Terms of Use and Purchase

Terms of Use and Purchase

You have arrived at the Terms of Use and Purchase page for the ya jewelry website, operated by ya jewelry (hereinafter: the "Business" and the "Website," respectively).

This document details the binding terms for using the website (which apply to all users and browsers of the site), as well as the terms for purchasing products on the site.

In addition, you must review the Privacy Policy separately; a link to the Privacy Policy can be found in the footer area of the website, which can be reached by scrolling to the bottom of the main page.

The website was established and is managed by the Business. The Business is located in the city of Qalansawe and can be contacted via email:

Yajewelry8@gmail.com

. The terms of use are written in the masculine gender for convenience only but refer to all genders equally and without distinction.

  1. General:

  1. Use of the website and the information contained therein – as well as any purchase made through the website – are subject to the terms of use. Therefore, please read this document carefully, as these terms cannot be changed. Consequently, use of the website and the information – as well as making a purchase through the website – indicates agreement to the terms of use and purchase. If anything is not acceptable to you, you must not use the website at all.

  2. Website users undertake to act in accordance with the terms of use, which apply to all types of use. As these are dynamic matters, the Business may change the terms of use, and it is recommended to stay updated. In any event, if the terms of use and purchase are changed, notice will be provided in advance.

  3. The act of using the website – as well as purchasing products – is a declaration by the user that they have read, understood, and agreed to these terms of use. The terms of use constitute a binding agreement between the user and the Business.

  4. These terms apply to the use of the website and the services contained therein through any computer or other communication device (e.g., mobile phones, various tablets, etc.), and they also apply to the use of the website via the internet or any other communication medium.

  5. Nothing in these terms of use shall derogate from the provisions of the Consumer Protection Law, 5741-1981 (hereinafter: the "Consumer Protection Law") and the regulations enacted thereunder, insofar as they apply to the website, except in cases where it is permitted to stipulate otherwise regarding the provisions of said Consumer Protection Law and such a stipulation has been made within the website, whether explicitly or implicitly.

  6. The Business makes its best efforts to display the most complete and comprehensive information regarding each product, including product images. Despite the aforementioned, it is clarified that inaccuracies, errors, or omissions regarding the products sold may appear on the website. Users understand and accept this. Accordingly, the Business shall not bear any responsibility resulting from non-material inaccuracies.

  7. Product images on the website are for illustrative purposes only. There may be non-material differences in appearance, shade, size, etc., between the product as displayed on the website and the actual product.

  8. The date recorded in the Business's computers for any purpose shall be the determining date for all matters.

  1. Registration and General Terms:

  1. Anyone wishing to place an order through the website – including anyone who performs or has performed an actual order and holds a valid credit card issued by one of the recognized credit card companies – shall be referred to for convenience as the "Orderer."

  2. The website offers jewelry and bags for sale.

  3. The products are manufactured in China; it is important to note that the Business is not the manufacturer of the products, but rather an intermediary between the manufacturer and the Orderer.

  4. In order to order products, you must follow the instructions on the website, enter the Orderer's details, and make a purchase as a guest. If website registration is available, you may also add: It is also possible to register for the Business website by clicking the "Login" button on the site, by entering an email address for verification and receiving an identification code. From that moment, the Business website will recognize the Orderer. *It is recommended not to do this without specific legal advice

  5. Any person or entity, including a corporation, may use the website and make purchases through the website, provided they are competent to perform binding legal actions.

  6. The Orderer's details shall be updated according to the data entered by the Orderer in the online registration form found on the website at the time of purchase.

  7. For the purpose of supplying the products and fulfilling its obligations, the Business may require additional identification details.

  8. Without derogating from the above, the Business may prevent any person from using the website, temporarily or permanently, at its sole discretion and without prior notice, in any of the following cases: (a) Committing an illegal act or violating the law; (b) Violating any of these terms of use; (c) Intentionally providing incorrect details; (d) Performing an action that could harm the proper operation of the website, its suppliers, or any third party; (e) The credit card provided by the Orderer has been blocked or restricted for use in any way.

  1. Ordering and Purchasing Products:

  1. The website allows its customers to purchase products conveniently, easily, and safely through an online store on the internet.

  2. Products may be purchased on the website at any time, until stocks run out or at the sole discretion of the Business.

  3. Product purchases shall be made by adding items to the shopping cart. After adding items, the Orderer will enter their details in the designated online form as follows: first name, last name, phone number, and email address. Additionally, the recipient's details must be provided – first name, last name, phone number, city, street, house number, floor, apartment, entrance, and any other identifying detail that can assist the delivery person in easily locating the property where the order is being delivered; including notes and information regarding the delivery process or if the recipient is not at home. It is mandatory to fill in the fields marked with an asterisk; otherwise, the order cannot be completed.

