Website regulations

  1. 1. General
    1.1. Dear User (hereinafter referred to as " Purchaser ", " Customer ", " User " , " You ", etc.), welcome to the website regulations. BAR BA VAN ( " the Site ") !
    1.2. The website , which serves, among other things, as an e-commerce website, Operated by Bar Bah Van Ltd. , H.P. 5169051114​ 109 Hatana St. , phone , email barbavan11@gmail.com (hereinafter referred to as the " Operator ").
    1.3. These regulations form part of the Terms of Use (along with the Privacy Policy and any other legal document to which the Operator and the User are parties), and govern , among other things, the use of the Site and the terms of purchase in the online store operated by the Site. Accordingly, viewing, use and purchase on the Site are subject to all Terms of Use and the provisions of any law.
    1.4. Every user of the site, and in particular everyone who makes a purchase on it, confirms that he has read the provisions of the regulations and that he agrees with them. If you do not agree with the provisions of the regulations, please refrain from using the site and making purchases.
    1.5. The Operator may change the provisions of these Regulations or any of the Terms of Use, at its sole discretion, from time to time and without prior notice. It is therefore recommended that you review the Terms from time to time.
    1.6. In any case of conflict between the content of the site and the content of these regulations (or other terms of use), the content of the regulations and terms of use will prevail.
    1.7. The wording of the regulations and the other terms of use are intended to exist alongside each other and not detract from each other's provisions, and they are cumulative and not alternative.
    1.8. Registration to the site, the provision of information during the registration process, its storage and the use of the information by the operator will be carried out in accordance with the terms of the site's privacy policy as they may be from time to time.
    1.9. The Operator reserves the right to update the terms of the Regulations from time to time at its sole discretion, without prior notice or notification. The user and/or customer will have no claim against the Operator for such change. The date of commencement of the change will be the date of publication of the updated version of the Regulations on the Operator's website for the first time, and any action taken on the website after publication will be subject to the updated Regulations.
    1.10. There is a complete prohibition on copying the contents of the site or making them available to the public and enabling their use by anyone other than the purchaser himself, and such action may amount to a violation of copyright, with all that this implies .
    1.11. The use of the masculine gender in writing these regulations is for convenience only and everything stated therein is intended for both women and men. What is stated in the singular should be read in the plural as appropriate and vice versa. The headings in these regulations are not binding or exhaustive and are intended for convenience only.
    1.12. If a competent authority determines in the future that any section of these regulations does not comply with the provisions of the law, this will not affect the validity of the remaining provisions of these regulations.
    2. Who is allowed to make a purchase on the site?
    2.1. Within the framework of the Site , retail purchases of products ( the " Service " ) can be made . The Site is intended for making retail purchases only ; a "retail purchase" is a purchase of a reasonable size for private or family needs . The Operator reserves the right to determine what constitutes a retail purchase.
    2.2. The service is provided within the State of Israel only and in certain localities defined by the operator from time to time, at its discretion (hereinafter: " service areas ") .
    2.3. In order to check whether a particular locality is in the service areas, you can contact the operator using the email address specified at the top of these regulations . It is clarified that the operator may at any time, remove and/or add localities to the service areas .
    2.4. Subject to the provisions of these regulations, anyone who is authorized to make a purchase through the site is any person who lawfully holds a valid credit card recognized in Israel, registered in his name, and presents an identification document . The operator reserves the right to determine that a purchase through the site will only be possible subject to registration on the site using basic details (such as name, address, telephone number, e-mail, etc.) , and in such a case, a purchase will be possible subject to the purchaser providing all the details required for registration on the site and the service (full name, ID/passport number, residential address, mobile phone, home phone, e-mail, etc., as may be required at the time of registration and/or from time to time) and completing the purchase details on the site.
    2.5. Purchases through the site will be possible using a valid credit card in the name of the customer only . The purchase will be completed subject to receipt of approval from the credit company for this purpose or proof of payment transfer by the means specified above .
    2.6. The operator will send, within a few hours of placing an order, confirmation of its execution via e-mail. Such confirmation does not constitute confirmation that the credit card company has given approval or that payment has been received . The provision of confirmation of the execution of such an order does not bind the operator in any way .
    2.7. The information stored in the Operator's computer systems, from time to time, will constitute prima facie evidence of the contents thereof.
