Terms and conditions of useTERMS OF WEBSITE USE
- LEGAL INFORMATION
1.1 The website: www.jb-jewelers.com (the “Website
”), is the property of JB JEWELRTY INDUSTRIES (1993) LTD (“JB
- INTELLECTUAL PROPERTY RIGHTS
2.1 JB has the exclusive rights, title, and interest (unless stated otherwise) to the Website’s Intellectual Property Rights, including but not limited, to its content.
2.2 Intellectual Property Rights include all intellectual property rights of whatever nature without limitation: all texts, graphics, user and visual interfaces, photos, images, illustrations, trademarks, logos, layout, video clips, audio clips, sound, music, design, know-how, technology, drawing, products, artwork and other materials appearing on the Website, and future rights of copyright, as well as all rights to software programs, code and supporting documentation, moral rights, image rights, patents, trademarks, trade names, goodwill, internet domain names, registered and unregistered design rights, data, database rights and all other intellectual property rights (whether registered or not) or other rights or forms of protection having equivalent or similar effect anywhere in the world, insofar as these rights have been created by JB or its employees.
2.3 Except as provided for under §3 hereinafter, nothing contained on the Website shall be interpreted as granting license or the right to use any content on the Website.
- USE OF THE WEBSITE
3.1 The data contained on the Website is presented for information and promotion purposes only.
3.2 The information provided is for your personal use only and not for commercial use.
3.3 Any other use, including reproduction for purposes other than personal non-commercial use, modification, dissemination, publication, distribution, transmission, creation derivative works form, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except with JB prior written consent.
3.4 JB neither warrants nor guarantees that use of any content displayed on its Website will not infringe on third party rights.
- INFORMATION DEEMED NON-CONFIDENTIAL AND SUGGESTIONS
4.2 You hereby accept that all comments, suggestions, drawings, concepts, photos, testimonials or any other documents (except for your private confidential information) communicated or entrusted to JB through its Website or by any other means (“Suggestions
”) shall not be deemed as confidential and shall not be your property.
4.3 All Suggestions automatically become the property of JB as soon as they are made. Making a Suggestion transfers all rights, titles and interests, including the copyrights, linked to the Suggestions to JB. JB has no obligation (i) to preserve the confidential nature of any Suggestion; (ii) to financially compensate anyone in exchange of or in connection with a Suggestion; or (iii) to reply to or acknowledge receipt of any Suggestion made to it.
4.4 You hereby guarantee that no Suggestion made infringes on the rights of a third party, with respect to copyright, registered trademarks, patents, trade secrets, private life or any other personal or property rights. By making a Suggestion, you acknowledge that JB can (but is not obliged to) copy, publish, disseminate or use this Suggestion for any purpose, including, but not limited to, advertising, promotional or product development purposes or any other commercial purpose, without any financial compensation being payable to you or to any other person. You are and shall remain liable for the content of any Suggestion made by you.
- DISCLAIMER OF WARRANTIES
5.1 Any materials, information or Website content are supplied “as is” in terms of their availability, and with no guarantee of any sort, express or implied, including, amongst others, implied warranty of merchantability or suitability for any particular purpose.
5.2 JB carries no liability and cannot guarantee that the information contained on the Website is accurate, complete and up-to date, or that the Website contains no defect and that any existing defects will be corrected. By using this Website, you agree to do so at your own risk and assume full responsibility for any problems inherent in using it, any loss of data and costs related to any assistance or repair to any hardware and/or software used by you for connecting to the Website, and you agree that JB bears no liability whatsoever for any damage that may be caused by, result from or be connected to your use of the Website.
5.3 If you communicate with us by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages, you accept the risk inherent to such uncertainty and possible lack of confidentiality over the Internet.
- LIMITATIONS OF LIABILITY
6.1 You access, use, browse and navigate on the Website at your own risk.
6.2 You accept that, to the fullest extent permitted by applicable regulations, neither JB nor any of its affiliates shall, under any circumstances, be held liable for actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, even if JB was previously informed of the possibility of such damage, whether during a contractual action, a prejudice or any other theory, resulting from, or connected to the use, incapacity to use or execution of information, products or documents on this Website.
