1. General

    1. Welcome to the website (www.DariaBikinis.com) (hereinafter: "the Site") of Daria Mak, company no. 209264514 (hereinafter: "the Site Operator").

    2. These terms are written in the masculine form for convenience only, and should be read as also referring to the feminine.

    3. Section headings are provided for convenience only and are not to be used in interpreting these terms.

    4. The provisions of these terms apply to any use of the site. Browsing and/or any action on the site, including placing an order, constitutes consent to accept and abide by the terms.

    5. The site operator reserves the right to change these terms from time to time at its sole discretion, without the need to give prior notice or notification.

    6. The user agrees that the Company's computer records of actions performed through the site shall constitute prima facie evidence of the accuracy of those actions.

    7. The site and its content are provided "AS IS", that is, without any possibility of intervention or modification by any user, and for private use only. It is strictly prohibited 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, correcting, modifying, reproducing, broadcasting, displaying, publishing, transferring, selling, or distributing in any way by any user, without the prior written consent of the site operator.

    8. The terms of use of the Site apply to the use of the Site and the services included in it via any computer or other communication device (such as a mobile phone, handheld computers of all kinds, and the like). They also apply to the use of the Site whether via the internet or via any other network or means of communication.

    The right/legal capacity to make purchases on the Site

    9. Any user who meets the cumulative conditions detailed below is entitled to make purchases on the site:

    9.1. The user is legally competent to perform binding legal actions, including the user's declaration that they are 18 years of age or older.

    9.2. The user holds a valid credit card lawfully issued by one of the credit card companies that operate in Israel as well, or has received the voluntary consent of such a credit card holder to use it.

    10. The site operator reserves the right to block access to purchases and/or cancel purchases by users whose conduct is inappropriate or does not comply with the participation rules detailed in these terms, or who attempt to harm the proper operation of the site.

    Registering on the site and purchasing 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").

    12. To place an order for one or more products, the customer must first select the product, including size, color, and quantity.

    13. For reasons of information security and protection of the Customer's privacy, payment method details will not be stored in full (only the last four digits of the payment method) in the Company's database, and will be used only for the specific order.

    14. After the site operator receives approval from the credit card company for the order, and the site operator has verified that the item is in stock, the site operator will send the Customer an email message, to the address entered when filling out the order form, confirming the placement of the order (hereinafter: "Order Confirmation").

    15. The Site Operator may update the prices of the products on the Site and the shipping rates from time to time and without prior notice. The price that applies to an order placed is the price on the Site at the time the order is placed. If prices were updated before the order was completed, the customer will be charged according to the updated prices.

    16. The Site Operator may offer sales, benefits, and discounts on the Site, and may also At any time to discontinue these sales, benefits, and discounts, replace them, or change them, without the need to give any prior notice.

    It is clarified that product prices may differ from the prices of products sold in the Company's store. In any event, the Company does not undertake that the prices of products on the site are identical to or lower than the prices of items in the store, and the prices on the site should not be relied upon as if the Company had committed to offer them at an identical or discounted price.

    Supply, transport, and delivery times

    17. The site operator will supply a product only after receiving full payment for it, to the address the customer provided when placing the order. When the order is handed over for shipping, an email will be sent to the user.

    18. Items will be shipped by registered mail, within up to 21 business days | express mail, 3-16 business days.

    19. For the avoidance of doubt, "business day" for the purposes of these terms means Sunday through Thursday, excluding holiday eves, holidays, and days of rest.

    20. Shipping fees will be added to the price of the items stated on the Site. Shipping fees will be charged for delivery to a single destination, even if more than one item was ordered.

    21. The site operator will deliver the items to the customer through an independent shipping company. Accordingly, the shipping company's terms and delivery policy will apply to the delivery of the products and will be binding on the customer.

    22. Without derogating from the generality of the above, the Site Operator will determine, at its sole discretion, the delivery destinations for items in Israel and outside the territory of Israel, and delivery times will be subject to the shipping company with which the Site Operator contracts and will bind the customer accordingly.

