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Terms of Use – Tanahiyot

Welcome to Tanahiyot, your online footwear heaven.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT LEGAL INFORMATION REGARDING YOUR RIGHTS, DUTIES, SCOPE OF REMEDIES, ETC., WHICH YOU WILL BE BOUND BY, AS A LEGAL AGREEMENT.

ANY USE OF ANY KIND OF THE SITE OR ANY PURCHASES THEREIN SHALL CONSTITUTE AN AGREEMENT TO THESE TERMS. PLEASE DO NOT MAKE ANY USE OF THE SITE UNLESS YOU AGREE TO THEM.

“The Site” (or “We“) in these Terms shall include the website located at www.tanahiyot.com , any related service or application and, where appropriate, also the owners of the Site (Yakira Abergel, of Harav Ilovitski 8/13, Petch-Tiqwa, Israel, tanahiyot.sandals@hotmail.com) the managers and operators of the Site and any of its employees, contractors and any other representative.

Modifications to these Terms. We may modify the Terms from time to time without notice. Please check these Terms periodically for modifications. Any continued use by you of the Site or any of its Services after the posting of such modified Terms shall be deemed to indicate your explicit agreement to such modified Terms. Accordingly, if at any time you do not agree to be subject to any modified Terms, you should no longer use the Site or make any purchase.

Term and validity

  • The Terms. These Terms, the Privacy Policy [https://tanahiyot.com/privacy-policy/]  of the Site and any other policy, guidelines or terms published by the Site or applying to any service, order or purchase you may acquire from the Site, together or separately, as relevant, hereby and above – the “Terms“. The Terms set forth the legally binding agreement between us.
  • The Terms shall remain in full force at any time regarding any purchase made by you from Us. Terminating your use of the Site does not terminate the applicability of the Terms to you and your purchases.
  • Use of the Site by Persons Under 18 Years of Age is prohibited:The Site is committed to protecting the privacy of children, and therefore we do not knowingly collect or maintain personally identifiable information from persons under 18 years. Accordingly, children under the age of 18 may not use the Site for any purpose, and if done so – their use may be prohibited and limited with no prior notice.
  • Commercial use of the Site is forbidden. No commercial use of the Site is allowed. Please contact Us directly if you require such use.

 

Use of the Site

  • Use of the Site may be denied. The Site reserves the right, but is under no duty or representation, to review any and each of the Order requests (“Request”), and deny any of such Request. Such denial shall be subject to Our own discretion and with no explanation or notice supplied. You shall have no complaint or claim against Us in such a case and no payment will be charged in relation to any such denied Request.

If you do not agree, please do not make any purchase of any kind.

  • Grant of Rights.The Site grants you a limited, revocable, non-transferable, non-exclusive right to access and use the Site in accordance with normal use of its interface (including but not limited any of its services and any purchase contained therein).
  • Any activity within the Site while using your details is your own responsibility. Please check carefully any details you submit to the Site, as We will act based on them. Wrong, outdated, incomplete or otherwise incorrect information might cause undesirable results, such as not receiving the products you have ordered and paid for.
  • Password is and must be kept private and confidential. It is your responsibility to keep your password and account details private and confidential. Any use or misuse of the password shall be your responsibility alone.

If you suspect unauthorized use of your Site, please notify us immediately (at our “contact us” page[https://tanahiyot.com/contact-us/] subject: Unauthorized use of the Site), and supply us with enough information both to found your suspicion and your ownership of the relevant Order as per our discretion. Also please change your password immediately. 

 

Use of the Site

  • Prices may vary prior to Order. Prices as presented on the Site may vary from time to time and are NOT binding until receipt of the Confirmation eMail as detailed herein. Prices for specific Order detailed within said Confirmation eMail will be binding.
  • Delivery costs and taxes – to be added upon Checkout. Prices as appearing on the Site may not include taxes (such as VAT as may be applicable) and delivery costs. Those costs will be added and notified during your Checkout process, while making an Order prior to payment.
  • Products may change at Our discretion. The Products, their prices, the discounts, their packaging and anything relating thereto may be changed at all times, under Our sole discretion and without notice. Only details specifically included in the Confirmation eMail may be binding.
  • Photos may not reflect actual Products. Photos and graphics on the Site are used for illustration purposes only and might not be reflected with the actual Products, as supplied.

