Terms

Terms

USER AGREEMENT
TERMS AND CONDITIONS OF WEBSITE USE 

The website, www.Edushape.com and/or www.edushape.co.il (defined below), is provided by Zitelny Industries LTD 512009705 - the owner of the website and its operator, which operates at the registered office of 9 Amal Street Afek Park Rosh Ha'Ayin Israel (hereinafter: "Edushape and/or the owner"). 

These "Terms and Conditions of Website Use" (this "User Agreement") govern your use of the website, regardless of how you access or use it. By " website", we mean the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with the website, as well as post links to this User Agreement. 

This website is a virtual shop for the purchase of products by the public Internet users (Hereinafter: the customer and/or a user)

If you are using this website, then carefully read this User Agreement, as it constitutes a written agreement between you and Edushape.  It also affects your legal rights and obligations. Except as set forth in the Privacy Statement that applies to the website, you and Edushape do not have a confidential, fiduciary, or any other special relationship by virtue of your use of the website or your communications to Edushape through or related to the website.

It is hereby clarified that using the website and/or executing transactions on the website constitute the user's consent to accept and to act in accordance with the provisions of the Terms of Use. If you do not agree to any of the Terms of Use, you are requested not to make any use of the website. An action on the website is any act performed on the website, including the purchase of products and/or services offered on the website (hereinafter: "the Transaction").

The provisions of these Terms shall apply to any action performed by the User, as defined above, on the website.

For the purpose of these regulations, any person, including a company, may use the website, all subject to the fulfillment of the following cumulative conditions:

The chapter headings are presented for convenience and user orientation and will not be used in interpreting the rules.
The provisions of these regulations apply equally to both sexes, and the use of the masculine gender is for convenience.
 

1. Terms of Use and Purchase

1.1 It is hereby clarified that the website's management may, at its discretion, terminate the website's activity at any time and without prior notice and/or change from time to time any of the Terms of Use. Any use of the website, including content and/or its services, will constitute a renewed agreement to these terms and conditions. 

1.2 Using the website is a declaration that the user is 18 years or older.  If not, your parent or guardian may be liable for some or all of your activities on the website. You should make your parent or guardian aware that you are using the website, as this User Agreement and your use of the website affect their legal rights and obligations.

1.3 Each time you access and/or use the website (other than to simply read this User Agreement), you agree to be bound by and comply with all of the terms of this User Agreement and any additional terms (defined below). Therefore, do not use the website if you do not agree to all of the terms of this User Agreement and any additional terms.

1.4 The business realities associated with operating the website are such that, without the limitations that are set forth in this User Agreement, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes, Edushape would not make the website available to you.

1.5 These terms apply to the use of the website and the services contained therein through any computer or other communication device, including but not limited to cellular phones tablets, etc., whether the use is made through the Internet, or any network or other means of communication.

1.6 The sale of the products on the website is not intended for wholesale sale and/or resale (buying a number of products from the website for the purpose of selling them to other customers). If the website operator identifies an unacceptable purchase pattern, Edushape will be entitled to contact the customer for clarification and/or cancel the order.

2. Terms of Sale

2.1 Edushape offers a wide range of products (hereinafter: "the products").

2.2 Add the chosen product to the basket and fill out all the fields marked with the details of the customer: (hereinafter: "personal information"). The user must provide correct, accurate and complete information in order to prevent, as much as possible, a malfunction and/or delay in delivery.

2.3 The user will be held accountable in case he submits inaccurate information and therefore Edushape will not be able to guarantee that the product(s) will reach the user.  His credit card will be charged for shipping and handling fees.

2.4. Upon receipt of the order, and only after the credit card company confirms, an email confirmation will be sent that the transaction was carried out. This is subject to the selected product’s availability (hereinafter: "Order").

2.5. It is hereby clarified that in any case where the transaction will not be honored by the credit card company, the purchase will be canceled and the user will have no claim in this matter.

2.6 All prices on the website include VAT, but do not include shipping fees. It is hereby clarified that the website operator is entitled to update the prices of the products from time to time, without giving prior notice. The valid price in relation to the ordered product is the price that was published upon completion of the ordering process (including the delivery of credit card details). If the prices have been updated before the order process has been completed, the user will be charged according to the updated prices.

2.7. Although Edushape is careful to check the prices listed on its website, there may be a mistake with a wrong price displayed. In this case, the website will be entitled to contact the user and inform them of the correct price of the product and to enable its purchase at the right price. If the user refuses to purchase the product at its right price, Edushape will not be obliged to provide the product and the user will not have a claim in connection therewith.

3. Supply 

3.1. Edushape will only provide a product that has been paid in full by credit card to the address that the user gave at the time of the order, within the predetermined time, unless otherwise stated on the website.

3.2 The shipping fee will be displayed at the end of the purchase process and will be charged at the same time as the order.

3.3 Edushape shall not be responsible for any delay and/or non-supply caused by force majeure and/or strikes and lockouts.