    23. With regard to orders within the State of Israel, the delivery zones will be determined at the sole discretion of the site operator and/or the shipping company it chooses to work with. In the case of remote localities - the Arava communities, Eilat, and communities in the Golan Heights - and/or areas with restricted access for security reasons and/or additional localities that the shipping company does not reach, the order will be sent individually, as coordinated with the customer, for an additional charge if required (the customer will be informed of the rate when placing the order).

    24. The site operator is not responsible for any act and/or omission of the shipping company, and will not compensate the Customer for delays by shipping companies.

    25. Without derogating from the above, the customer agrees that the site operator will not be responsible for a delay in delivering the product due to events beyond its control, such as a strike or shutdown, failures in communication, telephony, and/or computer systems, hostilities, and/or force majeure, such as war, strike, terror attacks, natural disasters, and the like.

     

    Order 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 (Transaction Cancellation), 5771-2010, the main points of which are set out below.

    26. Order cancellation by a customer before it is received by the customer:  

    26.1. Within 24 hours of placing the order (and provided the order has not yet been shipped), the Customer may cancel the order, in whole or in part, by notice In writing (including by email) to the site operator's customer service as stated in Section 27 above.

    26.2. If the order is canceled as stated in Section 28, the customer will be sent an email confirming this, and the Site Operator will refund to the customer, within 14 days of receiving the cancellation notice as stated in Section 28.1 above, the amount paid by the customer when placing the order.

    26.3. The site operator will deduct from the amount paid at the time of the order a cancellation fee of 5% of the order price or 100 new shekels, whichever is lower.

    27. Cancellation and exchange of products after the order is received by the Customer:

    27.1. Once the products have been received by the customer, order cancellation will not be possible, only an exchange, in accordance with the Ministry of Health guidelines specified below.

    27.2. Ministry of Health guidelines regarding returns and exchanges of swimwear: Swimsuit bottoms cannot be exchanged. Swimsuit tops can be exchanged, provided that the item is intact and has not been used in any way. However, a cash refund will not be available, only an identical item after a size exchange and/or credit for use on the Site in the amount paid by the user at the time of purchase.

    27.3. For the avoidance of doubt, it is clarified that in the case of an exchange as stated in section 29 herein, the customer will not be entitled to a refund of shipping fees, to the extent they were paid by the customer.

    28.Cancellation or exchange of a product due to a defect or non-conformity with the details shown on the site:

    28.1. The customer must inspect the items included in the order immediately upon receiving the product.

    28.2. If the customer received a defective product, or if the product's 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. If the company decides, at its sole discretion, that the product is defective, the product will be replaced or credit for use on the Site will be given, at the customer's choice.

    29. Exchange of products not due to a defect

    29.1. A customer who wishes to exchange products received in an order not due to a defect as stated in Section 29 above (for example, where the size does not fit the customer) is asked to contact the Company's customer service as stated in Section 27 above, in order to receive information on how to carry out the exchange of the product requiring exchange.

    29.2. Exchange of products as stated in section 31 herein will be made within 14 days of the date the customer received the order, provided that the products have not been used in any way, are in their original packaging, and the label/tag is still attached to the product, and that they are intact and/or free of any harm and/or damage and/or defect and/or deterioration of any kind.

    29.3. It is clarified that the exchange of a product is subject to the company's existing product inventory, and that a product purchased as part of a sale cannot be exchanged.

    Order cancellation by the site operator

    30. In any case in which the site operator is unable to run the site properly, supply the products, or meet any other obligation under these terms, the site operator may, at its sole discretion, cancel the customer's order. In such a case, the customer will be sent notice of the order cancellation, and the payment will be refunded to the customer within 14 days of the notice. The customer hereby waives any claim and/or demand and/or lawsuit in this matter.

    31. It is hereby clarified that the provisions of the Consumer Protection Law, 5741-1981, that are applicable and in force at the time the order is placed are the binding provisions, even if these terms or the site state otherwise.

