Terms and Conditions

1. General**

1.1. Welcome to the website https://www.SAMPLE-IL.COM (hereinafter: “the Website”) which is a website that constitutes an ONLINE store for selling clothing and accessories manufactured by the Sample brand. The owner and operator of the website is Sample Ltd. 040811747 (hereinafter: “the Company”). Address: 3 Shulamit Street, Netanya.

1.2. An action on the website is any action of ordering or purchasing products offered on the website (hereinafter: “Action”).

1.3. These terms and conditions are written in masculine language for convenience only and should be read as referring to feminine language as well.

1.4. The provisions of the terms and conditions and the provisions of the privacy policy shall apply to all use of the website, and shall constitute the legal basis in any matter between you and the Company (the terms and conditions and privacy policy shall be referred to hereinafter together as “the Terms”). Due to this, you are requested to read the Terms in their entirety and carefully. Browsing and/or any action on the website constitutes your consent to accept and act according to the Terms, therefore if you do not agree to any of its conditions you are requested not to make any use of the website.

1.5. Use of the website constitutes a declaration that you are aware of the provisions of the Terms and your explicit consent to what is written therein, and that you and/or anyone on your behalf shall have no claim and/or demand against the Company and/or anyone on its behalf, except for claims related to breach of the operator’s obligations according to the Terms.

1.6. The Company reserves the right to change the Terms from time to time at its sole discretion without the need to give warning and/or prior notice. Please make sure to review and update yourself with the terms of these Terms since the very use of any user on the website constitutes consent to the Terms. Continued use of the website by the user indicates their consent to these changes. If the user is not interested in this, they should refrain from continued use of the website.

1.7. The user agrees that the Company’s computer records regarding actions performed through the website shall constitute prima facie evidence of the correctness of the actions.

1.8. Photographs and/or drawings of products displayed on the website are for illustration only and do not bind the website management. It is agreed and clarified that the Company will strive to do its best to present to website users photographs and data as accurate as possible regarding the products.

1.9. The Company does not undertake to maintain inventory of all models and/or clothes whose images appear on the website.

1.10. The Company does everything in its power to ensure that the information displayed on the website will be the most complete and accurate information, but it will be clarified that inaccuracies or errors may appear in it, in good faith, for which the Company will not bear any responsibility arising from them or related to them.

1.11. The website management may update product prices on the website and shipping rates from time to time without the need for prior notice. The price valid in relation to an order placed is the price published when the order process was completed (including the provision of credit card details). If prices were updated before completing the order process, the user will be charged according to the updated prices.

It is clarified that the prices displayed on the website are the original prices of the relevant item, unless otherwise indicated/marked by the Company [for example, deletion by line and/or any other possible marking/indication, at the Company’s discretion].

1.12. The website management may offer promotions, benefits and discounts on the website. The website management may at any time stop these promotions, benefits and discounts, replace them or change them, without the need to give any prior notice.

1.13. The terms of use of the website apply to the use of the website through any computer or other communication device (such as a mobile phone, handheld computers of all kinds, etc.). They also apply to the use of the website whether through the internet network, or through any other network or means of communication.

1.14. It is clarified that the prices of items offered on the website may be different from the prices of items sold in the Company’s physical store. In any case, the Company does not undertake that the prices of items on the website are identical or lower than the prices of items in the physical store and one should not rely on the prices on the website as if the Company undertook to offer them at an identical or reduced price.

1.15. The payment methods that the customer can use are as follows:

1.15.1. Credit card.

It is not possible to place orders and pay using any other type of prepaid card. It is also not possible to place an order using a credit voucher given to the customer in stores on an invoice.

**2. The Right to Use the Website**

2.1. Any customer who meets the following cumulative conditions detailed below may participate in the sales process in order to perform actions including purchases:

2.2. The user is the holder of a valid credit card issued lawfully by one of the credit card companies also operating in Israel or has received the voluntary consent of the holder of such a credit card to use it.

