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Terms and Conditions

JOULOU Website Terms and Conditions of Use

Welcome to JOULOU at www.joulou.co.il (hereafter “the website”). The website is a virtual marketplace for the purchase of unique jewelry designed through JOULOU (hereafter “the products”) by the website’s users (hereafter “the user”).

The website is managed and operated by the MAKE A JOULOU Ltd. Company.

Introduction

You are requested to carefully read the complete terms and conditions of use as a prerequisite for all communication with the website. Please note that surfing on the website and/or purchasing items on the website constitute your consent to accept and follow the policies and terms of use. The user and/or persons acting on his behalf will not have any claim and/or complaint against the website and/or MAKE A JOULOU Ltd. and/or the company’s agents which contradict the website’s policies and terms of use. If you have any reservations or if you do not agree to the policies and terms of use, you are asked to refrain from using the website. When placing an order, you agree to the policies and terms of use without reservation and accept all of its conditions.

For the sake of clarification, the policies and terms of use apply to every visit and/or use of the website by means of any terminal device – be it by computer or any other communications device (such as cell phones, palmtops of any kind, and the like), whether through the Internet or through any other network and/or means of communication.

The policies and terms of use of the website are occasionally expressed in the masculine form for reasons of convenience only, and they equally refer to both genders alike.

The policies and terms of use form the basis for any litigation concerning the use of the website.

Any person, including any company or body legally incorporated in the United States has the right to use the website, subject to the conditions detailed below:

The user declares that he is qualified to perform legally binding actions;

in so far as actions are performed on the website by underage persons (below the age of 18) or by any other user who is not fit to perform legal actions without his legal guardian’s consent, the user must inform a parent and/or legal guardian with respect to the policies and terms of use and obtain their permission and consent to perform any action on the website. The parent and/or legal guardian are responsible for informing the minor who is interested in surfing the website about the provisions anchored in the policies and terms of use and for supervising his actions. It is emphasized that any action performed by an underage person on the website constitutes the consent of the underage person and/or parent and/or legal guardian to the policies and terms of use;

the user must have a valid email address;

the user must be the holder of a valid international credit card and/or any other legal means of payment. It is absolutely prohibited to use a third party’s credit card without their permission and consent.

The policies and terms of use of the website oblige the user, MAKE A JOULOU Ltd. and /or anyone acting on their behalf, the website and/or anyone acting on their behalf and their legal successors.

The policies and terms of use and/or any other document that might replace the regulation of the Website’s policies and terms of use may be subject to change from time to time, in accordance with the sole discretion of the website’s management.

The user must visit the website from time to time in order to keep informed about the current policies and terms of use.

The policies and terms of use will become effective upon their publication on the website.

The website’s management reserves the right to terminate the website’s activities at any time and without prior notice.

The nature of the website:

The website is the website of MAKE A JOULOU Ltd. and a virtual marketplace for the purchase of designer jewelry.

The website enables to get an impression of a wide range of products as well as the purchase from a unique collection of jewelry.

The unique pieces of jewelry are made from 925 silver, gold-plated 925 silver as well as 14k and 18k gold.

The website’s management invests great efforts in order to provide website users reliable, comprehensive, available and precise content.

The use of the website:

The website may not be used for illegal activities.

The use of the website is intended for private purposes only/the purchase of jewelry. The website may not be used for commercial and/or other purposes which have not been permitted both in advance and in writing by the website’s management. The purchase of jewelry takes place for private purposes only, and the buyer commits to not trading with the jewelry and/or selling it to third parties. The company will have the right to block and/or refuse to connect to the customer according to the company’s sole discretion and choice.

Website users will not acquire rights to the website and/or any other rights inherent in and/or connected to the website, except the right to use the website as detailed in the current policies and terms of use.