    2.8. An order will not be placed by anyone who does not meet these cumulative conditions: He is at least 18 years old and is able to prove his age through a certificate issued by the State of Israel ; The user is the owner of an e-mail box; The user has registered on the site as required and complies with the provisions of the terms (as defined above) as they may be from time to time ; The user complies with the provisions of any relevant law .
    2.9. The purchase of alcoholic beverages is prohibited between the hours of 23:00 (at night) and 06:00 (in the morning). It is clarified that even if alcoholic beverages are purchased between the above hours, the products will not be delivered between the hours in this section.
    2.10. For the avoidance of doubt, the Operator shall be entitled not to make a sale to the User or Users and to cancel an order or orders at its discretion, in any case of concern on its part for non-compliance with the conditions or in the event of concern on the part of the Operator that the User will not be able to meet his obligations to the Operator.
    2.11. Various products will be offered for sale on the site from time to time, under conditions and at a price at the sole discretion of the operator. The operator will be entitled to add products or remove them, as well as change the terms of sale, including price, without prior notice or retroactively.
    2.12. The Operator may not allow a particular user to purchase products through the Site, for any reason, even if it has previously provided the service to him. Without derogating from the generality of the foregoing, the Operator may refrain from providing service to the User in any of the following cases:
    2.12.1. If incorrect information was provided during registration.
    2.12.2. If he committed an act that could harm the operator or a third party.
    2.12.3. If he violated the provisions of these regulations or any other document or agreement between him and the operator.
    2.12.4. If the use of the site was carried out, directly or indirectly, to commit an illegal act or an act that may form the basis for a civil lawsuit.
    2.12.5. If the operator has concerns that it will not be able to repay its obligations to it for any reason, including in the event of debts or blocking of payment methods.
    2.12.6. For any other reasonable reason.
    3. Prohibited uses of the website

    The following uses will be prohibited uses:

    3.1. Registering for the Site (as applicable) or performing any action therein by providing a false , misleading or fraudulent name or details . Doing so may constitute a criminal offense and a civil tort.
    3.2. Copying the content of the site or part of it. The content of the site is the intellectual property of the operator alone or someone on its behalf , and any use of it without a lawful license from the operator (in any way, including duplication, transmission, copying, etc.) is prohibited.
    3.3. Any use of the website that is not in accordance with any law, or any use that violates the rights of third parties, including use that harms the good name of another person or use that harms another person's right to privacy.
    3.4. The use of technological means (such as crawlers, robots , etc.) is prohibited, including but not limited to the purposes of tracking, scanning, searching, collecting or retrieving information.
    3.5. Display content from the site within an open or hidden frame or display the site content in any way, including those that change its original design on the site, including any omission or addition.
    3.6. Any other use not specified above that is contrary to the provisions of any law, contrary to public policy, or use that does not constitute reasonable and fair use of the site.
    4. Ordering and delivery
    4.1. The operator reserves the right to set a minimum order amount , as well as to add handling or shipping fees at its discretion, from time to time.
    4.2. The invoice that will be displayed upon completion of the purchase on the site is an estimate; the full invoice will be charged after checking the availability of the products in stock, replacing missing products with substitute products (as necessary) , the price of the items ordered at the time of delivery , etc. There may be a difference between the estimated invoice and the full and final invoice.
    4.3. In the event of shortages in a particular product, the Operator will make an effort to update these shortages on the Site, but there may be cases where a product appears as available while in fact it is out of stock. Products will only be supplied if they are available in stock. For the avoidance of doubt, the Operator will not be liable in the event of a shortage of a product in stock.
    4.4. In the event of shortages, the ordering party will make an effort to allow the customer to purchase a replacement product .
    4.5. A user may only order a reasonable quantity of each product. The operator will determine at its discretion what constitutes a "reasonable quantity" depending on the circumstances in each case.
    4.6. The product images appearing on the site are for illustration purposes only and do not bind the operator. These images are provided by the manufacturer or importer of the product and are under their responsibility .
    4.7. There may be cases where certain markings , etc. have been updated but the image appearing on the site has not been updated accordingly, including regarding nutritional values, allergens, red or green marking, etc. The customer undertakes to check the label on the product itself, before using it, and not to rely on an image alone. Also, it is possible that the details provided on the site regarding these values ​​are inaccurate or not up to date ; this detail is provided by the manufacturer and is his responsibility . In any case, the marking and label on the product are the ones that will determine.
