Terms of service

general 

A. This website (hereinafter: " the Website ") is owned and operated by Bracha Bar-On Fashion Ltd., C.P. 511463978 (hereinafter: " Bracha Brown " or the " Company "). The website enables online purchase of products marketed by the Company (virtual store) by the Internet surfing public in Israel.

B. The terms of these regulations shall apply to any use of the site and/or purchase made through it. Browsing the site and/or purchasing through it and/or any other use of the site (hereinafter: "use of the site") constitutes confirmation and agreement by the user or surfer (hereinafter: "the user") to the terms of these regulations. The user declares and confirms that he has read the provisions of the regulations carefully and that he is aware of and agrees to them in full. To the extent that the user does not agree to the terms or parts thereof, the user is requested not to use the site.

C. The section headings are for the convenience and orientation of the user and will not be used in the interpretation of the regulations.

D. The provisions of these regulations apply equally to members of both sexes, and the use of the masculine form is for convenience only.

Using the website

Making purchases through the site will be possible subject to fulfilling the cumulative conditions detailed below:

A. The user declares that he is of legal age (over 18 years of age) and is qualified to perform binding legal acts (if the user is a minor or is not qualified to perform legal acts without the permission of a guardian, his use of the site will be deemed as if he has received the permission of the guardian).

B. The user has a valid Israeli ID card or a corporation legally incorporated and registered in Israel.

C. The user has an active email account on the Internet.

D. The user has a valid Israeli or international credit card, issued in Israel by one of the credit card companies, and can provide a telephone number where he can be contacted.

E. The purchase is for private consumption and not a wholesale purchase.

The Company shall be entitled, at its sole discretion, to suspend or block access to purchases and/or browsing, temporarily or permanently, of users whose behavior is inappropriate or not in accordance with these Terms and Conditions and/or which infringes the intellectual property of Bracha Brown or another party and/or which in any way infringes the management of purchases on the Site and/or which infringes the proper operation of the Site or Bracha Brown's computer system and/or in accordance with any law. The Company shall also be entitled to cancel any purchase made in violation of the provisions of these Terms and Conditions or in the event of a concern that an action has been taken in violation of any law applicable to the Company and/or the Customer.

Making a purchase through the website

A. The sale on the site is a sale at a fixed price until stocks last (regular sale).

B. The user will be entitled to choose from the variety of items offered for sale through the site, at the sole discretion of the company. The user will choose the desired size, color and quantity of the requested product(s). It is clarified that to the extent that there is an error in the description of the color and/or its appearance, this will not bind the company. The colors displayed on the site and any image that includes a product offered for purchase are intended for illustration only and there may be differences between them and the products in reality; and the user will have no claim for this.

C. Bracha Brown will be entitled to update the pages on the site from time to time, add or remove items, remove products for which the stock is out of stock, add or remove sizes and/or colors, and change the price of the items appearing on the site.

D. As part of the purchase, the user will provide personal information such as name, address, email address, telephone number, and credit card information through which payment for the purchase will be made. Finally, the user will confirm the execution of his order (hereinafter: "the order"). The user declares that the information he will provide during the order will be true, complete and accurate. To the extent that the information provided is incorrect or inaccurate, Bracha Brown will not be able to guarantee the execution of the order. The user declares and confirms that he is aware that knowingly providing false information may constitute a criminal offense and that civil and criminal legal measures may be taken against those who provide false information, including claims for damages caused to Bracha Brown as a result.

E. After placing the order, Bracha Brown will check the credit card details with the appropriate credit company and upon receiving the credit company's approval in principle, an email will be sent to the user, in accordance with the details he provided. The user declares that by providing the email address, he approves the sending of messages by Bracha Brown in connection with the placing of orders in accordance with the details provided by him. It is clarified and emphasized that the sending of the said email does not constitute evidence of the execution of the action and does not bind Bracha Brown. The internal computer records of Bracha Brown and/or someone on its behalf will constitute conclusive evidence of the execution of the order as aforesaid.

F. It is clarified and emphasized that the transaction will be finalized only after Baraka Brown receives the credit card company's approval for the payment, in accordance with the procedures agreed upon between it and the relevant credit card company.

G. The number of days for the purpose of shipping the order will only begin on the date the transaction is approved by the credit card company.

H. If the transaction is not approved by the credit companies, a message will be displayed to the user on the site and/or an email notification will be sent to the user. It is clarified that in such a case, the order will be considered as not having been placed.

I. After placing the order, the user will be able to receive details regarding the status of the order and/or delivery via the website/Bracha Brown customer service department as detailed below.

 

Shipping and delivery

A. Bracha Brown will deliver the products purchased through the website to the address in Israel that the user specifies when ordering, subject to the courier company's policy.

