Terms & Conditions – EN

In this article of associations, the terms defined therein shall have the following meanings:

1. The operator and / or the business: “Morano” authorized dealer num. 062893292
2. The website – the website www.bymorano.com
3. The jewelry – the jewelry that appears on the website and is offered for sale.
4. Time of delivery of the goods: Day of delivery of the goods – the day on which the goods were delivered to the destination requested by the customer.

* Courier mail: up to 14 business days from the date of ordering, depending on the shipping company.

5. Mailing address – The address specified by the customer as the address for sending orders.
6. The requested date for the delivery of the goods – the date specified by the client as the date on which they prefer that the goods be delivered to it.
7. The day the order was placed – the day on which the credit company approved the transaction made by the customer.
8. Business days are weekdays, Sunday through Thursday, and do not include Friday, Saturday, holiday eves and holidays.
9. The wording of this article of associations appears in female language but is intended for both sexes.

General

10. The site serves as a virtual store for the sale of jewelry manufactured by: “Morano” authorized dealer num. 062893292 (hereinafter: “The Business”) owned by Moran Bar Romano, and managed by her.
11. For any question and / or clarification and / or inquiry, you can contact the customer service of the business directly by email info@bymorno.com or by phone no. 054-8100022. This article of associations is the legal basis for bookings and browsing the site and is the only one that regulates the relationship between the business and the surfer on the site and / or the customer through the site.
12. Any person who places an order and / or purchase through the site declares that when performing the transaction they have read these article of associations, and that they agree to all the provisions and terms of this article of associations, and that they or anyone on their behalf will not have any claim and / or demand and / or lawsuit against the site / or the business and / or the management of the site and / or Moran Bar and / or any of her managers and / or employees, in all matters relating to the provisions and conditions of these regulations.
13. The management of the site reserves the right to change the regulations from time to time at its sole discretion without the need to give notice and / or prior notice.
14. The prices of the products include VAT according to the law.
15. The computer records of the business only, regarding the actions performed through the site will constitute apparent evidence of the correctness of the actions.
16. The product images displayed on the website are for illustration purposes only and do not obligate the business and / or the management of the website at all.
17. It is also agreed and clarified that the business will try its best to present its customers with as accurate pictures as possible.
18. The business does not undertake to keep stock of all the jewelry models whose photos appear on the website.
19. The business does its best to ensure that the information displayed on the site is the most complete and accurate information but it is clarified that inaccuracies or errors may appear in it in good faith and the business will not bear any responsibility arising from or related to them.
20. All prices on the website appear on the products and are denominated in new shekels. Prices include VAT, if applicable by law, and do not include shipping.
21. The management of the site may update the prices of the products on the site and the shipping rates from time to time and without the need for prior notice. The price valid in relation to the order placed is the price published when completing the order process (which includes the provision of credit card information). If prices are updated before the ordering process is completed, the customer will be charged according to the updated prices.
22. The management of the site may offer promotions, benefits and discounts on the site or in any other means of communication – including telephone, e-mail or text message. The business and / or the management of the site may at any time terminate these promotions, benefits and discounts, replace them or change them, without the need to give any prior notice.
23. The terms of use of the website apply to the use of the website and the services included in it using any computer or other communication device (such as a cell phone, various PDAs, etc.). They also apply to the use of the site whether through the Internet, or through any other network or means of communication.
24. When updating the shopping cart, the business reserves the right to send a reminder to the customer about the abandoned basket, by sending an email to the address entered.
25. When registering for the site, you can and will be offered a registration option for the official mailings of the site. If the customer wishes to remove themselves from the mailing after signing up, they can do so easily through the link at the bottom of the received mailing. Please note that there are separate mailing lists, one general sent about innovations on the site and the other includes personal updates to the customer – the customer must note that they have removed themselves from the requested list, and in case they do not want to receive more mailings – it is their responsibility to remove themselves from the various lists.
26. Registration to the site is limited to creating a single account for each customer. The company reserves the right to remove duplicate accounts.
27. The management of the site refers to the tagging on the Instagram network with the following tags – bymorano, as an invitation to share the visual content, which after uploading has been selected for display on the site in the relevant category. Any surfer who is not interested in presenting a program in the above manner is invited to contact customer service in any means of communication of their choice, and the content will be removed immediately.