3. Method of Sale

3.1. The Company allows a user who meets the conditions of section 2 above (hereinafter: “the Customer”) to purchase products through the website provided you meet the conditions of section 2 above.

3.2. Some services on the website may require registration. As part of the registration process you will be required to choose a username and password that will identify you when using. The website management may determine from time to time additional or other identification methods. The customer must keep the username and password confidential to prevent misuse. The customer must take care to change the password frequently.

3.3. For each product offered for sale, an “action page” is displayed, showing the product offered for sale and the product price (hereinafter: “the Action Page”).

3.4. To place an order for a product, first select the product including size, color and quantity. Then, enter correct and accurate basic details such as first name, last name, residential address, email address, phone number and credit card number and comments and information regarding the action the courier is requested to perform if the recipient is not at home (hereinafter: “the Order Form”), and then the user becomes the “Action Performer”. For reasons of information security and customer privacy protection, your payment method data will not be stored in the website management database and will only be used to complete the order of the product you selected. Fields specifically marked are mandatory. Without providing the requested data in the mandatory fields you will not be able to use these services. To ensure the order is completed quickly and without problems, care must be taken to provide correct details otherwise we cannot guarantee order completion. If incorrect details are provided when placing the order, the Company cannot guarantee that the products will reach their destination.

3.5. After performing the action, credit card details will be verified through the clearing company and after receiving approval from the credit company and performing a CHECK OUT action by the customer, an appropriate notice will be given that the action has been approved, with emphasis that the purchase transaction will only be completed after the Company receives approval from the credit card company for charging, according to the work procedures existing between them and the Company. Confirmation of order completion will be sent by email within 72 hours of order approval.

3.6. The website uses an encryption system in PCI-DSS standard. The Company will not be responsible for any damage of any kind, indirect or direct caused to the customer or anyone on their behalf, if this information is lost or reaches a hostile factor and/or is used without authorization.

3.7. It will be clarified and emphasized that sending the email does not constitute evidence of performing an action and does not bind the Company. Computer records of the Company’s data processing, which maintains a computerized record of all actions on the website as mentioned, shall constitute prima facie evidence of what is stated therein.

3.8. Charging the action performer for the cost of the product purchased by them will be done through the credit card after performing the action.

3.9. In case the transaction is not approved by the credit company, the action performer will receive an appropriate notice. To complete the purchase, the action performer will be required to make telephone contact with the Company’s customer service center, to arrange approval from the credit company to perform the transaction. It will be clarified and emphasized that an order and purchase action will be considered complete only after credit verification. In such a case, shipping dates will be calculated from the date of transaction approval by the credit card company. Without final approval from the credit company for transaction approval, the order will be void and the Company will not be obligated to the customer in any way including not maintaining the product in inventory.

3.10. Approval of the purchase action and the Company’s commitment to supply is conditional on the product being available in the Company’s warehouse inventory on the requested supply date and/or on the order date. It will be clarified that even if it was not stated that the product does not exist in inventory and the product was not removed from the website until the order date, the Company will not be obligated to sell the product, and the customer will have no claim and/or demand in this matter for any type of damage, for direct damage or indirect damage caused to the customer and/or to a third party. Nothing in this section detracts from the Company’s obligation to return to the customer any amount paid if indeed paid to the Company or to cancel the charge if made. It should be emphasized and clarified that there may be situations where although a certain item is displayed on the website as existing in inventory, in practice it does not exist in inventory and cannot be supplied – in these situations the transaction will be cancelled and the customer will have no claim in connection with this subject to return of the amount paid to the Company by the customer.

3.12. The Company reserves the right to prevent access to sales and/or cancel participation of surfers whose behavior is inappropriate or not according to participation rules, or who try to harm the proper management of sales on the website.

4. Method of Sale

4.1. The sale on the website is by regular sale method for all intents and purposes. Regular sale is sale of products at a pre-fixed price until inventory runs out. The user chooses a product and makes the purchase according to the instructions on the website.

4.2. The Company may offer promotions, benefits and discounts on the website and may at any time stop these promotions, benefits and discounts, replace them or change them, without the need to give any prior notice.

