Regulations and Terms of Use

1. General

1.1  The My Cup of T website (hereinafter: “the Website”) is operated by the  business – “Noa Rachel Sasson Licensed Dealer 034790238”) (hereinafter: “the  Company”) and is under the ownership thereof.

1.2  The Website serves as an online store for the purchase of a variety of products by Internet users in Israel and abroad, by way of online transactions on the Internet.

1.3  Any use of the Website, including visiting the Website and/or purchasing a product offered for purchase on the Website and/or opening an account constitute the agreement of the users (hereinafter: “the End User” or “the Customer”) to accept and act in accordance with the Terms of Use specified in the Regulations following herein below (hereinafter: “the Terms of Use”). In the event that you do not agree to the Terms of Use following herein below, you are requested to refrain from any use of the Website. Accordingly, anyone who makes use of the Website declares that she is aware of the Terms of Use, has read them and accepts them, and she and/or anyone on her behalf will have no contention and/or claim against the Company and/or the Website and/or anyone on behalf thereof, apart from contentions related to the violation of the Company’s undertakings in accordance with the Terms of Use.

1.4  The Customer is solely liable for any action that is performed by way of her account on the Website and/or for anything that is related thereto. The Company will not be liable for any damage that will be caused due to unlawful use of the User’s account, which ensued as the result of the User’s negligence in securing the details of her account.

1.5  It is hereby clarified that it is possible that a difference in use of the Website may occur when used by way of mobile telephones and/or tablet devices or when used by laptop and/or desktop computers.

1.6  Anywhere herein in these Regulations where the feminine gender is used, the intent to include the masculine is implied, as well, and vice versa; and anywhere herein where the singular is used, the intent to include the plural is implied, as well, and vice versa.

2 . Changes in the Terms of Use and the Privacy Policy

2.1   The Company reserves the right to amend, and included herein to halt, suspend and/or cancel the Terms of Use and/or the Privacy Policy at any time in accordance with its sole discretion, and even without any reason and, in addition, without the obligation to provide grounds for this and without the obligation to deliver notice thereof.

2.2   It is the Customer’s exclusive responsibility to become updated from time to time with regard to the Terms of Use and the Privacy Policy of the Website.

3 . Use of the Website

3.1   The right of use of the Website is personal to the Customer and is not transferable to any third party, whether for consideration or without consideration.

3.2  Anyone who makes use of the Website hereby declares that she has the legal capacity in accordance with law to enter into an agreement and make use of this Website, in accordance with the provisions thereof and subject to law. A Customer who is under the age of 18 (hereinafter: “a Minor”) is required to provide authorization of her parents or legal guardian for use of the Website. A Minor’s use of the Website constitutes a declaration and proof positive of the fact that the Minor requested the agreement of her parents or legal guardian and they authorized this as required by law and the provisions of these Regulations.

3.3   The Customer must have an email address on the Internet, an address in Israel (or abroad) for mail delivery and a valid I.D. card or foreign passport, and in the case of a corporation – a duly made valid certificate of incorporation.

3.4   In the event that the Website is used in the name of a corporation, the corporation is exclusively liable to make certain that the person acting in its name is authorized to do so by law. The Company is not liable and will not be liable for any claim and/or demand and/or contention of any third party vis-à-vis the corporation or for any damage contended by the corporation in this context.

3.5  Full and exclusive liability is imposed on the Customer for the accuracy and full updating of her account information on the Website, including details of means of payment and the validity thereof, email addresses, address for mail delivery, etc.

3.6   The Company may preclude the Customer from use of the Website temporarily or permanently, and this, in accordance with its sole discretion, even without any reason, and without delivery of notice thereof or providing any explanation for this.

3.7  Without derogating from the aforesaid, the Company may preclude the Customer from making use of the Website, inter alia, in each of the following

3.8   Every End User of the Website authorizes that she is aware that notwithstanding the fact that the Company makes every effort to prevent inaccuracies in the information being published on the Website and/or errors and/or defects in the manner of its transmission to the End User, it is possible that for one reason or another the aforesaid will not be performed in accordance with that which has been stated above.

4.  Purchases on the Website

4.1  The right of use of the Website was intended solely for private and personal objectives and is not intended for resale (purchase of a quantity for the purpose of its sale to a third party), and the Company reserves the right to cancel and/or not allow sales that appear to be such that are not intended solely for private and personal objectives.

