TERMS OF USE
These Terms of Use constitute an agreement between Orly Rostoker jewelry ("OrlyRostoker jewelry", “we”, “us”, or “our”) operated by Orly Rostoker-Bloomenfeld authorized dealer no. 023628100 and you ("you" or "your"), concerning your access to and your use of the Orly Rostoker jewelry online store at orlyrostoker.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You may purchase our jewelry on the Site ("Products" or "Product";).
By visiting the Site, you agree you have read, understood, and agreed to be bound by all of these Terms of Use.
If you do not agree with all of the following terms of use, please leave the site immediately.
ACCEPTANCE OR CANCELLATION OF YOUR ORDER
Once you have placed your order, you will receive an email confirming your order.
Once the Products are ready to be shipped, you will receive a second email indicating that the Products you ordered have been dispatched, and you will get a tracking number.
We reserve the right not to accept your order for any of the following reasons: (i) if we are unable to obtain authorization for payment, (ii) if shipping restrictions apply to a particular item.
In the event that any clerical error in any description of the Products or their prices, we reserve the right to cancel or not accept any order based on such error.
You can cancel your order solely by notifying us within 24 hours of your placement of the order of the cancellation.
No other cancellation shall be valid.
SHIPPING
We provide multiple shipping methods in order to insure a fast and secure delivery of your purchase.
Within Israel: We provide the choice of pickup /special delivery as follows:
1. Pickup from studio - upon prior coordination via orly.rostoker1@gmail.com
2. FREE SHIPPING! Allow 2 business days for delivery to a pick up station near your home.
3. Express delivery - allow 1-2 business days to a package to get to your door, the fee will be added to your charge at checkout.
Outside of Israel: We ship worldwide!*
1.Registered mail - FREE SHIPPING! Please allow 14 business days for delivery for most destinations.
DELIVERY IS PROVIDED BY ISRAEL POST. ANY DELAYS OR PROBLEMS ARE NOT OUR RESPONSIBILITY BUT WE WILL DO OUR BEST TO SOLVE THE PROBLEM.
2. Express delivery - Allow at least 3-4 days for delivery and a fee will be added to your charge at checkout.
DUE TO COVID THERE MAY BE DELAYS, PLEASE BE PATIENT!
*check with us shipping rates to China,
RETURN POLICY
Returns will be accepted only if the return is sent within 14 days of the delivery confirmation date.
Returns will only be accepted if an email is sent to orly.rostoker1@gmail.com
indicating that returned Products are on their way.
Only when you receive our confirmation to the receipt of the returned Products, you may exchange them for different Products.
If additional costs apply due to a price difference, we will contact you for a new charge, as we do not retain credit card information from our customers.
NOTE THAT CUSTOM MADE PRODUCTS CANNOT BE RETURNED.
PRODUCTS THAT HAVE BEEN WORN, USED OR ALTERED CANNOT BE RETURNED.
Products must be sent in a padded envelope and must indicate "returned goods" on it.
If returned Products are sent in the original padded envelope, you must take off all original postal stickers and place a new sticker or write "returned goods" on the envelope.
Products will be sent in the same postal service as were received and shipping costs are your responsibility only and will not be reimbursed.
If Products are returned due to Product defect, we will reimburse you for the return shipping charges.
WARRANTY
We give a warranty of 6 months for our Products from the date of arrival to you.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCTS IF "CARE INSTRUCTIONS" DETAILED BELOW ARE NOT FOLLOWED.
For Product defect despite adherence to the "Care Instructions" please follow the "RETURN POLICY" as to how to return the Products to us. Once we receive these returned Products, they will be replaced by new ones and sent to you at no additional cost. We will reimburse you for the return shipping charges.
Note that returned Products sent to us without notifying us by email will be declined.
CARE INSTRUCTIONS
We provide high quality Products. However, it is your responsibility to take care of them.
Follow the care instructions and help your jewelry last longer. Note that if you do not adhere to the care instructions, our warranty shall not apply.
Care Instructions:
• Avoid exposing the Products to harsh chemicals (when cleaning take them off or wear protective gloves).