3.4 Edushape undertakes to issue the order for shipment within three (3) business days from the confirmation of the order, not including  weekends, and Holidays. Any order received after the close of business will be deemed to have been received on the next business day. 

3.5 The place of execution of the transaction, for all intents and purposes, will be considered the registered office of the website owner, even if a customer who purchases a product chooses to receive the product by mail or by courier. 

3.6. The Postal Authority's regulations and/or any other body through which Edushape sends products will apply to any delivery and/or transportation of products through them, and will bind any bidder.

3.7. Edushape may replace the courier without notice.

4. Cancellation of transaction and return policy

4.1. Cancellation of a transaction shall be carried out in accordance with the provisions of the Consumer Protection Law, 1981 (hereinafter: "the Consumer Protection Law" and/or "the law") and the regulations promulgated thereunder. In any case where there is a contradiction between the aforesaid and the provisions of the law, the law prevails.

4.2 A transaction can be canceled up to 14 days from the date of receipt of the product, or from the date of receipt of the document containing the details of the purchase of the product, whichever is later.

4.3. Cancellation of the transaction will be made only through email correspondences to the following addresses: in the USA to: customerservice@edushape.com  and in Europe and Israel to: service@edushape.co.il.                              Cancellation will not be recognized upon receiving an email that simply confirms the receipt of the cancellation notice ("Confirmation of Cancellation of Transaction").                                                                                                                               In order to cancel a transaction, the user must include his notice receipt and/or confirmation of an order attesting to the actual execution of the transaction, the date, the amount paid and the means of payment.

4.4. Cancellation of a transaction, after the receipt of a product has been received, is subject to its return to the customer's credit card under the following conditions: the product has not been used and/or damaged, and is in its original and closed packaging.

4.5. Return of the product will be possible no later than 14 days from the date of purchase, by mail. Orders placed in the USA will be sent to: 28 Brandywine Drive Deer Park, NY 11729. Orders placed in Europe and Israel will be sent to: 9 Amal Street Afek Park Rosh Ha'Ayin Israel.

4.6 If the reason for canceling the transaction is due to a defect or non-conformity with the order details, Edushape will arrange for the product’s return, after it has been proven, to Edushape’s satisfaction, that the product is indeed defective or not suitable for the details of the order. Notwithstanding the foregoing, if the returned product is found to be correct, the customer will be charged for the return shipping cost.  

4.7. A refund for cancellation of a transaction will be transferred in accordance with the law, and only to the credit card with which the order was placed. 

5. Warranty 

5.1. The owner and/or anyone acting on its behalf will not be held responsible and will not bear any damage caused by the user and/or by a third party as a result of use or purchase through the website, other than in accordance with these regulations.

5.2 An error in the description of the product will not bind the website. Product images are intended for illustration purposes only and there may be differences between some or all of the images displayed on the website and actual products.

5.3 The website owner will not be liable for delays in the supply of the product as a result of events beyond its control, such as malfunctions, delays, strikes, natural disasters, computer malfunctions in the e-mail service.

5.4 The computer records of the website, regarding the actions through the website, will constitute prima facie evidence of the actions correctness.

5.5 Edushape and the website’s service are providing the website to you on an “as is” basis, without any warranty of any kind.  Edushape's liability to you, in connection with your website usage, is very limited. 

6. Intellectual Property

6.1 All intellectual property rights in all content on the website, including the trademarks, copyrights and models, are solely owned by Edushape and the website owner. These rights apply, among other things, to the graphic design of the website, its databases, including the list of products and their description, the computer code of the website and any other details related to its operation and/or any existing or future software that will be developed.  These rights shall also be the exclusive property of the website and the owner of the website or anyone on their behalf.

6.2 No copy, duplication, or distribution of the contents appearing on the website may be published or used in any other way, unless the website owner provides consent in advanced and in writing.

6.3 Do not enable or allow any computer application or any other means, including Crawlers, Robots, etc., to be used to search, scan, copy or automatically retrieve content from the website. In this respect, it is forbidden to create or use such means to create a collection or database containing content from the website.

6.4 The website, including any information or display appearing on the website such as:  graphics, design, verbal presentation, trademarks and logos, the editing and presentation thereof, including the services and content on the website (text, illustrations, graphics, sound, videos and presentation software, graphs and images), are the property of Edushape or have been licensed by third parties.  These are all protected by the copyright laws of the State of Israel, international treaties, and copyright laws of other countries. All rights are reserved to Edushape and the website owner.

 

7. Jurisdiction

The law applying to these regulations and/or to any action or dispute arising is solely from The Israeli Law. In any case of dispute from the use of and/or from purchases on the website, the sole authority to hear any dispute arising directly or indirectly from the provisions of these Articles, shall be the courts (Court of First Instance or District Court) of Tel Aviv-Jaffa and not to any other court or judicial instance.