The Lilly Kai Skincare website, at lillykai.com (hereinafter: the “Website”), is operated by Zohar Lavan Ltd., C.N. 515689818, of 26 George Wise Street, Tel Aviv, Israel (hereinafter: the “Company”).
The Website serves as an online platform for the retail sale of skincare and cosmetic products.
The following Terms of Service (“ToS”) regulate the relationship between the Company and Website users (hereinafter: the “User”), through all devices and media, and constitute a legally binding agreement between the Parties, and an implied undertaking to accept all provisions of these ToS.
In case User does not accept the ToS, in whole or in part, they are kindly requested to leave the Website and make no use thereof.
Use of the Website
Use of the Website is solely for private and personal purposes, and is not to be used commercially, whether for profit or not for profit.
Use of the Website is provided to User “as is” and the information contained therein is updated and correct as at the date of use, and the Company may change the contents of the Website at any time and without advance notice.
Use of the Website is open and accessible to all persons free of charge, except for services and products for which prices have been set.
User undertakes not to use the Website on behalf of another, unless explicitly authorized to do so, and such other person has accepted the ToS. User undertakes to compensate and\or indemnify the Company for any damage caused it as a result of using the Website for or in behalf of another.
User undertakes not to make use of the Website, directly or indirectly, for advertising purposes, for content in violation of copyright and\or for illegal or inappropriate contents, and undertakes not to change the source code and not to upload or link onto the Website any software or applications which may cause harm to the Website, the Company, or any other person.
User is aware that the Company keeps computerized, automated record of activity on the Website, and may also record some of the conversation between its Customer Service and User, and that such records constitute prima facie proof of the veracity of the contents thereof.
The Company may restrict a User from use of the Website in case of concern that such User has committed or will commit an illegal act or violate legal provisions or violate the ToS or commit any other act or omission that may cause harm to the Website, the Company, or other Users, including by way of IP blocking and conveying User details to proper authorities.
PRIVACY POLICY
The details provided by User when using the Website (hereinafter: the “Details”) shall be subject to the following provisions.
By providing their Details when using the Website, User consents to having the Company keep such Details and used for purposes of its operations, providing service, executing transactions, contacting User, responding to queries, operating the Website and internal purposes (complaint inquiries, internal audits, statistical data, etc.).
User consents that keeping such Details and the above use thereof shall not constitute a violation or infringement of User’s privacy, even if such Details may potentially identify and\or track users.
User is aware that they are not obliged to provide their Details on the Website, but that this may prevent them from making full use of the services provided on the Website, and that if they decide to provide their Details, they are doing so freely and in full consent.
User undertakes not to provide the Details of another person, even if use the Company services provided on the Website is made on behalf of another, without such User having the explicit consent of such other person, and User shall be liable for all damage caused as a result thereof.
The Company undertakes not to convey the Details to any third party, unless required to do so by law; or as part of legal proceedings (and\or notice prior to such proceedings) relating to such User’s activity on the Website; or in case of change in the Company’s manner of incorporation or transfer of its operations to another entity, provided that such entity has undertaken these ToS; or in case of suspicion whereby User committed acts and\or omissions that may harm the Website, the Company, or another person, illegal or in violation of these ToS; or for purposes of operating the Website and providing services to User.
User shall not have any claim or suit against the Company pertaining to the Details they provided, and use made thereof by the Company as specified above, and hereby waives any claim or suit, including by virtue of the Protection of Privacy Law, 5741-1981.
User may, at any time, request the Company to delete their Details from the Website and Company records, by contacting the Company in the manner specified below, and the Company shall act according to User’s request, subject to legal provisions.
Cookies
The Company may use cookies for the proper operation of the Website, such as gathering statistical data, verification, adjustment of personal settings, information security, etc.
Cookies are text files that contain data of a User’s activity on the Website, such as pages visited, period of browsing, searches conducted, etc. – some of which are saved on User’s device, and some deleted upon leaving the Website; such cookies affect User’s experience on the Website and the ability to use some of the services offered on the Website.
User may avoid receiving cookies by changing browser settings. Please refer to your browser help documents.
INTELLECTUAL PROPERTY
The Company is sole owner of all intellectual property rights – copyrights, trademarks, trade secrets and so forth – of the Website and all pertaining thereto, including but not limited to, contents, design, software, source code, graphics, texts, and all contents directly or indirectly relating to the Website, including via external interface, source code or target code, and so forth, as the case may be.
User is strictly prohibited from violating the intellectual property rights of the Company or any third party on the Website in any way or form, including duplication, reproduction, transmission, publication, execution, distribution, issuance, creation of derivatives, reverse engineering, sale, and so forth, without receiving the written advance consent of the Company or relevant third party.
Limited Liability
The Company and\or any person on its behalf shall not be liable or held accountable for any expense, loss, direct or indirect damage, consequential or circumstantial, caused to User or any third party in relation with use of the Website or for any act or omission by the Company and\or any person on its behalf, or for any act or omission by User and\or a third party, including external suppliers of the Company and the Website, or unauthorized entities, resulting, e.g., from a computer virus, hacking, attack or intrusion on Website information and Users Details.
