YRUSHA TERMS AND CONDITIONS
Last Updated: November 27, 2019
PREAMBLE:
We are Yrusha Jewels Ltd., and we are engaged the sale of products over the Internet through this website hosted in www.yrusha.com (the “Website”) and providing services with respect to such sold products, via email, chats, phone, and by any other means we may publish as available, from time to time and in our discretion (collectively with the Website: the “Platform”).
When we use the terms “we”, “us”, “our” or “Yrusha”, we refer to Yrusha Jewels Ltd., and when we use the terms “you”, “your” or “yours” we refer to you, a visitor of the Website, purchaser of products and/or recipient of any services from Yrusha.
These terms and conditions are comprised of two parts, the first being this preamble, and the general terms of use of the Website and receipt of the Services (as such term is defined below) below set forth immediately following this preamble (collectively, the “General Terms”), governing any use you make on this Website, and the second being the terms and conditions (the “Purchase and Service Terms”), governing the establishment of user account by yourself with Yrusha, any purchase of products through the Website, and the provision of any service by Yrusha through any Platform (such services shall be referred herein collectively, the “Services”).
We may refer to the General Terms, Purchase and Service Terms and Privacy Policy collectively, as the “Terms”.
These Terms are a legally binding agreement between you and us. Within these Terms we will reference information contained in our Privacy Policy, we strongly recommend reviewing our Privacy Policy in conjunction with these Terms. We may revise these Terms or any part thereof at any time, by publishing revised versions on the Website. If you access the Website or use the Services, or continue accessing the Website or using the Services after these Terms or any portion thereof has changed, you confirm that you have read, understand and agree to be bound thereby. Since these Terms are binding upon you, we recommend you read through and become thoroughly familiar with each such amendment.
If you agree to be bound by these Terms, you have the right to use the Website and the Services; otherwise you may not use the Website and the Services, in whole or in part.
GENERAL:
Thank you for visiting the Yrusha’s Website. By accessing and browsing this Website, you accept (without limitation or qualification) these Terms, and all applicable laws referenced herein. Please read these Terms carefully.
As mentioned above, this chapter of General Terms applies to you, as a visitor of the Website, regardless of any purchase of products you make or have made through the Website, or of the provision of any Service by Yrusha to you, through any Platform. The foregoing means that these General Terms apply to you whether or not you decide to make any purchases or receive any Services through the Website or any Platform.
USE:
You may use the Website for the purpose of browsing through products, providing information and interacting with Yrusha, making purchases, receiving Services and for referring others to the Website; any other use is prohibited. Yrusha reserves all other rights.
RESTRICTIONS:
Without derogating from the generality of the foregoing, we stress that you may not: (a) use the Website and/or the Services through or by use of an automated or “non-human” program or system or if you are acting on behalf of an agency or a corporation; (b) use the Website and/or the Services if your age is less than 18 years old, or if you have not reached the age of majority where you live, if that is more than 18 years of age; (c) work around any technical limitations of the Website and/or the Services; (d) modify, reverse engineer or otherwise alter the Website and/or the Services; (f) use the Website and/or the Services in any way prohibited by law, regulation, governmental order or decree, or if you are not in full compliance with the terms of the Third-Party Policies (as such term is defined below); (g) use the Website and/or the Services to: (i) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) engage in activity that is false or misleading, or that is harmful to you, others, Yrusha or the Website and/or the Services (e.g., transmitting viruses, communicating hate speech, or advocating violence against others); (iii) share inappropriate content, advertising, spam, spyware or malware; (iv) gain (or attempt to gain) unauthorized access to any service, data, account or network by any means; (v) infringe upon the rights of others; (vi) anywhere other than over the Platforms or where Yrusha has actively made it available; or (vii) remove, modify, or tamper with any notice or link that is incorporated into the Website and/or the Services.
THIRD-PARTY INFOSTRUCTURE AND SERVICE PROVIDERS:
You understand and acknowledge that Yrusha uses third-party infostructure, such as servers, security protocols, website management platforms, databases, money clearance services, shipping and other third-party service providers, to make the Website available and to provide the Services (collectively, the “Third-Party Providers”). You acknowledge and agree, without limiting Yrusha’s disclaimers herein, that the availability, functionality and your access to the Website and use and receipt of the Services, is subject, inter alia, to such Third-Party Providers services availability.
