Terms of Use
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Zhanna Website – Rules and Regulations
Terms of Use
1.1. The Zhanna Tevakol website is a sales and information site whose Internet address is
www.zhanna-y.com (hereinafter, “the Website”). The site was developed and is
operated by the Zhanna Tevakol Company (hereinafter, “the Company”), whose full
details are listed in Article 14 of these Rules and Regulations.
1.2 The site offers a wide range of products (hereinafter, “the Product(s)”) for sale.
1.3 The meaning of the word “transaction” in these Rules and Regulations is as follows:
purchase of items offered by the site and/or surfing the website for any purpose
whatsoever.
1.4 These Rules and Regulations refer to both sexes alike, and the female form is used for
convenience purposes only. Any instance within these Rules and Regulations where the
feminine form is used refers also in its meaning to men, and vice versa.
1.5 These Rules and Regulations and the Terms that are detailed in them apply and shall
apply to every person who performs a transaction on the site (hereinafter, “the
Transactor” or “the Surfer” or “the User”). Every transactor must read carefully and
peruse these Rules and Regulations in their entirety, and any transaction on the site
constitutes the transactors’ consent to accept these Rules and Regulations and to act
according to them. If the transactor does not accept any one of the terms of these Rules
and Regulations, the transactor is requested not to perform any transaction on the site.
These Rules and Regulations shall constitute the legal basis for any legal and/or non-legal
discussion that may take place between the transactor and the Company.
2. Website Contents and Protection of Rights
2.1. The website offers its surfers information in the field of naturopathy and food
supplements (hereinafter, “the Information”), which is owned in part by the Company
and in part by third parties who have authorized the Company to make use of it
(hereinafter, “Information Providers”).
2.2. The Company is entitled, at its sole and complete discretion, to stop the website’s
services and/or to make changes in them and/or to demand payment for them, to
remove different advertisements and/or contents from it, and to erase advertisements
and/or contents without keeping backups, all of these at its sole discretion and without
the need for prior notice or agreement by the user and/or the sender of the contents to
the Company.
2.3. The right to use the information is given only to the user, for purposes of his or her own,
personal and not commercial, use, and the user is not entitled to allow third parties to
make any use whatsoever of the information, whether it is for a consideration or not.
2.5. The user undertakes that the information will not be used for profit or for other
commercial purposes and that it will not be stored on other websites on the Internet.
2.6. The user undertakes to inform the Company immediately about any possibility of offense
against the users and/or third parties and/or existing or expected infringement of the
provisions of law, due to and/or as a result of the user’s actions.
2.7. The user hereby declares being aware that the Company is entitled to take all measures
legally available to it against a user who violates the provisions of these Rules and
Regulations.
2.8. The Company is entitled to immediately restrict or block the user’s access to the
information, on a temporary or permanent basis, in case the user made use of the
information in a manner contrary to the requirements of any law and/or against the
provisions of these Rules and Regulations, or due to any other reasonable grounds.
2.9. The Company is entitled, at its sole discretion, to erase and/or update the contents on
the website and this, among others, upon completion of a period and/or due to changes
in policy and/or due to discovery of a prohibition to publish the contents on a website
and/or due to any grounds whatsoever without the need for any reason whatsoever.
Without derogating from the generality of the above, the Company is entitled, at its sole
discretion, to refuse to publish and/or erase and/or make changes in a partial or
complete manner, in the contents to be transmitted to it for approval, whether they
have yet to be uploaded for publication or they were already published, without the
need for the user’s consent or to provide prior notice to the user.
2.10. By the mere sending of the contents to the Company for publication on the website, the
user grants the Company, irrevocably and for no consideration, a license to use his/her
contents. This license is not exclusive.
2.11. The Company is entitled, at its sole discretion, to integrate in the website commercial
and other ads that refer, directly and/or indirectly,
2.12. The Company and the information providers, including their representatives, employees,
managers, and those acting on their behalf, will not be liable for any direct or indirect
damage that will be caused to the user and/or to any third party due to the use of the
website, including the information and contents on it, and/or reliance on it and/or due to
the cancellation and/or cessation of any of the services offered in it including due to
disruptions and/or defects in the transmission of the information whether they were
caused intentionally by any third party or were due to a malfunction whatsoever.
