{"id":4113,"date":"2022-12-04T16:28:23","date_gmt":"2022-12-04T14:28:23","guid":{"rendered":"https:\/\/lapromesse.co.il\/terms-of-service\/"},"modified":"2023-10-27T15:29:58","modified_gmt":"2023-10-27T12:29:58","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/thoughtful-lime-hamster.185-131-145-12.cpanel.site\/he\/terms-of-service\/","title":{"rendered":"\u05ea\u05e0\u05d0\u05d9 \u05d4\u05e9\u05d9\u05e8\u05d5\u05ea"},"content":{"rendered":"","protected":false},"excerpt":{"rendered":"","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":13,"comment_status":"closed","ping_status":"closed","template":"page-flexible.php","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-4113","page","type-page","status-publish","hentry"],"acf":{"sections":[{"acf_fc_layout":"simple_text","section_id":"","container_width":"56rem","section_text":"

Terms of Service<\/span><\/h1>\n

Welcome to La Promesse!<\/span><\/p>\n

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.<\/span><\/p>\n

1. Overview & Acknowledgment<\/span><\/h3>\n

The website lapromesse.co.il is owned and operated by ODEA LTD (\u201cThe Company\u201d), domiciled in Hanotea 67, 4060000Tel Mond, Israel.<\/span>
\nThese are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.<\/span>
\nYour access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.<\/span>
\nBy accessing or using the Service You agree to be bound by these Terms and Conditions. Please read these terms and conditions carefully before using Our Service. If You disagree with any part of these Terms and Conditions, then You may not access the Service.<\/span>
\nYou represent that you are over the age of 16. The use of the Service is not allowed for users under 16.<\/span>
\nYour access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
\n<\/span><\/p>\n

2. Interpretation and Definitions<\/span><\/h3>\n

Interpretation
\n<\/span><\/strong><\/span>The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
\n<\/span>
\nDefinitions
\n<\/span><\/strong><\/span>For the purposes of these Terms and Conditions:<\/span><\/p>\n

    \n
  • Affiliate<\/strong> means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.<\/span><\/li>\n
  • Country<\/strong> refers to: Israel<\/span><\/li>\n
  • Company<\/strong> (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ODEA LTD, Hanotea 67, Tel Mond.<\/span><\/li>\n
  • Content<\/strong> refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.<\/span><\/li>\n
  • Device<\/strong> means any device that can access the Service such as a computer, a cellphone or a digital tablet.<\/span><\/li>\n
  • Goods<\/strong> refer to the items offered for sale on the Service.<\/span><\/li>\n
  • Orders<\/strong> mean a request by You to purchase Goods from Us.<\/span><\/li>\n
  • Promotions<\/strong> refer to contests, sweepstakes or other promotions offered through the Service.<\/span><\/li>\n
  • Service<\/strong> refers to the Website.<\/span><\/li>\n
  • Terms and Conditions<\/strong> (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.<\/span><\/li>\n
  • Third-party Social Media Service<\/strong> means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.<\/span><\/li>\n
  • Website<\/strong> refers to La Promesse, accessible from www.lapromesse.co.il<\/span><\/li>\n
  • You<\/strong> means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
    \n<\/span><\/li>\n<\/ul>\n


    \n3. Placing Orders for Goods<\/span><\/h3>\n

    By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.<\/span>
    \n
    \nYour Information<\/span><\/strong><\/span>
    \nIf You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.<\/span>
    \nYou represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.<\/span>
    \n
    \nOrder Cancellation<\/span><\/strong><\/span>
    \nWe reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:<\/span><\/p>\n

      \n
    • \n
        \n
      • Goods availability<\/span><\/li>\n
      • Errors in the description or prices for Goods<\/span><\/li>\n
      • Errors in Your Order<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n


        \nWe reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.<\/span>
        \n
        \nYour Order Cancellation Rights<\/span><\/strong><\/span>
        \nAny Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.<\/span>
        \nOur Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy below to learn more about your right to cancel Your Order.<\/span>
        \nYou are entitled to cancel Your Order within 14 days.<\/span>
        \nThe deadline for cancelling an Order is 14 days from the date on which You received the Goods.<\/span>
        \nYour right to cancel an Order only applies to Goods that are returned in the same condition as You received them. Goods that are damaged or not in the same condition as You received them, or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.<\/span>
        \nWe will reimburse You (excluding shipping costs), or per your convenience provide a voucher of same value, no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.<\/span>
        \nYou will not have any right to cancel an Order for the supply of any of the following Goods:<\/span><\/p>\n