5. Supply, Transport and Shipping Dates

5.1. After approval of the purchase action, the Company will arrange for supply of every product purchased by you on the website to the address in Israel that you typed when making the purchase. The Company will act to supply the products or services according to the supply conditions stated on the action page of the products or services. The Company undertakes to supply only a product that has been paid in full by credit card as detailed below.

The Company will perform shipping through an external shipping company. Shipments will be made to areas reached by the external shipping company and all subject to the policy of the external shipping company including regarding commitment to shipping date. The Company is not responsible for delays by the external shipping company. In case approval was received from the customer to leave the shipment by the door or in an electrical box, the Company will not be responsible for any damage and/or loss and/or indirect or consequential damage of any kind caused to the shipment as a result.

5.2. The Company will not be responsible for any delay or delay in supply and/or non-supply caused as a result of force majeure and/or events not under the Company’s control including strikes, shutdowns, etc.

5.3. In areas restricted for security access, the Company may make products available to customers at a nearby acceptable location, which will be coordinated with them in advance.

5.4. The purchased product will be supplied through an external shipping company to the customer’s home within 5 business days.

Shipping cost for an order not exceeding ₪500 – will be ₪45 shipping fee per package. Shipping cost for an order exceeding ₪500 will be free shipping.

In case of splitting an order into several packages, the above shipping rates will apply to each package and its order value. In case of splitting the order into several shipments at the Company’s initiative, shipping rates will apply according to the total order value made by the customer at the time of ordering.

Company management reserves the right to update shipping rates from time to time at its sole discretion.

5.5. The supply date of products/services detailed on the action page is in business days counted from the order day which is the day of receiving transaction approval from PayPal or the customer’s credit company (Sunday to Thursday, not including Friday, Saturday, holiday eves and holidays). The Company does its best to advance the supply date and/or adapt it to the orderer’s needs, subject to the policy of external shipping companies.

5.6. If the shipment was not supplied for a reason related to the customer, including but not limited to, due to providing incorrect and/or incorrect and/or inaccurate details when placing the order and/or because the customer was not at the shipment supply address at the designated time and/or the customer refused to receive the shipment, the customer will be charged for shipping costs and handling fees for the shipment.

6. Customer Service

6.1. For questions about products displayed on the website or regarding its operation, we invite you to contact the service representatives at the Company through email info@sample-il.com or at number 0545050838.

6.3. Customer service representatives will be happy to serve you with any question regarding the purchase process and any other topic in order to make the purchase experience pleasant and make it simple and fast.

7. Cancellations

7.1. The purchase action performer may cancel the transaction according to the provisions of the Consumer Protection Law, 1981 (hereinafter: “Consumer Protection Law”), as detailed below, except for purchasing certain items, detailed in section 14(c)(d) of the Consumer Protection Law and in which the action performer will not be able to cancel the transaction.

7.2. Transaction/sale cancellation by customer before product shipment: As long as the order has not been sent to the customer through an external shipping company, the customer may cancel the order, in whole or in part, by written notice (including email) info@sample-il.com and/or by telephone contact to customer service 054-5050838 as detailed in section 7.3. For the avoidance of doubt, it will be clarified that after sending the order as mentioned to the customer, transaction/sale cancellation by the customer will be subject to the provisions of section 8.1 below.

7.3. If a customer wishes to cancel a transaction, they may do so by contacting customer service by phone 0545050838, or by email info@sample-il.com

7.4. If the order is cancelled according to section 7, an email confirmation will be sent to the customer, and the Company will return to the customer, within 14 days of receiving the cancellation notice as mentioned in section 8.1 below, the amount paid by them when placing the order, minus cancellation fees of 5% of the order price or ₪100, whichever is lower.

8. Cancellation After Product Shipment

8.1. If a customer wishes to cancel their order after the product has been shipped to them, they may do so by contacting the Company’s customer service by phone 0545050838 or by email info@sample-il.com within 14 days of receiving the product, or alternatively by coming to the physical store with the purchased product.