Registration on the company’s website and making orders through the website

28. Products will be purchased by a registered customer by filling out an order form that appears on the website. It will be clarified that filling in all the details is a precondition for placing the order.
29. The business and / or the management of the site will not make any use of the customer’s details, except in accordance with the site’s privacy policy and forms an integral part of these terms of use and purchase.
30. In order to ensure that the order is carried out efficiently and without incident, care must be taken to provide all the required details on the website accurately. If incorrect details are provided when placing the order, the business will not be able to guarantee that the products will reach their destination. In the event that the products are returned to the business due to incorrect details, the customer will be charged for shipping and handling fees. Care must be taken to fill in accurate and up-to-date details.
31. Invitation as a guest – It is possible for the customer to place an order on the website without registration. However, if the customer placed an order as a guest and then asked to return the order – in order to be able to register a credit to their credit, a temporary account will be created to which the credit will be entered. If the customer is interested in a refund and is entitled to it according to the Shipping and Returns Regulations, such a refund will be given at the expense of the credit.
32. Upon placing the order by the customer, the business will check the credit card details, and upon confirmation of the order by the credit card companies, a notification will be sent to the customer that the transaction has indeed been approved.
33. The order details as entered by the customer in the order form and registration of the transaction on the home business computers, will constitute a complete and final proof of the correctness of the course of action.
34. In the event that the transaction has not been approved by the credit company, the executor will receive appropriate notice and will be required to provide another means of payment.
35. Approval of the purchase operation is conditional on the product actually being in stock, on the requested delivery date and / or on the order date. But if it is not stated that the product is not in stock and the product has not been removed from the site by the time the order is placed, the business will not be liable to sell the product, and the buyer will not have any claim and / or demand in this regard for any type of damage, direct or indirect damage, which was caused to the purchaser and / or to a third party. The aforesaid is subject to the fact that the management of the site will refund the customer any amount they paid if they did pay to the business and / or the business will cancel the charge if it was made. It should be emphasized and clarified that there may be situations in which even though a certain item is displayed on the site as in stock, in practice it is not in stock and can not be delivered – in these situations the transaction will be canceled and the customer will not have a claim.
36. Each customer will be allowed to order a product and select a desired destination for delivery by updating the desired destination in the order form – but the last destination for delivery that will be updated by the customer will be stored in the business’ database as the customer’s desired destination.
37. It is emphasized that the business will be entitled to not approve a customer’s order for any reason and at its sole discretion as in cases where: Once the details have been provided, the binding documents have been approved and the customer’s consent to the terms of use and privacy policy, the site management may, but does not have to present or send the client updates via their account on the site or via e-mail. This includes content updates, information about its services and products, as well as services and products of others, promotions, news on the site, as defined in section 30A. of the Communications Law (Bezeq and Broadcasting) -1982.
38. If when registering on the site, incorrect details were intentionally provided
39. If an act or omission has been committed, which harms or is likely to harm the site or the management of the site, or any third parties, including the customers, employees and suppliers of the site management.
40. If the website services were used to commit an act that was deemed illegal under the laws of the State of Israel or to enable, facilitate, assist or encourage the commission of such an act
41. If the terms of this agreement, the terms of one of the binding documents or the terms of any other online service offered by the site have been violated
42. If there is a financial debt to the business, or to companies and / or related businesses and the debt has not been repaid, even though the due date has passed
43. If the customer’s credit card has been blocked or restricted in any way
44. Once the payment details have been entered on the payment page, a confirmation of receipt of the order details will be sent via e-mail. This confirmation does not oblige the site management to provide the products, and it only indicates that the order details have been received by the site management.
45. If it turns out that the customer’s credit card is not valid, or that the credit card company does not respect the transaction, or that the clearing company does not respect the charge, or the requested product is not in stock in the possession of the business, the site management will contact the customer to complete or cancel the transaction.
46. Payment through the Verifone clearing company account. Moran Bar Romano will only be able to charge for the products after receiving approval from the clearing company. The use and acceptance of the license is subject to the terms of use and privacy policy of Verifone, and not of the site.

