Terms and conditions of sale

1. Introduction
   1. These terms and conditions shall govern the sale and purchase of products through our website.
   2. You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
   3. This document does not affect any statutory rights you may have as a consumer, such as the protections afforded to you by the (Israeli) Consumer Protection Law of 5741-1981 and its regulations.
2. Interpretation
   1. In these terms and conditions:

(a) “we” means Mea Esrim (for details, see Section ‎22); and

(b) “you” means our customer or prospective customer,

and “us”, “our” and “your” should be construed accordingly.

1. Order process
   1. The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
   2. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section ‎3.
   3. To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; once you are at checkout, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
2. Products
   1. The following types of products are or may be available on our website: soaps, face care, body care and other personal care products.
   2. Pictures or illustrations of the products on our website are solely designed to give you an idea of what the product might look like. We do not guarantee that the delivered product will look the same or have the same shape, texture, color, size or form as the picture or illustration.
   3. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
3. Prices
   1. Our prices are quoted on our website.
   2. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
   3. All amounts stated in these terms and conditions or on our website do not include VAT and no VAT is charged, as the seller is an “osek patur” under Israeli law and/or the buyers are located outside of Israel.
   4. It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
   5. Should we offer special promotions, sales or discounts, we will have the right to discontinue at any time, according to our discretion, the said promotion, sale or discount.
   6. In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
4. Payments
   1. You must, during the checkout process, pay the prices of the products you order.
   2. Payments may be made by Paypal or Visa.
5. Deliveries
   1. Our policies and procedures relating to the delivery of products are set out in our delivery policy document.
6. Distance contracts: cancellation right for Israeli consumers
   1. This Section ‎8 applies if and only if you completed a contract with us for the purchase of products (hereinafter: ‘transaction’), as an Israeli consumer – that is, as an individual ordering from within Israel, acting wholly or mainly outside your trade, business, craft or profession that is ordering a delivery within the State of Israel.
   2. The Israeli Consumer will be entitled to cancel the transaction in accordance with the (Israeli) Consumer Protection Law, 5741-1981 (hereinafter: Consumer Protection Law), as described hereinafter.
   3. The Israeli consumer will be entitled to cancel the transaction from the day of the transaction until 14 days after receiving the shipment.
   4. If the Israeli Consumer is disabled (as defined in the Law for Equal Opportunities for the Disabled, 5758-1998), a senior citizen (that has reached the age of 65) or a Oleh Chadash (that five years have not yet expired from the days he was given his Teudat Oleh or Teudat Zakaut as an Oleh from the Aliya and Absorption Ministry), that Israeli Consumer is allowed to cancel the transaction within four months of receiving the shipment, as long as the communication for the transaction included a conversation between the Seller and that Israeli Consumer, which includes a conversation through electronic communication.
   5. In order to cancel a transaction on the basis described in this Section 8, you must send us a cancellation notice informing us of your decision to cancel the transaction. In every cancellation notice, the Israeli Consumer will detail his name and identification number (teudat zehut).
   6. The cancellation notice may be provided to us in one of the following ways:

1. By e-mail: meaesrim120@gmail.com;
2. By phone: +972-54-925-6970
3. By registered post: PO Box 15120, Bet Zayit 9081500, Israel; and
4. Through the contact form on the website https://meaesrim.com/contact/.

1. 1. If you cancel the transaction as an Israeli consumer a result of:

1. a defect in the shipment that is the object of the transaction;
2. a non-conformity between the shipment and the details that have been provided at the moment of the order;
3. a non-delivery, or
4. any other contractual violation by us,

we will:

1. return to you the transaction price that has been paid within 14 days of receipt of the cancellation notice;
2. send you a charge cancelling notice; and
3. not charge you any cancellation fees.

If you have already received the shipment that is the object of the transaction, you will put it at our disposition at the place of delivery and let us know about it.