The Company and\or any person on its behalf shall not be liable or held accountable for malfunctions, delays or disruptions in use of the Website, including taking down the Website for a reasonable period for purposes maintenance, updates or upgrades, for damages outside the Company’s control caused following instructions of competent authorities, communication breakdowns, earthquakes, storms, material shortages, lack of public services, or due to fire, flooding, accidents, epidemics, strikes, shutdowns, riots, civil unrest, war, terrorist attacks, hostilities, lockdowns, or any other force majeure.
The Company and\or any person on its behalf shall not be liable or held accountable for any damage caused to Users or any person on their behalf through the use of linked websites to which the Website refers and of which they made use, whether or not redirected to such websites by the Website.
The uninterrupted, continuous operation of the Website depends on external factors outside the Company’s control, such as the internet, cellular and power networks, and the Company shall therefore not be held liable and accountable for any damage caused as a result of technical or other disruptions or failures while using the Website stemming from such external factors.
The Company employs advanced security measures designed to safeguard the privacy or information provided during use of the Website, but cannot guarantee that the Website will be completely impervious to unauthorized access to the Details provided on the Website, and User therefore releases the Company and those acting on its behalf from any liability and harm caused to User or any person on its behalf resulting from unauthorized intrusion to the Website and data stored therein, in any manner whatsoever.
It is hereby clarified that the Website may include errors, faults, mistakes, in accuracies in contents of manner of presentation thereof, in good faith, and User may not rely thereupon, and the Company is exempt from liability for the results of such acts and omissions.
Even in case User incurs any damage as a result of the acts or omissions noted above in this chapter, in any event’ the Company’s liability shall not exceed the amount of consideration actually paid by User to the Company in connection with the use during which such damage was caused.
Purchase of Goods and Products on the Website
The purchase of products on the Website requires Company approval, which may, according to the circumstances, approve, deny, or restrict such orders at its own discretion, and no claims or demands against the Company shall be accepted in that regard.
All prices quoted on the Website include VAT by law and exclude shipping costs, unless otherwise stated, and the Company may at any time change the prices of products and shipping costs, without advance notice.
The effective price shall be the price quoted on the Website at the time of completing an order, even if the price quoted at the beginning of such order process, has changed by the time such order was completed.
A precondition for ordering products on the Website is possession of any of the means of payment specified on the Website, which may be altered by the Company at any time and without advance notice. User is prohibited from using the means of payment of another person, unless explicitly authorized to do so by such other person, and in any event, User shall bear full liability and, if necessary, also indemnify the Company for any demand pr claim made due to the use of such other person’s means of payment.
Minors and those declared incompetent are prevented from purchasing products on the Website, except with the approval of their legal guardian, without which the Company may refuse to approve orders and to cancel orders made by such Users.
Presentation of the products on the Website does not constitute an irrevocable offer for the sale of goods. An order made by User shall be considered an offer to purchase, and acceptance of such offer shall only take place upon actual delivery of the product to User.
Ordering Process and Execution
User may order products via the Website.
After selection of the products, User shall enter all required details in complete, correct, accurate and updated manner, to ensure an efficient and undisrupted order process, such as: personal details, address, means of payment, delivery details, etc.
Entering incomplete or incorrect details may thwart the order or delivery of products to User, and entering false details constitutes a criminal offense, for all intents and purposes, and User shall be liable and accountable for any damages caused as a result of entering incomplete, incorrect, or false details, even if they did so on good faith or mistyping.
Upon completion of an order, User shall receive an email indicating receipt thereof, and after approval of the selected means of payment, an order certification, stating all details required by law. In case the selected means of payment was declined, User shall receive a notice of such fact, requesting that they select an alternate means of payment.
In the event that, after certification of an order, it turns out that the ordered product(s) cannot be delivered, at all or on time, due to unavailability or any other reason, the Company may cancel the order or contact User and offer to change it, and User shall have no claim and\or suit against the Company in that regard.
The Company does not undertake to hold in stock at all times all of the products presented on the Website and may at any time change the variety of products presented there, and in event, delivery of products shall be subject to availability thereof and the ability to deliver.
Product photos on the Website are for illustration purposes only, and is not binding, and in case of discrepancy between the information indicated by the photo and the written product description, the written description shall prevail.
In case an error is discovered to have occurred in a product’s description, price, means of payment, shipping options or any other detail, as a result of a technical fault, scrivener’s error, or any other good faith reason outside the Company’s control, the Company may deny the purchase or cancel it retroactively, and User shall have no cause for claim or suit in that regard.
The Company makes efforts to ensure that the information presented on the Website is complete, correct, accurate and updated; however, in the event that errors or mistakes occurred in good faith, the Company shall not be liable and accountable for such, subject to legal provisions.
