Terms of service
Terms Of Service:
- This Website is the property of EDA Jewelry Manufacturing Ltd., C.N. 511579195 (hereinafter: “EDA” or the “Company”). The Company’s store and office are located at David HaMelech 19, Jerusalem Israel. Mailing address P.O.Box 7084, Jerusalem 9107002, Israel. Telephone +972-26242190. The store operates under the brand name “Danny Eliav” or “Danny Eliav Jewelry”.
- EDA designs, manufactures and sells jewelry of its own design as well as jewelry and watches manufactured by third parties.
- The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are legally qualified. Use of this Website is offered subject to your acceptance of the terms, conditions and notices included herein, to the letter. Your use of this Website shall be deemed as consent to all terms, conditions and notices included herein, and these Terms of Service as specified herein shall constitute a valid contract while you are using this Website. All use of this Website is conditional upon and subject to your acceptance of the terms, conditions and notices included herein with the intent to treat them as binding for all intents and purposes. EDA reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.
- It is clarified that the Company reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Company in such case.
- The Company may be contacted by phone +972-2-624-2190, or by email: info@dannyeliav.com, or via the contact form on the Website.
Privacy Policy:
- EDA is making every effort to protect the integrity of personal information received in this Website and to safeguard the confidentiality thereof. Some of the services offered by this Website require registration, which would require you to provide personal information such as your name, address, phone number and email address. Such details are restored in EDA’s customer database for internal use and communication with customers. Additional details such as credit card details are required for billing purposes only and are not restored by the Company.
- Upon providing such information, you are doing so freely and willingly. The Company shall not disclose your information to any third party unless under the following circumstances:
- To facilitate the compilation of Your order and its delivery.
- To establish or exercise EDA’s legal rights, and to defend against legal claims; or as otherwise required by law. In such cases, the Company may raise or waive any legal objection or right available to the Company, in the Company's sole discretion.
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency.
- With accordance to Your consent, EDA may address You from time to time with mailings offering You different benefits during Your use of the Website via email, SMS, social media and/or phone, unless otherwise requested from You.
Purchasing Products Through the Website:
- The Website offers a variety of products as detailed in the Website (the “Products”). However, EDA may at any time remove some of the Products and add new products and/or change the variety of the products at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
- The price of each Product appears near the Product and is VAT inclusive if applicable and/or unless stated otherwise. However, the price of each Product may be changed by EDA at any time, at its sole discretion and You will not have any claims against the Company in such case. It is clarified that the final price of each Product is determined according to the time of the purchase and not the time of adding a Product to Your basket.
- The Company is making all efforts to accurately display the Products including, but not only, the description and the images of the Products. However, there may be some accidental mistakes regarding the description and the images of the Products and the appearance of the Products displayed on your device may be different from their actual appearance since the display depends on many factors including, but not only, Your device’s screen quality and display settings. Therefore, it is clarified that all images shown in the Website are for illustration purposes only unless stated otherwise in the Website and such image will not bind the Company by any means. Users are invited to observe and appreciate the actual products at the Company store, on 19 King David St. Jerusalem Israel.
- The details and information appearing on the Products and in the Website are sometimes provided by third parties including, but not only, manufacturers, suppliers and/or importers, and EDA shall bear no liability for such details and information.
- Due to the fact that the stock of such Products changes from time to time, a product ordered by You may be unavailable at the Company’s stock at the time of your order. Therefore, the Company reserves its rights to not provide such products to You. In case a product is out of stock, the Company will contact You within a reasonable time and inform you that a product is out of stock and you will not have any claims against the Company in such case, and the Company may offer You an alternative product which is in stock. In case You were already charged for purchasing a product which is out of stock, the Company will contact You and refund Your account for such order.
- Without derogating from the Terms and according to any applicable law, the Company reserves its rights in some cases to cancel a confirmed order including, but not only, in case of a mistake in the description of a Products regarding its specifications and price and in case the Product was ordered in a violation of the Terms and third party rights. In such a case the Company reserves its rights not to supply You the Product, after contacting You and notifying You of such within a reasonable time. You may have no claims against the Company in such case. In case You were already charged, the Company will refund Your account for such order.