6.3 All materials downloaded or obtained in any other manner during the use of the Website are at your own risk. JB takes no responsibility for any damage or virus which might affect your computer equipment or other property by reason of your access to, use of, or downloading of any material from its Website or for any illegal intrusion or intervention in the IT system.
6.4 JB reserves the right to interrupt or discontinue any or all of the functionality of its Website. JB accepts no responsibility or liability whatsoever for any interruption or discontinuing of any or all functionality of its Website resulting from actions or omissions of JB or any third party.
- CHANGE OF INFORMATION
7.1 The content of the Website may contain inaccuracies or typographical errors. JB reserves the right to make changes, corrections, and/or improvements to such content at any time without prior notice but does not assume any responsibility to do so.
7.2 The style, drawing and colours of JB products featured on the Website may be modified without prior notice.
- AVAILABILITY OF PRODUCTS AND SERVICES
While every effort is taken to try to ensure that the colour, design, style, reference number, description and size of the products featured on the Website are representative of the original products, variation may occur. Neither JB nor its affiliated companies shall be liable for any error or inaccuracy in the description, reference and in the photographs or graphical representations of products displayed on the Website. JB will not be liable for such errors and is under no obligation to deliver the products and/or pay any damages whatsoever. Any questions about products can be directed to the JB Customer Service Department on the hyperlink.
10.1 The Website may contain links to other Internet websites that are not operated or controlled by JB. Those addresses or links are provided solely as aids to assist you to locate other Internet websites that may be of interest.
10.2 JB has not reviewed any of the websites which link to the Website. JB shall not be held liable for the availability or content of such websites or any article contained on or obtained through such websites.
10.3 Any links to off-sites pages or other websites are set up at your own risk. Any link to another website or any reference to information, products or services supplied by third parties, in no way implies that JB has given its approval concerning those websites or articles. Any question or comment concerning any other website must be sent to that website’s operator. No link with the Website is authorized without JB’s prior written approval.
- PURCHASING THROUGH THE SITE
12.1 The website allows, inter alia choosing and purchasing items from the items appearing on the website in an easy, convenient and quick manner.
12.2 In order to place an order one must first choose the requested item or the service.
12.3 For each item or service offered on the website a “product page” will be displayed upon which the details pertaining to the item or the service offered will appear and the sale price (“The Product Page
”). Your attention is drawn to the fact that JB is entitled to revise the Product Page from time to time and to add or remove items, to remove products that are no longer in stock, to add colors and/or sizes and to update and/or change the item price from time to time. It is clarified that the pictures on the website are solely for illustration purposes, pictures may differ from the actual products themselves, including but not limited to the colors appearing in the pictures and the details of the items. These differences derive, inter alia from the fact that the products are photographed and displayed on a computer screen.
12.4 The prices listed on the English version website are not including VAT prescribed by law of Israel unless expressly stated to the contrary.
12.5 In order to make a purchase through the website, you will be requested to select a password and to type in basic details such as his name, address, electronic mail address, telephone number and credit card number. In order for the order to be handled quickly and hassle free, one must ensure to remit correct details otherwise JB will not be able to guarantee that the order be processed (“Placing the Order
”). Your attention is drawn to the fact that knowingly remitting false details may be considered a criminal offense. Civil and criminal legal measures may be taken against those submitting false details, including but not limited to a claim in torts for damages JB sustains due to obstructions relating to the operation of the website. Likewise, the information that is remitted by the User through the website will serve, inter alia to send electronic mail concerning special offers or updates to the website , only after receiving the User’s permission to do so.
12.6 Upon placing the order JB will run a check pertaining to the credit card details and upon receiving the order confirmation from the credit card companies, will deliver appropriate notification to the User that the order was approved.
12.7 It is clarified that the person executing the action will be charged the cost of the product or the service that was purchased by him through the credit card immediately upon concluding the order.
12.8 The product/s and/or the service/s to be purchased through the website (i.e. whereupon an order was placed by the User and it was approved) will be referred to below as: “The Items”.
12.9 Conditions to Complete the Purchase transaction:
- The purchase transaction will only be concluded after completing the order process and after JB receives approval from the credit card companies that the charge has been approved in accordance with the work procedures in effect between them and JB. In the event a transaction is not approved by the credit card companies - the customer will receive appropriate notification.
