Terms of use for the website and privacy policy
Revised: March 2024
Welcome to assafkidronart.com (hereafter – “the website”). The website is operated by Assaf Kidron – licensed dealer 038279345 (hereafter – “the artist” or “the company”).
The website is used for sales of various artworks created by the artist (hereafter – “the artworks” or the “products”).
1. General
a. The rules in these terms of use and the usage conditions appearing on the website define the relationship between the ordering party and the website and the conditions for using the website and/or ordering the products from the website. They constitute consent by the ordering party to these conditions and other conditions appearing on the website.
b. The company is entitled to revise these terms of use at any time.
c. These conditions apply to the use of the website and the services included in it by means of any computer or other communications device (such as a cellular telephone, various kinds of tablet, etc.). They also apply to the use of the website, whether by means of the Internet or any other network or communications device.
d. Nothing in these terms of use shall derogate from the provisions of the Consumer Protection Law – 1981 (hereafter – “the Consumer Protection Law”) and the regulations by virtue of it, insofar as they apply to the website (hereafter – “the provisions”), except in cases in which the provisions can be made conditional and such conditions were stipulated in the framework of the website, either explicitly or implicitly.
e. The chapter headings are given for the convenience and orientation of the ordering party, and are not be used in the interpretation of the terms of use.
f. No error in describing product(s) shall be binding on the company.
g. It is forbidden to copy and use, or allow others to use, in any other way content from the website, including on other websites, in online advertising, printed advertising, etc., for any other purpose.
h. The date listed on the company’s computers shall always be the determining date for all intents and purposes.
2. Use of the website
a. Any person, including a company, is entitled to use the website, including making purchases by means of the website, among other things, subject to his being competent to take binding legal actions and owning a valid credit card issued by one of the credit companies (above and hereafter – “the ordering party”).
b. Without derogating from the above, the company shall be entitled to prevent any individual from using the website either temporarily or permanently, at its sole discretion and without prior notice, including in any of the following cases:
i. An illegal act and/or a breach of the provisions of law has been committed;
ii. Any condition in these terms of use has been breached;
iii. Inaccurate particulars have been deliberately conveyed;
iv. An act liable to disrupt the proper operation of the website and/or any of the suppliers and/or any third party whatsoever has been committed.
3. Purchasing products on the website
a. Products can be purchased by adding them to the shopping cart, after which the ordering party must type in the following particulars in the online form designated for this purpose in the ordering process: first name, last name, telephone number, and email address. The particulars of the individual receiving the order must also be typed in: first name; last name; telephone number; city, town, or rural community; street; house number; floor number; apartment number; entrance; and any other identifying particular that can help the person making the delivery locate the property to which the delivery is being made, including comments and information about the delivery and/or what to do if the receiver of the delivery is not at home. The fields marked with a star must be filled in; without them, the order cannot be completed.
b. In order to prevent any possibility of an error in the delivery, the ordering party must provide precise and accurate particulars.
c. When completing the order, the ordering party shall confirm the order particulars and the accuracy of the particulars provided.
d. Filling in all of the particulars constitutes a prior condition for making the order, so that the order can be delivered efficiently and without errors. Care should therefore be taken to provide accurate particulars.
e. The ordering party’s particulars shall be updated in accordance with the instructions in the online order form on the website.
f. Filling in all of the particulars required for purchasing the product by the ordering party shall constitute making an order (hereafter – “the order”). When the order is received, the website shall check all of the credit card particulars. Only after the credit company or PayPal has approved the purchase, as explained below, shall the action be approved and final confirmation of the order be issued. The customer shall be billed for the product through the credit card and/or the PayPal account, as explained below, all subject to the products being available in the inventory of the company and the website.
g. The particulars typed in by the ordering party on the order form shall constitute conclusive proof of the correctness of the actions.