4.2  The prices presented on the Website include statutory VAT, except if explicitly stated otherwise.

4.3   The Company reserves the right to limit the quantity of product units, which each Customer will be permitted to purchase from a variety of products.

4.4  In order to make a purchase on the Website, each Customer will be required to register on the Website and to provide information and details with regard to making purchases effectively and successfully on the Website. It is hereby clarified that the Customer is not obligated to register on the Website; however, without providing the requisite information required for registration, no online purchase on the Website will be possible.

4.5   Every item on the Website will have a sale page on which the product specifications, the price and additional requisite details for the performance and completion of a purchase will appear.

4.6  As a rule, the Company makes every effort so that all products presented for sale on the Website will be held at the same time in the Company’s inventory. Insofar as it will be found, subsequent to an order being made, that the product has sold out of stock and/or the Company is unable to provide it, suitable notice will be sent to the Customer in an email or a telephone call, and the Company may instruct that the purchase order be canceled with no charge or, in the event that the Customer was charged, that a monetary refund be provided to the Customer. Alternatively, the Company may suggest that the Customer select an alternate product of equal value in place of canceling the order and/or refunding the Customer’s money, as aforesaid. It is hereby agreed that the Customer will have no contention and/or demand and/or claim vis-à-vis the Company and/or anyone on behalf thereof in the aforesaid instance.

4.7  Online purchases will be possible solely by the use of credit cards. Insofar as additional methods of payment will be possible, the Website will be updated accordingly. Credit cards honored on the Website are: Isracard, Master Card, and Visa and Diners Club cards. It is hereby clarified and agreed that the use (of the various kinds) of the aforementioned credit cards is subject to the policy of the credit company with regard to the card’s use, in general, and purchases on Internet websites, in particular.

4.8  On making an order on the Website, the Company will examine the credit details with the credit card company to obtain authorization or rejection of payment. Insofar as payment will be approved, the customer will be sent a suitable email message together with an invoice / receipt with regard to payment being made. Solely such notice, as aforesaid, which the Customer will receive, will constitute authorization that the order is being processed in the Company’s computers and respectively – the date of the notice with regard to the approval of payment (together with the delivery invoice / receipt) will be deemed as the date the order was entered in the Company’s computers. It is hereby clarified that a Customer’s order, without a credit card company’s authorization of approval of payment and the sending of an email, as aforesaid, will have no effect.

4.9  Insofar as a transaction will not be approved by a credit card company, suitable notice will be sent to the Customer and the order will be considered as void, and this, without the Customer having any contention and/or claim vis-à-vis the Company and/or anyone on behalf thereof on this matter.

5.  Supplying Products 

5.1  Products will be supplied to the Customer at the address, which the Customer will provide when processing the order, and following and subject to making payment with respect to the order, as aforesaid in section 4. As stated above, it is the Customer’s responsibility to provide the Company with a correct address that is accurate and up-to-date for shipping purposes.

5.2  Products will be supplied by the Company by means of shipping by registered mail (or international, respectively) by the Israel Postal Service, and subject to the provisions of the Articles of Association of the Israel Postal Company in connection with this service and in general. Insofar as products can be supplied otherwise, the Website will provide an update accordingly.

5.3  The date of the product’s supply to the Customer and the shipping fees (insofar as additional payment will be required with respect thereto) will be specified on the sale page of each and every product. It is hereby clarified that the number of days for shipping products that appears on the sale page of each product counts only business days (Sundays to Thursdays, insofar as these are not holidays and/or eves of holidays, and does not include Fridays and Saturdays) and these will be counted accordingly from the date the order is registered in the Company’s computers (as stated in sub-section 4.8 above).

5.4  The Company will not be liable for any delay and/or tardiness in supply that is not under its control and/or that was caused as the result of force majeure, including strikes and/or errors in shipping address details that were provided by the Customer. In any event, the liability of the Company and/or anyone on behalf thereof will be limited with regard to delays and /or failures in supply of products solely to direct damages that are caused as the result of an act and/or omission of the Company and to an extent that will not exceed the amount of the actual payment made and received by the Company with respect to the said order.

