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Privacy Policy

 

 

1.General

 

1.1 The company’s site (hereinafter: “the site”) is a site on the internet that is an ONLINE STORE that sells clothing and fashion accessories. The company—Gertrude Ltd. tax number: 513671115.

1.2.  Activity on the site includes order or purchase of products and/or services that are offered on the site (hereinafter “activity”).

1.3.  Instructions in these regulations apply to all activity on the site and shall be the legal basis for all matters between yourself and the company. Therefore, you are requested to carefully read them in full. Surfing and/or all activity on the site constitute your agreement to act in accordance with these regulations. If you do not agree to the conditions of these regulations you are requested to refrain from using the site.

1.4. We wish to emphasize that any person using the site thereby states that he/she is aware of the site’s regulations and rules for participation and that he/she accepts them, and that he/she, or any person representing her/him has no complaint or will carry out no legal action against  the owners of the site and/or those who manage the site, or any body representing the company except on complaints relating to the company or the managers of the site, not acting in accordance to these rules and regulations of participation stated here.

1.5 The company reserves the right to change its regulations occasionally at her discretion only and without requirement of advance notice.

1.6 The users agree that the company’s computer records of activity carried out in the site will be prima facie evidence of the activity's verity.

1.7 The photographs presented on the site shall be for illustration only and do not obligate the management of the site. The company shall do its best to present the user of the site with photographs of the products that are as precise as possible.

1.8 The company is not obliged to maintain a full inventory of the designs shown in the photos on the site.

1.9 The company makes every effort to assure that the information presented on the site is complete and precise but wishes to make clear that innocent inaccuracies and mistakes may appear and the company takes no responsibility for misunderstandings that may result or are related to them.

1.10 The management of the site may update prices of the products and cost of delivery occasionally without advance notice. The price advertised at the time of purchase (time of the transmission of credit card details) is the relevant price. If the prices are updated before the purchasing process is complete, the user will be charged according to the updated prices.

1.11 The site management may offer sales, bonuses and discounts. The site management is allowed to discontinue these bonuses and discounts and to change or alter them without any advance notice.

1.12 The conditions of use of the site and its services apply to its use on any computer or any other communication device (such as a cell phone, various palm computers, etc.). They also apply for use of the site on the internet or any other communication network.

1.13  The company is not obligated to offer lower prices for the products on the site than the same products at a selling point and the user should not expect the company to offer them at lower prices on the site.

 

2. The right and legality to use the site

2.1 Those who have the right to make purchases and other activities on the site must fulfill the following conditions:

2.1.1. The user must have the right to make binding legal actions such as purchasing. In other words, the user must be above the age of 18.

2.1.2.The user must be the owner of a credit card that was legally issued by one of the credit cards companies that work in Israel.

2.1.3. The site management will make use of the user’s details only in accordance to the Privacy Policy of the site which are inseparable from these Conditions of Sale.

 

3. Manner of Sales

3.1 The company enables the purchase of various  products and services on the site.

3.2 Every product or service presented on the site is accompanied by an “action page” which includes the product or service and its price (hereinafter “action page”).

3.3 To order the product or service one must first choose the product or service and relevant information such as color, size and quantity. Then one must type in basic personal information such as name, address, e-mail address, telephone number and credit card number (hereinafter “order form”). At this point the user becomes an “operator”. For the order to proceed quickly and without error the customer must take care to provide correct details, otherwise the company will not be able to assure fulfillment of the order. If incorrect details are provided during the ordering process the company cannot promise the products will arrive at their destination. If the products are returned to the company because incorrect information was provided, the customer will be charged for handling and postage. The customer must make sure the personal information he/she types in is precise and current. The provision of incorrect information on purpose or the provision of information without permission of the person named may be illegal.

3.4 After the order is made the credit card details are approved by a clearing company. When the approval from the credit card company is received the customer will Check Out and receive appropriate notice of the approval. The purchase will be complete only after the company receives approval from the credit card company to make the charge, in accordance with the existing procedures between the company and the credit card company. Notice of the order will be sent to the customer by e-mail within up to 72 hours after the purchase approval.