    4.8. The customer is aware, and agrees, that the information on the product label is more comprehensive, comprehensive, and up-to-date than that which appeared on the website. The customer shall have no claim for any difference or contradiction between the information on the website and the information on the product. In any case, the information on the product label may be relied upon only, and the manufacturer is solely responsible for such information.
    4.9. All information appearing on the site in connection with the products is general information only, and should not be relied upon as professional, medical, nutritional, etc. information. In any case of doubt, the customer must consult a qualified professional. In the event of any side effect, the customer must stop using the product exclusively and seek medical advice.
    4.10. The prices of products on the site include a deposit as required by law.
    4.11. Products that were delivered in error or not delivered (wrong product, etc.) will not be charged, and the Operator will arrange for their collection from the customer's home. In the event of cancellation of a transaction due to regret ( as detailed below), the customer will return the products to the Operator himself , at the Operator's store or at another location as the Operator instructs him at its discretion.
    4.12. Payment for an order on the site will be made using a valid credit card registered in the customer's name and in his possession. The customer will be required to identify himself with a valid ID: Israeli ID card/Israeli passport/Israeli driver's license and/or any other identification document issued by the competent authorities in Israel), which was issued by one of the credit companies operating in Israel.
    4.13. Upon delivery , the customer must present the credit card with which the purchase was made and the identification document as stated above.
    4.14. The Operator has sole discretion as to whether to approve delivery to a specific address or building. In certain cases, at the Operator's discretion, the Customer will be required to accept the order at the entrance of the building, including in dangerous buildings or under renovation.
    4.15. A delivery will not be delivered without the customer's presence at the delivery location. Deliveries will not be left outside the door . Deliveries will be delivered to the address provided at the time of order placement only.
    4.16. The customer undertakes to inspect the shipment immediately upon delivery and to compare the products received with his order and the attached invoice. In the event of a discrepancy between the products delivered and those ordered, the customer shall notify the operator within 24 hours of delivery , and in such a case the operator shall ensure that the problem is corrected within a reasonable time.
    4.17. Transactions can be canceled according to the provisions of the Consumer Protection Law, 5741-1981, and Consumer Protection Regulations (Transaction Cancellation) , 2010 .
    4.18. It is clarified that according to the Consumer Protection (Transaction Cancellation) Regulations, 2010, A transaction for the sale of food products (including, for the avoidance of doubt, alcoholic beverages) cannot be canceled. After the order has been delivered .
    4.19. A transaction cannot be canceled due to regret after 12 hours before the delivery of the intended shipment (hereinafter " the last cancellation date "). In the event of a transaction being canceled due to regret only before this date, the operator reserves the right to charge 5% or 100 NIS (whichever is lower ) of the transaction value as a cancellation fee . A transaction canceled after that will be charged at the full price.
    4.20. Notwithstanding anything stated elsewhere in these regulations, it is clarified and emphasized that the customer's right to return a product and/or to cancel a purchase will be in accordance with and subject to all laws, including the Consumer Protection Law, 5741-1981, the Consumer Protection Regulations (Transaction Cancellation), 5771-2010, the Sales Law, 5778-1968, and the Debit Cards Law, 5786-1986.
    5. Intellectual property
    5.1. All content of the site, as well as any design, characterization, structure, planning, etc. related to it, are the intellectual property of the operator or someone on its behalf or of third parties who have allowed the operator to use them, and are protected by copyright laws. Any use of the content of the site without a written license is prohibited.
    5.2. The trade name, and any logo or symbol, constitute the intellectual property of the operator and any use thereof without a written license is prohibited.
    5.3. All design, characterization, structure, planning, etc. related to the site are the property of The intellectual property of the operator or of anyone on its behalf or of third parties who have allowed the operator to use them, and are protected by copyright laws. Any use of any of these is prohibited without a written license.
    5.4. The transfer, sale, resale , making available to the public, etc. of any product provided by the Operator is prohibited .
    6. Warranty The operator - general
    6.1. The products are supplied "as is", AS IS , as received from the manufacturer of the products .
    6.2. Use of the site is at the sole responsibility of the purchaser, and shall not be deemed to impose any liability on the operator. The operator does not warrant that the site will be free from errors in law or fact, or that the products therein will be presented in an up-to-date manner at all times.
