Terms and conditions
- Welcome to the website (www.DariaBikinis.com) (hereinafter: the “Site”) of Daria Mak Company Company 209264514 (hereinafter: the “Site Operator”).
- These regulations are written in the masculine form only for convenience and should be considered as referring to the feminine language as well.
- The titles of the sections were given for convenience and should not be learned from them to interpret these regulations.
- The provisions of these terms and conditions will apply to any use of the site. Browsing and/or any action on the site, including placing an order, constitutes consent to accept and act by the regulations.
- The site operator reserves the right to change the regulations from time to time at its sole discretion, without the need to give notice and/or prior notice.
- The user agrees that the company’s computer records regarding the actions carried out through the site will constitute prima facie evidence of the correctness of the actions.
- The use of the Site and its contents is “as is”, that is, without any possibility of intervention or change by any user and for private purposes only. It is strictly forbidden to use the Site and/or its content, in whole or in part, for commercial purposes. The Content may not be used in whole or in part for copying, modifying, modifying, reproducing, transmitting, displaying, publishing, transmitting, selling, or distributing in any way by any user, without the prior written consent of the Site Operator.
The right/eligibility to make purchases on the site!.!.!. 9. Any user who meets the cumulative conditions specified below may make purchases on the site: !.!.! 9.1. The user is qualified to perform binding legal actions, including the user declaring that he is 18 years old or older.
9.2. The user is the owner of a valid credit card that was duly issued by one of the credit card companies also active in Israel or has received the voluntary consent of the holder of such a credit card to make use of it.
- The site operator reserves the right to prevent access to purchases and/or cancel purchases of users whose behavior is inappropriate or not under the rules of participation specified in these regulations, or who try to harm the proper management of the site.
Registration to the site and purchase the products through the site!.!.!. 11. The site operator will allow a user who meets the conditions of section 9 above (hereinafter: “the customer”) to purchase products through the site (hereinafter: “order”).
- To place an order for one or more products, the customer must first select the product including size, color, and quantity.
- For reasons of information security and protection of customer privacy, the payment method data will not be fully stored (only the last four digits of the payment method) in the company’s database and will only be used for the specific order.
- After the site operator receives confirmation from the credit card company in respect of the order, and the site operator has verified that the item is in stock, the site operator will send the customer an e-mail to the address entered when filling out the order form on placing the order (hereinafter: “order confirmation”).
- The site operator may update the prices of the products on the site and the shipping rates from time to time and without the need for prior notice. The valid price in relation to the order made is the price on the website at the time of booking. If the prices were updated before the order was completed, the customer will be charged according to the updated prices.
- The site operator may offer promotions, benefits and discounts on the site and may at any time discontinue, replace or change these promotions, benefits and discounts, without the need to give any prior notice thereof.
It is clarified that the prices of the products may differ from the prices of the products sold in the company’s store. In any event, the Company does not guarantee that the prices of the products on the Site are the same or lower than the prices of the items in the Store and the prices on the Site should not be relied upon as if the Company undertook to offer them at the same or discounted price.
Dates of delivery, transportation and delivery!.!.!. 17. The site operator will deliver a product only after receiving full payment for it, to the address that the customer provided at the time of ordering. When the shipping invitation is forwarded, an email will be sent to the user.
- The items will be shipped by registered mail – up to 21 business days | Express mail – 4-7 business days.
- For the avoidance of doubt, “business day” for the purposes of these regulations are Sunday to Thursday, not including holiday eves, holidays and sabbaticals.
- The shipping fee will be added to the price of the items indicated on the site. Shipping charges will be charged for delivery to one destination, even if more than one item was ordered.
- The site operator will provide the customer with the items through an independent shipping company. In accordance with the foregoing, the shipping company’s regulations and shipping policy will apply to the supply of products and will be binding on the customer.
- Without derogating from the generality of the foregoing, the site operator will determine, at its sole discretion, the destinations of delivery of the items in Israel and outside the territory of Israel, and the delivery times will be subject to the shipping company with which the site operator will contract and will charge the customer accordingly.