3.5 The site uses an Encryption System in the standard of MAGENTO. The company will take no responsibility for damage of any kind, direct or indirect that the customer may incur if this information is lost or reaches a hostile entity and/or use is made of this information without approval of the customer.

3.6 The company wishes to emphasize and clarify that the sending of the e-mail is not evidence that the purchase has been made and that the company is bound by it. The company’s computer records and data processing, computerized records of each action on the site, as stated previously will prima facie constitute evidence of what is stated in them.

3.7 The customer will be charged for the product or service he/she has purchases by means of a credit card after the action is made.

3.8 The company emphasizes that the provision of false information may be a legal offense.  Civil of criminal charges may be made against a person who provides false information. These may include a damages suit for damages incurred by the company by disruption of sales procedures.

3.9 If the purchase is not approved by the credit card company the customer will receive appropriate notice. In order to complete the purchase the customer must contact the customer service center of the company in order to deal with the approval of the credit card company for the purchase. The company emphasizes and clarifies that the purchasing process is complete only after the credit card details are affirmed and approved by both the customer and the credit card company. In such a case the dates of delivery will be calculated from the date of the credit company’s approval of the purchase. If the credit company does not approve the purchase the order will be cancelled  and the company will have no obligation towards the customer and will not be committed to save the article in the company’s inventory.

3.10  The purchase may be completed by providing the company’s customer service center the credit card details. In such a case, the purchase will be considered complete only after the customer provides the credit card details and receives approval from the credit card company and the date of deliver shall be calculated from the time the transaction was completed. The company emphasizes and clarifies that if the customer chooses the option of contacting customer service by telephone in order to complete the purchasing process but does not call or e-mailed the company within 7 days of the initial action , the company will be free to cancel the order.

3.11 Approval of the transaction and the obligation of the company to provide the product is conditional to the product being available in the company’s inventory on the date the order is made or the customer requests. The company wishes to clarify that even if the product is presented on the site and has not been removed at the time of purchase, the company will not be obligated to sell the product if it is sold out and  unavailable in the company’s stock. The customer, or a third party, will have no basis for complaint or legal action for any kind of direct or indirect damage under such circumstances. There is nothing in this section to indicate that under the above circumstances, the company is not obligated to return the amount the customer paid, if he/she paid, or to cancel any charge in the case that a charge was made. The company emphasizes that there may be situations in which a certain product may appear on the site as if it exists in the inventory when in fact is dos not and therefore cannot be supplied. In such situations the transaction shall be cancelled and the client shall have no basis for complaint if the amount paid to the company is reimbursed to the customer.

3.12 The company reserves the right to prevent access to sales or to cancel participation of surfers whose behavior is inappropriate and does not follow the rules for participation, or who attempt to harm the proper management of sales on the site.

 

4. Method of Sales

4.1 Sales on the site are carried out in an ordinary manner. Ordinary sales are those in which the products are offered at a fixed price which is determined in advance and sold as long as the stocks last. The user chooses the product and makes the purchase in accordance to instructions on the site.

 

5. Shipment, Delivery and Delivery Date

5.1 The company will ship any product purchased on the site to an address in Israel as supplied by the user. The company will work to insure the delivery of products and services in accordance with conditions for delivery as specified on the Action Page of the products or services. The company is committed to supplying only those products that have been paid for in full by means of a credit card as specified above.

5.2  The company will not take responsibility for delays or no delivery caused by Force Majeure or other events that are not under control of the company including labor strikes, the sabbath, etc.

5.3 In areas where access is limited for security reasons the company may deliver the products to a near by place as agreed and planned in advance.

5.4 The purchased product will be delivered to the home of the customer by courier service in five business days.

5.5 The date of delivery of the products or services detailed on the Action Page is in business days as counted from the day the order was made and the date of approval for the transaction from the customer’s credit card company ( days Sunday through Thursday, not including Friday, Saturday and Eves of Holidays and Holidays). The company does it’s best to hasten the delivery date and/or adjust it to the user’s desires, in accordance with the policies of the courier.