    6.3. The operator does not warrant that the site will operate continuously and/or without faults. Users declare that they are aware that the content of the site may contain errors in good faith. The operator will make every effort to correct such errors within a reasonable time after receiving notice thereof.
    6.4. The Operator is not responsible for information displayed on the Site on behalf of third parties (including product manufacturers) , including its truthfulness , accuracy or non-infringement of intellectual property rights therein. Any such responsibility shall lie with the third parties.
    6.5. The Operator is not responsible for any action of any of its users on the Site, including the publication of any information or response that violates any law. The Operator will act to remove any such information after providing written notice thereof and within a reasonable time.
    6.6. The operator will make every effort to prevent information security failures, but the operator does not guarantee that there will be no such failures and it does not guarantee that attempts to hack, phish, etc. into the website will not be made or will be successful . The operator will act in any acceptable way to prevent or minimize such damages.
    6.7. The operator will make every reasonable effort to ensure that the information provided on the site is as accurate as possible. However, there may be disruptions, inaccuracies and errors in the site and/or the content and information provided therein, including with regard to any product and/or service and/or information, due to, inter alia, acts and/or omissions of the operator and/or anyone on its behalf and/or third parties. The user hereby releases the operator from any liability for the information and/or content provided by it on the site and/or errors therein, including for any damage, direct or indirect, caused to the user as a result.
    6.8. Without derogating from the above, except as required by law, in no event shall the Operator be liable for indirect damages of any kind (including compensation for loss of work and business, loss of profits, work interruptions and disruptions, loss and/or loss of business information, damage to reputation, and any other loss and/or financial damage, foreseeable and unforeseen), and the Operator 's total liability shall in no event exceed the amounts it collected from the user for the actual relevant purchase . The limitation of liability in this section shall not derogate from any other limitation of liability specified in the Terms of Use, including the Privacy Policy.
    6.9. The site may include links ('links') to websites that are not operated or owned by the operator . The links are intended solely for the convenience and information of the users. These links are not under the control of the operator and it does not supervise the content of the linked sites. To the extent that the site contains these links, this does not indicate the operator 's agreement and/or responsibility for the content that appears on the linked sites and/or constitutes a guarantee of their reliability, timeliness, correctness or legality and/or the privacy policy and terms of use adopted by their owners. The operator is not responsible for any consequences that may result from the use of the linked sites and/or from reliance on them and recommends that you carefully read the terms of use and privacy policy of these sites, to the extent that they exist, and/or contact the owners of the linked sites in any case of a claim or request in the matter. The operator may, at its sole discretion, remove any link from the site and/or add additional links. The operator does not warrants that the links to the aforementioned websites will be active and will lead to an active website.
    6.10. The user undertakes to indemnify the operator and/or anyone on its behalf for any damage, loss, loss of profit, payment or expense that they may incur, directly or indirectly, including damage to reputation, economic and/or commercial damage, attorney's fees and legal expenses for any claim, demand and/or lawsuit arising, directly and/or indirectly, from a violation of the terms of use and/or any act and/or omission of the user and/or any liability for which the operator and/or anyone on its behalf will be charged for which, according to the terms of use, the operator has no liability; or that may be brought against them by any third party as a result of improper and/or illegal use by the user of the site and/or our content, including a violation of these terms.
    7. Miscellaneous
    7.1. Limitation period . Without derogating from the provisions of these Terms and Conditions, the User hereby agrees and confirms that the limitation period for any claim and/or claim and/or demand against the Operator and/or third parties related to the use of the Site by the User and/or the products appearing on the Site, will be limited to a period of 6 months and all parties consider this to be an agreement for the limitation period within the meaning of Section 19 of the Limitation Law, 1958.
    7.2. Applicable law and jurisdiction . Israeli law shall apply to the provisions of the Terms (as defined above), without giving effect to the rules of private international law. Any matter arising from the Terms shall be heard before the competent court in the Tel Aviv district only.
    7.3. If any provision of the Terms of Use is found to be illegal, void or unenforceable for any reason, that provision shall be deleted from the Terms of Use and its deletion shall not affect the legality and validity of the remaining Terms of Use. In such a case, another similar provision shall be deemed to be enforceable in place of the deleted or removed provision.
    7.4. The Terms (as defined above) constitute the entire agreement between the User and the Operator with regard to the manner of use of the Site and supersede any other understanding and/or agreement, oral or written, on these matters.