2.13. The information published on the website as well as the ads presented on it make it
possible to turn to other websites on the Internet. The Company, including its
representatives, employees, managers, and those acting on its behalf, are not
responsible in any way whatsoever for the contents of the information presented on
those websites in the same way that they cannot check out the nature, quality, or
reliability of the information on said websites. Any use of the information on those sites
and/or reliance on it will be done only at the user’s sole and complete responsibility.
2.14. It is clarified to the user that the information on the website might be updated and/or
changed, from time to time, and that the contents that appear on the site might be
erased and/or changed without prior notice and without the user’s consent, and that the
Company, including its representatives, employees, managers, and those acting on its
behalf, are not liable for any damage, of any type, that may be caused in said case.
2.15. The copyrights, and the trade secrets, the ownership rights on the information including
distribution rights and any other intellectual property related to the website and/or the
information to be published on it are the exclusive property of the Company.
3. Purchasing through the Website
3.1. Purchases through the website can be executed by any Israeli resident over 18 years of age who has at his/her disposal the following:
3.1.1. A credit card to his/her name, valid at the date of execution of the purchase, issued to him/her by one of the credit companies legally operating in Israel and which is clearable by one of the credit companies legally operating in Israel.
3.1.2. An email box on the Internet, valid and operating at the date of execution of the purchase, used by him/her to send and receive electronic mail.
3.2 Clarifications can be executed also by direct phone call to the Company’s offices.
3.3. The products will be delivered as per the Rules and Regulations instructions below.
3.4. It is hereby clarified that the suppliers or manufacturers who offer and sell their products and/or services on the website will be solely responsible vis-à-vis a buyer who purchases the relevant products and/or services through the website. Any claim and/or complaint and/or demand made due to a product and/or service will be addressed to the Company and the latter will contact, on behalf of the client, the supplier and/or manufacturer who is solely responsible for the quality of the product/service. The Company is not to be considered liable in any way for the sale of the products and/or the services, with the exception of contacting the suppliers and/or manufacturers on behalf of its clients.
5. Purchasing / Service Ordering Process through the Website
5.1. Prior to executing a purchase through the website, all transactors are requested to register on it. At the time of registration they will be asked to provide the following information: full name, email address, home address, and phone number. They will also be requested to choose a username and password for themselves.
5.2. During the purchase, the transactor will be requested to provide the data of the credit card at his/her disposal with which he/she intends to execute a purchase/purchases on the website, as well as the credit card holder’s identity card number. Credit card data and identity card numbers are not kept on the Company’s records.
5.3. The transactor hereby declares that he is aware that it is absolutely prohibited to submit false personal data and that it constitutes a criminal offence according to the Penal Law 5737-1977 and/or any law. The Company will be entitled to take legal measures against any person who submits false information. In addition, the Company will be entitled to cancel any transaction executed through the website in case the transactor submitted partial or false information.
5.4. Subsequent to the execution and registration of the transaction on the site as aforesaid, a message will be sent to the transactor’s email address (the address he/she provided when he/she registered) including all the transaction’s details (hereinafter: “Confirmation Message”).
5.5. The Company will bear no responsibility for the receipt of the confirmation message in case the email address provided by the transactor when he/she registered on the website is incorrect and/or invalid.
5.6. The confirmation message does not oblige the Company and/or the supplier to supply to the transactor the product purchased by him/her. The confirmation message only evidences that the order data were entered into the system, and does not constituted confirmation of receipt of the product and/or of payment for the product and/or confirmation of anything else.
5.7. In case the transaction was not authorized by the credit company, the transactor will receive a suitable message in that respect.
5.8. In any case and without detracting from the above, the transaction will be considered doable only after the transactor’s credit card data is fully verified and the credit card company’s authorization for the execution of the transaction is received. Following said authorization by the credit card company, the Company will proceed to deliver the products ordered on the website by the transactor.
6. Distorted Orders
6.1. For the Company and/or the suppliers to be able to supply the transactor the product he/she ordered, the order data shall be received and entered into the Company’s system in a proper and organized manner, and this data shall include all the information required in order to send the products and charge the transactor. Various reasons can cause malfunctions and distortions while the order is entered into the system and processed by the Company. If the transactor receives a message concerning incorrect contents of the data of his/her order or regarding a system malfunction during entry of the order into the system, the Company recommends the transactor to contact it directly by phone.