Color, hue and shape may vary. Actual hue, specific color or actual shape of Products supplied to you may not be identical to the photographs presented on the Site. Such variance is to be expected.

  • Conduct prohibited. The following is a non-inclusive list of various conducts that are forbidden on the Site, including conduct that –
    1. is illegal or unauthorized use of the Site, including but not limited to intellectual property breach, and any other illegal, breaching, damaging, harmful or inappropriate activity;
    2. solicits passwords or other personal information (such as addresses, social security numbers, etc.) from other users;
    3. using the name, username, details or password of another person at any time or disclosing your own password to any third party;
    4. accessing data or code that is not intended for access by the users of the Site, or gaining unauthorized access to an Order, server or any other computer system within the Site and its operations;
    5. attempting to probe, scan or test the vulnerability of a system or network or to breach security of authentication measures;
    6. any automated use of or access to the Site, including but not limited “bots”, “robots”, “spiders”, etc. that accesses the Site in a manner that sends request messages to the Site’s servers more than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
    7. attempting or interfering with the function of the Site, Service, host or network, including, without limitation, via means of submitting a virus to the Site or its users, overloading, “flooding”, “mailbombing”, “crashing”, “ddos attacks”, “malware” or sending unsolicited e-mail, including promotions and/or advertising of products or Service;
    8. circumventing, disabling or otherwise interfering with security-related features or other digital-rights-management features of the Site; 
  • You may not alter or modify in any way or manner any part of the Site, its look-and-feel, interface, advertisements, code, print-outs or any of its related technologies or the surveys within.

Orders 

  • The information showed on the Site is not a binding contractual offer from Us to you. Filing us with your request for any of the products you wish (“Products”) will be legally regarded as a contractual offer. The purchase contract will have been accepted only after you receive Our order acceptance confirmation e-mail notice (“Confirmation eMail”) summarizing your Order’s details (including Products ordered, delivery details, price and any other information required, hereby – “Order”) Do note that after placing an Order, changing the delivery details will not be possible so please fill in carefully and correctly.
  • Upon placing an Order you will be requested to specify the delivery method and method of payment.
  • You undertake that:
    • that the information you provide the Site with will be current, complete and accurate;
    • that any data and information you may supply Us with is supplied by you willingly and in good faith;
    • that We may use any information you supplied Us with in the manner detailed under these Terms and our Privacy Policy;
  • Payment Terms. Payment terms may vary from time to time, as customary under Our sole discretion and as detailed in the Confirmation eMail. You may be offered certain specific terms and might not be offered others.
  • Payment Methods. We do not collect or save your credit-card’s or other payment method’s details. Payment is being executed by third party vendors, clearing houses and applications which are prominently displayed on any relevant page (such as Cardcom for credit cards clearance, PayPall, Bit, etc.). You should verify their relevant privacy policy to understand their terms. Should you not wish that your data will be submitted to the relevant clearing house or application, please do not perform any transaction on the Site.
  • Payment Refusal. Should the Credit Card company or any other payment vendor refuse your payment request, your Order shall not be binding and you will not receive the product

Please make sure your payment and delivery details are correct and that payment will be accepted.

Please note that Orders that had been refused by the relevant clearing house, may still appear on the Site (including the

Products, the delivery address, the prices, etc.), yet they will not be delivered if payment had not been authorized and accepted by Us.

  • Order Cancellation. Once Confirmation eMail had been sent, you may not change the Order.

Cancelation of any Order by you will be subject to the Israeli Customer Protection Act, 1981 and relevant regulations, in accordance to the “Arms’ Length Transaction” as detailed in articles 14(c)-(e) thereto. See here for further information on this mater – https://www.gov.il/he/departments/general/cpfta_consumers_info_iskat_mecher_merahok. No cancellation will be accepted after any use of Product. Should you choose to cancel and return used Product, said Product will remain at Our disposal yet you will not receive a refund. You will bear any delivery costs in such an instance.

Cancellation of Order by Us can be made at any and all times or under any reason, subject to an email notification to be sent to the email-address you have supplied Us with and the sole undertaking that all payments made by you to Us regarding specific cancelled Order shall be cancelled or reimbursed.

