Terms of service

Introduction

1. Welcome to the BlairTLV website. The website is an e-commerce site that allows, among other things, the purchase of jewelry and/or additional products (hereinafter: "the Website" or "the Service"). Use of the Website is subject to the Terms of Use detailed below (hereinafter: "the Terms of Use"), to the Privacy Policy, and subject to any law. Use of the Website constitutes your express agreement (hereinafter: "the User" or "the Customer") to such terms. Wherever the Terms of Use refer to "the Website," the reference shall also include the Instagram page Blair.TLV.

2. Use of the Website and the services offered on it is for lawful purposes only and is permitted only to users who are over the age of 18 and who are competent to perform legally binding actions, or to lawfully incorporated entities.

3. In the Terms of Use and in all texts appearing on the Website, the singular shall also mean the plural and vice versa, and the masculine shall also mean the feminine and vice versa, all according to context. The Terms of Use are formulated in the masculine for convenience purposes only and do not constitute any offense and/or discrimination of any kind.

4. The purpose of the Terms of Use is to clarify the relationship between the operator of the Website, Shilo Amar (hereinafter: "the Operator"), and any person or entity entering the Website or using the Operator's services, and to establish the terms of use of the Website and the Operator's services. Before performing any action on the Website, you are requested to carefully read the Terms of Use, including the Privacy Policy. If you do not agree to all of the Terms of Use, you are requested to refrain from any use of the Website. Use of the Website constitutes the User's agreement to these provisions and terms and the User's undertaking to act in accordance with them. The Operator reserves the right to terminate your use of the Website if you do not comply with one or more of the Terms of Use.

5. The Terms of Use shall apply to any viewing and/or use of the Website, including the information, content, and services appearing on it or in links to other sources of information included in it or through it, as well as to any submission of information, and they constitute the legal basis for any engagement or action taken within this framework. It is clarified that the Terms of Use apply to any viewing and/or use of the Website, whether through a computer or through another communication device (such as a cellular phone, handheld computer, etc.), whether through the Internet or through any other network or means of communication.

6. These Terms of Use constitute the entire agreement between the parties and supersede any agreement, offer, or representation made, in writing or orally, regarding the subject matter. In any case of contradiction and/or inconsistency of any kind between the content of the Website and the provisions of the Terms of Use, the provisions of the Terms of Use shall prevail and apply. The Operator reserves the right to update the Terms of Use from time to time, at its sole discretion and without the need for any prior notice. The binding and authoritative version of the Terms of Use is the version published on the Website at the time you use the Website. Responsibility for staying updated on such changes lies with the User, by accessing these Terms of Use from time to time. Use of the Service at any time constitutes agreement to the updated and amended terms as they stand at that time.

7. The Operator may at any time change or discontinue the operation of the Website in whole or in part, as well as correct or change its nature, all at its sole discretion and without any need for prior notice. Access to and use of the Website is currently free of charge; however, the Operator reserves the right, at any stage and at its sole discretion, to determine that use of the Website and the Service, whether in whole or in parts thereof, will be subject to payment, and also reserves the right to integrate additional components in the Website that may be subject to payment by the User.

8. The Website is active around the clock and every day of the week, and it can be used, including for the purchase of products, at any time. However, the Website may be down due to malfunctions that may occur at any time and/or due to various maintenance work and/or for other reasons, and the User shall have no claims against the Operator on account of this.

9. For any question, clarification, comment, or issue related to the Service, you may contact the Operator via chat or via the customer service email on the Website Sunday through Thursday between 09:00 and 19:00, or via email at support@BlairTLV.com, via the Instagram page Blair.TLV during the hours specified above, or in any other manner appearing on the Website. It is hereby clarified that there may be changes to the contact details specified above and to the Operator's availability times, at the Operator's sole discretion and without prior notice.

