Our Terms & Conditions
Terms and Conditions of '1of135'
First- we would like to thank you for choosing www.1of135.com
Before you continue with your purchase or other activity on our Website, please read the terms of service below. To make purchases through this Website, you must agree to all the terms and conditions included in these Terms of Service. We recommend that you read them through carefully.
The contents of these Terms of Service address both genders equally; use of the masculine form is for convenience only.
· www.1of135.com (hereinafter: “the Website”) is a virtual store operated on the internet for the purchase of products and services by internet users.
· The owner and operator of The Website is Irit Hayon Ltd., its business address is 1 Itamar Ben-Avi Street, Tel Aviv, Israel (hereinafter: The Company”).
· Activity on the Website means any use of the Website, including the purchasing of products and/or services offered on the Website (hereinafter: "Activity").
· The provisions of these Terms of Service apply to any Activity by the Buyer, as defined herein.
· Products – all the items offered for sale on the Website – limited edition artwork, prints and wall galleries.
· Buyer – includes any customers/internet users/companies.
· Date of purchase – the day when the transaction is approved by the credit card company entered by the Buyer and/or PayPal.
· Order Confirmation - the invoice and transaction details.
· Shipping address – the address entered by the Buyer in the shipping address field of the order form.
· Desired date of delivery – the date entered by the Buyer, as the date he prefers to receive the product.
· Date of delivery – the day the goods arrive at the desired shipping destination.
· Business days: Sunday-Thursday, excluding Jewish Holidays.
· Use of the Website and/or purchase of a Product offered for sale on the Website constitutes confirmation that the Buyer has read these Terms of Service and agrees to comply with the provisions and conditions contained herein, and that the Buyer or his representatives shall have no claims and/or demands and/or complaints of any sort against the Website and/or the Company and/or the management of the Website and/or its executives and/or employees on matters relating to the provisions and conditions contained in these terms of service.
· Therefore, if you do not agree with these Terms of Service, you are requested not to make use of the Website.
· These Terms of Service apply to any use of the Website and the services offered therein via a computer or any other communications device (including mobile phones, tablets and any other electronic devices). These Terms of Service also apply to use of the Website, whether it is accessed through the Internet or any other network or means of communication.
· The Company does not guarantee in-stock availability of all the models and/or images listed on the Website.
· The images displayed on the Website are for illustrative purposes only, and the management of the Website and Company will do their best to provide accurate representations of the products, to the extent possible.
· For obvious technical reasons, the colors you see on your screen may differ from the colors of the actual picture, poster or painting you receive. The differences are usually minor, depending on the quality of your screen. The Website’s operator is doing its best to provide you with a top quality product, but will not replace a product because the colors are not identical to the colors and textures observed by the user when visiting the Website.
· The Company and the management of the Website are doing their best to provide users with complete and accurate information on the Products, including images. Nevertheless, note that inaccuracies or mistakes may occur in good faith, with no malicious and/or deceptive intent, and the Company, the management of the Website and the Website will not be held liable as a result of said mistakes or inaccuracies.
· All Product prices listed on the Website include VAT, as required by law.
· The Company’s digital records of the users’ activity on the Website will constitute evidence of said activity.
· If you have questions concerning the Website, its Terms of Service, our Products or any purchases you made, please email us at ART@1of135.com and/or call us at +972-3-6090802. The management of the Website will do its best to assist you.
· You may withdraw your consent at any time by notifying the Website management of your refusal to receive all or some promotional materials. The steps of sending the refusal notice will be detailed at the bottom of all promotional materials sent to you.
Services offered on the Website
· www.1of135.com offers a variety of content and/or services and/or activities, including the following:
· Limited edition artworks, prints and wall galleries, including frames (on demand) and shipping.
· It is hereby clarified that the Company does not guarantee that all the content and/or services will be provided and/or will remain available continuously on the website, and the Company reserves the right to change (including to expand or reduce) the list of content and/or services provided on the Website at its sole discretion and without prior notice.
· Inter alia, the Website allows users to easily, quickly and conveniently select and purchase items from among those listed on the Website.
· To make a purchase, first select the desired item, color and dimensions.
