1. General
1.1 This website operates at : https://cactusport.com/ ( hereinafter : the website ) , and is a virtual store for the sale of sports clothes and related accessories for women in Israel (hereinafter : " The products "). If you have any question and/or clarification and/or inquiry regarding the website or the products offered on it, you can contact customer service directly at the email address that appears on the website or on the contact page .
1.2. The terms of use stated below will apply to any use of the website and any purchase made on it, and will constitute a binding agreement for all matters between the surfers and the management of the website. If you do not agree to the terms of these terms of use, you are requested not to make any use of the site .
1.3 In addition, it is clarified that browsing the website and/or purchasing products on it constitutes your agreement to accept and follow the instructions of these terms of use and constitutes your declaration that you and/or anyone on your behalf will not have any claim and/or demand and/or claim against the website and /or any of the website owners and/or its employees in relation to the terms and instructions of use .
1.4. The website management reserves the right to change these terms of use from time to time, at its sole discretion, without the need to provide any warning and/or advance notice .
1.5. Wherever in these regulations the masculine is used, it also means the feminine and the plural is implied .
. 2 Terms of use of the site
2.1 All prices appearing on the website on the products are stated in new shekels. The prices include VAT, to the extent applicable by law, and do not include shipping fees. The website management may update the prices of the products from time to time and the shipping rates without any prior notice. The valid price in relation to the order placed on the website is the price that was published when the order process was completed .
2.2 The website management tries to be careful and update the product prices and shipping fees that appear on the website in real time. However, it is clarified that the prices are updated from time to time "online" and therefore a temporary gap may arise between the price when collecting the product (appearing in the shopping cart) and the price appearing when the order procedure is completed. For the avoidance of doubt, it is clarified that the management of the site will not bear any responsibility arising from and/or related to the aforementioned price differences .
2.3 The management of the site does not undertake to have an inventory of all the products whose pictures appear on the site, and that the pictures on the site are intended for illustration only. It should be emphasized that there may be differences in colors and/or sizes and/or changes of this kind between the appearance of the product on the website and the appearance of the product in reality .
2.4 The site management reserves the right to offer you promotions, benefits and discounts within the site at its sole discretion. Also, the website management may stop these promotions, benefits and discounts at any time, replace them and/or change them without any prior notice .
3. Kosher to use the site
3.1. Every surfer may make orders and purchases on the website if he is: 18 years of age or older, has a valid Israeli identity card or foreign passport or a corporation legally incorporated and registered in Israel, has a valid Israeli or international credit card and has an address in Israel .
3.2 It is clarified that you may use the website for personal and non-commercial purposes only. Also, do not make any use of any content, text, names or any other material that appears and/or will appear from time to time, on the website or in any marketing or advertising material of the website (hereinafter : " The content "), and others must not be allowed to use it as stated above .
3.3 You can choose a password and a username to make repeated purchases on the website. The website management reserves the right not to approve a username that it believes is inappropriate, may mislead or offend. Also, the website management reserves the right not to approve a surfer's invitation for any reason and at its sole discretion .
4. Product orders
4.1 Products will be purchased by clicking the "Add to cart" button next to the requested item (when the number of selected items and the total amount of the purchase will appear at the bottom of the screen) .
4.2 As far as the item has different types such as colors and sizes, a window will open in which it will be possible to select the requested type. When you have finished selecting the items, click on the "Your cart" link, where you can check and update the shopping cart. Next, you must choose a delivery address, type of delivery (courier or registered mail) and you can add comments. It is clarified that you can enter the credit card details on this secure page or give them by phone to the customer service of the website management .
4.3 In order to ensure that the order is executed as soon as possible and without errors, it is necessary to make sure that all the details required on the website are provided accurately, including name, address, email, telephone number and credit card number. These conditions are necessary to place the order. After the order has been approved by the credit card company , the operation will be approved and the product will be sent to you. To remove any doubts, it is clarified that the details as entered in the site administration's computers will be conclusive and final proof of the correctness of the operation. .
4.4 In the event that the transaction was not approved by the credit companies, you will receive an appropriate notification. It will be clarified and emphasized that an operation will be considered complete only after the approval of the credit companies for the transaction has been arranged. The delivery dates will be calculated starting from this date only .
4.5 It is clarified that approval of the purchase operation on the website is subject to the presence of the product in stock at the time of the order and there may be situations in which, although a certain item is shown on the website as being in stock, it is not actually in stock and cannot be delivered. In these situations, the transaction will be canceled and you hereby waive any claim and/or demand in connection therewith. If a payment was made, it will be returned to you in the same way it was paid .
5. Cancellations and returns
5.1 You may cancel any transaction and product order in accordance with what is stated in the Consumer Protection Law, 1981 - 1981 and the following regulations by virtue of it regarding the cancellation of a transaction. For the removal of doubts, it is clarified that the law states that the cancellation will only be done if the product remains in its original packaging and that it has not been damaged and/or made The cancellation fee is 5% or NIS 100, whichever is lower. It is emphasized that no refund will be given for unpaid items, such as promotions and gift vouchers .
5.2 It is clarified that the return of a product that has been damaged and/or damaged and/or has broken down and/or suffered any damage and/or whose packaging has been damaged so that its condition has changed for the worse, is subject to the right of the website management to claim damages for this. The website owner will have the sole discretion over the condition of the returned product .