Any Order cancellation shall not entitle you to reimbursement of the delivery payment, whether executed or not.

  • Following the Order. Following the progression of the Order you have made and its delivery to you may be done on the Site (prior to Product supplied to delivery company) or using delivery service company’s website. Please take care of notifications you will receive and make sure Order is collected by you on time and on the sappropriate location.
  • Cancellation of delivered Order. Should you cancel any transaction after delivery of Product had been made, such cancelation will also be subject to the Israeli Customer Protection Act and can only be made if such returned Product was never used or damaged.

  • You are required to deliver the defect-free Product to Our offices with fourteen (14) days of delivery, at Our address:  Rabby Ilubitzki St number 8., floor 4, appt. 13, Petach-Tiqua, Israel (“אברג’ל”). Your credit upon such return of Product shall not include the delivery costs.

    Should the Product return will be non-compatible with the terms allowing such return (for example should the Product bear any defect or had been worn), you will get no credit in such regard. Should we re-send the returned Product to your address, you will be required to bear any such additional delivery costs or Product will not be sent.

Delivery

  • Delivery might be limited or denied in certain territories or countries (or areas within a specific country). The appearance of Products on the Site does not mean they will be delivered world-wide.
  • Delivery schedule. Our deliveries are carried out by chosen couriers (such as UPS, Easyship and various other trusted couriers). The delivery is expected within 14 business-days commencing on the Confirmation eMail’s date.
  • We do expect on-time delivery as we use trusted delivery services, yet we do not control our couriers’ schedule so the actual delivery date might change and late delivery might happen due to circumstances that are beyond Our control (subject to couriers’ schedule).
  • Delivery details. Delivery shall be made using the details (address) you have entered upon placing your Order. Please verify that any and all such details are complete and correct as any error might cause the delivery to fail.

Should the details be incomplete or wrong we will try to contact you, using the contact details you have entered upon each Order, and try to correct the details in order to complete the Order’s delivery. Please make sure that your contact details are correct, as incorrect details may cause the Order to fail and you will not receive the Products you have ordered, and you will have no claim in such instance.

Nevertheless, we reserve Our right to cancel each and every Order, subject to reimbursing your payments (deducting any fees and costs caused by your activity of default).

In case of incorrect details, additional expenses might be mandatory in order to allow re-delivery of the Products to the amended address as supplied to Us.

  • Delivery must be accepted by you, on time. You undertake to accept the delivered Products after coordination with the delivery services. Deliveries might be made to certain delivery locations which are not always your direct. Delivery of an Order will be complete upon delivery to its specific delivery location.

Picking up each Order at specific delivery location and on time is solely your responsibility.

We reserve the right to request identifying documents for the execution of delivery, but do not undertake to do so.

Products not picked on time might be returned or otherwise be reported as lost with no reimbursement of payments whatsoever.

In certain instances, we might be able to re-deliver the Products, subject to additional mandatory expense payments. That will only be done of Our representatives have managed to contact you using the contact details you have left with Us. Please note that any additional delivery might require additional payments.

  • Delivery may fail. We do not control the delivery services’ conduct nor unexpected situations. In certain instances where delivery had failed (not due to inaccurate address or late pick up of Products by you), we will have to cancel relevant Order and we will refund all payments made regarding cancelled Order. Prior to that we will try to contact you and agree on alternative delivery (if possible). Should the Order be cancelled, we will return all payments made by you.

Any non-delivery will not exempt you from full and complete payment with regard to relevant Order.

  • Delivery bag includes package details. Please note that Our delivery bag (within the Products are delivered to you) might include a printed note detailing the Products that are within said package (for the benefit of Our delivery services).

Proprietary Rights and Intellectual Property

  • Copyright of the Site. The Site is and includes copyright protected works and protected trademarks (of its owners, operators and others). You may not modify, distribute, copy, frame, republish, display, post, publish, reproduce, sell or make any other use in any way of any content or part of the Site or any trademark therein.
  • Unless otherwise noted on-page, all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents“), are owned, controlled or licensed by us (the Site) and any related body. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Termination

  • Termination or Sale of the Site or any of its Services. The Site may terminate its operations, all or any part thereof (including any of its services), permanently or temporarily at its own discretion, without prior notice and at any time.