· Each item or service offered on the Website has its own “item page”, wherein the user can view the details of the item or service offered, and its sale price (hereinafter: the “Item Page”).
· Note that the Company reserves the right to update the Item Pages from time to time, to add or remove details, to remove out-of-stock products, to add colors and/or sizes and to update and/or change item prices, from time to time.
· The prices listed on the Website include VAT as required by law, unless otherwise stated.
· To make a purchase, the Buyer will be asked to provide the Website with personal information, including his name, address, email address, telephone number, credit card number and shipping address.
· In order for the purchase to proceed quickly and without hitches, make sure to enter the correct details. The Company cannot guarantee the delivery of your order if incorrect information is provided.
· In addition, the information provided by the user will be used for sending email updates on special sales or new content on the Website. This, only after the user gives his consent to receiving such promotional emails.
· Once the user enters the required details and confirms the order, the Company will check the credit card information provided, and upon receiving confirmation from the credit card company, the Buyer will receive a message stating that the order has been confirmed.
· It is hereby clarified that payment for the purchase of the Product or service will be charged to the credit card provided by the Buyer, immediately after the order is placed. The Product/s and/or service/s purchased through the Website (by means of placing an order and receiving confirmation) by the Buyer will hereinafter be referred to as: “the Items”.
Conditions for concluding the purchase transaction:
· The purchase transaction is concluded only after the order process is finished and the Company has received payment confirmation from the credit card company and/or PayPal, in accordance with the working procedures between the Company and said entities.
· In the event that the transaction is not confirmed by the credit card company and/or PayPal, the Buyer will be notified accordingly and required to provide an alternative means of payment.
· Conclusion of a purchase transaction is also conditioned by the availability of the desired items in stock, at the time the order is placed.
· If an item is not held in stock and/or a problem occurs with its supply for any reason, the Company may inform the Buyer of the cancellation of the order or offer a different product of a similar nature, for a similar price. Said notice will be given via email or telephone, at the Company’s discretion.
· If you elect to accept our offer, your order will be updated. If you refuse to receive an alternate product, the Website management will cancel your order and refund your purchase price through your credit card and/or PayPal account.
· In such cases, the Buyer will have no claims against the Company, and by placing the order, the Buyer waivers any such claims. The Company reserves the right to limit the number of items in each order.
· The order will be recorded by the Company’s computers and the Buyer will be able to see it and track its status through the Website.
· Additionally, an email confirming the order will be sent within 48 hours of the conclusion of the sale process.
· To clarify, note that the sending of the email concerning the placement of the order in the Company’s system does not constitute evidence of any action taken and does not bind the company in any way.
· It is hereby clarified that the Company’s computerized records include an automated recording system listing all the actions taken through the Website, and said records
constitute conclusive evidence of the accuracy of the actions.
· Delivery times and Shipping - up to 14 business days. Free shipping throughout the country for unframed works and for framed works that do not exceed 50x70 cm in size. See "Site Terms" for details.
· The Buyer may choose to have the items he ordered delivered directly to his house and/or another address of his choice, as long as the destination is within the Company’s shipping range.
· The Company will deliver the items to the Buyer through an independent freight company (hereinafter: “the Freight Company”). The items will be delivered to their destination by the Freight Company within a certain period from the conclusion of the sale process (21 business days).
· Deliveries made through the Freight Company will be coordinated in advance, before the product is delivered. Orders will be sent through a courier service that offers shipping services.
· The Company will not be held liable for any action and/or inaction of the Freight Company, including delays in the shipping of the products. Items cannot be delivered on Fridays/Saturdays/Eve of Jewish holidays.
· The Company does not guarantee delivery of items to areas with limited access for security reasons or other reasons, or to countries outside the shipping range.
· Delivery of items to the Buyer’s house or any other destination provided by the Buyer will require a shipping fee, as defined below (hereinafter: “the Shipping Fee”). The Shipping Fee will be added to the price of the items listed on the Website, unless the customer is entitled to free shipping.
· The Shipping Fee will be paid by the customer along with the payment for the Product(s) purchased
· Free shipping applys to unframed prints only!
Purchase Transactions Canceled by The Buyer
· If you are not satisfied with your Product, you may return it and get your money back. Your money will be returned in full within 14 days of returning the Product. You will be reimbursed by your credit card company.