B. The customer will be required to pay shipping fees, in the amounts set out on the Bracha Brown website from time to time. Notwithstanding the foregoing, Bracha Brown may from time to time grant a discount on shipping fees or free shipping, under certain conditions or without conditions, all at its sole discretion.

C. Bracha Brown will only deliver products for which the consideration has been paid in full using the user's credit card and to the address specified by the user.

D. Payment for the shipment will be made via credit card and will be included in the payment for the products, and will not be able to be canceled for any reason, except by law.

General instructions regarding shipping and delivery of products

A. The delivery date of the above shipment will be up to 7 business days from the date of transaction confirmation, unless another period is published on the site, except for Judea and Samaria (14 business days), Golan Heights (8 business days) and Eilat (8 business days). In cases of an exceptional volume of orders on the site, there may be delays in delivery dates (either in relation to the delivery date specified in these Terms of Use or in relation to the delivery date published on the site, if published). Therefore, in those exceptional cases, a delay in delivery of up to 10 business days will not be considered a violation on the part of Bracha Brown and the customer will have no claim against Bracha Brown.

B. The delivery date of the products specified on the site refers to business days (Sundays through Thursdays, excluding Fridays, Saturdays, Sabbaths, holiday eves, and holidays), with their counting beginning on the day the credit company's approval of the transaction is received. Bracha Brown may advance the delivery date and/or adapt it to the needs of the customer, subject to the shipping company's policy and the shipping terms specified on the site when the order is placed. An order placed on a business day after 12:00, or on a day that is not a business day, will be considered, for the purpose of the delivery date, as an order placed on the following business day.

C. Bracha Brown will not be responsible for any delay in delivery and/or non-delivery that may result from incorrect and/or inaccurate and/or incomplete details provided by the user and/or as a result of force majeure and/or events beyond Bracha Brown's control, including strikes, shutdowns, security emergencies, etc.

D. In addition to what is stated in these Terms of Use, the regulations of the Israel Post Company or any other entity through which Bracha Brown will make the shipment, at its sole discretion, will also apply to any shipment of a product via the Site, and will bind the user.

E. Cancellation of an order will be made in accordance with Bracha Brown's returns, exchanges and cancellations policy.

F. Bracha Brown will be entitled to contact the customer by telephone to replace a purchased product with a similar product at the same cost, in exceptional cases in which the ordered product cannot be provided, including cases beyond Bracha Brown's control.

 

Providing details by the user

A. In order to place the order, the user may be required to register on the site using an e-mail address and a personal password as chosen by the business. The user will also be required to provide details that will be required for processing the order, such as full name, residential address, shipping address, mobile phone, home phone, credit card number, ID card number. The user confirms and agrees that the provision of personal details during the order is done according to the user's wishes and with his consent. The provision of details indicates the user's consent to their provision.

B. The user is aware and hereby agrees that all details provided during registration on the site and/or resulting from his activity on the site, including information and data collected about the user during use and browsing of the site, will be stored in Bracha Brown's database. Registration on the site and/or use thereof constitutes the user's consent and authorization to store said information and make any use of it, in accordance with the law.

C. To the extent that a user does not wish to receive messages from Bracha Brown, the user may choose, when registering on the site, not to join Bracha Brown's mailing list. The user may also choose to remove his details from the site's mailing list at any time.

D. Bracha Brown may use "cookies" - small text files stored on the user's computer's hard drive, via the browser, in order, among other things, to provide the user with fast and efficient service and to prevent the user from having to enter his personal information each time he enters the site. However, it is clarified that the user may choose, via the browser he uses, not to store or delete the "cookie" files from his computer.

E. Bracha Brown takes standard precautions to maintain the confidentiality of the information provided by the user. Notwithstanding the foregoing, Bracha Brown shall not be liable, in any event, for any damage, direct or indirect, caused to the user and/or anyone on his behalf as a result of damage to the information and/or unauthorized use thereof, including in cases beyond the control of Bracha Brown and/or arising from force majeure.

 

Returning products/cancelling a transaction, completing a transaction, and partially completing a transaction

A. The user will be entitled to cancel the transaction or return the products, in accordance with Bracha Brown's returns, exchanges and cancellations policy, as detailed on the website, and subject to all legal provisions, including the provisions of the Consumer Protection Law, 5741 - 1981 ("Consumer Protection Law") and the regulations thereunder.

B. Exchanges and credits will be made according to the price actually paid for the items (excluding shipping fees), as it appears on the purchase invoice.

C. An item purchased on the site may be exchanged for another item or returned for credit within 14 business days of receiving the item. Exchange or return will be permitted subject to presentation of an invoice, provided that the item is in good condition, has the original label, and has not been used at all.