If the customer chooses to exchange the product by coming to the physical store, and meets the exchange conditions according to these Terms below – they may exchange the product for other product(s) of equal value to what they purchased, according to the store’s inventory.

8.2. The consumer’s right to cancel a transaction does not detract from the Company’s right to claim its damages in case of returning products whose value has depreciated as a result of significant deterioration in their condition while in the consumer’s possession, including in case of returning a product that has been used, whose packaging has been opened or damaged, that has been damaged, defective, broken and/or suffered any harm. Therefore, customers requesting to cancel a transaction are asked to return the product with the label and in its original packaging as much as possible. Customers are also asked, to avoid causing damage to the product, to avoid using the product and return it without any defect and/or malfunction of any kind.

9. Cancellation Due to Defect or Non-Compliance with Details Appearing on the Website**

9.1. The customer must check the product immediately upon receipt. If the customer received the product when it is defective, or when the product specification differs from the specification published on the website, the customer may cancel the transaction within 14 days of receiving the product, by cancellation notice by email info@sample-il.com to the Company’s customer service, all according to the provisions of the Consumer Protection Law, 1981.

If the defective product is returned to the Company, the Company will return to the customer within 14 days of receiving the cancellation notice as mentioned in section 9.1 above the amount paid by them for that defective product. In case of cancellation due to defect, the Company will return to the customer the shipping fees, if paid by them.

Product Exchange Not Due to Defect

9.2. A customer wishing to exchange products received in an order not due to defect as mentioned in section 9.1 above (such as, in cases of inappropriate size), is asked to contact the Company’s customer service by email info@sample-il.com, to receive information on how they can exchange the product requiring exchange.

Exchange of products as mentioned in this section will be done within 14 days of receiving the order by the customer and provided they have not been used, in their original packaging and the label/tag is still attached to the item, when they are complete and/or without damage and/or harm and/or defect and/or malfunction of any kind.

It is clarified that product exchange is according to existing inventory in the store.

10. Sale Cancellation by the Company and Website Operation Cessation

10.1. In any case where, due to “force majeure”, the Company is prevented from managing the website properly, supplying the products or meeting another obligation, the Company may cancel the engagement with buyers, all or part of them. In this section “force majeure” means as accepted by law and including computer malfunctions, telephone system malfunctions or other communication system malfunctions, any sabotage and security event.

10.2. If factors and/or events not under the control of the website owners and/or operators delay and/or prevent the conduct of product and/or service sales, of any kind, in full or partial manner, and in any way, and/or the supply of products published on the website at set dates, and/or computer malfunctions and/or telephone systems and/or any other communication factor harm completion of the purchase process, this or other, in its various forms, and/or if due to hostile actions and/or any other force majeure factor prevents and/or harms the product purchase process in any way, including by way of regular sale or product supply and/or if changes occur in tax rates and/or levies applying to products between the product publication date and the planned supply date according to product purchase terms, the website may cancel the engagement with buyers, all or part of them and/or stop website operation.

10.3. Without detracting from the above, if after completion of a sale it was discovered that the product and/or service ran out of inventory, the Company may cancel the sale or offer an equivalent substitute product. If a sale is cancelled as mentioned, the Company will not be responsible and will not bear any direct, indirect, expense or special damage caused to the user or third party.

10.4. If there is an error in printing, in product and/or service description, in its price, in payment terms, in product/service image or in any other printing material, or in receiving data from the bidder, the Company may cancel the specific purchase and credit the customer with a full refund.

10.5. In any of the cases mentioned, the Company will send the customer notice of order cancellation, and the consideration will be returned to the customer within 14 days of giving notice, and the customer hereby waives any claim and/or demand and/or lawsuit in the matter.

10.6. It is hereby clarified that the provisions of the Consumer Protection Law, 1981 that apply and are valid at the time of the transaction are the binding provisions even if this regulation or the website states otherwise.

10.7. Payment refund to the customer for cancellations as detailed in the sections above will be made according to the payment method with which payment was made when placing the order.