  4. To prevent any possibility of delivery errors, the Orderer must provide accurate and correct details. Providing accurate details is a prerequisite for placing the order.

  5. Upon completing the purchase, the Orderer will confirm the order details and the accuracy of the information provided, thus completing the order (hereinafter: the "Order"). Upon receipt of the Order and only after confirmation by the credit card company – and provided that the products ordered are in stock – the order will be processed for preparation and shipping. The details as entered in the order form shall serve as absolute evidence of their accuracy. Accordingly, the Orderer shall have no claim, demand, complaint, or request related to the supply of products if the reason is related to incorrect details provided by them.

  6. All product prices on the website include legal VAT.

  7. The Business reserves the right to stop marketing and selling any product at any time, as well as to change the price of any product at its sole discretion.

  8. After the payment details have been entered in the online order form, an email confirmation will be sent to the Orderer confirming receipt of the order details. It is clarified that this confirmation does not obligate the Business to supply the ordered products, and it only indicates that the order details have been received by the system.

  1. Payment:

  1. Payment for products shall be made via a valid credit card or in another manner if agreed upon between the parties in writing.

  2. If the Orderer chooses to use a credit card for payment, they will be asked to provide credit card details, ID number, card type, expiration date, and security code. Please note that these details are not saved and are not accessible to the Business, but are transmitted through an external provider named PayPlus.

  3. The Business reserves the right to stop using any payment method on the website, to permit the use of other or additional payment methods, and to apply different payment arrangements to different types of credit cards or any other payment method that the website management may honor.

  4. Immediately after placing the order, a check of the payment method provided by the Orderer will be conducted, and the Orderer will be notified accordingly that the order has been approved and their account will be charged for the cost of the products. The aforementioned check is carried out by an external provider as detailed in section 26 above.

  5. If the transaction is not approved by the credit card company or any other payment method used at the time, the Orderer will be notified accordingly, and the transaction will be canceled.

  6. Confirmation of the purchase transaction is conditional upon the purchased product being in stock at the time of delivery or at the time of the order. If the item is actually out of stock and it was not noted that the product was unavailable and the product was not removed from availability on the website by the time the order was placed, the Business undertakes to return any amount paid (if paid) to the customer or to cancel the charge made for the purchase. It is clarified: the Orderer shall have no claim in this regard, subject to the refund of the amount paid by them.

  7. If the Orderer was charged in error by the credit card company, the Orderer must notify the Business so that a refund can be processed accordingly.

  1. Supply and Transport of Products:

  1. Shipping is performed by external providers who are paid a fee for their work, as detailed on the order page. The Business will do everything necessary to assist in this matter, but it is important to emphasize that the Business does not perform the shipping itself.

  2. It is important to fill in accurate and up-to-date details for shipping. If the ordered products are returned to the Business due to the provision of incorrect details or unavailability to receive the order, an additional charge for handling and shipping fees will be applied.

  3. The Business will do its best to ensure that the product is delivered to the Orderer within 14 business days from the day of completing the order and its approval by the credit card company (any exceptions regarding shipping policy should be noted here).

  4. Shipping fees will be paid together with the payment for the product. However, it is clear to the Orderer that these are two separate transactions: a product purchase transaction and a product shipping transaction. In the case of installment payments via credit card, the Business may collect the payment for shipping with the first payment charge.

  5. The Business is not responsible for any delay in the delivery of products if caused by any of the following reasons: force majeure, war, military operation, emergency operation, natural disaster, or events beyond the Business's control such as strikes and lockouts in the economy or at suppliers required for the production, supply, and transport of products; including any reason directly related to the courier company.

  1. Cancellation and Refund Policy and Stock Display Errors:

  1. Cancellation and Refund Policy (Important to emphasize: there is a difference between different products; there is a difference between custom-made products, generic products, cosmetics, or dietary supplements. The policy detailed here applies to generic products that can be returned in their packaging without being used, returned to stock, and sold again): You may cancel the order in accordance with the Consumer Protection Law within 14 days of receiving the product, as long as the product is in its original packaging and has not been used. A cancellation notice shall be sent by the Orderer in writing to the email address Yajewelry8@gmail.com. In addition, you may use the transaction cancellation form found in the footer of the website. Receiving a credit or refund in connection with the cancellation notice is conditional upon the product being returned to the Business's address – at the Orderer's expense – within 14 days, without being used, and in its original packaging only. Given a valid cancellation notice and the return of the product in accordance with the cancellation and refund policy, the amount paid (via credit card refund) will be returned to the Orderer, minus a legal cancellation fee (5% of the product cost or 100 NIS, whichever is lower).