Definitions

1. In these Terms of Use, the following terms shall have the meanings set forth alongside them:

  • "the Content" – the Website, information about products, the online pages included therein, the classification, arrangement, and display of the information, and any other form of illustration included therein, in mailings and in text messages.
  • "the Service" – the Website, including accompanying instructions and guidelines, the products appearing on the Website and offered for sale; articles or information provided within its framework and other related services, accompanying personal support services, if and to the extent provided, and any change and/or correction of the foregoing as may be made by the Operator from time to time at its sole discretion.
  • "You," "User," and "Users" – including individuals and entities authorized by the Operator to use the Service, as well as your employees, consultants, contractors, and agents and/or third parties with whom you do business.
  • "Products" – means all products appearing on the Website, as applicable.
  • "Your data" – means all electronic data and/or information sent by you and/or collected by the Operator during the use of the Website.

Purchasing Products on the Website, Placing Orders, Payment, Product Supply, and Shipping

1. The Operator takes care to ensure that all details, descriptions, and product images appearing on the Website are accurate. However, the appearance of the product as displayed on your device's screen may differ from its actual appearance due to differences arising, among other things, from display settings, browser type, and the screen quality of your device. It is clarified that the product images appearing on the Website are for illustration purposes only unless otherwise indicated, and do not bind the Operator in any way.

2. The prices appearing on the Website are the prevailing prices for any purchase of products made through the Website. Product prices on the Website are not necessarily identical to product prices in any other place, including, but not limited to, the Operator's physical stores or the Operator's business pages on social networks.

3. Promotions applicable to products on the Website do not apply to the purchase of a gift card.

4. Coupons and/or promotions on the Website cannot be combined. It is not possible to make a purchase with more than one coupon. It is not possible to purchase a discounted product or a gift card with a coupon. The Operator shall be entitled to limit the quantity of all types of products and/or the number of products that may be ordered within a given order.

5. When placing an order on the Website, the Customer will be required to fill in his personal details, payment details, and mailing address details, as requested in the order form on the Website (hereinafter: "the Order Form"). Filling in all the details is a precondition for placing the order. The Operator undertakes that it and/or anyone on its behalf will not make any use of the User's details, except in accordance with the Operator's Privacy Policy, which constitutes an integral part of these Terms of Use.

6. The User shall provide all the required details on the Website accurately. The User hereby declares that he is aware that the Operator is not responsible for the non-arrival of the product to the customer if the User entered incorrect or missing details. In the event that the products are returned to the company due to incorrect or missing details, the User will be charged an additional fee for shipping and handling.

7. The User can change the delivery destination details permanently saved under his user account, but the last destination he updates for delivery of the product is the one that will be saved in the Operator's systems as the destination for product delivery, and to the extent that the User does not change it, in the subsequent order the Operator will send the product to the last delivery destination updated in its systems. A change in the delivery destination details entered by the User after a specific order has been placed will be valid only with respect to the next order.

8. Product prices on the Website and product supply costs will be updated on the Website from time to time, at the sole discretion of the Operator and subject to changes in costs that will be charged by the service providers with which it has engaged, and without the need for prior notice. The price applicable to the order placed by the User is the price published at the time the order process is completed (which includes the submission of credit card details) and as will be indicated in the Operator's confirmation that will be sent to the customer regarding the receipt of the order details. To the extent that prices are updated before the order process is completed by the User, the User will be charged according to the updated prices, in accordance with the final price that will appear before the User's confirmation of the order.

9. Ordering products will involve a shipping fee at the price appearing on the Website, which is in addition to the total cost of the order for the products. The Operator reserves the right to update the shipping fee from time to time at its sole discretion or to cancel it without prior notice. The final price will include both the product price and the cost of supplying the product in accordance with the User's choice.

10. The User shall pay for the order using the payment methods available at the time of placing the order on the Website. Payment on the Website may be made by credit card subject to approval by the credit card company, or in any other manner as may be determined from time to time by the Operator. It is clarified that the Operator is entitled to change the methods and/or means of payment and/or the methods of placing the order on the Website at any time at its sole discretion and without prior notice.

11. The Customer hereby agrees that the invoice for the purchase made will be sent to him electronically as a digital invoice.

12. The manner of packaging the products will be at the Operator's discretion, and the Customer shall have no claim against the Operator on account of this.