5.6  The company emphasizes that in the case of the transaction’s cancellation after the product is sent, the cancellation is dependent on the return of the product or products that were purchased in their original packaging and that the product is whole and without damage or ruin of any kind and that it is returned to the company’s service center by courier at the expense of the customer.

 

6. Customer Service

6.1 The company invites you to call its Sales Representatives with questions regarding the products on the site.

6.2 For more details regarding the products presented on the site and its activities you can reach the company’s Customer Service at e-mail info@gertrudshop.com or telephone: 03-6399583

6.3 Representatives at Customer Service will be glad to be at your service in regard to any question that relates to the purchasing process and any other subject in order to make your shopping experience pleasant, simple and quick.

 

7. Cancellations

7.1  A user may cancel a purchase in accordance with Consumer Protection Law, 1981 (herein after :Consumer Protection Law”), as stated above, except for the purchase of certain items, detailed in section 14c (d) of the Consumer Protection Law. The purchase of these items may not be cancelled.

7.2 The cancellation of a transaction by a customer before the item is shipped:

7.3 If a customer wishes to cancel a transaction or purchase, he may do so through a telephone call to Customer Service, or by an e-mail to the company at info@gertrudshop.com with no charge.

 

8. Cancellation after Delivery of the Product:

8.1 If the customer wishes to cancel her/his order after the product was sent he/she may do so by sending an e-mail to Customer Services of the company at info@gertrudshop.com no longer than 14 days from the date the product was received.

8,2 The product may be returned on condition that the product is undamaged and that it has not been used or adjusted for the customer and that the tag has not been removed from the product and is in the original packaging in the box it was originally supplied. Under the conditions detailed above the company will reimburse the customer in full, without cancellation charges if the product is returned by the customer, however, reimbursement is limited to three consecutive returns.

 

9.Cancellation resulting from damage or inconsistency with the products shown on the site:

9.1 The customer must examine the product immediately upon receiving it. If a customer has received a damaged product or the product is different from what is shown on the site, he/she may cancel the transaction within 14 days from the date the product was received by sending notice of the cancellation via e-mail to info@gertrudshop.com at Customer Services of the company in accordance with the Consumer Protection Act, 1981.

 

10. Cancellation of a Sale by the Company and Cessation of Activity on the Site:

10.1 In any case, due to Force Majeure, if the company is unable to manage the site properly and supply its products or fulfill its other obligations, the company may cancel communication with some or all customers. In this section Force Majeure refers to what is legally acceptable such as computer problems, problems in the telephone system or other communication networks, sabotage of some kind or a security event.

10.2 The company may stop part or all activities on the site and discontinue contact with customers in the following circumstances: If causes or events that are not in control of the company or the managers of the site delay or prevent the sale of products or services for any reason, in part or full, and in any manner, or delay the ability to supply products and/or services on the agreed dates. If there are communication failures on the computer and/or telephone lines and/or any other media network that prevent the purchasing process for any reason. If there are terrorist attacks and/or any other Force Majeure disrupts the process of sales of products and/or services in any way, including the regular manner. If there are changes in the tax rates and/or new taxes on the services and products between the time of purchase of the product and/or service and the delivery date of these products and/or services.

10.3 Without detracting from the above, if after a product or service is purchased, it turns out that this product or service is not available in the inventory, the company may cancel the purchase and suggest an alternative product of equal value. When a sale is thus cancelled, the company will not be responsible for any damage, direct or indirect, financial or special that is caused to the user or a third party.

10.4 In case there is a mistake in spelling, description of the product and /or service, in the price, terms of payment, the picture of the product and/or service or any other printed material, or in the receipts, the company may cancel the particular purchase and refund the customer in full.

10.5 It is clarified here that instructions of the Consumer’s Protection Act, 1981 that are relevant to the date of purchase are the binding instructions even if the instructions in these regulations or the regulations on the web site are different.

 

11. Responsibility and Service

11.1 The company and/or the management of the web site and/or its representatives will not be responsible and will not incur  direct or indirect, consequential or special damages that are caused to the user and/or surfer and/or one who makes an order and/or a third party that result from use or purchase made on the site, that is not in accordance with these regulations, and the reason for the suit be what it may, including a loss of income and/or the prevention of profit that is caused for any reason, in such a case, the company reserves the right to cancel the specific order.