• Avoid contact with perfume and cosmetics - put them first, wipe away any residue and only then wear the Products.
• Take the Products off when swimming – chlorine may damage the plating.
• Clean the Products GENTLY with a soft cloth or with the cleaning cloth provided (don’t overdo it , you might gradually wear-off plating).
• Take the Products off when working out – sweat will damage the Products.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the following are our proprietary property:
- any copyright, designs and artwork on the Site;
- any other intellectual property and materials including source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, “Content”);
- any trademarks, service marks, and logos contained on the Site, the Products or
their packaging (“Marks”);
- any Product design ("Design") owned or controlled by us or licensed to us.
These are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and regulations, and international conventions.
The Content, Marks and Designs are provided on the Site “AS IS” for your information and personal use only. You may use the Content only as expressly authorized by us and/or third party licensors. No Content, Marks or Design may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with these Terms of Use.
(2) you are not a minor in the jurisdiction in which you reside.
(3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(4) you will not use the Site for any illegal or unauthorized purpose.
(5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future transactions with you either through the use of the Site or otherwise.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Use the Site to advertise or offer to sell goods and services.
3. Trick, interfere with security-related features of the Site, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
4. Make improper use of our support services or submit false reports of abuse or
misconduct.
5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6. Use any information obtained from the Site in order to harass, abuse, or harm
another person.
7. Delete the copyright or other proprietary rights notice from any Content.
8. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites.
As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to, the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to, use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. Your Contributions are not false, inaccurate, or misleading.
4. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
7. Your Contributions do not violate any applicable law, regulation, or rule.
8. Your Contributions do not violate the privacy or publicity rights of any third party.
9. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We provide areas on the Site to leave reviews or ratings ("Reviews"). When posting Reviews, you must comply with the following criteria:
(1) you should have firsthand experience with the merchandise being reviewed.
(2) you should not be affiliated with competitors if posting negative reviews.
(3) you may not post any false or misleading statements.
(4) you may not organize a campaign encouraging others to post Reviews, whether positive or negative.
Your Reviews are regarded as Contributions, and as such must follow the requirement specified under "USER GENERATED CONTRIBUTIONS"
We may accept, reject, or remove Reviews in our sole discretion.
We have absolutely no obligation to screen Reviews or to delete Reviews, even if anyone considers Reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any Review or for any claims, liabilities, or losses resulting from any Review.
By posting a Review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty- free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to Reviews.
SITE MANAGEMENT
We reserve the right, but are not obligated, to:
(1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement agencies.
(3) otherwise manage the Site in a manner designed to comply
with any applicable laws, protect our rights and property and to facilitate the proper functioning of the Site.
We reserve the right to refuse any order based on these Terms of Use or any applicable law.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third- Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from
the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable Third-Party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you shall hold us harmless from any harm
caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Site. We also reserve the right to modify or discontinue at any time all or part of the Site without notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
DISCLAIMERS
THE SITE IS PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS AND WITH ALL FAULTS BASIS.
YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USER SATISFACTION AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PRODUCTS AND IN PARTICULAR ABOUT ANY POSSIBLE ALERGIC REACTIONS THAT YOU MAY HAVE TO THE PRODUCTS, OR ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PURCHASE OR USE OF THE PRODUCTS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR (1)USE OF THE SITE.
(2) USE OF THE PRODUCTS
PURCHASED THROUGH THE SITE; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE PRODUCT SUBJECT MATTER OF THE ALLEDGED CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site. Our Privacy Policy describes our policies with respect to any personal information that we process in connection with your use of the Site, and is hereby incorporated into these Terms of Use and serves an integral part hereof.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel without regard to its conflict of law principles.
The competent courts in Tel-Aviv shall have exclusive jurisdiction over any and all lawsuits arising
from or relating to these Terms of Use and your use of the Site, and you irrevocablly submit
to the exclusive personal jurisdiction of such courts for such purpose.
CONTACT US
If you have any questions about the Site, these Terms of Use or for other queries, please contact us via email at orly.rostoker1@gmail.com