- With regard to orders within the State of Israel, the distribution areas will be determined at the sole discretion of the site operator and/or shipping company with which it chooses to work. In the case of distant communities – the Arava, Eilat and communities in the Golan Heights and/or areas restricted from a security point of view and/or additional localities to which the shipping company does not reach, the order will be sent individually and will be coordinated with the customer for an additional fee as required (the customer will be updated with the rate upon placing the order).
- The site operator is not responsible for any act and/or omission of the shipping company, and will not compensate the customer for delays of the shipping companies.
- Without derogating from the aforesaid, the customer agrees that the site operator will not be responsible for the delay in the supply of the product due to events beyond its control, such as a strike or downtime, malfunctions in the communications systems, telephony and / or computing, hostile actions and / or force majeure, such as war, strike, terrorist attacks, natural disasters, etc!.!.!.
Cancellation policy!.!.!. A customer who has placed an order may cancel the transaction in accordance with the provisions of the Consumer Protection Law, 5741-1981 (hereinafter: “the Consumer Protection Law”) and the Consumer Protection Regulations (Cancellation of a Transaction) 5771-2010, the main points of which will be presented below.
- Cancellation of an order by a customer before receiving it from the customer: !.!.! 26.1. Up to 24 hours from the moment of placing the order (and insofar as the order has not yet been shipped), the customer may cancel the order, in whole or in part, by means of a written notice (including by email) to the customer service of the site operator as stated in section 27 above.
26.2. If the order is cancelled as stated in this section 28, an e-mail message will be sent to the customer confirming this, and the site operator will return to the customer, within 14 days of receiving the cancellation notice as stated in section 28.1 above, the amount paid by him at the time of placing the order.
26.3. The site operator will deduct from the amount paid at the time of booking, a cancellation fee of 5% of the reservation price or NIS 100, whichever is lower.
- Cancellation and replacement of products after receiving the order at the customer: !.!.! 27.1. Upon receipt of the products at the customer’s place, there will be no possibility of cancellation of the transaction, but an exchange in accordance with the guidelines of the Ministry of Health indicated below.
27.2. Ministry of Health guidelines regarding the return and replacement of swimwear: Underwear of swimwear – cannot be replaced. Upper parts of swimwear can be replaced, provided that the item is in good condition and has not been used at all, however it will not be possible to receive a monetary credit – but an identical item after exchanging the size and / or credit for use on the site for the amount paid by the user at the time of purchase.
27.3. For the avoidance of doubt, it is clarified that exchanging an order as stated in this section 29 will not be entitled to a refund of the shipping fees to the extent paid by him.
- Cancellation or replacement of a product as a result of a defect or incompatibility with the details appearing on the site: !.!.!. 28.1. The customer must check the items included in the order immediately upon receipt of the product.
28.2. If the customer received the product when it is defective, or when the product specifications differ from the specifications published on the site, the customer must contact the company’s customer service as stated in section 27 above, within 3 days of receiving the product.
28.3. Insofar as the Company decides, at its sole discretion, that the Product is defective, the Product will be replaced or a credit will be given for the use of the Site, at the customer’s choice.
- Replacement of products not due to defect!.!.!. 29.1. A customer who wishes to replace products received in an order that is not due to a defect as stated in section 29 above (for example, in cases where the size does not suit the customer), is requested to contact the company’s customer service as stated in section 27 above, in order to receive information on how he can perform the replacement of the product requiring replacement.
29.2. The replacement of products as stated in this section 31 shall be made within 14 days from the date of receipt of the order by the customer and provided that no use has been made of the products, in their original packaging and that the label / tag is still attached to the product, intact and / or without damage and / or damage and / or defect and / or spoilage of any kind.
29.3. It is clarified that the replacement of the product is in accordance with the company’s existing inventory of products and that it will not be possible to replace a product purchased as part of a sale.
