing identical jewelry to the jewelry displayed on the site, and / or similar to them in a way that misleads the users, and / or performing the tort of passing off as defined by law. In circumstances of copying, the site operators will be entitled to take all legal measures available under the law, including court orders against copyists, and orders of asset forfeiture of jewelry, which has been produced copying the jewelry displayed for sale on the site.
36. Users, who violate the law, as described above, bear any direct and indirect costs and any direct and indirect losses, incurred due to the above mentioned measures, including legal fees plus VAT.
37. The operators of the site shall not be liable in case of violation of rights, as above mentioned, the liability for such violation shall be applied exclusively and fully on the violator.
38. .Users of the site are committed to fill on the site only true and accurate details, in addition, users are obliged to fill a correct and  accurate I.D number, credit card number and address of delivery. Filling in false details is a criminal offense, the operators of the site will have no liability whatsoever in case of providing false details. Additionally, the site operators will not bear any liability for any direct and / or indirect, damage for all expenses directly and / or indirectly due to the delivery of the above mentioned false details. The liability to the above mentioned delivery will be applied on the users only.
39. . The users explicitly undertake not to use an:
    • An offensive language or content.
    •  Obscene language or content.
    •  Offensive and / or slanderous content, and / or content that may be defamatory and / or a violation of a provision of law, and in particular the Protection of Privacy Act. User who will not fulfill the provisions of this section, the site operators will be entitled to demand the user an immediate compensation, regarding any demand, claim or request directed to the site operators from any third party.
40. In the circumstances of a breach, as mentioned above, the user will be the sole liable for the consequences of the breach, the operators of the site will have no liability whatsoever in respect of the breach and the user will not have any claim of any kind against the operators of the site and he / she will be precluded from suing the site operators on this issue.
41. The site operators reserve the right to take all legal means at their disposal against users who will violate any law and / or provisions of the bylaws and the terms.
42. The site operators may remove from the site, information of users in the following cases, it should be emphasized that the following list is not an exhaustive list and the website operators may remove from the site information of users on other circumstances, at its sole discretion:
    • The user breached the Law;
    • The user breached an article of the terms;
    • The user filed falls details on the site, including credit card details, and / or ID card, and / or shipping address.
    • The user committed an act or an omission violating the rights of the operators of the site, and / or parties related to the operators of the site, and / or the proper activity of the site, and / or the proper activity of a third party.
43. The site operators will ensure the regular activity of the site. The site operators do not undertake that browsing on the site will not be disturbed, and / or will be given as usual without interruption, and / or failures, including failures of hardware, software, and communication lines.
44. The site operators are not liable for errors, and / or disruptions on the Internet, and / or infrastructure of companies providing infrastructure in Israel and abroad.
45. The user agrees by browsing the site, that the service of selling jewelry on the site, is given without any representation, and / or implied warranties, AS IS. The user explicitly undertakes that he will not have any claim and / or demand against the site operators with respect to the sale of jewelry on the site, the properties of selling jewelry, jewelry sales limitations, or adjusting the process of selling the jewelry to the needs and demands.
46. The images on the site are for illustrative purposes only. The site operators do everything they can, in order that the images on the site will reflect accurately the jewelry which will be delivered to the users, including the description of the jewelry colors and their dimensions. In any case, only the written description of the jewelry is binding, in any case of contradiction between the photos of the jewelry and the description of the jewelry, the written narration describing the jewelry is binding.
47. The interpretation and enforcement of the terms and / or any disputes related directly or indirectly to the terms shall be governed by the Israeli law only and will be executed if necessary in the competent courts in Tel Aviv alone.

48. SHIPMNET

49. Products being purchased on the site, will be sent via Israel post, in accordance with the delivery time of the Israeli post.
50. The counting of days of delivery, do not include Friday and Saturday, and / or unexpected delays of the Israeli post, such as strikes.
51. Below are the delivery time and cost:
    • Registered mil- cost ₪ 15, delivery time- 2-10 business days from the date of the purchase.
    • Registered courier to the customer's home- cost-20₪, delivery time 1-7 business days from the date of the purchase. The delivery of the package is subjected to identification of the client who purchased the jewelry with identity card, the package will be delivered to the owner of the credit card only
    • Registered international air mail shipping-cost -20-30 de₪ delivery time- 10-20 business days from the date of the purchase.
    • Expedited to USA only, - quick delivery to the US Only-Cost an extra $ 10 over the cost of registered international air mail abroad, delivery time- 7-13 business days from the date of the purchase.
    • EMS- cost $ 28 extra, beyond the cost of registered international air mail delivery, time of delivery- 4-9 business days, the delivery will be executed to all the countries in which this service is provided.
52. Customers will be able to track the shipment, on the Israeli Post website.
53. It is emphasized that in exceptional circumstances, the delivery may be delayed by six additional days beyond the dates specified in the code.
54. In addition, a pickup of the purchased jewelry, can be done by appointment only at the store -Miryam24k Tel Aviv 89 Dizengoff St. The store is open on Sunday- will Thursday from 10:00 -21:00, on Friday, from 10:00-16:00.
55. The jewelry is being shipped in wrapped and in a gift package.

56. PRIVACY

57. The site operators will not transfer the consumer's details to any third party, except of the credit card company and or in circumstances they obliged to do so by law and or by court.