· You must notify us of your wish to return the Product within 14 days of receiving it.
· Returns/replacements of Products that have been used or damaged in any way (including damage sustained during shipping) will not be possible and will not entitle the Buyer to a refund. Refunds will be given only if the Product is returned unused, undamaged and intact – as it was received. It is hereby clarified that the Company shall judge the condition of the returned Product at its own discretion.
· The Buyer may cancel the transaction in accordance with the provisions of the Consumer Protection Law, 5741-1981, (hereinafter: “Consumer Protection Law”) or replace the Product for any equivalent Product or a refund, all as detailed below:
· It is hereby clarified that no refunds will be given for Products that have not been paid for, such as Products obtained through sales or gifts.
· In the case of a defective Product, failure to notify the Website management of the defect within 24 hours of receiving the Product will constitute confirmation that the Product was received in perfect condition, and the Buyer shall have no claims against the Company concerning any defects in the Product.
· Refunds will be transferred to the credit card and/or PayPal account provided by the Buyer when placing the order, with deduction of a cancellation fee of 5% of the transaction value or 100 NIS, whichever is lower, as the law dictates. The refund will be transferred to the Buyer’s credit card and/or PayPal account, in accordance with the policies of the credit card company and PayPal.
· If you have questions regarding replacements, returns etc., please direct them to the Company’s customer service department at ART@1of135.com or call +972-3-6090802.
Purchase Transactions Canceled by the Company
· The Company reserves the right to discontinue the Website’s operations at any time, at its sole discretion and/or to cancel a Buyer’s purchase transaction, inter alia, in the following cases:
· If, after the purchase transaction is concluded, it is discovered that the item is out of stock;
· If a mistake is discovered in the Product’s price or description on the Website;
· If the Buyer’s full information and credit card details are not recorded in the system;
· If these terms of service have been violated in any way, or if the Buyer has performed an illegal action and/or acted against the law;
· If the Buyer provided incorrect details, either during or after the sale transaction process;
· If the Buyer has, by his actions or inactions, caused damage to the Company and/or its representatives and/or the Website’s operations and/or a third party;
· If the Company is of the opinion that the Buyer intends to sell the items he has purchased through the Website to a third party;
· In this context, the Buyer undertakes not to sell any items purchased by him through the Website to any third party;
· If an act of war, force majeure, a terrorist act, an emergency state and/or other power prevents the purchase from being conducted properly;
· In the context of this section, “force majeure” includes malfunctions in the computer or telecommunications or other systems, sabotage and security incidents.
· In the aforesaid circumstances, the Company may cancel the transaction or offer the Buyer an alternative, equivalent item at its sole discretion and in accordance with the circumstances of the cancellation.
· If a sale has been canceled as aforesaid, the Company shall not be held liable for and shall not bear the cost of any direct, indirect, consequential or special damage suffered by the Buyer or any third party, including but not limited to damage caused by purchasing the Product and/or service from a third party for a higher price.
· The Buyer acknowledges that although some of the items offered for sale on the Website are ‘one-of-a-kind’ items, meaning that two copies of the same item cannot be sold, it is possible for an item listed on the Website to have been purchased and/or ordered by another buyer before the Website has had time to update and display it as sold. The Buyer acknowledges that under these circumstances, the Company will not supply the item to the second Buyer in time, and the Buyer shall have no claims and/or demands towards the Company in this regard
· The Buyer will be notified of the cancellation of his order via telephone and/or email (emails will be sent to the email address provided by the Buyer through the Website).
· The results of the cancelation do not derogate from the Company’s and/or the Website’s right to claim their damages for the decrease in the Product’s value as a results of its condition upon return.
Sales and Discounts
· The management of the Website may hold sales and offer benefits and discounts.
· The management of the Website may, at any time, cancel or change said sales, benefits or discounts without notice.
· Note that you do not have a vested right to enjoy the benefits of the sales, discounts and benefits offered on the Website.
· Any changes in the details of your order or its price, for any reason, will incur a reconsideration of your entitlement to the benefits of the sale and/or discount.
· The management of the Website will do its best to notify you by telephone if your entitlement to a discount and/or benefit is revoked or about to be revoked due to a change in the details of your order.