    Warranty and service

    32. The site operator and/or anyone on its behalf shall not be liable for, and shall not bear, any damage of any kind, whether direct, indirect, consequential, or special, caused to the user and/or the customer and/or a third party as a result of use of or ordering through the site, whatever the cause of action may be, including loss of income and/or loss of profit caused for any reason.

    33. Should a clerical error occur 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, it shall not bind 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.

    34. The product images on the site are for illustration purposes only and are not binding on the site operator. It is clarified that there may be differences between the images and/or sizes shown on the site, in part or in whole, and the products actually sold, and the customer hereby waives any claim and/or demand and/or lawsuit in this matter.

    35. The site operator makes every effort to ensure that the information displayed on the site is as complete and accurate as possible, but it is clarified that inaccuracies or errors may appear in good faith, and the site operator will not bear responsibility in connection with such inaccuracies or errors.

    36. It is agreed that the site operator's liability in connection with any purchase, for any damage or expense of any kind, whether or not the site operator foresaw them, and whether or not the Company could have foreseen them, is limited to the order amount under that same purchase.

    37. Subject to any applicable law, the site operator shall not be liable for any damage of any kind caused to the Customer or anyone on the Customer's behalf, if any information entered by the Customer while placing the order is lost, reaches any party other than the site operator, and/or is used without authorization.

    38. The site operator shall not be liable for any lateness or delay in the supply and/or non-supply of an order caused by "force majeure" and/or by events beyond the site operator's control, including strikes, shutdowns, natural disasters, unusual weather, and the like, failures in the computer system or telephone systems that impair the completion of the purchase process, or failures in the email service.

    Indemnification

    39. The Customer hereby undertakes to indemnify the site operator and/or anyone on its behalf against any damage, loss, liability, claim, or demand, including legal expenses and attorney's fees, caused by the Customer and/or any third party as a result of the Customer's unlawful use of the site and/or breach of any of the terms of use.

    Discontinuation of the Site's operation

    40. The site operator reserves the right to discontinue, at any time and at its sole discretion, the operation of the site and/or sales through it, and the user shall have no claim and/or lawsuit against it.

    Intellectual property

    41. All intellectual property rights in the site, including patents, copyrights, designs, methods, and trade secrets, are the sole property of the site operator. These rights apply, among other things, to the graphic design of the Company's site, the databases in it (including product lists, product descriptions, etc.), the site's computer code, its web address, and any other detail related to its operation.

    42. It is prohibited to copy, duplicate, distribute, sell, market, or translate any information from the site (including trademarks, images, texts, and computer code) without the prior, express written permission of the site operator.

    43. No commercial use may be made of the data published by the Site Operator, of the Site Operator's database, of the product lists that appear in it, or of other details published by the Site Operator without its prior written consent.

    44. Icons, any information and/or display appearing on the site, including graphics, design, verbal presentation, trademarks, logos, and their editing and presentation, are the exclusive property of the site operator. Any use of this intellectual property of the site operator shall be made in accordance with the provisions of these Terms only.

    45. No use may be made of any trademark or design of a product or model appearing on the site or in the photographs on the site, which are protected intellectual property, both under Israeli law and under international conventions to which the State of Israel has acceded.

    Data confidentiality and user privacy

    46. The personal details in the order form (hereinafter: "the Information") are provided at the customer's wish and with the customer's consent, and the customer is under no legal obligation to provide them. Filling in the details indicates the customer's consent to providing them. The purpose of providing the personal details is to enable the company to deliver the order to the customer.

    47. The Site Operator undertakes not to make any use of the Information without the customer's authorization, unless required or permitted by law or in order 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 in order to provide service, and to the distribution company.

    48. Any transfer of a credit card number from the Site is carried out in encrypted form in accordance with the PCI standard. The Site Operator uses a PCI system for credit card clearing.

    49. It is possible that while browsing or performing actions on the site, the user's actions will be recorded automatically and electronically. These details are used by the site operator for control purposes and for administrative and marketing efficiency with respect to site users.