11.2 Any mistake in the description of the product will not obligate the company and/or the site management in any way.

11,3 Pictures on the site are for illustration only and and there may be differences between the some or all the pictures presented on the site and the actual products sold.

11.4 In any case the company will not take any responsibility on expenses that are larger than the cost of the product and any damage that is not direct or consequential damage.

11.5 The company will not take responsibility for delays in the supply of the product that result from events that are not in its control, for example, mistakes, delays, strikes or natural disasters, problems in the computer network or telephone network and prevent the conclusion of the purchasing process or failures in the e-mail services.

11.6 The management of the site will make every effort to supply quality products on the desired date. If a customer thinks that the products or services purchased on the site are in some way damaged he/she is invited to contact Customer Services at 03-6399586 or write an e-mail to info@gertrudshop.com  and the management of the site will deal with the complaint as soon as possible.

 

12. Intellectual Property

12.1  All rights to Intellectual Property of the company, including patents, copy rights, designs, techniques and trade secrets are the exclusive property of the company. These rights cover, among other things, the graphic designs of the company’s site, the data base on it (including the list of products, description of the products, etc), the computer code of the site, its internet address and every details related to the running of the site.

12.2 Copying, duplication, distribution, sale or marketing and translation of any information from the site (including trademarks, pictures, texts and computer codes) is not permissible without explicit advanced and written consent from the company.

12.3 Any commercial use of the company’s published data, its data base, its list of products that appear on the site or other items the company has published without prior written agreement of the company.

12.4 The company allows publication of its data on a third party site only if the source of the data is explicitly stated as originating from the company’s site. The company reserves the right to instruct the user to remove the publication or information/picture taken from the company’s site if the data is not to its liking and/or damages the interests of the company or its property.

12.5 The company allows publication of its site in an open or hidden Frame, and a link to the pages presented or to the Homepage of the company. The company reserves the right to instruct the user to remove the publication or information if in its opinion the use made of it was damaging to the interests of the company and its property.

12.6 The site may not be presented in a different design or interface from those designed for the company, unless explicit prior permission from the company is received.

12.7 The name of the company and the name of the brand (the company) of the site, the company’s trademark (whether it is registered or not), the name of the company and its trademark—are all the exclusive property of the company.  No use may be made of them without prior written permission.

12.8 Icons, any information and/or presentation on the site, including graphics, design, verbal presentations, trademarks, logos and the editing and presentation of them, is the sole property of the company. Any use of this property of the company will be made only in accordance with these regulations.

12.9 No use may be made of any trademarks or design of a product or design that appears on the site or in photographs on the site that are protected intellectual property, in accordance with Israeli law and in accordance with international agreements that the State of Israel participates in.

 

13. Confidentiality of the Data and User’s Confidentiality

13.1 The customer consents to provide his/her personal details on the order form out of his/her free will. Filling out the form indicates to Customer Services the customer’s decision to purchase the product and/or services.

13.2  The company promises not to use the customers’ personal information without the customer’s consent except in cases where the company is obliged by law or in order to prevent an abuse. The company will allow access to personal information only to those of her workers that require the information in order to provide service.

13.3  The company uses acceptable precautions in order to preserve, as much as possible, the customer’s confidentiality. Every use of a credit card number on the site is encrypted but there are cases that are not under the control of the company and/or are the result of circumstances beyond the company’s control, and the company shall not be responsible for any kind of damage caused to the customer, direct or indirect, that the customer may suffer if this information is lost or unauthorized use is made of it. The company uses the highest security standards in order to best guard the confidentiality and privacy of her customers. The company uses a PCI system for clearing credit cards.

13.4 When registering on the site and ordering products the customer is asked to provide his real personal details, among them: private name, family name, telephone number, settlement,, street, number of house, apartment, floor, entrance, comments and information concerning the action required of the deliverer  to carry out if the addressee is not at home. For data security of the information and preservation of confidentiality of the customer, details of payment will not be saved in the company data and will be used only for completion of the order of the product chosen. The explicitly  indicated fields must be filled. Without filling the  indicated information  the customer will not be able to use the services of the site.