4. Method of payment for the order
a. Payment for products shall be by credit card or digital wallet, such as PayPal (www.paypal.com), or a similar service available for use on the website from time to time, at the website management’s discretion.
b. If the ordering party chooses to make the payment by credit card, he will be asked to provide the credit card particulars, ID number, the type of card, and the date on which its validity expires. If the ordering party decides to use PayPal for the payment, the company will be able to collect the payment for the products only after confirmation is obtained from PayPal. The use of PayPal and obtaining its confirmation are subject to the conditions for use of the PayPal website.
c. The website management reserves the right to terminate the use any means of payment whatsoever on the website, to allow the use of any additional means of payment, and to apply different payment arrangements to different types of credit cards or means of payment recognized by the website management.
d. After the payment particulars have been typed on the online order form, confirmation that the order particulars were received will be sent by email to the ordering party.
e. After the order is made, the website management will examine the means of payment used by the ordering party, send an appropriate notification to the ordering party stating that the order has been confirmed, and bill the ordering party’s account for the cost of the service.
f. If the credit company, the PayPal account, or any other means of payment in use at the time does not approve the transaction, the ordering party will be sent appropriate notification of this, and the website management shall contact the ordering party concerning the completion or cancellation of the transaction.
g. The delivery date shall be determined starting from the date of confirmation by the credit company, PayPal account, or another available digital wallet.
h. In the event that the ordering party is mistakenly billed by the credit company, the ordering party must notify the website management that it should credit his account accordingly.
5. Supply and shipping of the products
a. The website shall supply the product only after confirmation of payment is received from the credit company and/or the PayPal account, as stated above. The product will be delivered to the address that the ordering party typed in and/or communicated when the order on the online form was made.
b. The website management undertakes to supply the artworks once the order is recorded by the company within the time framework stipulated on the artwork webpage, and will do all it can to have the product reach its destination quickly.
c. The deliveries supplied through a delivery company on behalf of the website management are according to the conditions and distribution areas of the delivery company and as arranged in advance with the party receiving the order.
d. If the delivery company is unable to make delivery to the delivery address for any reason whatsoever, the website management shall notify the ordering party and take steps to find an alternative solution satisfactory to both parties.
e. If deliveries are made by a courier company through which the products are shipped, the conditions of the courier company shall be binding on the customer.
f. The artwork shall be delivered to the requested address by a deliveryman.
g. The artwork shall be delivered at no cost to the ordering party if this is stated on the website.
h. The company shall not be held responsible for any delay or lateness in supply and/or failure in supply of the products caused by any of the following:
i. Force majeure, and without derogating from the generality of the above, a military operation, emergency operation and/or natural disaster damage
and/or events beyond the control of the website, such as general strikes and lockouts and/or strikes and lockouts at suppliers of goods or providers
of services needed to supply or ship a product.
ii. Any reason beyond the control of the website and/or the company.
iii. A reason involving the party making deliveries.
i. The stated supply times for the products include only business days (excluding weekends and holidays).
j. If the product was not supplied within the supply period listed on the website, the customer must notify the website immediately. In this case, the new supply time shall be calculated from the day on which a new supply date is arranged.
k. Care should be taken to provide accurate and up-to-date particulars. In the event that the products are returned to the company due to erroneous particulars, the ordering party shall pay delivery and handling fees.
6. Cancelation of a purchase by the ordering party
a. The ordering party is entitled to cancel the transaction in accordance with the provisions of the Consumer Protection Law and the regulations by virtue of it.
b. Without derogating from the above:
i. Cancelation shall be solely by written notification to the info@assafkidronart.com email address.
ii. Cancelation by the customer is subject to return of the product in the original packing, insofar as this is reasonable or possible.
iii. After a cancelation notification is received, the amount paid by the ordering party shall be returned to him. Other provisions of the Consumer
Protection Law pertaining to the cancelation of a purchase by the ordering party, including those involving the obligation to return the product, shall
also apply.
7. Cancelation by the company of a purchase
a. The company shall be entitled, at its sole discretion, for any reason and at any time, to cancel or terminate a transaction and/or sale and or to cancel an order, in whole or in part, and/or the activity of the website in whole or in part.
b. Notification of such cancelation or termination shall be sent to the user or the ordering party, and the company shall refrain from billing the credit card of the ordering party, or shall reimburse any amount paid for the products, insofar as any
amount was paid.
c. Except for reimbursement of the amount of such a transaction, the user or ordering party shall have no contention and/or claim, and/or demand against the company and/or the supplier in respect of the cancelation of the transaction described in this section.