          \n
        • \n
            \n
          • The supply of Goods made to Your specifications, made to measure or clearly personalized.<\/span><\/li>\n
          • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.<\/span><\/li>\n
          • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.<\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n


            \nIf the Goods were marked as a gift when purchased and then shipped directly to you, You will receive a gift credit for the value of your return. Once the returned product is received, a gift certificate (voucher) will be mailed to You.
            \n<\/span>Please note that You are responsible for the cost of returning the Goods to Us.<\/span><\/p>\n

              \n
            • \n
                \n
              • Returns within Israel must be arranged with us and will be operated by our courier service. The cost of return will be transparently submitted to you.<\/span><\/li>\n
              • For returns of products shipped abroad, You are responsible for the cost and risk of returning the Goods to Us. We cannot be held responsible for Goods damaged or lost in return shipment. Therefore, We recommend an insured and trackable mail service. We will not be able to issue a refund without actual receipt of the Goods or proof of received return delivery.<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n


                \nTo arrange a return, please send us an email to contact@lapromesse.co.il or a message via http:\/\/www.lapromesse.co.il\/contact-us or via WhatsApp, with a copy of your original invoice. <\/span>
                \nOnce your return has been received, you will receive a confirmation by email.<\/span><\/p>\n

                Warranty<\/strong><\/span>
                \nIf You notice a damage while unpacking your order, please contact us within 24 hours after delivery via WhatsApp, mail or our website with full details and the photos of the damages. We will organize the return and fix the issues.
                \nAll our products come with a 10 Years Warranty with the exclusion of damages due to external factors or where You are a fault (accidents, incorrect installation…) and defects caused by an improper maintenance and cleaning of the products.<\/span><\/p>\n

                Delivery Lead Time and Shipment<\/strong><\/span>
                \n<\/span>All our products are shipped within 7 business days from the date of order or from the date of pick up if we need to\u00a0 collect your artwork.
                \n<\/span>We offer courier delivery however direct pick up from our studio is also available per your convenience.<\/span><\/p>\n

                  \n
                • \n
                    \n
                  • You will be contacted by our courier company to schedule the delivery. Deliveries are usually made within 2 days.<\/span><\/li>\n
                  • For personal pickup, please arrange a time by contacting us via WhatsApp at 054 83 82 783.<\/span><\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n


                    \nAvailability, Errors and Inaccuracies<\/span><\/strong><\/span>
                    \nWe are constantly updating Our offerings of Goods on the Service. We will always aim to provide most accurate details however it may happen that the Goods available on Our Service be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.<\/span>
                    \nWe cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.<\/span>
                    \nWe have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. <\/span>
                    \nPrices Policy<\/span>
                    \nThe Company reserves the right to revise its prices at any time prior to accepting an Order.<\/span>
                    \nThe prices quoted may be revised by the Company prior to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in VAT or customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. <\/span>
                    \nPayments<\/span>
                    \nAll Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Apple Pay, Google Pay or online payment methods (PayPal, for example).<\/span>
                    \nPayment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.<\/span>
                    \n
                    \nPromotions<\/span><\/strong><\/span>
                    \nAny Promotions made available through the Service may be governed by rules that are separate from these Terms.<\/span>
                    \nIf You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.<\/span><\/p>\n

                    4. Content<\/span><\/h3>\n

                    Your Right to Post Content<\/span><\/strong><\/span>
                    \nOur Service allows You to post or upload Content. You are responsible for the Content that You post or upload to the Service, including its legality, reliability, and appropriateness.<\/span>
                    \nBy posting Content to the Service, You grant Us the right and license to use, modify, display and reproduce such Content for the need of completion and execution of your order. <\/span>
                    \nThe company will not keep and store on its servers the photos and pictures uploaded through the Service after the completion of the order and We commit to delete all pictures and photos uploaded by You.<\/span>
                    \nYou retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. <\/span>
                    \nYou represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.<\/span>
                    \n
                    \nContent Restrictions<\/span><\/strong><\/span>
                    \nThe Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content you upload and for all activity that occurs, whether done so by You or any third person using Your account.<\/span>
                    \nYou may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:<\/span><\/p>\n