13.5 One’s details may be recorded while surfing or making actions on the site, such as perusing the variety of  products offered for sale. The products one examines on line  are automatically recorded and computerized. These details are used by the company for monitoring and improvement of management and  sales vis a vis the customer.

13.6 It may occur that part of the services offered on the site require registration. In the registration process one will be required to chose a user name and code that will identify you when you use the site. The management of the site reserves the right to occasionally demand additional or different methods of identification. Keep your name and code secret in order to prevent abuse of them. Be sure to change your code often.

13.7 Details the customer has given and details collected about him/her during his/her use of the site, will be preserved in the data base of the management of the site. Use of the site and acceptance of the confidentiality policies indicate that the customer user agrees that his details be preserved and managed in the management’s data base. The information in the data base will be used in accordance with this  Privacy Policy and in accordance with any relevant law—for the purposes detailed below:

13.8 In order to enable the customer to use the services on the site:

13.9 In order to identify the customer during repeat entrances to the site:

13.10 In order to enrich and improve the services and content found on the site, and in order to create new services and content that suit the demands of the users of the site and their expectations and to change or delete existing services and content. The information used by the Management of the Site is largely statistical and does not identify the customer personally:

13.11 In order to enable the user to adjust the services on the site to his/her preferences.

13.12  In order to enable the Management of the Site to contact the customer and send him/her emails occasionally with information about the company’s services and products, as well as publications about other services and products. Such information will be sent to the customer in accordance with explicit agreement given while registering on the site or on other occasions. The customer may cancel his/her agreement at any time and stop receiving mail and advertisements from the management of the site.

13.13  It is clarified that agreement to this PrIvacy Policy serves as agreement to instructions in section 30a of the Communications Act (Bezek and Services) 1982:

13.14 In order to contact the customer if necessary:

13.15 For analysis, control and provision of statistical data to third parties. This data will not identify the customer personally:

13.16 For any other purpose  detailed in this Confidentiality Policy and conditions of use and purchase on the site.

13.17  The Management of the Site will not provide third parties with the customer’s personal details or information about their activity on the site, except in the following cases:

13.18  If it is necessary for the proper provision of the services of the site, and in order to achieve the purpose the data collection,  as specified above and if necessary:

13.19 If the customer does to act in accordance to the conditions for use and purchasing on the site, or if the customer uses of the site, or in relation to it acts in a manner that is perceived as illegal or attempts to carry out such activities:

13.20  If the Management of the Site receives an injunction that requires the provision of a customer’s personal details or information about him/her to a third party, let there be no doubt that the company is not committed to oppose or resist any request to an injunction that requires it to reveal personal details of a customer to a third party.

13.21 In relation to any complaint, legal suit, demand or legal action, if there are such, between a customer and the Management of the Site:

13.22 The Management of the Site has the right to reveal details about the customer and information gathered about his/her use of the company’s site to other organizations related to the Management of the Site, such as a mother company, daughter company and sister company provided that they use this information only in accordance with this Confidentiality Agreement;

13.23  The Management of the Site has the right to reveal and share anonymous information, aggregates and statuses with other companies and organizations that are connected to the Management of the Site and with suppliers, business partners, advertisers or any other third party at their exclusive discretion, but the company will not knowingly or purposefully reveal the identity of a customer without explicit permission;

13.24 The company may use “Cookies” for the purpose of regular and proper maintenance of the site and in order to collect statistical data about the use of the site, to verify details. to adjust the site to the personal preferences of the customer and for data security purposes. “Cookies” are textual files that the browser of the customer’s computer creates  by order of the Management of the Site’s computer. Some of these “Cookies” will expire when the customer closes his browser and others are saved on the hard disk of his/her computer. The “Cookies” contain various information such as pages that the customer has visited, how much time the customer spent on the site, and from where the customer arrived on the site, columns and information that the customer wished to see when he/she entered the site, and more. They are also used in order to make unnecessary the need to enter the customer’s details each time he/she visits the site on pages that require logging in, if there are such. The information in the “Cookies” is encrypted and the Management of the Site is careful to make sure that only the Management of the Site is able to read and understand the information collected in them.