8. Copyright
a. All intellectual property rights, including patents, copyrights, and models, are the exclusive property of the company or other third parties who have permitted the website management to use them.
b. These rights apply, inter alia, to the data on the website, including the list of products, the description and design of the products, and any other item related to its operation.
c. These rights also apply to the name of the website, the name of the website domain (assafkidronart.com), and the trademarks (whether or not they have been registered), all of which are the property of the company, and must not be used without its advance written consent.
d. Copying, duplicating, distributing, selling, marketing, leasing, and translating any information whatsoever from the website is forbidden, including trademarks, images, and texts; the design of products; images of the product; etc. without advance written consent from the company.
e. It is forbidden to use deep links to content from the website other than the home page. It is forbidden to display or advertise such content in any manner whatsoever unless the deep link is for a complete Internet page on the website as is, so that it can be viewed and used in a manner identical to its use and viewing on the website, and with the consent of the management of the website.
f. The management of the website is entitled to order cancelation of a deep link, even after it has consented to its use, at its sole discretion. In such a case, there shall be no contention and/or demand and/or claims against the management of the website.
9. Warranty
a. The warranty for artworks is valid for five years.
b. The company shall nevertheless bear no liability for any damage resulting from improper use, a fall, etc.
c. The company (and/or anyone on its behalf) shall bear no direct or indirect liability whatsoever for damage caused by the use of and/or reliance on information published on external websites accessed by means of any of the services on the website. It is hereby clarified that the company is doing its best to cooperate exclusively with reliable and reputable suppliers, and shall continue to do so.
d. The company (and/or anyone on its behalf) shall bear no direct or indirect liability whatsoever for damage caused or related in any way to the use and/or performance of the website.
e. In any event, the company shall bear no liability for any activity whatsoever of any other party not under its full control.
10. Confidentiality and privacy
a. All of the ordering party’s personal particulars (name, email address, etc.) shall be saved in the company databases.
b. The company shall not transfer the ordering party’s personal particulars to any other party other than suppliers, when necessary, and only in order to complete a transaction.
c. The company shall make no use of particulars of the ordering party’s means of payment except for executing payment for a transaction that the ordering party has requested. These particulars shall not be transferred to any other party other than for this purpose. In order to remove all doubt, the particulars of the means of payment are not being saved in the company databases.
d. Regardless of the above, the company shall be entitled to transfer the user’s personal particulars to a third party in cases in which the ordering party has committed an act or failure that damages and/or is liable to damage the company and/or any third parties whatsoever, and/or the ordering party has used the company’s services to commit an illegal act, and/or the company receives a court order instructing it to disclose the ordering party’s particulars to a third party, and/or in any dispute or legal proceedings.
e. The company may use the ordering party’s personal particulars without the ordering party’s specific identity for the purpose of analyzing and displaying statistical information and/or disclosing it to other parties.
f. Since actions in an online environment are involved, the company is unable to guarantee absolute protection against penetration of its computers and exposure of the stored information by parties committing illegal acts. If a third party successfully penetrates information saved by the company and/or misuses it, the user shall have no contention and/or claim and/or demand against the company.
g. The company shall be entitled to use cookies in order to provide rapid and efficient service to the user, and to make it unnecessary for the user to type in his personal particulars every time he enters the website.
h. In case of events not subject to the company’s control or resulting from force majeure, the company shall bear no liability for any direct or indirect damage of any type whatsoever suffered by the ordering party and/or anyone acting on behalf of the ordering party if this information is lost, or if unauthorized use is made of it.
11. Law and jurisdiction
a. The law applying to these terms of use and/or any action and/or any dispute arising from it shall be exclusively Israeli law.
b. In any case of a dispute, the Tel Aviv-Jaffa courts (the Magistrates Court or the District Court) shall have exclusive jurisdiction for hearing it.
c. The law applying to use of the website, the order, and these terms of use, including the interpretation and enforcement of these terms of use, is exclusively Israeli law.