General
1. Welcome to the DIVISH fashion brand website (hereinafter: "the Website") located at www.divish-studio.com, owned by Diana Vishnevsky Business ID: 316721695 (hereinafter: "the Company").
2. This agreement is written in masculine form for convenience only and should be read as applying to all genders and/or plural forms.
3. The Company reserves the right to modify these terms from time to time at its sole discretion without prior notice.
4. These terms apply to all use of the Website. Browsing and/or performing any action on the Website, including placing an order, constitutes agreement to accept and comply with these terms. Use of the Website constitutes a declaration that the user is aware of and accepts these terms, and that neither they nor anyone on their behalf shall have any claim and/or lawsuit against the Company or its representatives, except for claims related to the Company's breach of obligations under these terms.
5. It is strictly forbidden to use the Website and/or its content, in part or in whole, for commercial purposes. The content may not be used in part or in whole for copying, editing, modification, reproduction, broadcasting, display, publication, transfer, sale, or distribution in any way by any user without the Company's prior written consent.
6. The sale of products is not intended for wholesale and/or resale (purchasing products from the Website for the purpose of selling them to a third party).
7. The information, including images displayed on the Website, is for illustration purposes only, and there may be differences between the appearance and specifications of products as shown in the image and the actual products. If any error occurs, such as in item description or price, this shall not bind the Company, and in any case, the Company shall not bear any liability exceeding the value of the purchased item nor any indirect and/or consequential damages. Without derogating from the above, it is agreed and clarified that the Company will make its best efforts to display accurate images and information as much as possible.
8. The Website's terms of use apply to the use of the Website and its services through any computer or other communication device (such as mobile phones, handheld computers, etc.). They also apply to Website use whether through the Internet or through any other network or means of communication.
Purchases
1. If the payment method intended for use by the user is a credit card, the user must be the owner of a valid credit card issued legally by one of the credit card companies operating in Israel or have received consent from such a credit card owner to use it.
2. If the chosen payment method is credit card - an order will be approved only upon receipt of approval from the credit card company. If approval is not received, the Company shall not be obligated to the customer in any way, including keeping the product in stock.
3. The Company does not guarantee to maintain stock of all products appearing on the Website. If a product is not in stock, the Company may decline to approve the order. It is clarified that even if the Website did not indicate that the product is out of stock or if the product was not removed from the Website until the time of order placement, the Company shall not be obligated to supply the product and/or approve the order, and the customer shall have no claim and/or demand regarding any damage in this matter. The Company shall be obligated to refund the customer the amount paid for the product or alternatively cancel the charge made.
4. The Company reserves the right to prevent access to purchases and/or cancel purchases of users whose behavior is inappropriate or not in accordance with the terms of use and/or these terms, or users who attempt to interfere with the proper management of the Website.
5. Gift card redemption shall be made according to the following conditions:
- Gift cards can be purchased on the Website by credit card only
- The amount stated on the gift card will be the amount paid at the time of order placement
6. The Company may change product prices from time to time without prior notice. The valid price for an order is the price appearing on the Website at the time of order placement. If prices are updated before order completion, the customer will be charged according to the updated prices.
7. The Company may offer promotions, benefits, and discounts on the Website and may change or end them without prior notice.
Shipping
1. The Company delivers products through a shipping company or courier and may change shipping rates from time to time without prior notice.
2. Deliveries will be made to areas determined by the shipping company subject to its policy, including its commitment to delivery timing. DIVISH is not responsible for delays by the shipping company, and in cases where customer approval was received to leave the shipment outside their home, the Company shall not be responsible for any damage to or loss of the shipment as a result.
3. If a delivery cannot be completed due to customer-related reasons, whether due to incorrect details provided during order placement and/or because the customer was not present at the delivery address at the time of delivery and/or if the customer refused to accept the delivery, the customer will be charged for shipping fees and additional handling fees.