For the avoidance of doubt: It is prohibited to use or enable the use of application software or any other device, including programs such as Robots, Crawlers and such, for purposes of searching, scanning, copying or automatically retrieving content from the website. It is prohibited to produce or use such means for the creation of collections, stockpiles or reserves containing content from this website without the explicit written consent of the website’s management.

By using the website and/or within the framework of your relationship with MAKE A JOULOU Ltd., you commit to submitting correct, precise, current and complete details on your identity.

Should there be any suspicion that any person or body is using or has been using another person’s details, the user must immediately inform the website’s management about this.

The website’s management has the right, at its sole discretion, to prevent a certain user from using the website. In addition, the website’s management is also entitled to terminate the use of the website for any user.

Payment through the website takes place by means of credit card and/or PayPal and/or payment via telephone through one of our representatives who will be happy to be at your disposal.

We Accept Most Credit Cards.

Your credit card information will not be stored on our servers. Our company commits to not transferring credit card information to third parties without legal permission to do so. Our customers’ data security is of utmost importance to us, and we implement the most advanced systems and procedures for the sake of our customers’ data security, including the utilization of a 128-bit connection for the encryption of information as well as connections to secure servers which warrant that purchases take place in a safe way.

In addition, we take all customary safety measures in order to guard the confidentiality of our customers’ information and of all personal user data as far as possible. In accordance with the user’s request, the details are stored on the website for the sake of direct mailing. To deactivate this function, please contact JOULOU’s customer service in writing at:  info@jouloujewelry.com The execution of the arrangement is likely to take 14 days from the receipt of the request.

As a company, we take our customers’ data safety very seriously. Any information received on the website, whether submitted by the customer or whether collected by cookies while using the website, will exclusively be utilized by JOULOU’s website for the documentation of a customer’s purchases and for the benefit of future performances. We do not sell and/or lease and/or trade this information to or with third parties.

Cookies Policy: MAKE A JOULOU installs small information packages, also known as “cookies”, on the computers and mobile phones of its customers. This is standard procedure among all Internet shops.

Cookies are an integral part of MAKE A JOULOU , and they practically enable us to create a top quality shopping experience at the highest level for you.

By the release of this mechanism, MAKE A JOULOU is able to analyze the purchasing and search behavior of all its customers and tailor their user experience to their preferences.

Everyone making use of JOULOU’s website declares hereby that he is aware of the company’s cookie policy and accepts it.

Of course, the customer will be able to deactivate “cookies” if he wishes to adjust his browser accordingly.

The user commits to reporting to the website’s management any offensive, misleading or inappropriate post he encounters while using the website and the website’s management will do everything in its power to remove these contents of offensive and/or misleading and/or inappropriate character.

The website’s management will make all efforts to ensure that the website and its services will be available. At the same time, it is not possible to commit to an uninterrupted availability without failure. In any case of a defect on the website, the website’s management will do its best to restore the website’s operation as fast as possible, and the same applies to shutdowns due to maintenance. It is noted that there will be no monetary compensation or credit for the interruption of the website’s operation, even if this will cause the user and/or third parties any kind of direct or indirect damage.

Purchasing and Ordering Products

The presentation of the products on the website does not constitute an “offer”, and to avoid doubt, the process of purchase by the customer will not mean “acceptance” [of a contract]. The company will have the right to refuse jewelry orders at its complete and sole discretion and without giving any reasons for its refusal.

The products are ordered by the customer on the website. The entry of all details in a precise and complete manner constitutes a prerequisite for making a purchase.

If not indicated otherwise, the prices appearing on the website include taxes.

The website’s management reserves the right to refuse the acceptance of orders from users in accordance with its sole discretion, and the customer will have no claims when the purchase he wishes to make is not made possible or canceled.

Purchases take place by choosing from the range of catalogues and products on the website by clicking on the desired product, personalization, indication of the desired quantity and by clicking on “Add to Cart” (hereafter: the “purchase process”). It is emphasized that part of the products on the website requires additional selection steps.

After completion of the purchase process, payment can be made by clicking on “Send Order”.