We may also sell or transfer ownership and control of the Site, including anything related thereto and any information and data held by the Site, to any successor of Ours, anyone buying the Site’s business (in whole or any material part thereof). Such successor will undertake to continue its operation subject to these Terms and Our Privacy Policy and will replace the current owners and operators of the Site.

  • No remedies upon termination. To remove any doubt, you will not be awarded any remedy of any kind if the Site has terminated any of its Services or its activity altogether and you have no claim against the Site in any of these cases, except reimbursement of the monies paid to the Site for Orders not to be supplied.

 

Disclaimers and no liability of the Site

  • USE THE SITE AT YOUR SOLE RISK. YOU AGREE THAT THE USE OF THE SITE, INCLUDING ANY PURCHASE MADE THEREIN AND ANY PRODUCT SUPPLIED BY IT, SHALL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW.
  • NO WARRANTEES OF ANY KIND. THE SITE, ANY PART OF THE SERVICES AND THE PRODUCTS THEREOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AS AVAILABLE. THE SITE AND ANYONE RELATED TO IT OR ACTING ON ITS BEHALF EXPRESSLY DISCLAIMS ANY WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND (EXPRESS, IMPLIED, ORAL OR WRITTEN), INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, SPECIFIC FUNCTION, FUNCTIONALITY, MERCHANTABILITY, RELIABILITY, AVAILABILITY, QUALITY, PERFORMANCE, NON-INFRINGEMENT OR OTHER. THE SITE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE PRODUCTS.
  • SOME JURISDICTIONS PROVIDE FOR CERTAIN OTHER WARRANTIES. TO THE EXTENT PERMITTED BY LAW. WE EXCLUDE ALL WARRANTIES OF ANY KIND (UNLESS MANDATORY UNDER SPECIFIC JURISDIOCTION) AND FOR THE MOST LIMITED INTERPRETATION THEREOF.
  • NO LIABILITY. IN NO EVENT WILL THE SITE, ITS OWNER, ITS OPERATOR, ITS EMPLOYEES, AGENTS, CONTRACTORS OR ANYONE ON ITS BEHALF BE LIABLE TO YOU AND TO ANY CLIENT, USER OR THIRD PARTY FOR ANY DIRECT AND/OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES DERIVING FROM THE USE OF THE SITE OR ANY OF ITS PRODUCTS (INCLUDING COST OF ALTERNATIV DELIVERY, DAMAGE TO PRODUCTS OR DAMAGE CAUSED BY PRODUCTS).
  • LIMITATION OF LIABILITY. AS CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY AS ABOVE OR IN ANY CASE ANY COMPETANT COURT DECIDES THAT FOR ANY REASON THE SITE OR ANYONE ON ITS BEHALF BE LIABLE TO ANY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED SUCH DAMAGES RELATING TO ANY OG OUR PRODUCTS), THE SITE’S (AND ANYONE ON ITS BEHALF) TOTAL LIABILITY DUE TO ANY SUCH DAMAGES (DIRECT AND INDIRECT), CLAIMS OR CAUSES OF ANY SORT OR KIND (WHETHER CONTRACTUAL, TORTIOUS OR OTHER), EITHER BY LAW AND FOR ANY OTHER CAUSE WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND NOT HIGHER THAN THE AMOUNT YOU PAID TO THE SITE WITHIN A SPECIFIC ORDER.