Cancellation of transaction and product return policy

42. The provisions of this section are subject to the Consumer Protection Law 1981 (hereinafter: the Law).
43. Due to the fact that all the jewelry, offered for sale through the website by the business, was created specifically for the customer, in accordance with the dimensions and requirements provided by the customer to the business, through the website, it will not be possible to return the product.
44. Nevertheless, and without prejudice to section 2, the customer has the option to cancel the order, within 12 hours from the time of the order, and as long as the product was not shipped to the customer.
45. Cancellation of an order as stated in section 3 above, in this case the credit will be transferred to the credit card with which the order was made, and in accordance with the schedules of the credit company.
46. Cancellation of an order as stated in section 3 above will result in a charge of work cost of 350 NIS, and the money paid for the transaction will be refunded to the customer, including delivery fees, not including work costs. A financial credit will be given in accordance with the provisions of the law.
47. In the event that a defect and / or damage is discovered in the product – the client shall return the jewelry to the business for inspection, with the label on it and as received, and with the original box – if the product is returned not as stated in this section, the customer will not be credited (not financially and not with a credit voucher).
48. The business has the sole discretion, regarding the condition of the returned goods, after inspection of the product.
49. Defective product must be returned to the business immediately, and no later than 7 days from the date of receipt.
50. In the event that it is determined that the product is defective, the customer will be entitled to receive the same piece of jewelry, unless the product is not in stock, in which case the customer will be offered another piece of jewelry of the same value, or a monetary credit, according to the customer’s choice, as long as one month did not pass since the time of transaction.
51. For the avoidance of doubt, eligibility for a monetary credit for a defective product is conditional on a time of up to one month (at the latest) from the date of the transaction on credit and / or in a clearing company.
52. No monetary credit will be given for items for which no monetary consideration has been paid, such as promotions or gifts.
53. How to return the items – the customer will send the item back to the business, to Emil Brig 8 Tel Aviv, without shipping cost, as detailed on the page attached to each package and allows a collection postal service on the expense of the business.
54. In any case where it turns out that the damage was not caused as a result of the conduct and / or failure of the business, the customer will be charged the full cost of delivery (collection).
55. Direct debit cards cannot be credit, so direct card holders are only entitled to receive credit on the site.
56. Returning items purchased through credit on the site will entitle the customer to a refund of the credit to their account.

Business house responsibility

57. The business and / or the management of the site and / or those on their behalf will not be responsible or liable for any direct, indirect, consequential or special damage caused to the user and / or the surfer and / or the customer and / or a third party, as a result of using or purchasing through the site. Not according to these regulations – whatever the cause of action is – including loss of income and / or deprivation of profit that will be caused for any reason, then the business reserves the right to cancel the specific order.
58. If there is a clerical error in the description of the item, this will not obligate the business and / or the management of the site.
59. The images of the items on the site are for illustration purposes only and there may be differences between the images displayed on the site, some or all of them, and the items actually sold.
60. In any case, the business will not bear any responsibility that exceeds the value of the jewelry / product purchased, as well as any indirect damage and / or consequential damage.
61. The business is not responsible for the use made by the customer and / or the customer that is not in accordance with the instructions of the business.
62. The site management will not be responsible for delays in the delivery of items as a result of events beyond its control, such as malfunctions, delays, strikes, natural disasters, malfunctions in the computer system or telephone systems that will impair the completion of the purchase process or malfunctions in the e-mail service.
63. The management of the site will do its best to provide quality products on time. If the customer believes that the products she purchased through the site or the services are defective in any way, they are welcome to contact customer service via email info@bymorno.com and / or by phone 054-8100022 and the site management will handle the application as early as possible.