4. The Company is not responsible for delay and/or late delivery of products in cases caused by majeure force and/or other cases beyond its control, including customer-related factors.
5. Business days are Sunday through Thursday only, excluding Friday, Saturday, holiday eves, and holidays.
Cancellations
1. Customer who has placed an order may cancel it in accordance with the provisions of the Consumer Protection Law, 1981 (hereinafter: "Consumer Protection Law"), as detailed below:
- As long as the order has not been delivered to the customer and until shipping coordination with the shipping company, the customer may cancel the order through written notice only via email.
- If the order has been delivered to the customer, they may cancel it within 7 days of delivery, through written notice only via email. For the avoidance of doubt, after 7 days from order receipt, it cannot be cancelled.
2. After receiving written confirmation from the Company regarding order cancellation, the customer will be credited within 14 days of receiving the cancellation notice, less cancellation fees of 5% of the order value or 100 NIS, whichever is lower. The credit will be processed only through the credit card used for the purchase.
3. In addition to the previous section, the customer will be charged 60 NIS for product collection and return to the Company.
4. The Company may update return rates from time to time without prior notice.
5. The Company shall be entitled to cancel the customer's order in the following cases:
- The Company is prevented from managing the Website properly, including in cases of technical failures.
- The Company is unable to supply the products.
- In any case where there was an error in any of the details displayed on the Website, including product description(s) and/or product price(s).
- The Company is unable to meet its obligations under these terms.
In any of the cases mentioned above, the customer will be refunded within 14 days of the cancellation notice.
6. Gift card may be cancelled within 2 business days from the day of receiving the order. When cancelling a transaction made with a gift card, the customer will not receive a cash refund but rather a credit voucher for future use on the Company's Website only.
Returns
1. If the customer receives a defective product or the product specifications differ from those published on the Website, the customer must contact the Company's customer service within 7 days of receiving the product. If the Company determines that the product is indeed defective, the product will be replaced or the customer's purchase will be cancelled, according to the customer's preference. If the customer chooses to cancel their purchase, they will be credited through the credit card used for the purchase within 14 days of receiving the cancellation notice from the Company.
2. Returns of cancelled orders will only be accepted if the products have not been used, are in their original packaging, with all original labels/tags attached to the item, and are complete and/or without any damage of any kind.
3. Product exchanges are possible within 7 days of order receipt by the customer and in condition they have not been used, are in their original packaging with all original labels/tags attached to the item, and are complete and/or without any damage of any kind. Product exchanges are subject to available stock on the Website only.
Warranty
1. As these items are handmade, there may be slight imperfections in the craftsmanship or leather from which the items are made. The Company does not consider these imperfections as defects.
2. The color catalog on the Website is for illustration purposes only, and there may be differences between the colors shown on the Website and the colors actually sold. Additionally, there may be differences between product images and/or measurements shown on the Website and the products actually sold. The customer hereby waives any claim and/or demand and/or lawsuit in this regard.
3. Product images and/or measurements on the Website are for illustration purposes only and do not bind the Company. It is clarified that there may be differences between images and/or measurements shown on the Website and the products actually sold, and the customer hereby waives any claim and/or demand and/or lawsuit in this regard.
4. The Company is not responsible for delay and/or late delivery of products in cases caused by majeure force and/or other cases beyond its control, including strikes, natural disasters, extreme weather, computer system failures, etc., including customer-related factors.
5. The Company is not responsible for use made by the customer that is not in accordance with manufacturer instructions.
Intellectual Property
1. It is strictly forbidden to use the Website and/or its content, in part or in whole, for commercial purposes. The content may not be used in part or in whole for copying, editing, modification, reproduction, broadcasting, display, publication, transfer, sale, or distribution in any way by any user without the Company's prior written consent.
2. The Company name, DIVISH, and product brand names, the Company's trademarks (whether registered or not), images, graphics, design, verbal presentation, and logo marks appearing on the Website - are all the sole property of the Company. They may not be used without obtaining the Company's written consent in advance.