13. The supply of products purchased on the Website and for which full consideration has been paid may be carried out by shipment. The shipping areas shall be as determined by the Operator as detailed on the Website. The Operator is entitled to change the methods of supply and/or the pickup points and/or the shipping areas from time to time at its sole discretion and without prior notice.

14. The product supply times indicated on the Website refer to the business days of the courier company used by the Operator at the time of the product purchase (not including Fridays and Saturdays, holiday eves, and holidays). An order placed on the Website after 14:00 will be considered, for purposes of the supply date, as an order placed on the following business day.

15. There may be delays in the supply date due to reasons that are not dependent on the Website operator and are beyond its control, including, but not limited to, force majeure, a sensitive security situation in the shipping area, extreme weather, natural disasters (earthquake, flood, etc.), other hazards (such as: fire, road closures, partial or full lockdown or partial or full shutdown of the economy due to an epidemic or due to fear of its outbreak, security situation, etc.), customs delays, delays in Israel Post, and delays arising from strikes or orders of a governmental authority on account of which the shipment cannot be temporarily supplied, and the Customer shall have no claims against the Operator on account of such delay. It is clarified that such delay shall not exempt the Customer from paying for his order. For purposes of this section, it is clarified that the Website operator has sole discretion regarding the manner of shipment and supply of the order to the customer, including engagement with third parties. A request or demand to change the consideration for the engagement on the part of the third parties in a manner that would render the transaction loss-making and devoid of economic logic for the Website operator shall constitute a reason that is not dependent on the Website operator in accordance with the provisions of this section.

Order Changes and Cancellations, Transaction Cancellation, and Return of Products

1. The Customer may cancel his order and/or return the products that have reached him, in accordance with the Operator's product return and transaction cancellation policy detailed here, which is subject to the provisions of the Consumer Protection Law, 5741-1981.

2. The Customer is requested to check the contents of the order sent to him and its conformity both with the order and with the invoice (the digital one and/or the one attached to the shipment). For any question or inquiry about the order supplied, the Customer is requested to contact the Operator's customer service center or by email within 24 hours of the time of supply.

3. A Customer who wishes to cancel or change an order that has not yet been received by him shall contact the Operator and notify of his desire to cancel or change the order as soon as possible. Such cancellation will be possible to the extent that the order has not yet been shipped to the Customer. In such a case, after receipt of the cancellation notice, the Operator will refund the Customer's money for the order; however, it shall be entitled, at its discretion and subject to the provisions of the law, to charge a cancellation fee of up to 5% of the value of the product whose order was cancelled, or ₪100, whichever is lower.

4. Soon after receiving the products, the Customer shall check that the products he received conform to the order details as placed by him. To the extent that there is a discrepancy between the products ordered and the products actually received (for example, the quantity of a particular product does not match the quantity ordered), the Customer shall immediately notify the Operator of such discrepancy.

5. Contact with the Operator may be made in one of the following ways:

  • By email: to the address support@BlairTLV.com
  • On the Website: at the dedicated link on the home page of the Website under the heading "Transaction Cancellation".

In the cancellation notice, the Customer shall specify his full name and ID number.

6. Transaction cancellation and the return of products on account thereof may be carried out within a period of up to 14 days from the date of receipt of the order document containing the transaction details, or from the date of receipt of the product, whichever is later. In order to cancel the transaction, the Customer shall contact the Operator and notify of his desire to cancel the transaction.

7. After receipt of the Customer's cancellation notice and to the extent that it is made within the said time frame, the Operator will coordinate with the Customer the manner of returning the product. It is clarified that it is the Customer's responsibility to arrange for the return of the products to the Operator and that such return of the products shall be at the Customer's expense.

8. When the Customer is a person with a disability, a senior citizen, or a new immigrant, as defined in the Consumer Protection Law, and the engagement in the transaction included a conversation between the Operator and the Customer (including a conversation via electronic communication), the period during which the transaction may be cancelled shall be 4 months (and not 14 days) from the date the transaction was made, from the date the product was received, or from the date the order document containing the transaction details was received, whichever is later.