The customer then is required to choose a payment method.

The jewelry will only be shipped after full payment for the purchased products has been received.

Delivery by courier is subject to an additional fee, depending on the company’s shipping policy.

To prevent problems, the customer must take care to provide correct and full information within the framework of the purchase process. Among others, he must submit the following details: First and last name, phone number, electronic mail address, the full delivery address. The deliberate submission of incorrect information constitutes a violation of the terms of use and the statues, and under certain circumstances, legal steps might be taken against such users.

Payment on the website takes place by means of credit card charges and/or through PayPal and/or payment via telephone through one of the representatives of MAKE A JOULOU Ltd. (hereafter: “Method of Payment”) who will contact the customer to complete the purchase. It is made clear that MAKE A JOULOU Ltd. is not obliged to keep the order for the customer.

After the completion of the purchase process and confirmation of the payment method, the customer will receive a notification confirming the purchase. It is made clear that the website’s management will charge the customer’s payment instrument for the purchase of the product/s immediately upon completion of the purchase process on the website.

In so far as no confirmation of the payment method used for the purchase has been received, the user will receive an according notification and he will be requested to provide an alternative payment method. Under these circumstances, the website’s management does not commit to keeping the product’s order for the user. It is made clear that the order will not be processed before the payment method has been confirmed.

The order of products is subject to their availability in stock and depends, as said, on payment confirmation as well as final confirmation by the website’s management. In so far as the product is not in stock, the website’s management will not be obliged to supply it. The user will have no claim and/or demand of any kind in regard to this matter for any kind of direct or indirect damages caused to the user and/or third parties. Under such circumstances, the website’s management will return any amount paid by the user, in so far as he has paid, and/or will cancel the charges on the payment instrument, if any were made.

The user declares that he is aware of the laws and provisions regulating the use of credit cards in all matters relating to “remote purchases” and/or “Internet business”.

It is made clear that the images on the website serve purposes of illustration only. To the extent that there will be an error in the product’s description and/or a product’s image, the website’s management will have the right, but not the obligation, to cancel the specific order.

Supply of Products:

The customer must make sure that the selected product, the delivery address and other required information are correct and accurate. The website’s management will not accept any responsibility in cases where the order was filled in in a negligent way, including cases where the user entered faulty information, where the order’s quantity is mistaken or the wrong product was ordered. It is emphasized that it is the user’s obligation to fill in the correct information, and to the extent that errors occurred concerning the order’s quantities or that incorrect information was entered and/or submitted, the website’s management will not accept any responsibility for this.

After the completion of the purchase on the website and the confirmation of the payment method as described above, the product will be sent to the user by means of the selected shipping method to the user’s delivery address.

The dispatch on the website is carried out by means of

and according to the policies

and/or by means of a delivery company ordered by the website’s management

The website’s management declares that production time including time for shipping amounts to up to 9 business days

The website’s management does not commit to the purchased product’s delivery time and will not bear any responsibility in case of delays which are not the result of its actions, including, as mentioned, in case the user has submitted faulty information, in cases that are connected to the actions of other suppliers and/or to the product stock and/or in cases of “force majeure” and/or in other cases which are not under its control, including problems on the side of the delivery company or any other problem resulting from actions or omissions of the delivery company, from means of transportation or from any other factor which is not under the control of the website’s management.

It is made clear that, in so far as the website’s management indicates a delivery time for a specific product, this is an estimated delivery time that depends on the product’s availability in stock and/or on the delivery company.

In cases in which the delivery company does not provide services to the address named by the user, the shipping costs will be the amount as defined by the delivery company and upon prior coordination with the customer.

Order Cancellation and Product Return Policy

The way of purchasing products and cancelling purchases on the website are subject to customer protection legislation.

To the extent that a user wishes to cancel an order before its shipment, he can do so by submitting an according written request by electronic mail to info@jouloujewelry.com. Requests that are not in writing will not be accepted.

