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Terms and conditions

TERMS OF USE

Introduction
1.      The TOOSH  website is an internet website constituting a virtual store to purchase products by the public surfers over the internet. The website owner and operator are TOOSH.

2.      The provisions in these Terms refer equally to the two genders and use of masculine form is solely for convenience purposes.

3.      TOOSH allows the use of its website subject to the following terms and conditions. If you do not agree to any of the terms, you are requested not to make any use of the website.

4.      These terms constitute a binding engagement contract between the User and TOOSH, for all senses and purposes. It is clarified that surfing the website and/or performing actions through the website, constitute the user’s consent to accept and act in compliance with the provisions in these terms.

 

Online store terms
1.      The user is the age of 18 and qualified to perform binding legal actions

2.      The user is a holder of a valid Israeli or international credit card

3.      TOOSH may revise these terms of use for its web site at any time without notice

 

Purchasing Through the Site
1.      TOOSH is entitled to revise the product page from time to time and to add or remove items, to remove products that are no longer in stock, to add colors and/or sizes and to update and/or change the item price from time to time.

2.      It is clarified that the pictures on the website are solely for illustration purposes, pictures may differ from the actual products themselves, including but not limited to the colors appearing in the pictures and the details of the items. These differences derive, inter alia from the fact that the products are photographed and displayed on a computer screen.

3.      In order to make a purchase through the website, the User will be requested to type in basic details such as his name, address, electronic mail address, telephone number, and credit card number.

4.      The User must ensure to remit correct details otherwise TOOSH will not be able to guarantee that the order is processed. Your attention is drawn to the fact that knowingly remitting false details may be considered a criminal offense. Civil and criminal legal measures may be taken against those submitting false details, including but not limited to a claim in torts for damages TOOSH sustains due to obstructions relating to the operation of the website.

5.      the information that is emitted by the User through the website will serve, inter alia to send electronic mail concerning special offers or updates to the website, only after receiving the user’s permission to do so.

6.      The purchase transaction will only be concluded after TOOSH receives approval from the credit card companies that the charge has been approved.

7.      Completing the purchase transaction is also contingent upon the fact that the requested items are in stock at the time the order process is completed.

8.      In the event an item is no longer in stock and/or there is a problem with supplying the item, due to whatever reason, TOOSH will be entitled to notify the user that the order was canceled. Such notification will be delivered to the user via electronic mail and/or over the telephone, as TOOSH so choose. In such a case, the user will have no allegation whatsoever against TOOSH and by the mere fact that an order is placed the user waives any such allegation.

9.      Confirmation will be sent via electronic mail pertaining to concluding the transaction.

10. New subscribers' coupon code or other discount coupons won’t be available on sale items. There is no double discount.

 

Product Delivery
1.      Delivery of the items will be according to “ISRAEL POSTAL COMPANY” shipping policy.

2.      TOOSH will not be responsible for a delay in delivering the items due to a “force majeure”, a state of war, states of emergency and natural disasters, strikes and any other reason not within TOOSH’s control.

 

Cancellation of a Purchase Transaction
1.      The user may cancel the purchase transaction within 14 days of receiving the item provided that the product is intact and no use was made thereof by contact TOOSH. Contact TOOSH will be by email or by a phone call. After the approval of TOOSH, the user will be entitled to receive full reimbursement of the amount paid (not including shipping charges).

2.      If the user has canceled the purchase transaction within these conditions, he will have to send the product to TOOSH office.
Warranty, Security, and Privacy
1.      The credit card details of users concluding transactions through the website are not kept in the TOOSH systems since TOOSH use an external company for the purpose of clearing credit cards.

2.      TOOSH will be entitled to transfer the User’s personal details to a third party in the event the User committed an act or omission that hurts or is likely to hurt TOOSH and/or third parties, the User used the TOOSH services to commit an illegal act, if TOOSH receives a judicial order instructing it to remit the User’s details to a third party and in respect of any dispute or legal proceeding.

 

Intellectual Property
1.      In addition to other prohibitions as set forth in the terms of use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

2.      All of the intellectual property rights to all content on the TOOSH website, including but not limited to trademarks, patents, copyrights, designs, methods, and trade secrets are TOOSH’s property only.

3.      No information will be copied, duplicated, distributed, sold, marketed and translated from the website  (including but not limited to trademarks, pictures, texts, and computer code without obtaining TOOSH’s explicit permission to do so in advance and in writing.

4.      Icons, any information and/or displays appearing on the website, including but not limited to graphics, design, verbal displays, trademarks, logos, and the editing and displaying of these are exclusively owned by TOOSH and/or anyone on its behalf.

 

Indemnification
You agree to indemnify, defend and hold harmless TOOSH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

Changes to the site and termination of service
1.      It is clarified that TOOSH is entitled, pursuant to its discretion, to terminate the website’s activity at any time and without any advance notice.

2.      TOOSH will be entitled to change the list of content and/or services rendered through the website, pursuant to its exclusive discretion and without having to give any notice in advance.

3.      Prices for TOOSH products are subject to change without notice

 

Governing Law and Jurisdiction

Any claim relating to TOOSH web site shall be governed by the laws of the State of Israel without regard to its conflict of law provisions.