- Completing the purchase transaction is also contingent upon the fact that the requested items are in stock at the time the order process is completed. In the event an item is no longer in stock and/or there is a problem will supplying the item, due to whatever reason, JB will be entitled to notify the User that the order was cancelled. Such notification will be delivered to the User via electronic mail and/or over the telephone, as JB so chooses. In such a case, the User will have no allegation whatsoever against JB and by the mere fact that an order is placed the User waives any such allegation.
- JB reserves the right to limit the number of items in each order.
12.10 The order will be recorded in the JB computers and they can be reviewed and track the handling progress using the “My Account” link on the website. Likewise, confirmation will be sent via electronic mail pertaining to concluding the transaction within 48 hours of the purchase transaction being concluded by the User on the website.
12.11 It is clarified and stressed that an electronic mail notification being sent in respect of the order being recorded in the JB computerized system does not constitute evidence of the fact that the transaction was completed and the fact that an email notification was sent is not binding upon JB. It is clarified that the JB computer system records containing a computerized and automatic record of all actions through the website constitute prima facie evidence of the content thereof.
- PRODUCT DELIVERY
13.1 The User may choose to have ordered items delivered directly to his home and/or to another destination of his choice or alternatively, may choose to have items sent to one of the JB stores of his choice.
13.2 Delivery to User’s Home:
- JB will deliver the items to the User through an independent courier service company (“The Courier Service Company”).
- Delivery of the items by the courier service company will be within a number of days following the date the order was placed through the website.
- JB is not responsible for any act and/or omission committed by the courier service company, including but not limited to a delay in making the delivery.
- Items will not be delivered on Fridays/Saturdays/Sundays/Eves of Holidays and holidays.
- JB is not obligated to deliver the items to areas having restricted access due to security reasons.
- Delivering items to the User’s home involves payment of a delivery charge as detailed on the website (“Delivery Charge”).
- The delivery charge will be added to the price of the items stated on the website.
- The delivery charge will be collected due to delivery to one destination, whether one or more items were ordered.
13.3 Delivery to One of the JB Stores across the Country:
- Delivery of the items to the store will be within a number of days following the date the order was placed through the website.
- The items will be delivered to the JB store selected by the User, of his preference, and as marked by the User on the website.
- Upon the ordered items reaching the JB store of the User’s choice, the JB representative will contact the User by telephone for the purpose of apprising him that the items have reached the stored. The User will collect the items from the store during the course of the store’s hours of business.
13.4 The delivery dates stated above will be counted from the date the order is approved by the credit card company.
13.5 It is clarified that the delivery dates detailed above are estimated dates. It is possible that changes will be made to the delivery dates due to delays dependent upon a third party and which are not dependent upon JB. The User confirms that it is aware that it is possible that the items will be delivered within a shorter or longer period of time than the estimated date and he also confirms that he is aware that JB will not be responsible for a delay in delivering the items in the following events:
- Due to a “force majeure” and without prejudicing the generality of the provisions above, a state of war, terrorist attacks, states of emergency and natural disasters.
- Strikes and/or go-slows with the suppliers of the goods required to manufacture and/or ship the products.
- Any other reason not within JB’s control.
- In regions with limited access from a security aspect, JB will be entitled to deliver the items to the User at a nearby and acceptance location and this upon coordinating this in advance with the User.
- It is clarified that JB does not give any undertaking in respect of the delivery dates whereupon the items are not in stock. If certain items are not in stock, JB will notify the User thereof who will be entitled to cancel the order.
13.6 It is clarified that delivering the items (to a JB store or the User’s home) may be contingent upon a showing of the User’s identity card and upon a showing of the “order confirmation number” as received from the ordering system in respect of concluding the transaction, pursuant to JB’s exclusive and absolute discretion. It is agreed that JB and/or anyone on its behalf will be entitled to demand any additional means of identification, pursuant to its discretion, as a condition precedent to delivering the items to the User
”) is authored and published by JB. Its purpose is to inform users (the “User
” and/or “You
”) of the Website, about how and why JB obtains, stores and processes data and information, such as name, address, e-mail address, telephone/fax numbers, credit card information, etc. (the “Data
”) which can identify the Users and that the User may send Us while accessing the Website.