    50. 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 during use. The site operator may determine additional or different identification methods from time to time. The customer must keep the username and password confidential to prevent their misuse.

    51. The information and details collected about the customer during use of the Site will be stored in the Site Operator's database. The user's use of the Site and the user's approval of the company's privacy policy indicate that the user agrees that their details will be stored and managed in the company's database. The information in the database will be used, in accordance with the provisions of this privacy policy or any applicable law, for the purposes detailed below: 

    51.1. Direct mail communications;

    51.2 Placing orders on the site;

    51.3. Identifying the Customer during repeat visits to the site;

    51.4. Improving the services and content offered on the Site, including creating new services and content that suit the requirements of the Site's users and changing or discontinuing existing services and content. The information the company will use for this purpose will be mainly statistical information that does not identify the customer personally;

    51.5. Contacting the Customer;

    51.6. For analysis, control, and providing statistical information to third parties. This information will not identify the customer personally;

    51.7. For any other purpose specified in this privacy policy or in the Site's terms of use and purchase.

    52. The site operator will not transfer customers' personal details and the information collected about their activity on the site to third parties, except in the following cases:

    52.1. To the extent necessary for the proper provision of the site's services and for fulfilling the purposes of use of the information as detailed above;

    52.2. If the customer has breached the terms of use and purchase on the site, or if the customer performs, through the site or in connection with it, actions that appear to be contrary to law, or attempts to perform such actions;

    52.3. If the Site Operator receives a court order or a demand from a competent authority instructing it to disclose the customer's details or information about the customer to a third party; for the avoidance of doubt, the Site Operator does not undertake to oppose any request for a court order or demand from a competent authority that would obligate it to disclose details about the customer to a third party.

    53. The site operator may disclose 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 reveal the identity of customers to them without their explicit consent.

    54. 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 Facebook and Google for displaying the Site's ads on the internet. The Site Operator may use, either itself or through third parties such as Google and/or Facebook, 'cookie' files for the ongoing and proper operation of the Site, including to collect statistical data about use of the Site, to verify details, to adapt the Site to the customer's personal preferences, and for information security purposes. 'Cookies' are text files that the browser on the customer's computer creates upon a command from the company's computers. Some cookies will expire when the customer closes the browser, and others are saved on the hard drive of the customer's computer. Cookies contain various information, such as the pages the customer visited, the length of time the customer stayed on the Site, where the customer came to the Site from, the sections and information the customer asks to see upon entering the Site, and more. They are also used to remove the need to enter the customer's details each time the customer revisits sections of the Site that require registration, if there are any. The information in cookies is encrypted, and the Site Operator takes precautions to ensure that only the company's computers can read and understand the information stored in them.

    55. A customer who does not want cookies to be collected on their personal computer can prevent this by changing the settings in their computer's browser. To do so, please consult the browser's help file. Please remember that disabling cookies may cause some of the services and features on the Site or on other websites to be unavailable. In addition, cookies on the computer can be deleted at any time.

    56. The site operator may permit third-party companies to advertise on the site and/or to manage the ad-serving system on the site.

    57. The site operator implements systems on the site designed to secure information in the best possible manner, in accordance with 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 absolutely immune to unauthorized access to the information stored in them.

    Use of the site and making purchases on the site are limited to customers over the age of 18. A customer who chooses to use the site and make purchases of the site's products declares that they are legally competent to perform binding legal actions. If the customer is under the age of 18, they are obligated to inform their legal guardian of the provisions of these terms and to obtain their prior approval for any action on the site. The guardian is responsible for informing the minor under their care about these terms, and for supervising that the minor's activity on the site is carried out in accordance with these terms. Any activity performed by a minor on the site will constitute consent by the minor and/or their legal guardian to the provisions of these terms.

    Additional terms

    58. The interpretation and enforcement of these terms and/or any action or dispute arising from them will be governed by the laws of the State of Israel and will be heard, if necessary, in the court in Tel Aviv-Jaffa.

    59. The company reserves the right to change these terms from time to time.