The Company’s and/or the Website’s Liability
· The Company and/or the management of the Website and/or the Website and or their representatives will not be held liable, directly, indirectly, consequentially or specially for any damage suffered by the user and/or the Buyer and/or the internet user and/or a third party as a result of using the Website or purchasing through the Website in violation of these Terms of Service, whatever the cause of the claim, including loss of income and/or prevention of profit for any reason, and the Company/the Website reserves the right to cancel any specific orders placed under said conditions.
· The management of the Website will not be held liable for any messages received or sent through the Website (including messages sent to customers by other users through the Website’s services), the contents of these messages or any computer files attached thereto, any actions performed by said computer files, their effect on the user’s computer and any damage, loss, discomfort, distress etc., or any other consequences suffered by the user or any third party as a result of messages received or sent using the Website’s services.
· Typos in product descriptions will not bind the Website, its management or its representatives.
· The images on the Website are for illustrative purposes only. There may be differences in appearance, hue, size etc. between the product’s image on the Website and the actual product. The management of the Website or its representatives will not be held liable for any such differences.
· The management of the Website is doing its best to provide its customers with excellent, high quality service. However, the management of the Website cannot guarantee service that is free of disruptions and errors and immune to unauthorized access, damage, malfunctions or failures, including hardware, software or telecommunication line malfunctions, whether on the side of the Website’s management or one of its suppliers. In any such case, the Company will not be held liable.
· In any event, the Company’s liability will not exceed the value of the product purchased, and any other damage incurred.
· The Company will not be held liable for the Buyer’s and/or recipient’s use of the product, including but not limited to cleaning the product in a way that does not comply with the instructions.
· The management of the Website will have fulfilled its obligation towards the Buyer upon delivery of the products to the address provided.
· If you purchased a defective product, your sole right is to have it replaced or receive its value in accordance with the terms detailed herein and as stipulated by law.
· The management of the Website will not be held liable for any damage caused by delays in shipping or by the products shipped being defective.
· The display of the suppliers, products and/or services on this Website does not constitute any opinion of them, their nature or quality held by the Website.
· The Company is the sole owner of all rights, including copyrights, to the images offered for sale on the Website and/or to all content, logos and designs presented on the Website. It is hereby explicitly clarified that the images displayed on the Website may not be copied (including digitally), distributed or sold.
· Any intellectual property rights to the content of the Company’s Website, including trademarks, patents, copyrights, designs, methods and trade secrets belong solely to the Company.
· No commercial use may be made of information appearing on the Company’s Website, in its databases, in the list of products and images appearing in it or other details advertised by and/or on behalf of the Company without the prior written consent of the Company.
· Information on the Website may not be duplicated, copied, distributed, marketed or otherwise used unless prior express written permission to do so is obtained from the Company. As part of this provision, data may not be collected from the Website using computer programs and/or distributed commercially or in commercial frameworks.
· All textual content, icons, any information and/or exhibits appearing on the Website, including graphics, textual displays, trademarks, logos and their drafts and presentation are owned solely by the Company and/or its representatives.
· Do not copy, use or allow others to copy or use the content displayed on the Website in any way, including by displaying it on other Websites or in electronic publications, printed publications etc., or for any other purpose, by yourself or by a third party or in collaboration with a third party by any means, electronic, mechanical or optical, including any image capturing or recording devices, without the Company’s express permission to do so.
· The Website’s services may be used for legal purposes only.
Changes in the Terms of Service
· The management of the Website reserves the right to change these Terms of Service from time to time, by posting an updated version on the Website. The updated version will apply immediately, once posted.
· The laws that govern these Terms of Service and/or any other action and/or dispute derived herefrom are the laws of Israel, exclusively. Disputes relating, directly or indirectly, to these Terms of Service and/or to the purchase of a Product and/or service on the Website will be adjudicated under the exclusive jurisdiction of the courts of Tel Aviv Yaffo.
The staff of www.1of135.com will be happy to help, listen and advise you!
We hope to see you among our customers!
If you have any questions, please don’t hesitate to direct them to the Company’s customer service department by emailing to ART@1of135.com or calling +972-3-6090802.