DISCLAIMER:
Use of this Website and the Services is exclusively at your sole risk. Yrusha is not responsible if the information on this Website is inaccurate or incomplete. Any reliance upon the material of this Website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Website.
INTELLECTUAL PROPERTY RIGHTS:
You acknowledge that: (a) the Website and Services contain proprietary and confidential information of Yrusha and its licensors, such that is protected by applicable intellectual property and other laws, and (b) Yrusha and its licensors own all rights, titles and interests in and to the Website and the Services, their content, trademarks, marks, service marks, symbols, icons, logos, shapes and designs, including and without limitation, all Intellectual Property Rights therein. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third-party to: (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services, the Website or content that may be presented or accessed through the Services and/or the Website for any purpose; (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Services and/or the Website; (c) use the Services and/or the Website to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (d) remove, obscure, or alter Yrusha’s or any of its licensors’ copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services and/or the Website.
These Terms do not convey to you an interest in or to the Services and/or the Website, but only a limited right of use of the Services and the Website, revocable in accordance with the terms and conditions of these Terms. Nothing in these Terms constitutes a waiver on behalf of Yrusha of any Intellectual Property Right.
YOUR CONTENT AND INFORMATION:
To provide the Services to you, to make certain functions of the Website available to you, and for other purposes described in our Privacy Policy, Yrusha will need to obtain personal data, and other information, about you. Yrusha obtains such information directly from you, when you actively provide such information to Yrusha, through the Website and/or Services, when the Website sends and uses cookies, web-beacons and/or other similar technological methods to collect information, but also when you post information, photos, videos and comments on our social media pages (such as twitter, Facebook, Instagram, etc.) and on our blogs and comment boards (any information described in this clause shall be referred to collectively herein as: “User Contributed Information”). For the specific purposes as stated in our Privacy Policy, you grant Yrusha your consent to utilize any User Contributed Information provided to us by you in accordance with the terms of our Privacy Policy. User Contributed Information obtained from you is subject to these Terms, but may also be subject to the terms of any Third-Party Provider’s terms of use and privacy policies (“Third-Party Policies”), if such User Contributed Information is provided through such third-party platforms (such as twitter, Facebook, Instagram, etc.). We encourage you to review any legal document provided by such third-party platforms, and in particular to learn how such third-party platforms use and share your information with third parties such as Yrusha.
LINKS TO OTHER WEBSITES:
Links to third-party websites may be provided for the interest or convenience of visitors to this Website. The links on the Website may take you outside the Website. Yrusha shall not be responsible, and accepts no responsibility or liability for the content, accuracy, or function of these other websites. Yrusha accepts no liability deriving from a breach or omission in the privacy policies of such third-parties. The links are provided in good faith, but Yrusha cannot be held responsible for any subsequent change in other third-party websites to which it has provided any link. The inclusion of any links to other third-party websites does not imply endorsement by Yrusha. Yrusha highly recommends that you make yourself aware of and carefully read the legal and privacy notices of any other website that you visit.
NO WARRANTIES; DISCLAIMER:
The Website and the Services are provided “as is”, “with all faults and errors” and on an “as available” basis. You bear the risk as to their quality and/or performance. Yrusha gives no express or implied statutory warranties, guarantees, or conditions in relation to the Website and/or the Services. Statutory warranties of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise, as well as any warranties regarding security, reliability, timeliness, accuracy, and performance of the Website and/or the Services, are also expressly disclaimed, to the fullest extent permitted by law. Without derogating from any of the aforesaid, you acknowledge and agree that Yrusha is not and shall not be responsible for the availability of the Third-Party Providers’ infrastructure or services, nor shall Yrusha be responsible or liable for any damage caused to you due to any act or omission on behalf of such Third-Party Providers or your use of their services.
If you believe Yrusha has breached any statutory warranty, you can reach our customer service on any issues at: info@yrusha.com.