- Wholesale purchase of Products through the Website is forbidden, and the Company reserves its rights to determine, at its sole discretion, whether an order is considered wholesaling or not, and in such case, may refuse to deliver and/or confirm such order and You will not have any claims against the Company in such case. In such case the Company will contact You and inform You of such refusal.
- The prices of the Products in the Website do not necessarily match the prices of the Products available at other locations including, but not only, at the EDA’s Instagram and/or Facebook and/or at the Company’s store. At all times the prices appearing in the Website are the binding prices for the purpose of purchasing the Products through the Website.
- You may pay via credit card subject to confirmation of payment by the credit card issuer, via PayPlus. Importantly, Your credit card details are not stored by EDA at any time, and are processed solely via PayPlus. It is clarified that the Company may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Company in such case.
- It is clarified that should You pay via PayPlus, such services are provided by third parties which are not controlled by the Company. Therefore, the Company shall not be liable for any faults and/or errors including any security issues resulting from such payment methods as set forth above.
Changing and Cancelling Orders, Shipments and Returning of Products:
- EDA’s policy regarding order cancellation and returning of products is with accordance to the Israeli Consumer Protection Law-1981, and You may cancel Your order with accordance to the following terms as set forth below.
- It is clarified that it is not possible to return a product which was already used and/or a customized product unless You received a defective product with accordance to the Israeli Defective Products Liability Law-1980.
- Changing or cancelling an order, after it had been approved, is not possible via the Website. Should You want to cancel or change Your order, You should contact and notify EDA of such request via phone +972-2-624-2190 or via email info@dannyeliav.com. Upon receiving such notice, EDA will issue You a refund and may, at its sole discretion and with accordance to any applicable law, charge a cancellation fee of 5% of the order cost (including shipping costs) or 100 NIS, the lower between them. The Company may also charge You the cost of the credit card transaction fee, If one was charged by the credit card company. It is clarified that it is not possible to cancel or change an order If the Company has already made bespoke modifications to the Products, at the User’s request, or if the Order has already been shipped.
- Following full payment for Your order, the ordered products will be delivered to the address You inserted upon placing Your order via the shipping method you selected; or by collecting Your order at the Company’s store on 19 King David St, Jerusalem Israel. EDA reserves its rights to change the shipping methods and/or shipping areas from time to time at its sole discretion and without any prior notice or consent and You will not have any claims against the Company in such case.
- Upon completing Your order, shipping costs will apply in the rates as displayed in the Website which will be added to the total cost of Your order. The Company reserves its rights to update the shipping rates from time to time at its sole discretion and without any prior notice or consent and You will not have any claims against the Company in such case.
- If applicable, in case of any taxes added to the cost of Your delivery including, but not only, import taxes, such taxes will be paid by You and You will not have any claims against the Company in such case.
- Without derogating from the above, it is clarified that all shipping services are provided by third parties which are not controlled by the Company, and therefore the Company shall not be liable for any damages caused by such third party including any damage resulting from negligence.
- Since shipping services are provided by entities not controlled by the Company, shipping times may be delayed due to reasons and causes that are not controlled by the Company including, but not only, force majeure, sensitive national security situation at the shipping address, extreme weather conditions, nature disasters (e.g. earthquakes, floods, etc.), and other causes (e.g. roadblocks, fire, etc.) and delays caused by strikes and national and bank holidays and any mistyping of the shipping address and Your contact details, and You will not have any claims against the Company in case of such delay resulting from the above. It is clarified that such delay will not derogate from Your obligation to pay for Your order.
- You may decide to cancel and return Your order within 14 days from the day of receiving Your order provided that any applicable law does not forbid such return and/or cancellation and/or if the Company has not made bespoke modifications to the Products, at the Your request. You are required to send a notice regarding a cancellation of Your order to EDA, and upon receiving such notice the Company will arrange with You the return of such products. It is clarified that it is your responsibility to arrange the returning of Your ordered products and returning products shall be made at Your own expense.
- Upon receiving returned products and subject to the Company’s inspection and review of such returned products, the Company will issue You a refund and may, at its sole discretion and according to any applicable law, to charge a cancellation fee of 5% of the order cost (including shipping costs) or 100 NIS, the lower between them. The Company may also charge You the cost of the credit card transaction fee, If one was charged by the credit card company.