1. 1. If you cancel the transaction as an Israeli consumer for a different reason than the ones outlined under sub-Section ‎8.7, we will:

1. will return to you the transaction price that has been paid within 14 days of receipt of the cancellation notice;
2. send you a charge cancelling notice; and
3. will not charge any sum from you, except a cancellation fee which will not be higher that 5% of the price of the shipment object of the transaction, or 100 New Israeli Shekel, according to the lower of the two

If you have already received the shipment that is the object of the transaction, you must return it to us at our postal address outlined under Section ‎22. The cost of sending the shipment back will be borne by you.

1. 1. If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the reasons outlined in sub-Section ‎8.7 or to send the shipment back, we may recover that amount from you, up to the contract price.

We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us.

1. 1. We will be entitled to cancel the order within 10 working days after the placement of the order if the product will be out of stock, if the credit card details or the full, necessary personal details have not been recorded the system.

In that case, we will contact you, and return the consideration to the extent that it has been paid. We will not be responsible for any damages as a result of this cancellation. In any case, the maximum compensation is the sum of the consideration paid.

1. Distance contracts: cancellation right for buyers that are not Israeli consumers
   1. If you are not an Israeli Consumer, you will not have any right to cancel the transaction or exchange products or receive any refund from the moment the order is placed, except in the cases outlined in this Section ‎9.
   2. In the case of non-conformity between the shipment and the order, you will be entitled to refund if you fulfill the following conditions:

1. you notify us of the non-conformity within 5 days of the delivery of the order; and
2. you prove to our satisfaction that such non-conformity indeed exists.

We may condition the refund upon return of the products at our expense to our return address specified in Section ‎22.

1. 1. In the case of non-delivery of the shipment, you will need to notify us immediately of the non-delivery the moment the non-delivery is clear to you, or at most 30 days after the dispatch of the order. You may be entitled to a refund according to our discretion as the risk of delivery lies with you.
2. Warranties and representations
   1. You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions;

(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

1. 1. We warrant to you that:

(a) we have the right to sell the products that you buy;

(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; and

(d) the products you buy will correspond to any description published on our website.

1. 1. All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to this Section ‎10, all other warranties and representations are expressly excluded.
2. Limitations and exclusions of liability
   1. Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

1. 1. The limitations and exclusions of liability set out in this Section ‎11 and elsewhere in these terms and conditions:

(a) are subject to Section ‎11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

1. 1. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
   2. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
   3. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself, should it exist, for the acts and omissions of our officers and employees).
   4. Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid to us under the contract.
2. Order cancellation
   1. We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

1. you fail to pay, on time and in full, any amount due to us under that contract;
2. the credit card details or the full, necessary personal details have not been recorded the system.
3. if the ordered product is out of stock; or
4. you commit any other breach of contract.

1. 1. We may also cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
   2. In the cases of order cancellation set out in this Section ‎12, we will contact you, and return the consideration to the extent that it has been paid. We will not be responsible for any damages as a result of this cancellation. In any case, our liability is limited to the sum paid to us under the contract.
2. Scope
   1. These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
   2. These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
3. Variation
   1. We may revise these terms and conditions from time to time by publishing a new version on our website.
   2. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.
4. Assignment
   1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
   2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
5. No waivers
   1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
   2. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
6. Severability
   1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
   2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
7. Third party rights
   1. A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
   2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
8. Entire agreement
   1. These terms and conditions, together with our delivery policy, our returns policy, our privacy policy and our website terms and conditions, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
9. Law and jurisdiction
   1. These terms and conditions shall be governed by and construed in accordance with Israeli law.
   2. Unless peremptory norms of civil procedure or consumer protection state otherwise, any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Jerusalem in Israel.
10. Statutory and regulatory disclosures
    1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    2. These terms and conditions are available in the English language only.
11. Our details
    1. This website is owned and operated by Rochelle Dweck (commercial name: Mea Esrim).
    2. We are registered in Israel as an osek patur under registration number three two seven three four eight five six one.
    3. You can contact us:

(a) By e-mail: meaesrim120@gmail.com;

(b) By phone: +972-54-925-6970

(c) By registered post: PO Box 15120, Bet Zayit 9081500, Israel; and

(d) Through the contact form on the website https://meaesrim.com/contact/.