9. Without derogating from the foregoing, it is clarified that it is not possible to return a product that was made-to-order and/or personalized for the Customer, to the extent that this option exists or will exist with the Operator, unless the product is defective, and subject to the Liability for Defective Products Law, 5740-1980.

Liability and Disclaimer of Liability

1. The Operator and/or anyone on its behalf shall not be responsible and shall not bear any direct, indirect, consequential, or special damages, including loss of income and/or prevention of profit, that shall be caused for any reason whatsoever, to the User, the visitor, the customer, the Customer, and/or a third party, as a result of browsing the Website or placing an order or registering a person as a user, not in accordance with these Terms of Use.

2. The Operator undertakes to do its utmost to ensure that the information presented on the Website is the most complete and accurate information; however, it is clarified that inaccuracies or errors may, in good faith, appear in it, and the Operator shall not bear any responsibility arising from them or related to them, including the following:

3. If a clerical error of any kind has occurred in the description of the product, this shall not bind the Operator and/or anyone on its behalf.

4. In any event, the Operator shall not bear any liability exceeding the value of the product purchased, nor for any non-direct damage and/or consequential damage.

5. The Operator and anyone on its behalf undertake to do their utmost to supply the products by the date specified in the Terms of Use and/or during the order; however, as stated, the Operator and/or anyone on its behalf shall not be responsible for delays in the supply of the products, among other things as a result of events beyond their control, such as malfunctions, delays, strikes, natural disasters, malfunctions in the computer system or in the telephone systems that interfere with the completion of the purchase process, or malfunctions in the email service.

6. The Operator shall be entitled to offer promotions, benefits, and discounts on the Website (hereinafter: "the Promotions"), both to all of its customers and to its registered users only. The Operator shall be entitled at any time to discontinue the Promotions, to replace them, or to change them, without the need to give any prior notice.

7. The Operator makes every effort to provide its customers with proper, high-quality service. However, the Operator does not undertake that the service on the Website will not be interrupted, will be provided in an orderly manner or without interruptions, will take place securely and without errors, and will be immune from unauthorized access to the Website management's computers, damages, faults, malfunctions, or failures – including malfunctions in hardware, software, or in the communication lines to the Website – at the Website management or at any of its suppliers.

8. The inventory of products on the Website changes frequently, and therefore there may be shortages in some of the products appearing on the Website. In the event of a shortage of a particular item in inventory, the Customer will not be charged for his order for the product that was out of stock.

9. It is clarified that the Operator is not the manufacturer of the products offered on the Website, and accordingly it does not provide a warranty for the products, but only in accordance with the law and subject to what is stated in these Terms of Use. The sole responsibility for products that are manufactured by third parties, including any information or representation made on the Website regarding the nature of the products, including the names of the manufacturers, the quality of the products, the characteristics of the products, the images of the products, etc., rests with the manufacturers and/or importers and/or distributors of the products.

10. It is the User's responsibility to read the instructions for use of every product he has ordered, including, but not limited to, instructions regarding the cleaning, storage, and preservation of the products, and the Operator shall not be responsible for any defect caused to the product as a result of use not in accordance with such instructions.

11. For the avoidance of doubt, it is clarified that the Operator does not provide any warranty for jewelry purchased on the Website, including for jewelry that has been torn or broken apart, plating that has faded or blackened for any reason, or any change that has occurred in the jewelry. Likewise, the Operator does not provide any warranty for damaged stone settings.

12. The Operator does not undertake that the links (as well as hyperlinks or banners) on the Website, to the extent that these appear, will be functional and/or will lead to an active website. The presence of a link to a particular website on the Website does not mean that the content of that website is reliable and/or complete and/or current, and the Operator has no control over such content, and therefore the Operator shall not bear any responsibility in this regard.

13. The Operator is not responsible for any damage caused to the Customer as a result of a purchase on the Website not by the Operator, including, but not limited to, cases in which the purchase and the payment for it are made without the consent or knowledge of the Customer, or incorrect typing of the address for delivery of the order; as well as cases of a communication malfunction due to an act and/or omission of communication providers.