Cancellation of an order by the site operator!.!.!. 30. In any case where the site operator is unable to manage the site as it has been repaired, to supply the products or to meet its other obligations under these regulations, the site operator may, at its sole discretion, cancel the customer’s order, and in such a case, a notice of cancellation of the order will be sent to the customer, and the consideration will be returned to the customer within 14 days of giving the notice, and the customer hereby waives any claim and / or demand and / or claim in the matter.
- It is hereby clarified that the provisions of the Consumer Protection Law, 5741-1981, which apply and are valid at the time of placing the order, are the binding provisions even if in these Regulations or on the website it is otherwise listed.
Warranty and service!.!.!. 32. The site operator and/or anyone on its behalf will not be responsible and will not bear any damage of any kind and type, direct, indirect, consequential or special, caused to the user and/or the customer and/or a third party, as a result of use and/or order through the site – whatever the cause of action – including loss of income and / or prevention of profit caused for any reason whatsoever.
- If there is a clerical error in the description of the color and/or in the appearance of the color, and/or in the way the color appears on the user’s screen, this will not obligate the site operator. The color catalog on the site is for illustration purposes only and there may be differences between the colors displayed on the site, some or all of them, and the colors actually sold.
- The images of the products on the site are for illustration purposes only, and do not obligate the site operator. It is clarified that there may be differences between the images and/or dimensions displayed on the Site, some or all of them, and the products actually sold, and the Customer hereby waives any claim and/or demand and/or claim in this regard.
- The site operator does everything in its power to ensure that the information presented on the site will be the most complete and accurate information, but it will be clarified that there may appear in it, in good faith, inaccuracies or errors that the site operator will not bear responsibility in connection with such inaccuracies or errors.
- It is agreed that the liability of the site operator in connection with any purchase, for any damage or expense, of any kind and type, whether the site operator anticipated them or not, whether the company could have anticipated them or not, is limited to the amount of the order as part of that purchase.
- Subject to any law, the site operator will not be liable for any damage of any kind, caused to the customer or anyone on his behalf, if any information entered by the customer during the order execution operation is lost or reaches any party other than the site operator and / or used without authorization.
- The site operator will not be responsible for any delay or delay in the delivery and/or non-delivery of an order, caused as a result of “force majeure” and/or events beyond the control of the site operator, including strikes, lockouts, natural disasters, unusual weather, etc., malfunctions in the computer system or telephone systems that will impair the completion of the purchase process or malfunctions in the e-mail service.
Termination of site activity!.!.!. The site operator reserves the right at any time, at its sole discretion, to stop the activity of the site and/or sales through it and the user will have no claim and/or suit against it.
- All intellectual property rights in the site, including the patents, copyrights, designs, methods and trade secrets, are the sole property of the site operator. These rights apply, inter alia, to the graphic design of the Company’s website, its databases (including product lists, product descriptions, etc.), the website’s computer code, internet address and any other detail related to its operation.
It is forbidden to copy, reproduce, distribute, sell, market and translate any information from the site (including trademarks, images, texts and computer code) without obtaining the express permission of the site operator in advance and in writing.
- It is forbidden to make any commercial use of the data published by the site operator, the database of the site operator, the lists of products appearing therein or other details published by the site operator without obtaining its prior written consent.
- Icons, any information and/or display appearing on the site, including graphics, design, verbal presentation, trademarks, logos and the editing and presentation of these, are the sole property of the site operator. Any use of this property of the site operator will be made in accordance with the provisions of these regulations only.
- It is forbidden to make any use of a trademark or design of a product or model that appears on the site or in photographs found on the site that are protected intellectual property, both by virtue of Israeli law and by virtue of international conventions to which the State of Israel has acceded.
Maintaining the confidentiality of the data and the privacy of the user!.!.!. 46. The provision of personal details in the order form (hereinafter: “the information”) is done according to the customer’s wishes and with his consent and the customer has no legal obligation to do so. Filling in the details indicates the customer’s consent to their delivery. The purpose of providing the personal information is to enable the company to deliver the order to the customer.