13.25 A customer who does not wish that “Cookies” collect on his personal computer may avoid them by changing the definitions on the browser in his computer. For instructions how to do this, please refer to the help icon on your browser. One should take into account that cancellation of the “Cookies” may cause some of the services and content in the site or in other internet sites to be unavailable. In addition, “Cookies” may be erased from the computer at any time.

13.26 The company has the right to allow third party companies to advertise on the site and/or manage advertising presentations on the site. Advertisements that the customer sees when visiting the site originate in the computers of these companies. In order to manage their advertisements these companies use the tools intended to help them understand the customer’s preferences. For example, these companies may install “Cookies” in the customer’s computer and insert Web Beacons in the advertisements, or  on the pages of the site. The Web Beacons are tiny graphic files that have a unique identifier that are installed on internet pages whose purpose is to enable the collection of information about the viewing and use of the site. The information collected does not identify the customer but only seeks to adjust the advertising shown to him/her to subjects that will interest him/her. The use made by these companies of Cookies and Web Beacons is limited to their  Privacy Policy and to the policy of the Site Management. These companies have no access to the Site Management’s Cookies and the Site Management does not have access to their Cookies. If the customer wishes to examine the Privacy Policy of the companies that manage the advertising on the site, he/she may do so on their sites.

13.27 The Site Management uses systems whose purpose is to optimize security of the information on the site, in accordance with accepted standards. Although these systems limit the dangers of unauthorized entrance into the company’s computers, they are not totally secure. Therefore, the Site Management does not guarantee that the services on the site will be totally immune from unauthorized access to the information stored in them.

13.28 According to the Privacy Protection Act, 1981 - every person has the right to review the information related to him/her that is stored in the company’s data, either personally or by his/her legally appointed counsel or guardian, if there is information about him/her in the company’s data base. If a person, after reviewing the information about him/her finds that the information is untrue, incomplete, unclear or not currant, he/she may request from the owners of the data to correct the information or to erase it. If the owner of the site refuses he must give notice of the refusal to the person who requested it in the manner prescribed in the regulations. The person who requests to  review the information about him/her in the data base may appeal if the owner of the data base refuses to change or erase the information in the manner prescribed in the regulations.

13.29 For more information please review the Privacy Protection Act:

http://www.knesset.gov.il/review/data/heb/law/kns9_privacy.pdf

13.30 The Site Management has the right to to occasionally change its Privacy Policy if it does so in accordance with the law.

13.31 One may review the Privacy Policy of the company by pressing on the appropriate link on the site

 

 14. Additional Conditions

14.1 A mistake in the description of a color and/or appearance of a color, and/or the manner in which the color appears on the user’s screen, will not oblige the company in any way. The color catalogue on the site is intended for illustration only and there may be differences between the colors presented on the site, in part or completely, and those on the actual products.

14.2 The company is not responsible for content advertised in the links accessible on the site that lead to other sites, if there are such.  The company makes no promise that the links will lead the user to active internet sites.

14.3 Interpretation and enforcement of these regulations and/or any action or conflict related to it will be carried out in accordance with the laws of the State of Israel, and will be settled, if necessary in the Tel Aviv-Jaffa courts.

14.4  In the presentation of the store, products and services, the company expresses no opinion about the  store, quality or nature  of the products and services offered on the site.

14.5 Computer data of the company about activity that is carried out on the site will constitute the verity of the actions.

14.6  The company reserves the right to to change these regulations and rules of participation from time to time. Only those rules that are published in the Regulations on the site will be binding for the users on the site.

14.7 It is clarified that when a customer joins the services on the site or as a member of the Customer Club of the chain and fills out his e-mail address and cell phone number he/she is thereby consenting to receive notices and marketing material that the chain disseminates and/or will disseminate about sales, discounts and exclusive benefits given and/or will be given to members of the customer’s club, by means of text messages that will be sent directly to the customer’s cell phone, and for this purpose be included in the mailing list of the chain.

 

 

 

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