The cancellation of an order after it has been shipped can be undertaken within 14 days after the product has been received and upon prior notification by electronic mail to info@jouloujewelry.com.

The right to cancel an order is subject to the product’s return by the user to the following address: MAKE A JOULOU  FULFILLMENT CENTER, 208 PATERSON PLANK ROAD UNION CITY, NJ 07087, in its original packaging only, and the product must be undamaged and not have been used. The above will not affect the right of the website’s management to obtain any other remedy it is legally entitled to.  

It is made clear that the website’s management is not responsible for any loss and/or damage occurring in the course of the product’s shipment from the customer to the company. Responsibility for returning the product lies exclusively with the user.

Upon cancellation of an order, the customer’s payment instrument will be credited, minus administrative fees in the amount of 30% of the order’s value for a personalized product.

The electronic mail message must indicate the reason for the order’s cancellation and/or exchange.

The website’s management will not enable the cancellation of an order and will not be responsible for any damages or liabilities in cases where the products has been exposed to extreme environmental conditions which are not in accordance with the reasonable use of the product and/or with any existing instructions for use.

The website’s management commits to providing the user with intact quality products. The user is obliged to examine the product immediately upon receipt and to report to the website’s management, without delay and no later than fourteen (14) business days from the receipt of the product, on any discrepancy or defect, in writing, and enable the website’s management to correct the defect and/or the discrepancy and to exchange the defect product with an intact one which will be sent after the defect product has been returned. To the extent that the discrepancy or the defect cannot be corrected and/or to the extent that the user refused the offer made by the website’s management, his money will be returned to him in full after he has sent the product to the following address: MAKE A JOULOU  FULFILLMENT CENTER, 208 PATERSON PLANK ROAD UNION CITY, NJ 07087, and the product has been received by the website’s management.

The website’s management reserves the right to cancel an order in certain cases, including but not only, in the following cases: To the extent an error is detected, including human error, concerning the product’s details, characteristics, its price, etc., as they appear on the website; to the extent that it becomes clear that the order of the product took place in contradiction to the agreement and/or to the terms of use and/or with damage to any third party. Notification of an order’s cancellation by the website’s management will be sent to the user by electronic mail to the address he submitted.

Intellectual Property

This website features original content for which MAKE A JOULOU Ltd. owns the intellectual property rights, as well as content and information for whose utilization MAKE A JOULOU Ltd. has the requisite permission.

The use of the website does not grant the user any right to utilize the intellectual property of MAKE A JOULOU Ltd. and/or of the website’s management and/or of any third parties.

Said content may not be copied, entirely or in part, nor publicly presented, distributed, publicly implemented, brought into the public domain, modified, processed or used for derivatives, sold or leased by any means whatsoever, without prior written consent from MAKE A JOULOU Ltd. and/or by the website’s management. The use of said content as well as the use of any trade mark appearing on the website and/or any website logo is strictly forbidden without the explicit prior permission, in writing, from MAKE A JOULOU Ltd. and/or the website’s management.

Collection of Data, its Storage and Security

The website is operated in accordance with the PCI DSS (Payment Card Industry Data Security Standard) in order to guarantee the protection of the user’s credit card details.

The website’s management has agreements with the Yaad Sarig company and a leading credit card clearing and security company for the clearance of payment instruments.

The credit card details of users are not registered on the website.

At the same time, it is made clear that the website’s management cannot promise absolute immunity concerning the information on the website against the intrusion of hostile elements and/or the exposure of information on the website by other illegal actions. In so far as a third party penetrates the website and/or utilizes the information in any other way, including in cases  constituting “force majeure”, the user will have no claims and/or demands against the website’s management.

The website’s management has the right to collect and store any information resulting from the use of the website.

In addition, there might be routine activities on this website for the collection of additional information in regard to the website’s users, mostly resulting from the website’s designation to provide its users with an enjoyable, efficient and personalized surfing experience tailored to each user individually. For this reason, the website has been enabled to adapt interesting contents to each user and to facilitate the content’s availability.