D: Replacement options:

Exchange at a collection point: Free of charge - exchange at 255 Dizengoff in Tel Aviv by prior arrangement with the store.

Exchange via courier: At a cost of 20 shekels - a courier will arrive with a new package and collect the old one from you - the new package will reach you within 10 business days.

E. The foregoing does not detract from the customer's right to cancel a transaction, including with respect to the products specified in this section, in accordance with the provisions of the Consumer Protection Law, 5741-1981. Regarding the cancellation of a transaction – see below.

F. Replacement will be subject to the availability of products in stock.

G. Accessories and lingerie products cannot be exchanged.

H. The company's product return policy does not derogate from the provisions of any law.

 

Cancellations

A. Cancellation of a transaction made on the Bracha Brown website:

A consumer who purchases a product on the Bracha Brown website may cancel the transaction in accordance with the provisions of the Consumer Protection Law, 5741-1981 ("Consumer Protection Law"). The details provided below are a non-binding summary of the full and binding rules found in the Consumer Protection Law. Nothing in this summary limits the rights of Bracha Brown or the consumer's cogent rights, under the Consumer Protection Law.

B. Cancellation date:

You can cancel the purchase within: (a) 14 days from the date of receipt of the product; (b) 14 days from the date of receipt of a document containing the details stated in subsection 14C1(b) of the Consumer Protection Law - whichever is later.

C. Cancellation methods: Bracha Brown allows you to cancel a transaction made on its website, via a cancellation notice that the consumer will deliver in any of the ways detailed below and in accordance with the methods of communication detailed below:

1. Verbally - by company phone 03-5188898 (ext. 1)/ mobile 0522462462
2. In writing - by email to bffbaron@gmail.com

The cancellation notice must state the consumer's name and ID number. To assist Baraka Brown in locating the relevant transaction, the consumer is asked to attach an invoice/receipt to the cancellation notice to identify the transaction and its amount.

D. In the event of cancellation due to a defect in the product or a discrepancy between the product and the details provided to the consumer regarding the product or due to failure to deliver the asset or service on the date set for this or another breach of the terms of the contract ("Discrepancy"), Bracha Brown will refund, within 14 days of receiving the cancellation notice, that part of the transaction price paid by the consumer for the defective product, will cancel the charge for the transaction, will provide a copy of the cancellation notice and will not charge any cancellation fees from the consumer.

E. In the event of cancellation not due to a product defect or non-conformity, Bracha Brown will refund, within 14 days of receiving the cancellation notice, that part of the transaction price paid by the consumer, cancel the charge for the transaction, provide a copy of the charge cancellation notice, and will not charge any cancellation fees from the consumer.

F. A consumer's right to cancel a transaction does not detract from Bracha Brown's right to claim damages in the event of returning products whose value has decreased as a result of a significant deterioration in their condition while they were in the consumer's possession, including in the case of returning a product that has been used, whose packaging has been opened or damaged, which has been damaged, defective, spoiled and/or has suffered any harm.

G. In any case, the product will be returned in its original packaging, intact and/or without damage and/or defect and/or spoilage of any kind.

H. In accordance with Amendment 47 to the Consumer Protection Law, a person with a disability, a senior citizen and a new immigrant (as defined in the law), who made a transaction on the Bracha Brown website that included a telephone conversation with a Bracha Brown representative, will be entitled to cancel the transaction within four months from the date of making the transaction, from the date of receiving the product or from the date of receiving the document containing the details mentioned in Section 14C(b), whichever is later.

9. For any questions, you can contact Bracha Brown's customer service:

By email at bffbaron@gmail.com 

and/or

By company phone 03-5188898 (ext. 1) or by mobile 0522462462.

J. If the user has ordered several products and the order is partially delivered to the customer for any reason (including lack of stock), the user will only be charged for the products actually delivered and the charge, if any, for the products not delivered will be canceled. The user gives his consent to the cancellation, as stated, in advance.

K. If the user has not completed his order, including due to failure to enter the name and number of the payment method (credit card) through which the payment will be made and/or any other required information, at the sole discretion of Bracha Brown, the order will be considered as not being completed and therefore as not being executed.

12. The user will inspect the product immediately upon receipt and notify the company if the product received is damaged or substantially different from what appears on the site. The user will be entitled to cancel the transaction in accordance with the returns, exchanges and cancellations policy of the Bracha Brown website and in accordance with all laws.