 

6.  Canceling an Order 

6.1  The cancelation policy regarding orders will be subject to  the provisions of the  Consumer Protection Law, 5741-1981 (hereinafter: “the Consumer Protection Law”) and nothing stated in the contents following herein below may derogate from the provisions of this law.

6.2  An order must be canceled within 14 days of the date of the Customer’s receiving the order or of the date of the Customer’s receipt of authorization of the order, as aforesaid in section 4, whichever is the later date of the two.

6.3  Cancelation of an order by a Customer must be made within the aforesaid period of time by giving notice together with the Customer’s personal information – full name, I.D. no. and order no. in one of the following ways:

     6.3.1 By way of registered mail to the Website’s address as it appears herein in these Regulations

     6.3.2 By way of a direct telephone call to the Website’s Customer Service at Tel. No. +972-50-9770600 on Sundays to Thursdays
between the hours
 of  9 a.m. and 5 p.m.

     6.3.3 By sending an email to the address sales@mycupoft.co.il

     6.3.4 By way of the designated link that appears on the Website for this purpose.

6.4  Refund to a Customer will be made by crediting the means of payment (or cancelation of the charge, insofar as it has not yet been made) by which the order was paid and subject to the return of the product to the Company by registered mail to the Website’s address – “Noa Rachel Sasson – My Cup of T, 155 Kibbutz Galuyot St., Herzliya, Israel 4624555” undamaged and without having been used, and with the product’s price tags attached intact, insofar as there are any, and in the following manner:

      6.4.1 In the event that the cancelation is due to a flaw or disparity between the product and the details provided to the Customer at the time of the order, the Customer will be credited as aforesaid within 14 days of the date of receiving notice of cancelation and subject to the return of the product to the Company. Notice will be sent to the Customer of the credit being made or the cancelation of the charge, as aforesaid.  

      6.4.2 In the event that cancelation was made for reasons other than those stated above, the Customer will be credited as aforesaid within 14 days of the date of receipt of notice of cancelation and subject to the product’s return to the Company. It is hereby clarified that the Company will be permitted to collect cancelation fees at a rate that will not exceed 5% of the product’s price or 100 New Israeli shekels, whichever of the two is less. Notice will be sent to the Customer of the credit or cancelation of the charge being made, as aforesaid.

7.  Liability

7.1  The liability of the Company and/or anyone on behalf thereof vis-à-vis its Customers in connection with the quality of the products is limited to the amount of the cost of the product and subject to the provisions of the Consumer Protection Law and any law.

7.2  The Company will not bear liability for the quality of the product in the event that the product was mishandled and/or was laundered not in accordance with the instructions for use and/or was damaged by an act and/or omission not under the Company’s control.

7.3  It is hereby clarified that the photos displayed on the Website are solely for illustrative purposes and it is possible that differences will occur in the shades of the product displayed on the Website and the actual product received and this, inter alia, as the result of the electronic and/or software means by which access to and use of the Website is enabled.

7.4  The Customer acknowledges that use of the Internet at times involves disturbances that are not under the Company’s control and, accordingly, the Company will not be liable for any disruption and loss of information while transfering information on the Internet. The Website is liable to be inaccessible from time to time for any reason whatsoever including ongoing maintenance. It is possible that access to the Website will be disrupted and/or halted temporarily and/or permanently for any reason whatsoever. The Customer hereby exempts the Company and/or anyone on behalf thereof with respect to any damage and/or payment and/or loss that she incurs as the result of the aforesaid.

7.5  The Company will not bear any liability whatsoever, whether directly or indirectly, for any instance in which a request to purchase was not received (for any reason whatsoever) and/or for any technical problem that prevents the Customer from making a purchase or from being updated and/or for any damage, whether direct or indirect, to equipment and/or software and/or the Customer’s information as the result of the use of the Website, and the Customer hereby declares that she is solely responsible for any use she makes of the Website.

7.6  The Company will not bear any liability for unlawful activity on the Website and including by End Users or any other entity that is not under its full control, including any external website that is linked to the Website by way of a link, insofar as it will be so linked.

8.  Privacy Policy 

8.1  The Customer agrees and declares that she has freely and willingly provided her personal information as part of the purchase process on the Website. The Customer is aware that according to law she is not obligated to provide such information; however, without its provision it is possible that purchases on the Website will not be enabled.