  2. Important to clarify: Once the order has been dispatched and sent for shipping, the shipment itself cannot be canceled. A customer wishing to cancel the transaction after the order has been shipped will need to wait to receive the product and return it in accordance with the website's cancellation and refund policy. After receiving the product at the Business and verifying that it has been returned unused, in its original packaging, and in good condition, the refund will be processed in accordance with the cancellation policy and legal requirements.

  3. Important to note: Shipping fees are not part of the product cost; therefore, they will not be refunded to an Orderer requesting to cancel a transaction under the cancellation policy.

  4. Transaction cancellation by the Business: The Business may, for no special reason and at any time, cancel or stop a transaction or sale or cancel an order, in whole or in part (including the activity of the entire website). The Orderer acknowledges and accepts this. Notice of cancellation or termination of a transaction under this section will be given to the user or Orderer, and the Business will refrain from charging the credit card or will act to refund any amount paid for a product that was not supplied, if paid.

  5. Stock display error: If it turns out that a product is out of stock without an update on the website, the Business may cancel the order and refund the payment, or offer the Orderer an alternative product of equal value of their choice. Beyond this, the Orderer understands that such errors may happen, especially when technology is involved in displaying stock and product availability. Therefore, the Orderer has no right to make any claim regarding a stock display error, and the Business has no responsibility for any direct, indirect, consequential, or special damage caused as a result of a stock display error.

  1. Intellectual Property:

  1. All intellectual property rights on the website are the exclusive property of the Business or property that the Business is permitted to use. Intellectual property rights, including copyrights, designs, industrial designs, and trade secrets, are the property of the Business alone or of other third parties who have given their consent for their use. These rights apply, among other things, to the data on the website, including the list of products, product descriptions and designs, any text or creative work, the website name, and the domain name yajewelry.com, and the trademarks (whether actually registered or not). All are the property of the Business, and no use may be made of them without obtaining prior written consent.

  2. More broadly, it is emphasized that it is prohibited to copy, duplicate, distribute, publish, create derivative works, or use in any other way any information from the website, unless prior written consent has been granted by the Business. Any violation shall entitle the Business to agreed-upon compensation in accordance with the statutory compensation ceiling set forth in the Copyright Law, 5768-2007.

  1. Customer Service:

  1. The Business operates customer service for the optimal experience of its customers. To streamline operations, customer service is generally provided via WhatsApp. For any question or inquiry regarding the purchased product, customer service will be provided Sunday-Thursday between 9:00 AM and 4:00 PM. It is emphasized that the Business does not provide customer service on holiday eves and Jewish holidays.

  1. Warranty and Service:

  1. The Business is responsible for its products, but no claim shall be raised regarding product quality that is not a claim concerning a material non-conformity or material defect caused by the Business.

  2. The Business is not responsible for damage caused as a result of unreasonable or careless use of the product (if there are special instructions, this is the place to note them).

  3. Upon receipt of the products, the Orderer undertakes to inspect them immediately. For any claim of a defect or non-conformity in the product, the Orderer undertakes to contact the Business as soon as possible, and no later than 48 hours from the moment of receipt of the products.

  4. In the event of a claim of a defect or non-conformity (regarding material matters as aforementioned), the Business reserves the right to require the Orderer to prove that they are the original purchaser of the product.

  5. Given a defect or non-conformity that has been proven as such, the Business will repair or replace the product, at its discretion. It is emphasized that the only right granted to the Orderer in the event of such a defect or non-conformity is repair or replacement. This is the clear limit of liability, and no contradictory claim shall be raised in this regard. In any event, the total liability of the Business with respect to any defective product or product discovered to have a non-conformity shall in no way exceed the purchase price of the product.

  1. Data Security and Privacy:

The Business takes accepted precautions to maintain, as much as possible, the privacy of its users and the confidentiality of the information provided to it. Please review the Business's Privacy Policy, which is accessible for viewing in the website's footer, which can be accessed by scrolling to the bottom of the website's main page.

  1. Law and Jurisdiction:

The interpretation and enforcement of these Terms of Use, or any action or dispute arising therefrom, shall be governed exclusively by the laws of the State of Israel; and the rules of local and subject-matter jurisdiction shall be determined in accordance with Israeli law.