13. In any case in which, due to force majeure (as defined below) and/or any event beyond the control of Bracha Brown and/or anyone on its behalf, it is not possible to manage the site properly and/or supply the products and/or fulfill any obligation of Bracha Brown in full or in part, Bracha Brown shall be entitled to cancel the transactions and engagements, at its sole discretion. In this section, "force majeure" means as accepted by law and includes security events and/or hostile actions and/or nationwide or localized emergencies, strikes or shutdowns, computer malfunctions, telephone system malfunctions or malfunctions in other communication systems, and including any sabotage.

14. Bracha Brown takes reasonable measures to ensure that at any given time the inventory of products displayed for sale on the Site will be identical to the physical inventory of products in its possession. However, there may be exceptional cases in which Bracha Brown becomes aware, after the user has completed the order, that the product ordered is out of stock. In such cases, Bracha Brown may cancel the sale or offer an alternative product. In such a case, Bracha Brown and/or anyone on its behalf will not be liable for and will not bear any direct, indirect, consequential or special damage caused to the user or a third party.

15. Without derogating from the above, Bracha Brown shall be entitled to cancel a transaction, in whole or in part, in the event that an unusual and obvious clerical error occurs in the offer, whether in the price of the product or in its description.

16. Without derogating from the above, Bracha Brown shall be entitled to cancel any order in the event that there is a suspicion that the user and/or any third party is attempting or has attempted to intentionally sabotage the operation of the site and the order fulfillment system, or is attempting or has attempted to purchase the products for purposes other than private use (for example, wholesale purchase).

17. In the case of special activity on the site, such as gift boxes being distributed, the activity is limited to existing stock and is until stocks last.

Site activity

A. The service on the site is provided as is and the user will not have any claim, claim or demand in connection with the features of the service, its characteristics, limitations or its suitability for his needs and requirements.

B. Bracha Brown makes efforts to maintain the integrity and activity of the site. Notwithstanding the foregoing, Bracha Brown does not guarantee that the service on the site will not be interrupted, will be provided as usual without interruptions, breakdowns or malfunctions - including malfunctions in hardware, software or communication lines, and it will not be responsible in any way for malfunctions and/or disruptions in the global Internet and/or in Bezeq lines and/or in the communication lines that enable access to the Internet.

Warranty and service

A. All products offered for sale on the site are new and in good condition, unless otherwise specified.

B. In any case where the user believes that he has received a defective product, he must contact Bracha Brown's customer service to handle his request, in accordance with the provisions of these regulations and the provisions of any law.

 

Intellectual property

A. All intellectual property rights of Bracha Brown, including the graphic design of the company's website, the website itself, its address, its source code, the images, the databases, the product details, as well as any detail related to its operation, are the exclusive property of Bracha Brown.

B. You may not copy, publish, distribute, reproduce, translate, sell or market any information from the site (including images, text, trademarks, brand name, source code, database, product list, etc.) without obtaining the express prior written permission of Bracha Brown. It is clarified and emphasized that the aforementioned also refers to the publication and/or use of all of the above within the framework of any other website and/or the collection, through software and/or other means, and distribution of data from the site, commercially or privately.

C. The site must not be displayed within a visible or hidden frame.

And there should be no link to the pages within it ("deep linking"), but only to the home page.

D. All information and/or display appearing on the site, including graphics, design, verbal presentation, trademarks, icons, all verbal content, logos, including their editing and display on the site, are the exclusive property of Bracha Brown.

E. Content from the site may not be displayed in any way – including through any software, device, accessory or communication protocol that changes its design on the site or removes any content from it, in particular advertisements and commercial content.

F. Nothing in this chapter shall derogate from any proprietary right and/or protection of Bracha Brown.

 

variance

A. Bracha Brown and/or anyone on its behalf will not be responsible or liable for any direct, indirect, consequential or special damage caused to the user or a third party, as a result of use or purchase through the website, whatever the cause of action, including loss of income and/or loss of profit caused for any reason whatsoever.

B. Bracha Brown will not be responsible for the content published in the links that appear on the site, to the extent that they appear, and that lead to other sites. Bracha Brown also does not guarantee that the link will lead to an existing/active site.

C. Bracha Brown's computerized records in connection with the performance of actions by users of the site will constitute conclusive evidence of the correctness of those actions.

D. Bracha Brown may change the provisions of these Terms of Use from time to time at its sole discretion. The full responsibility for familiarizing yourself with the provisions of these Terms of Use and/or Terms of Use applies to you alone at all times.

E. These regulations and any disputes related to them will be interpreted in accordance with the laws of the State of Israel, and the unique and exclusive jurisdiction to discuss any dispute arising from the regulations or related to them will be assigned to the court.

The authorized person, as the case may be, in Tel Aviv-Yafo.

privacy

Customer information is secure and will not be transferred to third parties other than for the purpose of using the site.