When you use the website, you permit the website’s management to make any use it deems appropriate and right, of unidentified information about you and your habitual use of the website and even transfer this information to third parties as long as the transferred information does not contain anything that makes it possible to personally identify you.

Any information collected by the site will be stored by the website for the above described purposes and not be transferred to third parties of any kind.

Without derogating from the above it is hereby agreed that the website’s management has the right to assign its obligations (if there are any) and to transfer its rights, at any time, in accordance with these terms of use and at its sole discretion, to a third party receiving the rights to the website. When you use this website, you agree to this in advance.

It is made clear that upon termination of the connection to the website, the website’s management will have the right to delete from the server all digital information found at its disposal in regard to the user, and the user will not have any claim and/or demand and/or opposition in connection with this procedure.

Delivery of Advertising Messages

When you use the website, you agree that the personal data you submitted will be included into the website’s database. Similarly, by purchasing products on the website, you give your consent to receiving various messages from this website, be it by means of electronic mail or any other means.

The website is aimed at updating its users with various publications. Updates, as mentioned, may be sent to the electronic mailboxes indicated by users while registering on the website or while visiting it. When you use the website, you hereby give your consent to receiving various publications, among them such with promotional content, including through direct mailing, in accordance with the communications law (Bezeq and Communications), of 1982. Promotional content may be delivered in a variety of ways, among them but not only, by electronic mail, by SMS, Fax, direct mailing, automatic telephone calls and such.

In case that you are not interested in receiving this kind of messages, feel free to send a request to be removed from the website’s mailing list, and the website will stop sending you messages as soon as possible and no later than seven (7) business days from the receipt of your notification.

About Spam:

Violation of the Policies and Terms of Use

The website’s user commits to indemnifying the website’s management and/or MAKE A JOULOU Ltd. and/or any person acting on their behalf against all damages, loss of profit or expense resulting from a violation of these policies and terms of use by you (the user), including legal fees. The indemnification will not affect the right of the website’s management and/or MAKE A JOULOU Ltd. and/or any person acting on their behalf to obtain any other remedy they are legally entitled to. 

The user will compensate and indemnify the website’s management and/or MAKE A JOULOU Ltd. and/or any person acting on their behalf and/or any third party concerning any claim, complaint, demand, loss and loss of profit, payment, expense, costs and liabilities, including payment of interest and payment of attorney’s fees and court expenses which are incurred for the website and/or MAKE A JOULOU Ltd. and/or any person acting on their behalf as a result of the user’s non-compliance with the provisions of the policies and terms of use.

When using the website, the user hereby gives his consent that this indemnification obligation of his will be applicable in any case, whether the website and/or MAKE A JOULOU Ltd. and/or any person acting on their behalf are a party to the action or not.

Without detracting from the generality of the above will the user pay the amount of damages resulting from his responsibility, as mentioned above, immediately upon being first requested to do so by the website’s management and/or MAKE A JOULOU Ltd. and/or any person acting on their behalf. The payment request will serve as conclusive and final evidence for the necessity to indemnify the website’s management and/or MAKE A JOULOU Ltd. and/or any person acting on their behalf for the damages caused in said matter.

The user is prevented from making any complaint and/or claim and/or demand towards MAKE A JOULOU Ltd. and/or any person acting on their behalf in regard to anything concerning the user’s limitation of responsibility for said damages.

Choice of Jurisdiction and Miscellaneous

The law applying to the policies and terms of use are the laws of the State of Israel.

The sole jurisdiction concerning all disputes arising from the policies and terms of use or the use of the website lies with the competent courts in Tel Aviv.

Please feel free to contact us in regard to the website or the policies and terms of use. We can be reached , on the website, through social media and by electronic mail (info@jouloujewelry.com).

Representatives of the website’s management are committed to responding to your request within seven (7) business days.

 

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