6.2. If a distortion and/or error occur in the product’s description, price, or any other detail, the Company shall be entitled to cancel the transactor’s order and the latter will not be charged any amount for the cancelled order.
6.3. If the transactor provides incorrect identification data when placing the order, the Company and/or the suppliers will not be able to ensure that the products reach him/her. In case the products are returned to the Company and/or the suppliers due to erroneous data provided while placing the order, the transactor will be charged the shipping and handling fees.
7. Privacy
7.1. All personal information provided during the execution of the transaction on the website will be kept in the Company’s database (except for credit card data and identity card numbers which in any case are not kept in the Company’s database). The Company will not transfer the transactor’s personal information to any entity (except for the credit company or the clearing company), and this only to complete the purchase transaction made on the website. Although there is no obligation by law to provide the Company with personal information, the Company will not be able to process the orders if it does not receive said personal data.
7.2. The Company will be entitled to send to the transactor emails and to contact him/her in writing or verbally with information regarding Company sale offers, news concerning products in particular and the website in general, advertisement from selected commercial entities, etc. If the transactor is not interested in being contacted by the Company as aforesaid, he/she shall mention this on the place intended to this end on the first email advertisement he/she receives. Likewise, without detracting from the provisions of article 7.1 above, the transactor declares that he/she is aware of and agrees to the fact that the Company is entitled to submit the information supplied by the transactor for statistical information analysis and to provide said statistical information to other entities. In such case, the data will not refer to the transactor personally and it shall not be possible to identify him/her on the basis of the statistical data.
7.3. The Company dedicates resources and takes strict measures to prevent the infiltration of the website and/or the Company’s computers and to thwart a possible invasion of the website users’ privacy. However, it is impossible to rule out disruptions completely. Therefore, the transactor hereby declares that he/she will have no complaint and/or demand and/or claim against the Company and/or anyone on its behalf due to said impacts, malfunctions and/or disruptions that may be caused by said infiltration.
9. Product Delivery
9.1. The delivery times to which the Company and/or suppliers are committed appear on each product’s specific product page (hereinafter: “Shipping and Payment”). The calculation of the delivery dates will be based on business days, i.e., Sunday-Thursday, excluding Fridays, the eve of holidays and festive days, Saturdays, and holidays and religious festivals. However, the Company and/or the suppliers will do their best to advance the delivery time.
9.2. On the date of completion of the order data, the transactor shall choose the product delivery option as specified on the product page. The product’s delivery time will be set in accordance with the transactor’s choice of mode of delivery of the product.
9.3. The Company and/or anyone on its behalf and/or the suppliers and/or anyone on their behalf will not bear any responsibility for delays in the delivery of the products resulting from events beyond their control, such as strikes or lockouts, malfunctions in the computer, phone, or communication systems, email malfunctions, acts of hostility and/or force majeure (war, earthquakes, weather, etc.), events that may affect the completion of the purchasing process and/or compliance with the delivery dates. In such cases, the Company is entitled to announce the cancellation of the purchase, partially or in its entirety, and to annul the charge to the transactor.
9.4. Products delivered via the Israel Postal Company will be sent subject to the Israel Postal Company’s delivery time and to its customary quality and conditions of service- registered mail, about 2-7 days. It is hereby emphasized that the delivery times of products not supplied through couriers cannot be supervised by the Company and/or the suppliers and are not under their control, and the transactor hereby declares that he/she will have no complaint towards the Company and/or anyone on its behalf and/or the suppliers and/or anyone on their behalf due to disruptions in non-courier delivery. Supply sent abroad will be sent via registered mail only. Time of supply delivery is between one to three weeks, depending on the location.
9.5. Products will be delivered via courier, in Israel only, in accordance with the terms of delivery of the courier company working on behalf of the Company and subject to the list of supplier localities with door-to-door delivery with the exception of extraordinary cases as specified in the shipping conditions. Time of supply is between 1 to 3 days. In case the courier company cannot execute the shipment up to the shipping address for any reason whatsoever, including weather conditions and/or security situation that may endanger the couriers’ life, the Company will clarify the issue with the client and an alternative solution acceptable to both parties will be found. It is hereby clarified that the Company will be the sole arbiter regarding all that concerns the cancellation of the shipment due to the aforementioned conditions.