Service, Warranty and Liability:
- EDA strictly ensures that the Products in the Website are of high quality. The Company provides a one-year warranty for all Products manufactured by EDA available in the Website, starting from the day of Your purchase. The Warranty does not cover cases of natural wear and tear, damages that result from misuse or faulty maintenance, damages caused by malicious mutilation or accidental harm including, but not only, in case of damaged and/or lost gemstones and diamonds and their settings. Additionally, any repairs and/or modifications done to the Products not by EDA would void the warranty.
- Regarding Products which are not manufactured by EDA, the sole liability for such products appearing in the Website and all information and representations of such products including names of manufacturers, quality of products, product specifications, photos and more shall be the liability of the manufacturers and/or importers and/or authorized retailers according to the Israeli Consumer Protection Law and its statutes and with accordance to the warranty card and service manuals attached to each of the Products, if attached.
- Service for Products under warranty would be given at the Company store on 19 King David St, Jerusalem Israel.
- Upon receiving Products for service under warranty, the Company will inspect and review the Products, and at its sole discretion, determine if service needed is covered by the warranty as described above (clauses 29-30). If the service or repair required is not covered by the warranty, but is possible, The Company will offer the Users a price estimate for the service, and proceed according to the Users wishes.
- In any case the Warranty will not cover loss or theft of the Products after delivery. EDA recommends that Users should Insure the Products with an all the risks insurance policy.
- EDA makes its best efforts to ensure that the information appearing on the Products match the information of each of the Products. However, there may be mistakes made in good faith regarding details and information of the Products as they appear in the Website. Therefore prior to using any of the Products, You are advised to read the supplement facts as they appear on the product. In case a product You received does not match the product You ordered, You may contact the Company which will issue You a refund according to the price of the said product and will arrange the return of the said product to the Company.
- The Company will not be liable for damage caused resulting from any purchase through the Website including, but not only, in case the payment was made without the consent of the ordering customer and without him knowing of such order and/or any mistyping of the shipping address and/or the credit card details and/or any communication faults caused by negligence or misconduct by the telecommunication service provider.
- The Company will not be liable for any damage caused to You and/or any third parties using products manufactured by the Company apart from products which were defective due to the Company’s negligence. In such case the aggregate liability of the Company should be limited and should not exceed the price of such defective product.
- In any case, EDA or any of its executives or shareholders shall not bear any responsibility or liability – of any sort or kind – relating, directly or indirectly, to the use of this Website or the information contained therein, including but not limited to, any special or constructive damage stemming from use of the Website, the inability to use the Website or the reliance on information appearing therein. Furthermore, the Company shall not be liable in any way with regard to the use of other websites whose links appear on this Website.
Intellectual Property:
- All copyrights and intellectual property relating to this Website, including its contents, name, design, trademarks (registered and unregistered) and service marks included therein, jewelry designs (including bespoke jewelry pieces created at special requests) and all copyrights, designs, patterns and patents appearing therein, are the exclusive property of EDA and are protected by law.
- Users of this Website are prohibited from making changes, copying, distributing, broadcasting, presenting, replicating, issuing license, creating derivative works or selling any or all of the information, software, items or links originating in this Website. The aforesaid intellectual property, or any part thereof, cannot be copied, distributed, modified, publicly presented or conveyed to any third party, without the advance and written consent of the Company. The trademarks contained in the Website are the exclusive property of the Company and may not be used without its advance and written consent.
- The ownership and the intellectual property rights of contents of third parties are owned by their proprietors and may be bound to any terms and third-party licenses which were granted to the Company (“Third-Party Agreements”). The Company does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third-Party Agreements regarding Your use of the Website, including any future changes to the Third-Party Agreements.
- The Company respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Company via email or phone as detailed in the Terms.
Jurisdiction:
- In the event the Company does not exercise one or more of its rights according to law and/or this contract, this shall not be deemed waiver or abandonment on behalf of the Company and shall not prevent it from exercising such rights in the future. In case a provision or term within these Terms of Service is rendered unenforceable or unlawful, for any reason, this shall not undermine the validity of all other terms and provisions.
- The law governing these Terms of Service and/or any dispute relating thereto and/or stemming therefrom shall be the law of the State of Israel. The competent courts in the District of Jerusalem shall be granted exclusive jurisdiction over any and all disputes relating to and/or stemming from, directly or indirectly, the provisions of these Terms of Service or the use of the Website.