- The site operator undertakes not to make any use of the information without the customer’s permission unless this is required or permitted by law or to prevent misuse of the information. The site operator will allow access to the information only to those of its employees who need the information for the purpose of providing a service and to the distribution company.
- Any transfer of a credit card number from the site is done in an encrypted manner according to the PCI standard. The site operator uses a PCI system for clearing credit cards.
- It is possible that when browsing or performing actions on the site, the user’s actions will be recorded automatically and computerized, these details are used by the site operator for the purposes of control and managerial and marketing efficiency vis-à-vis the users of the site.
- Some of the services on the site may require registration. As part of the registration process, the customer will be required to choose a username and password that will identify the customer at the time of use. The site operator may from time to time determine additional or other means of identification. The client must keep the username and password confidential to prevent misuse of them.
- The site operator will not transfer to third parties the personal details of the customers and the information collected about their activity on the site except in the following cases: !.!.! 52.1. To the extent that this is necessary for the proper provision of the site’s services and for the purpose of realizing the purposes of using the information as set forth above;
- The site operator may provide and share anonymous, aggregate and statistical information with other companies or organizations related to the company as well as with suppliers, business partners, advertisers and any third party at its sole discretion, but it will not knowingly or intentionally disclose the identity of the customers to them without their explicit consent.
- The site operator uses tools such as Remarketing, AdWords, Google Analytics and PPC for advertising, data collection and improving the customer’s user experience. Among other things, the company receives services from the Facebook and Google companies for the purpose of displaying ads of the site on the Internet. The site operator may use, whether by itself or through third parties such as Google and/or Facebook, cookies for the ongoing and proper operation of the site, including to collect statistical data about the use of the site, to verify details, to adapt the site to the personal preferences of the customer and for information security purposes. Cookies are text files that the browser on the client’s computer creates according to a command from the company’s computers. Some cookies will expire when the customer closes the browser and others are stored on the hard drive of his computer. The cookies contain a variety of information such as the pages visited by the customer, the length of time the customer spent on the site, from where the customer came to the site, sections and information that the customer wants to see when entering the site and more. They are also used to obviate the need to enter the customer’s details each time he revisits sections of the site that require registration, if any. The information in the cookies is encrypted and the website operator takes precautions to ensure that only the company’s computers can read and understand the information stored on them.
- A customer who does not want cookies to be collected on his personal computer, can avoid this by changing the settings in the browser on his computer. To do this, please consult your browser’s help file. Please keep in mind that disabling cookies may result in some of the services and features on the Site or other websites not being available. In addition to this, you can delete the cookies on your computer at any time.
The site operator may permit third party companies to advertise on the site and/or manage the advertising system on the site.
- The site operator implements on the site systems designed to secure the information in the best possible way, in accordance with generally accepted standards. While these systems reduce the risks of unauthorized intrusion into the company’s computers, they do not provide absolute security. Therefore, the site operator does not guarantee that the services on the site will be completely immune from unauthorized access to the information stored in them.
The use of the site and the making of purchases on the site are restricted to customers over the age of 18. A customer who chooses to use the site and make purchases from the site’s products declares that he is qualified to perform binding legal actions. Insofar as the customer is under the age of 18, he is obligated to inform his legal guardian of the provisions of these regulations and to obtain his prior approval to perform any action on the site. The guardian is responsible for informing the minor under his responsibility regarding these regulations and to supervise that his activity on the site is carried out in accordance with the terms of these regulations. Any activity performed by a minor on the Site will constitute consent on the part of the minor and/or his legal guardian to what is stated in the terms of the regulations.
Additional terms !.!.! 58. The interpretation and enforcement of these Regulations and/or any action or dispute arising therefrom, shall be made in accordance with the laws of the State of Israel, and shall be clarified, if necessary, in the Court in Tel Aviv-Jaffa.