LIMITATION OF LIABILITY:
Under no circumstances shall Yrusha be liable for direct, indirect, incidental, punitive, special, consequential or exemplary damages (including loss of use, data, business or profits), resulting from any aspect of your use of the Website and/or Services, including, without limitation, damages that may arise from the use or misuse of, reliance on, or inability to use the Website and/or Services or arising out of any error or bug therein, and/or damages that may arise from the interruption, suspension, modification, alteration, or termination of the Website and/or Services – with respect to all – whether such liability arises from a claim based upon contract, tort or otherwise, and whether Yrusha has been advised of the possibility of such damages.
INDEMNIFICATION:
You undertake to indemnify and hold harmless Yrusha and its subsidiaries, affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney’s fees and costs of litigation, caused as a result or in relation to your breach of these Terms and/or your use of the Website and/or Services.
TERMINATION:
If Yrusha believes that you are making unauthorized use of the Website and/or Services, that your conduct or content damage or would tend to damage Yrusha’s reputation and/or goodwill, or that you are otherwise in violation of these Terms, it may suspend or terminate your access to Services and/or Website, with or without notice, and without derogating from its rights herein or under law. Such action may result in a loss of your data. Without derogating from the foregoing, Yrusha may terminate or suspend the Services and/or the Website, with or without reason or notice, as it deems necessary or appropriate. Yrusha may block your email address and Internet protocol address to prevent further access to the Website and/or Services.
SURVIVING SECTIONS:
The Sections titled “Disclaimer”, “No Warranties; Disclaimer”, “Limitation of Liability”, “Indemnification”, “Intellectual Property Rights”, and “Governing Law and Jurisdiction” and the other provisions herein that preserve Yrusha’s rights in and with respect to the Services will survive any termination or expiration of these Terms.
GOVERNING LAWS AND JURISDICTION:
Other than explicitly provided herein, these Terms shall be treated as though executed and performed in the State of Israel and shall be governed by and construed in accordance with the laws of the State of Israel (without regard to conflict of law principles). In the event of a dispute arising under or related to these Terms that cannot be resolved amicably between the parties, the competent courts of Tel-Aviv, Israel, shall have exclusive jurisdiction of any such dispute.
ASSIGNMENT:
Yrusha may assign, at its sole discretion, these Terms, or any of its rights and/or obligations hereunder and/or thereunder, to any third-party, without giving you prior notice and without obtaining your consent, including, and without limitation, in the framework of any reorganization or merger of Yrusha, or acquisition of Yrusha or its assets. In any event of assignment as aforesaid, all the provisions of these Terms shall apply to the assigned party, mutatis mutandis. You may not assign or transfer your rights and obligations under these Terms.
ENTIRE AGREEMENT:
These Terms and our Privacy Policy are the entire agreement between you and Yrusha and replace any prior agreement of understanding between you and Yrusha in relation to the Services. Any waiver of any provision of these Terms, will be effective only if in writing and signed by the waiving party.
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GENERAL:
As mentioned above, this chapter of Purchase and Service Terms applies to you, if you have elected to open an account with Yrusha, and/or to purchase any products or to receive any Service from Yrusha. Please read these Purchase and Service Terms carefully before opening an account with Yrusha, or ordering products from this Website. By opening a user account with Yrusha and/or ordering our products, you indicate that you consent to the Purchase and Service Terms below and state that you are competent to enter into legally-binding contracts with Yrusha, for the purchase of such products.
USER ACCOUNT:
To purchase products via the Website, you are required to create an account with Yrusha. You are responsible for maintaining the security of the credentials to your account, and you are fully responsible for all activities that occur on the account and any other actions taken in connection with it.
You are also responsible to provide full and accurate details when establishing your account, and for keeping such information up to date. Providing false contact or other information of any kind, may result in the termination of your account, without derogating from any right Yrusha may have under these Terms or applicable law.
You must immediately notify Yrusha of any unauthorized use of or access to your account, or any other breach of security. Yrusha will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Yrusha may suspend, disable or delete your account (or any part thereof), if Yrusha determines that you violated any provision of these Terms. If Yrusha deletes your account for the foregoing reasons, you may not re-register for the Services or access the Website, without Yrusha’s prior consent. Yrusha may block your email address and Internet protocol address to prevent further registration, in its sole and absolute discretion, without providing any notice or explanation.