10. Prices and Payment
10.1. Payment for the product will be charged via the credit card whose details were provided by the transactor, at the price published on the product page at the time the product was ordered, with the addition of shipping expenses, everything as specified near each product and/or on the product page and/or the shopping cart and/or the checkout.
10.2. The Company will be entitled to change the shipping and handling fees from time to time. The valid price concerning the transactor’s order is the price published on the website upon completion of the ordering process.
10.3. All the prices that appear on the website include VAT unless specifically stated otherwise.
10.4. Without detracting from all the provisions in these Rules and Regulations, it is clarified that for every purchase on an amount above NIS 1,500, the holder of the credit card through which the purchase is executed will be required to sign the credit card payment confirmation slip on receipt of goods.
11. Purchase Cancellation / Product Exchange
11.1. The transactor may cancel any purchase made on the website within 14 days from the day of receipt of the product, provided that the product is wrapped and/or closed in its original packaging and without flaws and/or wear. To cancel the purchase as aforesaid, the Company is to be contacted over the phone. Following clarification of the transactor’s request to cancel his/her order, he/she should return the product to the Company’s warehouse, or alternatively, request the company to send a courier to his/her house in order to collect the product and return it to the Company at the transactor’s expense. Subsequent to the return of the product, the transactor will be credited the price paid for the product as per the provisos below.
11.2. The transactor has the possibility to exchange the product purchased on the website for another product shown on the website, provided that the product is wrapped and/or closed in its original packaging and without flaws and/or wear. To exchange a product as aforesaid, the Company is to be contacted over the phone. Following clarification of the transactor’s request to exchange the product, the Company will send a courier to his/her house in order to collect the product and return it to the Company and/or to the supplier at the transactor’s expense. Subsequent to the exchange of the product, the transactor will be credited and/or debited the difference between the price paid for the first product and the price of the second (alternative) product, as per the provisions of article 11.4 below.
11.3. In the case of said purchase cancellation and/or product exchange, if the product was already supplied to the transactor, he/she has the obligation to pay for the cost of shipping the product to the Company. Even if the product was sent to the transactor but did not reach him/her yet, the transactor will be charged shipping fees as per article 14E of the Consumer Protection Law: including expenses or commitments due to shipping, packing, or any other expense or commitment that according to the Company and/or the supplier were made by them or that they committed themselves to make due to engagement in a contract or a transaction or due to the cancellation of said engagement.
11.4. In case the products sent to the transactor are defective at the time of receipt, the transactor shall inform this to the Company by email immediately after becoming aware of the flaw in the product. The transactor will send the product at his/her expense. If the product is defective, the Company reserves the right to propose to the transactor to replace the defective product with a product in working order. If the transactor accepts said proposal, the new product will be sent to the transactor at the Company’s expense following the return of the defective product, and he/she will be credited the price of the shipment to the Company. If the transactor rejects the said proposal, his/her credit card charge for the product will be cancelled, including any payment of shipment fees, packaging, and return fees. Without detracting from the above, the Company will have sole discretion to establish whether the product is defective and the said cancellation of charges and/or money refund will be executed only after the Company establishes that the product is defective.
11.5. It is not possible to return or exchange products that can be recorded, duplicated, or reproduced, whose original packaging was opened, unless it is found out that they are defective. In the case of a defective product, the transactor is entitled to send it to the Company and to enclose the tax invoice he/she received and a letter describing the product’s problem. Following receipt of the transactor’s request, the Company will proceed as per article 11.4 above, and the transactor may receive the product again provided that it is in the Company’s and/or the supplier’s stock, or alternatively he/she may cancel his/her order. The right to return and/or exchange the product is subject to additional restrictions as per article 14C of the Consumer Protection Law 5741-1981. According to article 14C(d)(4) of the Consumer Protection Law, a client is not entitled to cancel a transaction in which upgrades were made especially for the client. The following is a quotation of the article: “Goods specially produced for the consumer as a consequence of the transaction”.