                      \n
                    • \n
                        \n
                      • Unlawful or promoting unlawful activity.<\/span><\/li>\n
                      • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national\/ethnic origin, or other targeted groups.<\/span><\/li>\n
                      • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.<\/span><\/li>\n
                      • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.<\/span><\/li>\n
                      • Impersonating any person or entity including the Company and its employees or representatives.<\/span><\/li>\n
                      • Violating the privacy of any third person.<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n


                        \nThe Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and\/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.<\/span><\/p>\n

                        5. Copyright Policy<\/strong><\/span><\/h3>\n

                        Intellectual Property Infringement<\/span><\/strong><\/span>
                        \nWe respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.<\/span>
                        \nIf You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at contact@lapromesse.co.il and include in Your notice a detailed description of the alleged infringement.<\/span>
                        \nYou may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.<\/span>
                        \n
                        \nDMCA Notice and DMCA Procedure for Copyright Infringement Claims<\/span><\/strong><\/span>
                        \nYou may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):<\/span><\/p>\n

                          \n
                        • \n
                            \n
                          • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.<\/span><\/li>\n
                          • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.<\/span><\/li>\n
                          • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.<\/span><\/li>\n
                          • Your address, telephone number, and email address.<\/span><\/li>\n
                          • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.<\/span><\/li>\n
                          • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n


                            \nYou can contact our copyright agent via email at contacr@lapromesse.co.il. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.<\/span><\/p>\n

                            6. Trademarks & Intellectual Property<\/strong><\/span><\/h3>\n

                            The Service and its original content, features and functionality (such as software, configurators and more\u2026) are and will remain the exclusive property of the Company.<\/span>
                            \nThe Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.<\/span>
                            \nOur trademarks, logo, trade dress and website domain may not be used in connection with any product or service without the prior written consent of the Company.<\/span>
                            \nNo part of the Service or its content (without limitations, logos, products, pictures, photos, videos, software, configurator\u2026) may be therefore modified, reproduced, copied, sold or used for commercial purpose or any other purpose without the prior written approval of The Company. <\/span><\/p>\n

                            7. Links to Other Websites<\/span><\/h3>\n

                            Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.<\/span>
                            \nThe Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.<\/span>
                            \nWe strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.<\/span><\/p>\n

                            8. Termination<\/span><\/h3>\n

                            We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.<\/span>
                            \nUpon termination, Your right to use the Service will cease immediately.<\/span><\/p>\n

                            9. Limitation of Liability<\/span><\/h3>\n

                            Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.<\/span>
                            \nTo the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and\/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.<\/span>
                            \nSome jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.<\/span><\/p>\n

                            10. "AS IS" and "AS AVAILABLE" Disclaimer<\/span><\/h3>\n

                            The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.<\/span>
                            \nWithout limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.<\/span>
                            \nSome jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.<\/span><\/p>\n

                            11. Governing Law<\/span><\/h3>\n

                            These Terms of Service, any other separate agreements and Your use of the Service shall be governed and construed in accordance with the law of the State of Israel. <\/span><\/p>\n

                            12. Disputes Resolution<\/span><\/h3>\n

                            If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.<\/span><\/p>\n

                            13. Severability and Waiver<\/span><\/h3>\n

                            Severability<\/span><\/strong><\/span>
                            \nIf any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.<\/span>
                            \n
                            \nWaiver<\/span><\/strong><\/span>
                            \nExcept as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.<\/span><\/p>\n

                            14. Translation Interpretation<\/span><\/h3>\n

                            These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.<\/span>
                            \nChanges to These Terms and Conditions<\/span>
                            \nWe reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.<\/span>
                            \nBy continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.<\/span><\/p>\n

                            15. Contact Us<\/span><\/h3>\n

                            If you have any questions about these Terms and Conditions, You can contact us:<\/span><\/p>\n

                              \n
                            • \n
                                \n
                              • By email: contact@lapromesse.co.il <\/span><\/li>\n
                              • By visiting this page on our website: http:\/\/www.lapromesse.co.il\/contact-us<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n


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