FORMATION OF INDIVIDUAL CONTRACTS BETWEEN YOU AND YRUSHA:
Any order of products you make through the Website, is an individual and separate offer to enter into a purchase order with Yrusha, and it is subject to these Terms. Yrusha is free to either accept such offers or to reject them by sending you a statement to that effect, within 14 days of receipt of each such order. No binding contract to purchase any product is formed until Yrusha has accepted your order. This acceptance is indicated by only the shipment of the products ordered. Yrusha reserves the right to reject orders from you, if there is reason to believe that you are acting in contravention of the Terms, you are or were involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
PRODUCT AVAILABILITY:
Products’ prices are as shown on the Website; products are available as long as they are in stock, and any indication on the Website as to the status of any product’s stock held by Yrusha, shall not be binding, and there is no liability for lack of products in stock or for products not being available. Yrusha reserves the right to change the products offered on the Website at any time without notice and to limit the number of items that you may purchase. In any event, Yrusha may approve and deliver to you partial purchase orders, in its discretion and without providing any notice.
PROHIBITED ACTIONS:
In addition to the other actions prohibited by these Terms, it is being clarified that any commercial resale or distribution of Yrusha’s products sold on the Website is strictly prohibited.
PAYMENT MEANS:
Orders can be placed and payments may be made by using means made available by Yrusha from time to time, in its sole and absolute discretion. Such payment means may include, without limitation, credit cards, PayPal account, direct wire transfers to Yrusha’s bank account, and/or any other means, made available from time to time (the “Payment Means”). All Payment Means are provided by Third-Party Providers, and any disclaimer provided in these Terms with respect to such Third-Party Providers, applies when you use the Payment Means. If the institution operating any Payment Means refuses to make payment to Yrusha, Yrusha is not liable for delays or for failure to deliver any purchased product.
NOTE THAT FOR PAYMENTS USING CREDIT CARDS, A TRANSACTION FEE (ABOUT 1-2.5%) MAY BE CHARGED BY THE INSTITUTION THAT ISSUED YOUR CREDIT CARD.
ORDER CANCELLATION:
Please note that after your order is confirmed, no requests to change or cancel the order can be considered, subject to the provisions of Section 14c of the Israeli Customer Protection Act-1981 (the “Customer Protection Act”). Yrusha charges the lower of either 5% of Your purchase order price or NIS 100, as order cancellation fees, with respect to any purchase order transaction Yrusha has approved as canceled, in accordance with the provisions of the Customer Protection Act.
SHIPPING:
Products sold by Yrusha via the Website, are usually shipped within 15 business days. Shipping costs are shown on the Website, and are charged in addition to the price of the products, import charges, value added taxes and other state or federal taxes, when and as applicable. Additional charges may apply and may be charged by Yrusha or any governmental authorities. If the products purchased cannot be shipped within 15 days following the day after your order, Yrusha may withdraw from any approved purchase order, even if Yrusha previously confirmed that Yrusha had entered into such order. If Yrusha withdraws from such order, you will be informed that the products are not available and you will be reimbursed the consideration you have already provided. However, Yrusha is not liable for any delay of product supply caused by, or due to any failure of, any Third-Party Provider.
DELIVERY:
The products ordered are normally delivered to the delivery address you provide, by a Third-Party Provider contracted delivery service, within 20 business days after the working day following the date Your order has been confirmed. Upon receipt the shipment should be checked for accuracy and completeness.
PRODUCT WARRANTIES:
If there is a defect in the products delivered to you by Yrusha, you may at your option, but within no later than 3 business days as of receipt of the products, request that the contract be revoked or that the products be replaced with the same type of products without any defects, subject to the availability of stock of such products with Yrusha. If you believe that a product has any damage, defect, or malfunction, you may contact us during the warranty period of the product, being 7 days from the date of supply. The warranty provided during this period is provided only with respect to originally defective products. Such warranty will not apply in events that Yrusha believes you have used any product not in accordance with its intended use or instructions provided (including any use with chemical products). In such event the warranty shall automatically terminate.
For any after-sale services, please contact: info@yrusha.com.
No additional warranties are provided in addition to the above and these shall be your sole remedies with respect to any damage, defect, or malfunction of any product.
for removal of any doubt, the provisions of Part I – General Terms for Use of the Website and Receipt of the Services, apply to the provisions of this Part II – Purchase and Service Terms.
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