10.8. It is hereby clarified that the provisions of the Consumer Protection Law and regulations thereunder, that apply and are valid at the time of placing the order are the binding and prevailing provisions, even if this regulation or the website states otherwise.

11. Warranty and Service

11.1. The Company and/or website management and/or anyone on their behalf will not be responsible and will not bear any direct, indirect, consequential or special damage caused to the user and/or surfer and/or orderer and/or third party, as a result of use or purchase through the website, not according to these Terms – whatever the cause of action – including loss of income and/or prevention of profit caused for any reason, in which case the Company reserves the right to cancel the specific order.

11.2. If an error occurred in color description and/or color appearance, and/or in how the color appears on the user’s screen, this will not bind the Company. The color catalog on the website is for illustration only and there may be differences between colors displayed on the website, some or all, and colors actually sold.

11.3. In any case the Company will not bear any responsibility exceeding the value of the purchased garment/product and also any damage that is not direct and/or consequential damage.

11.4. The Company is not responsible for use the customer will make not according to manufacturer and/or Company instructions including washing and/or any other use of clothes or accessories sold through the website. No warranty will be given for goods damaged as a result of wear, abrasion, use, etc.

11.5. Website management will not be responsible for delays in product supply as a result of events not under its control, such as malfunctions, delays, strikes, natural disasters, computer system or telephone system malfunctions that harm completion of the purchase process or electronic mail service malfunctions.

11.6. Website management will do its best to supply quality products at the requested time. If the customer believes that products purchased through the website or services have any defect, they are invited to contact customer service by email info@sample-il.com and website management will handle the inquiry as soon as possible.

12. Intellectual Property

12.1. All intellectual property rights in the Company are the property of the Company alone. These rights apply, among others, to the graphic design of the Company’s website, the databases therein (including product lists, product descriptions, etc.), the website’s computer code, its internet address and every other detail related to its operation.

12.2. No copying, duplicating, distributing, selling, marketing and translating any information from the website (including trademarks, images, texts and computer code) without obtaining the Company’s explicit permission in advance and in writing.

12.3. The Company’s name as well as the brand name (Company) of the website, the Company’s trademarks (whether registered or not), the Company’s name and its trademarks – are all the property of the Company alone. They may not be used without obtaining its written consent in advance.

12.4. No use may be made of any trademark or design of a product or model appearing on the website or in photographs on the website that are protected intellectual property, both under Israeli law and under international conventions to which the State of Israel has joined.

13. Maintaining Data Confidentiality and User Privacy

13.1. As the customer, providing personal details in the order form is done according to your will and with your consent. Filling in the details indicates your consent to their provision.

13.2. The Company undertakes not to make any use of the information, except according to the website’s privacy policy, which as mentioned constitutes an integral part of the terms of these Terms.

13.3. Without detracting from what is stated in the Terms, the Company and anyone on its behalf may send to the user, from time to time and according to its sole discretion, notices, reminders, updates on various topics and more, to email address, mobile phone and any other additional means.

14. Additional Terms

14.1. Interpretation and enforcement of these Terms and/or any action or dispute arising therefrom will be done according to the laws of the State of Israel, and will be determined if necessary, in court.

14.2. The Company’s computer records regarding actions performed through the website shall constitute evidence of the correctness of the actions.

14.3. The Company reserves its right to change these Terms and these participation rules from time to time. Only the rules published in the website Terms will bind action performers on the website.

14.4. It is clarified that payment on the website is possible only by credit card as detailed above, and that there is no possibility to pay on the website using purchase slips/vouchers of all types and/or any other means.

14.5. It is clarified that when the customer joins the Company’s website services and fills in email and/or mobile phone details and marks approval for receiving mailings in the designated place, this constitutes the customer’s consent to receive notices and marketing material that the network distributes and/or will distribute in the future through SMS messages and emails that will be sent directly to their mobile device or email inbox, and to be included for this purpose in the Company’s distribution list. At any stage a customer can request removal from the distribution list.