8.2  The Customer’s data, as well as features about her navigating practices on the Website and her purchase habits, will be saved in the Company’s Customer database (except for credit card details that will be delivered to the credit card companies for payment to complete the purchase process) and are likely to serve the Company for statistical analyses as well as to customize content for each Customer.

8.3  The Company will not transmit the personal details of its Customers to any third parties that are not companies and/or businesses acting on behalf of the Company, except subject to law and/or judicial order and/or in the event of a violation of the Terms of Use by the End User and in accordance with the Privacy Policy.

8.4  The Company takes the customary precautions to ensure confidentiality of the personal information provided thereto by the End Users, including the transfer of credit card details to the credit card companies for authorization of payment and completion of an order. However it is hereby clarified that the Company will not be liable for any damage, whether direct or indirect, which a Customer will incur as the result of the loss of such information in cases that are not under the Company’s control and/or that ensue from force majeure.

8.5  When making a purchase on the Website and/or at another time, an offer may be presented to the End User to join the distribution list for emails and/or SMS text messages with respect to sales and discounts on the Website. Acceptance of this offer, as aforesaid, will constitute agreement to receive marketing material on behalf of the Company in connection with its activity on the Website.

8.6  The entire text of the Privacy Policy that obligates the Company with regard to the use of the Website and ordering from it is attached to this Website under the link “Privacy Policy.”

9.  Intellectual Property and Copyrights

9.1  The Website and its products, including the trademarks therein and all intellectual property rights, belong exclusively to the Company. Any copying, distribution, transmission, publication, creation of a link (except for general search engines that present links to the Website) or any change in any other manner of the Website and the products thereof, without prior explicit agreement in writing from the Company is absolutely prohibited. Any violation of the aforesaid herein in this section is liable to result in the infringement of copyrights, trademark rights or other intellectual property rights in a manner that is liable to impose penalties and/or fines on the offender and to constitute a civil wrong and/or offense in accordance with the law.

9.2  The Website contains material protected by the laws of copyrights, trademarks, and other proprietary contents and information, including texts, products, software, photographs, videos, graphics, music and sounds. The End User is forbidden to amend, publicize, transmit and/or participate in a transfer and/or sale, to create derived works or to utilize the Website content in any other manner, in whole or in part. Unless it has been explicitly determined otherwise by law, any copying, distribution, transmission, publication or commercial use of material from the Website, without explicit authorization of the Company or a rights holder therein, is prohibited.

10.  Miscellaneous  ​

10.1 The section titles are intended solely for the sake of convenience and not for purposes of interpretation.

10.2 Nothing in the Company’s rights pursuant to these Regulations and the contents thereof may derogate from any right and/or relief to which the Company is entitled by law.

10.3 The Company’s refraining from the use of a right granted thereto by law and/or in accordance with these Regulations will not constitute and will not be construed as a waiver by the Company of the same right and will not constitute a precedent for any other instance and will not preclude the Company from the exercise of any of the rights thereof at any time.

10.4 These Regulations do not constitute an agreement in favor of any third party and do not grant any right, as aforesaid.

10.5 The laws of the State of Israel will apply to these Regulations and the exclusive jurisdiction with regard to any dispute ensuing from and/or related to these Regulations and the Terms of Use brought therein will be given solely to the competent courts in the Tel Aviv-Jaffa district, while negating the authority of any other court.

10.6 The computer records of the Website with respect to the actions that are performed on the Website will constitute prima facie evidence of the accuracy of the actions.

10.7 If it will be determined that the Terms of Use or any provision herein in these Regulations are unlawful or unenforceable, such decision will not affect the validity of the remaining conditions or the possibility of enforcing them; subject to any law, a condition, as aforesaid, will be replaced by a valid condition that will be as close as possible to the original.

10.8 Any notice that will be sent to the Company by email will be deemed as having been received following 2 business days of the date on which it was sent, and this, subject to receipt of notice by the sender with respect to the notice having been sent successfully by the email system.

10.9 With regard to any question in connection with the products displayed on the Website and the purchasing process, please contact the Website’s Customer Service at Tel: +972-50-9770600 and/or by email at: sales@mycupoft.co.il.

Customer representatives of the Website will be pleased to assist you with any questions you may have.

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