14. The Website contains content relating, among other things, to the Operator's fields of activity. It is clarified that the Operator shall have no responsibility for any use of any other content appearing on the Website.

Sending Advertising Material and Direct Mailing

1. The Operator may offer Website users to join its mailing list in order to offer them and inform them about sales promotions on the Website, publications, updates, personal benefits, and other notifications that may update users regarding its various activities and services, including via email messages and text messages (hereinafter: "Direct Mailing"). The provisions regarding Direct Mailing are subject to the provisions of the law, including the provisions of the Communications Law (Telecommunications and Broadcasting), 5742-1982.

2. By providing his details, the User grants the Operator authorization to send advertising material to the addresses he provided. The User may stop receiving advertising material from the Operator at any time by sending an email to the Operator's address: support@BlairTLV.com in which he shall specify his details and his desire to stop receiving advertising material from it.

Intellectual Property

1. All intellectual property rights, including moral rights, economic rights, copyrights, trademarks, trade names, patents, designs, trade secrets, and any other right with respect to the Website, including, but not limited to, the content, design, editing, and the manner of display and editing of the information appearing on the Website and the Website itself, are reserved exclusively to the Operator.

2. Without derogating from the foregoing, the Website, the online pages included therein, the classification, arrangement, and display of the information, the advertisements, and the mailings sent by the Operator, including the classification, arrangement, and display of the information and advertisements appearing therein and any other form of illustration included on the Website and in the said mailings, are the sole property of the Operator.

3. The content of the Website, in whole or in part, may not be copied and/or reproduced and/or duplicated and/or used to prepare derivative works and/or modified and/or adapted for purposes of distribution, publication, display, performance, transmission, broadcasting, making available to the public, sale, and/or any other action without obtaining prior written approval from the Operator.

4. The information and the Service are offered to the User as they are, AS-IS, that is, without any possibility of intervention or change on the part of any user and for private purposes only. It is hereby clarified that it is prohibited to use the Website and/or its content, in whole or in part, for commercial purposes or for the purpose of copying, correcting, modifying, reproducing, broadcasting, displaying, publishing, transmitting, selling, or distributing in any manner whatsoever by any user, without the prior written consent of the company. The User agrees and acknowledges that the Operator, its employees, its officers, its shareholders, or anyone on their behalf shall not be responsible for any damage, direct or indirect, that shall be caused to the User and/or to a third party related to the User on account of use that the User made of the information and/or on account of the User's reliance on information presented on the Website.

5. Ownership and intellectual property rights in the content of third parties, including images that appear on the Website, are the property of the owners of the content, and may be subject to terms of use of third parties who have granted the Operator a lawful license with respect to such content. The Operator does not claim ownership rights and does not assume responsibility arising from ownership with respect to any content of this kind displayed on the Website.

6. The Operator respects the rights of third parties and takes the necessary steps in order not to infringe any of their rights. To the extent that a third party's rights have been infringed in good faith, infringement of intellectual property rights may be reported to the Operator by email: support@BlairTLV.com.

Privacy Policy

1. The Operator respects the privacy of the users of the Website.

General, Jurisdiction, and Notices

1. These Terms of Use, including the Privacy Policy, constitute the entirety of what has been agreed between the parties and supersede any agreement, offer, or representation made in the past, in writing or orally, regarding the subject matter. No change, correction, or waiver of any provision of this agreement shall be valid, unless made in writing and signed or approved electronically by the party against whom such change, correction, or waiver is claimed.

2. The cancellation/limitation of a provision/provisions from the provisions contained in these Terms of Use, or of any part thereof, by a court of law shall not affect the validity of the remaining provisions, and in any case nothing in these Terms of Use shall derogate from any right granted to the Operator under any law.

3. These Terms of Use shall be governed exclusively by the laws of the State of Israel. The exclusive place of jurisdiction for any matter regarding these Terms of Use and the use shall be the competent courts in the city of Tel Aviv-Yafo only.