IN ALL CASES, THE SITE AND ANYONE ON ITS BEHALF WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

  • No liability for faulty Products. All Products leave our premises after being checked by us. Defected Product may be returned in accordance to the law (see above). We undertake no responsibility for any defect or damage caused to you by use of any of Our Products. Please use them carefully, and discretion and at your own responsibility.
  • No liability to any error of any kind. The Site may include and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, anything within the Site, including but not limited to any description of Product.
  • Color and hue may fade. Products’ color, shine or hue may vary or fade over time. Exposure to sun, heat or light may haste such fading.
  • Online Products’ size chart may not be accurate. As our Products are individually hand-made, the sizes and measures as presented in our online size-chart per each relevant Product may vary then the actual size of the Products, as supplied to you.
  • Humidity and liquids may harm Products. Products are susceptible to humidity and liquids. Please avoid them if possible, When wet – dry the Product before use.
  • Treat Products with care. Products (especially our sandals) should be treated carefully and not be subject to extreme conditions or use.
  • No responsibility for security breaches, malware, fraud or similar faults. As always online, and even though the Site undertakes reasonable security measures as customary, certain security breaches, hacks, cracks, deceit, fraud or other faults (such as viruses and Trojan horse codes) may always happen. We will be under no liability to any such fault.
  • No responsibility for linked materials and websites. The Site may contain links to other websites and to materials. The Site is and will not be responsible for any such content or websites and such inclusion does not imply approval or endorsement thereof. When you access those, you do so at your own risk.
  • No responsibility for any technical difficulty. The Site shall not be responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems, virus and malicious codes or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to yourself, to any user or to any person’s computer related to or resulting from participation or downloading or receiving materials in connection with the Site.
  • No responsibility to advertisements. The Site assumes no responsibility for third party advertisements, posts, Articles, photos, data or otherwise Users’ Content which are posted on the Site, and to their applicability to your needs or to their representation.

 

Disputes Resolution

  • Exclusive law and jurisdiction. By using the Site (including any application or otherwise) and by ordering any Product therefrom, you agree that any dispute about or involving the Site, its services or anything related thereto or due because of it shall be exclusively governed by the laws of the State of Israel, without regard to conflict of law provisions and governed by these Terms. In such a case, you agree to an exclusive personal jurisdiction and venue in the competent courts in the district of Tel Aviv, Israel.

 

Indemnification

  • You shall indemnify and hold the Site, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners, contractors and employees, harmless from any loss, liability, claim, demand, costs, damages or expenses, including reasonable attorneys’ fees, made by any third party in relation to the Site or to the relationship between you as were created using the Site.

Dispute Resolution

  • YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO THIS WEBSITE, TO ANY ORDER OR DELIVERY AND TO ANY OF THE PRODUCTS AND THEIR USE (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS), WILL BE SOLELY LITIGATED AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN ISRAEL, IN THE TEL-AVIV-JAFFA DISTRICT ALONE. You agree to waive any objection to the exclusive jurisdiction of this exclusive forum. Any such proceedings will be governed and construed under and in accordance to the Israeli law, with no regard to its conflict-of-law provisions.

 

Other

  • Limitation and any change to the services, Products or the Site. We reserve the right to deny or refuse to supply any and all service or Product to any and all customers, under Our sole discretion and without prior or written notice, including but not limited to: a) supplying wrong or inaccurate information, b) blocked or limited credit card or c) otherwise malfunctioning payment method, account or device.
  • Limitation on the Period of Limitation. YOU HEREBY AGREE THAT ALL CLAIM OR CAUSE OF ACTION OF ANY KIND VERSUS THE SITE OR ANYONE ON ITS BEHALF SHALL BE FILED IN A COURT OF LAW WITHIN AND NO LATER THAN TWENTY-FOUR (24) MONTHS PAST THE DATE OF ITS OCCURRENCE. THIS SECTION IS TO BE CONSIDERED AS AN AGREED LIMITATION ON THE PERIOD OF LIMITATION UNDER ANY RELEVANT LAW, AND SHALL OVERCOME ANY OTHER LEGAL REQUIREMENT (UNLESS IT IS A MANDATORY ONE).
  • Interstate Nature of Communications on the Site. When you register, order from or otherwise use the Site, you acknowledge that while doing so you send electronic communications of any kind through the Site’s networks and servers.
  • Entire agreement. These Terms (which include the Site’s privacy policy and any other notifications as posted from time-to-time on the Site) constitute the entire agreement between you and the Site regarding any kind of use of the Site.
  • Non waiver of rights. Failure of the Site to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
  • Section titles solely for convenience. The section titles in these Terms are for convenience only and have no legal or contractual effect.
  • These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision will be deemed severable from these Terms and this will not affect the validity and enforceability of any remaining provisions of these Terms.
  • No third party agreement. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.

Last edited on 08/05/2024