Delivery of Products
After certification of an order and subject to the above conditions, the Company shall ship the ordered product(s) to User in the manner stated on the Website or selected by User, at the time and in consideration of shipping costs set for such manner of delivery.
It is clarified that the shipping cost and time of delivery are not within the Company’s control but rather controlled by the executing courier, generally within reasonable hours of operation, distance, and delivery range, and subject to external factors outside the courier’s control (weather conditions, road blockages, etc.).
The timeframe for delivery of products begins on the business day immediately following the order certification, and the shipping time stated on the Website refers to ordinary business days in Israel, i.e., Sunday through Thursday, excluding Fridays, Saturdays, and holidays (including holiday eves).
In the event that difficulties arise in delivery of a product, on the prescribed time or at all, due to reasons not depending on the Company, the Company shall contact User and reach an agreed solution, but in any case, such an event shall not be deemed a breach by the Company.
A product shipped to User but returned to Company for reasons not stemming from the Company’s conduct, shall be shipped again to User, subject to payment of additional shipping costs.
Canceled Transactions and Return of Products
User may cancel a purchase transaction, subject to the provisions of the Consumer Protection Law, 5741-1981, by way of a notice given to the Company’s customer service whose contact details are specified below, during a period commencing on the day of purchasing the product and until the lapse of 14 days of such product’s delivery, or the receipt of a document containing the details provided in Section 14C(b) of the Law, according to the latest.
In case User is a disabled person, elderly citizen or new immigrant, as defined by the Law (and the Company may demand certification of such fact), they may cancel a transaction during a period commencing on the day of purchasing the product and until the lapse of 4 months of such product’s delivery, or the receipt of a document containing the details provided in Section 14C(b) of the Law, according to the latest, and provided that the engagement in such transaction included oral conversation between the Parties.
The right to cancel is available to User alone, and not to any third party, even if User purchased such product, and even had it shipped, to such third party.
The right to cancel a transaction does not apply to perishable, edible goods having short shelf life or consumable, unless the cause for cancellation is due to defect or incompatibility with the details conveyed regarding such product or failure to deliver on time or other breach.
Products for which monetary consideration was not paid cannot be cancelled, replaced, or refunded, for any reason whatsoever.
In case of cancellation due to defect or incompatibility with the details conveyed regarding such product or failure to deliver on time or other breach, the Company shall refund User at the amount paid, without charging any cancellation fee, and User shall make available to product to the Company at the place where User took delivery thereof.
In case of lawful cancellation, for any other reason and within the period provided by the Law, the Company shall refund User at the amount paid and may charge a cancellation fee of up to 5% of the transaction value or ILS 100, according to the lowest, and User shall return the product, at their own expense, to the Company’s offices.
In case of cancellation of a special discount transaction (e.g., two for the price of one, 50% off second product, etc.) – return of all products shall be carried out according to the terms of purchase, and return of some of the products shall be carried out according to the discount rate actually applied to the additional product, even where the returned product was the first product – e.g., upon return on one product purchased in a 1+1 (two for the price of one) deal, no refund shall be given.
Where, subsequent to cancellation by law, the product returned to the Company by User has become faulty, damaged, defective, used, its packaging opened or compromised, or otherwise adversely affected, the Company is entitled to all remedies provided by law, including claiming from User its damages, at its sole discretion.
Online Promotional Messaging
Upon registry to the Website, during the purchase of products and elsewhere, User is offered subscribing to online messaging via various media (email, instant messaging, etc.). subscription thereto constitutes consent by User to receive promotional notification, advertisements, special offers, commercial collaborations and updates regarding products and the Website.
Subscription to online messaging is not mandatory, and a subscribed User may at any time remove themselves through a link included on all such messages, or by way of a removal request sent by User to the Company’s Customer Service.
The sending of notification to User by any means, as part of Website operation and provision of services, such as: detail verification messages, reminders of products added to shopping list regarding which order was not completed, and so forth, do not constitute prohibited promotional messages, and User consents sending them such messages even without subscribing to online promotional messaging.
Miscellaneous
The Company may change these ToS at any time, at its sole discretion, and the binding version will be the version published at a given time on the Website.
Use of the Website constitutes consent to the ToS published at the time of use, and User is therefore advised to revisit the ToS whenever making use of the Website.
The Company may offer special sales, benefits, and discounts and to terminate or modify them at any time without advance notice.
All claims and suits pertaining to the Website and use thereof, shall be governed by the laws of the State of Israel, and the Parties hereby agree that all disputes relating thereto shall be submitted exclusively to the competent courts in the Central or Jerusalem Districts in the State of Israel.
Any delay on the part of the Company to exercise any of the rights granted it under these ToS or law, or abstention for exercising the above, shall not constitute waiver thereof.
Phrasing in the masculine or feminine in these ToS and on the Website is made solely for convenience purposes, and equally refers to all genders.
You may contact the Company’s Customer Service in all matters relating to use of the Website, by phone: +972 58 4212721, or by email: info@lillykai.com.