11.6. Without detracting from the provisions of these Rules and Regulations, whether the product was received by the transactor or not, the order shall be cancelled via email to the Company’s Service Center. However, following receipt of the product, the order will be cancelled as per above, up to 14 days from the day of receipt of the product.
12. Liability
12.1. The Company sells the products on behalf of the suppliers and/or manufacturers and acts as a broker between the suppliers and/or manufacturers and the transactors. However, the Company and/or anyone on its behalf do not bear any responsibility for the quality of the products and/or services, their contents, the manufacturers’ names, and/or any representation made on the website regarding the aforementioned details. The suppliers and/or manufacturers bear full and exclusive responsibility for everything related to the products.
Some times there may hue differences between the pictures of the products published on the website and the exact color of the products as actually supplied. The products on the website are shown in good faith and under the suppliers’ and/or manufacturers’ responsibility, and their presentation on the website does not constitute a recommendation and/or opinion by the Company regarding the nature of the products, their features, quality, manufacturers’ names, etc.
12.2. If the transactor purchased a defective product, he/she is entitled to exchange it or return it or to cancel it and to be refunded, as specified in these Rules and Regulations.
12.3. The suppliers and/or manufacturers bear sole responsibility for the products, their quality, nature, resistance, and contents as per the specifications of the product or of the terms and conditions mentioned on the Warranty Certificate attached to them, if any.
12.4. It is emphasized that all the obligations imposed on a “Dealer” as per the Consumer Protection Law 5741-1981 and the regulations issued by virtue of the latter apply only to the suppliers and/or manufacturers, and that they committed themselves to every product having all the permits required by law, including the Standard Mark and certification from the Ministry of Health.
12.5. Under no circumstances will the Company and/or anyone on its behalf bear any responsibility whatsoever for direct, indirect, punitive, incidental, special, or consequential damages, and/or for any other damage of any type, including, without derogating from the generality of the above, damages for loss of use, loss of data, or loss of profits, deriving from or related in any way whatsoever to the use or performance of the website, damages for delay in use or incapacity to use the website, the supply or non-supply of products or services, or of any other information, program, product, service, or ancillary graphics obtained through the website, and/or resulting in any other way from use of the website, whether on the bases of an agreement or of tort, whether under absolute responsibility and/or any other grounds, even if the Company and/or anyone on its behalf is aware of the possibility of such damages.
12.6. If the transactor is not satisfied with any part whatsoever of the website or with one of the conditions of these Rules and Regulations, he/she is granted the possibility of writing to the Company and the latter will meticulously examine his/her request.
12.7. The website’s service is usable As Is. The transactor will have no complaint, claim, or demand vis-à-vis the Company and/or anyone on its behalf due to the service’s qualities, capacities, limitations, or its adaptation to the transactor’s needs and requirements.
12.8. The Company commits itself to make efforts for the sake of the transactor’s satisfaction and to secure the website and its level of service, but it does not commit itself to the website service having no disruptions, being provided without interruption, existing securely and without errors, and/or being immune to non-authorized access to the Company’s computers, damages, corruptions, malfunctions – including malfunction of the hardware, software, or the communication lines to the website – at the Company and/or anyone on its behalf.
13. Law and Jurisdiction
13.1. The law that applies to the transactor’s orders and to these Rules and Regulations is the only the Israeli law.
13.2. Exclusive jurisdiction on every issue and dispute is granted solely to the authorized tribunals of the Tel Aviv district.
14. Company Data
14.1. The Company’s offices are located on St. Hadva 7 , t. Ashqelon , Israel .
14.2. The Company’s Customer Service Center can be reached by phone at 050-5515-999 Sundays through Thursdays from 9:00 till 16:00, excluding weekends and holiday eves.
14.3. It is possible to leave a message. The Company will make every possible effort to return the call as soon as possible, and in urgent cases also outside of its business hours as possible.
14.4. In addition, it is possible to write a letter to the Company’s offices at the above-mentioned address and/or via email to the following address:
info@zhanna-y.com.
14.5. It is forbidden to copy, duplicate, distribute, publish, or make use in any other way of the contents appearing on the website unless the Company grants its consent in advance and in writing.
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