By accessing the Website, the User unequivocally consents to the Data collection and practices described in this Policy. Any amendment to this Policy (each new version will be numbered accordingly) shall be immediately effective and applicable to the User as of the User’s next visit to the Website. The terms of this Policy are without prejudice to any contractual terms the User may enter into with Us, which shall prevail over the terms of the Policy.
JB has the full rights to update this Policy from time to time.
- DATA COLLECTION
- USE OF DATA
2.1 Most of Our services do not require any form of registration allowing You to visit Our Website without telling who You are. However, some services may require registration. When You register with JB, You may need to complete certain fields as well as chose a user name and password. In these situations if You chose to withhold any Data requested by Us, it may not be possible for You to gain access to certain parts of Our Website and for Us to respond to Your queries.
2.2 We collect Data about Users so that JB can personalize the use of the Website, assist the use of the Website and improve the Website generally. We may collect and use Data to invoice Our products or services, to inform Users about events, announcements, products or services, or to communicate with Users for other purposes, such as compliant processing, after sale repair tracking, etc. In particular, depending on User selections for Data protection questions We may arrange for Users to be sent information about related products and services from JB and carefully chosen third parties (see section 3). You may update answers to Your questions at any time.
In addition, We may use User data to improve Our services for Our own internal statistics and operational purposes, to evaluate customer interests, as well as purchasing and other trends among customer and to better determine product development, marketing strategies and customer services. Please note that we expressly reserve the right to verify the accuracy of User data, in particular with regard to contact details (postal address, email, phone, etc.), financial information and the purchase of Our products or use of Our services. By submitting personal information, the Users expressly consent to such use and verification.
Please note, however, that most of the information collected from Our website is anonymous, which We may process without User knowledge or consent to help improve the content of Our Website and to learn more about Our visitors’ behavior. In doing so, We may use tracking technology (such as cookies, i.e. small pieces of information sent to Your browser and stored on Your computer hard drive which, individually cannot be used to discover Your identity).
- NON-DISCLOSURE OF INFORMATION / NO SPAMMING
- SECURITY / CONFIDENTIALITY
4.1 Keeping Your information secure is very important to Us and certain sections of the Website may encrypt Data using SSL or a comparable standard. To enhance the security and confidentiality of Data that We collect online, We use data networks protected, inter alia, by industry standard firewalls and password protection. We undertake to take all reasonable steps in order not to allow Your Data to be accessed by third parties.
4.2 However, please be aware that the Internet is generally not a secure environment and no data transmission over the Internet can be guaranteed totally secure.
4.3 Although we strive to protect Your personal information, We cannot guarantee the confidentiality of the Data provided by You or material transmitted via Our Website or by e-mail. Thus, We cannot be responsible or liable for the security of Your Data whilst in transit via the Internet.
- ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
You have the right to access and update Your Data or to require their deletion at any time, by sending an email to [email protected]
- LINKS TO OTHER WEBSITES
As a service to Our visitors, Our Website may provide hyperlinks to other websites that are not operated or controlled by JB. Therefore, JB cannot be responsible or liable for the content of such websites or the privacy practices of such other parties. We encourage You to review and understand the privacy policies applied by such third parties before providing them with personal information.
- DATA AND CHILDREN
Our Website is a general audience site that are not designed nor intended to collect Data from persons under the age of 18 (“Children”). To respect the privacy of Children and to comply with the laws designed to protect them, Children should not provide any Data to this Website. We ask the parents to supervise their Children while online. JB will not knowingly collect, use or disclose Data from a Child, without obtaining prior consent from a person with parental responsibility (parent, guardian).
- COOKIES, WEB ANALYTICS AND TRACKING
9.1 Our web servers collect general data pertaining to each Website user, including their IP address, domain name, referring web page and the length of time spent and the pages accessed while visiting this Website. This web usage information is collected to help us manage and administer our Website, improve the content of our Website, to measure the effectiveness of our advertising, and customize and improve the Website user experience. Web analytic information is gathered using the following methods: (1) cookies, (2) web beacons (a.k.a. clear gifs), (3) conversion tracking, (4) third party ad serving mechanisms, and (5) general detection and use of your internet protocol (IP) address or domain name. We do not combine any web usage information with information collected offline or from other sources.
To make this site work properly, like most other websites, we sometimes place small data files called cookies on your device.
- SPECIAL CASES
10.1 JB reserves the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other JB Website users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.