5.3 The management of the site shall be entitled to cancel any transaction, in whole or in part, in the event that an unusual and obvious pen error has occurred in the offer, whether in the price of the product or in the description of the product, or if it is discovered that there has been a malfunction in communication and/or a technical problem and/or in the event of Force majeure and/or if the product is out of stock .
6. Delivery and delivery times
6.1 The website management will arrange for the delivery of each product (within the green line) through a delivery company with a purchase of over 250 NIS (and with regular delivery by Israel Post below the aforementioned amount), within the time specified on the product's sales page unless otherwise stated .
6.2 The delivery times of the products include only the calculation of business days (Sunday to Thursday, not including Fridays, Saturdays, holiday evenings and holidays) .
6.3 It is clarified that the website management will not be responsible for any delay in the delivery of the product, including in relation to the following cases: war, hostilities, epidemic, state of emergency and natural disasters, strike at suppliers or delay in ordering goods necessary for the production and/or transportation of the products, any reason which is not under the control of the website management and/or any reason related to the mission operation .
7. The privacy policy
7.1 The user of the website may transfer to the website management personal details such as height, weight, circumferences, photos, etc. (below : " The personal details It is hereby clarified to the user that he is not under any legal obligation to provide the personal details, and the provision of the details depends on the free will and consent of the user and is intended for the needs of control and improvement of the service .
7.2 At the time of registering on the website as well as during the purchase of a product or service on the website, the user is asked to join the website's distribution list and for the purposes of receiving electronic mail messages and/or text messages for convenience regarding promotions and discounts on the website. If the user does not wish to appear on the mailing list - he must state this explicitly in writing. If a user does not wish to receive notifications about promotions and discounts from the website management, he can choose not to join the website's mailing list for the said purpose, and also remove his details from the website's mailing list at the designated place at any time .
7.3 It is clarified that this website may use cookie files (especially for registered and subscribed users) and internal statistics interfaces (google analytics) in order to keep anonymous statistical records of surfers and analyze the movement of surfers, browsing habits on the website and analyze clicks and time spent .
8. Release from liability
8.1. The website, its content and any other service provided through it, are all at your disposal as they are and as they will be available. The use of the website will be done at your own risk .
8.2. Without prejudice to the generality of the above, the management of the site will not bear any responsibility whatsoever, including, but not limited to: any responsibility arising from the availability, accuracy, currentness, reliability, morality, or the possibility of using the content and/or products on the site, any representation regarding ownership and/or or other property rights, representations regarding non-infringement, representations regarding merchantability and/or suitability for any purpose, representations arising from the course of commerce and/or use .
8.3. What is stated in this section above, will apply, without detracting from the generality of what is stated above, also, but not only, with reference to any damage and/or liability and/or expense, of any kind, direct and/or indirect, that will be caused to you and/or to any person and/ or another corporation as a direct and/or indirect result of any error, omission and/or defect in content and/or any failure to act, error, omission, interruption, delay in operation and/or transfer defect, computer virus, spyware, communication failure, theft and/or destruction and/or damage to the record, unauthorized access and/or use of the record, including, but not limited to, due to a ground based on the contract, tortious ground, negligence, defamation and/or any other ground, of any kind, according to any law and/or agreement .
8.5. While the site management makes reasonable efforts to include accurate and up-to-date information on the site, the site management will not be responsible and does not make any representations regarding the accuracy of the information, and will not be responsible and / or liable for typographical or other errors as well as omissions from the content .
9. Intellectual property
9.1. All intellectual property rights on the site, including and without limitation, copyrights, patents, trademarks and signs of any other kind, trade names, design rights, moral rights, information rights, models, patents, trade secrets (below : " Intellectual property rights "), arising from and/or referring to the site and/or the products, including, without limitation, all text, material and images on the site, are the exclusive property of the site's management, or of a third party who has authorized the site's management to use it, and are protected as such by Israeli and international law .
9.2. It is strictly forbidden to copy, distribute, publicly display, transfer, modify, process, copy, translate, sell, rent or send to a third party the intellectual property rights on the website. In addition, the aforementioned on the website or the content appearing on it does not constitute an authorization and/or license and/or right to use the intellectual property rights of the website management .
9.3. Nothing in the website or content, expressly or indirectly, constitutes an authorization and/or license and/or right to use the intellectual property rights of the website management without the prior written approval of the website management .
9.4. The site may include names, company names, brands, registered or unregistered trademarks, service marks and logos (hereinafter : " The signs "). These signs are the property of their owners. There is nothing on the site, directly or indirectly, that constitutes an authorization and/or a license and/or granting the right to use these signs without the express written permission of the owners of the signs and/or the owners of the rights in the signs in connection with this use .
10. General instructions
10.1. Any case of inconsistency or contradiction between the provisions of these terms of use and any other publications, the provisions of these terms of use shall prevail for all intents and purposes. There is and will not be any validity to any information and/or presentation given in this regard, in any other way, except by the express modification of these terms of use and their publication .
10.2. Any waiver, avoidance of action or granting of an extension given by the website owner will not be considered a waiver of the website owner's rights under any law. The competent court with regard to these terms of use and/or arising from them will be exclusively the competent court in Tel Aviv and Israeli law will apply to it .