Copyright

64. All intellectual property rights, including copyrights, designs, images, methods and trade secrets, are the property of the business and / or Moran Bar Romano only. These rights apply, among other things, to the data on the site, including the list of products, photos, description and design of the jewelry, and any other details related to its operation.
65. No information may be copied, reproduced, distributed, sold, marketed and translated from the site, including trademarks, images and texts, jewelry design, jewelry images, etc., without the prior written permission of the business and / or Moran Bar.
66. No commercial use may be made of the data published in the database, the list of products appearing on it or other details published on it, without the prior consent of the management of the site and / or the business and / or Moran Bar in writing.
67. Do not use any data published for the purpose of presenting them on a site or any other service, without obtaining the consent of the site management and / or the business and / or Moran Bar in advance and in writing and subject to the terms of that consent (if given).
68. The name: “Morano”, as well as the domain name www.bymorano.com, of the site, are trademarks (whether registered or not) are all the property of the business and / or Moran Bar only, and must not be made use of without written permission.
69. As long as there are trademarks (including images, drawings, etc.) submitted for advertising by the companies offering products and services for sale on the site, then the trademarks are the property of those companies and may not be used without their consent.
70. All verbal content, icons, all information and / or display appearing on the site, including graphics, design, verbal presentation, trademarks, logos including their editing and display on the site, are the sole property of the business and / or Moran Bar Romano.
71. The site services should be used for legal purposes only.
72. Do not copy and use, or allow others to use, in any other way the content from the site, including other websites, electronic publications, print publications, etc., for any other purpose.
73. Do not run or allow to run any computer application or any other means, including software such as Crawlers, Robots, etc., for the purpose of searching, scanning, copying or automatically retrieving content from the site. This includes not creating and not using such means to create a compilation, collection or repository that will contain content from the site.
74. Content from the site must not be displayed in a frame, visible or hidden.
75. Content from the site may not be displayed in any way – including through any software, device, accessory or communication protocol – that changes the design of the site or removes any content from it, in particular advertisements and commercial content.

Privacy Policy, Database and Direct Mail

76. The personal details provided by (hereinafter: “the registrant”) as part of filling out the registration form will be subject to the privacy policy of the business.
77. The business will not provide the details of the registrant except in each of the cases listed below: (A) if required to do so by a court order or by law; (B) if you receive notice of legal action against the business in respect of actions taken by the registrant and in any dispute, claim, suit, demand or legal proceedings, if any, between the registrant and the business and / or against Moran Bar; (C) If the business and / or Moran Bar organizes their activities within another body – and in the event that it merges with another body or merges its activities with the activities of another body – the business and / or Moran Bar will be entitled to transfer to the other other body the details of the registrant provided that the other body accepts the provisions of this privacy policy. (D) If a claim is made or arises at the business and / or Moran Bar the suspicion that the registrant committed an act and / or omission that harms and / or may harm the business and / or Moran Bar and / or anyone on its behalf and / or any third parties. (E) if a claim is made or arises at the business and / or Moran is suspected that the registrant used for the purpose of committing an illegal act and / or to enable, facilitate, assist and / or encourage the commission of such an act; (F) if a claim is raised or arises at the business and / or Moran Bar the suspicion that the registrant has violated any of the terms of the regulations and / or any agreement with the business and / or Moran Bar with anyone on its behalf; (G) If and to the extent required for the activity of the business and / or Moran Bar, such as transferring details to employees, subcontractors and other entities partnering or involved in operating the business of marketing the business to registrants there will be no claim or demand towards the business and / or Moran Bar and / or anyone on their behalf in connection with the delivery of their details as aforesaid and they hereby waive any claim and / or claim as aforesaid.
78. Filling out the registration form constitutes the registrant’s consent that the registrant’s details and any data generated based on the analysis of these details and any information about them who came and / or will come to the knowledge of the business or the site management, will be kept in one or more databases of the business or on its behalf. It is used in accordance with the following purposes: (A) for the purposes of marketing, advertising, promotion and sales and for the purpose of contacting the registrant in any way, including by direct mail by any means of communication (including writing, print, telephone, text message, facsimile, computerized or other means); (B) for the purposes of encouraging loyalty, analysis and statistical research, conducting surveys and any other online use in connection with a marketing topic; (C) for internal needs, such as the need to investigate complaints and / or reviews; And (D) for the purposes of mailing marketing and advertising material, including through the use of “cookies”. Such use of the registrant’s information will not be considered an invasion of privacy. It is further agreed that such information will be considered the property of the business and / or of Moran Bar and the registrant hereby waives any claim for use and / or ownership of such information, including waiver of any claim under the Privacy Protection Law, 1981. The business and / or Moran Bar will not be considered a breach of a commitment to privacy or infringes on user privacy due to any information, as defined in the Computer Law 5755-1995, which may identify a user or track them by someone else, and which results from the use of electronic communications in general and computer communications in particular
79. The registrant confirms that they are aware that they do not have a legal obligation to provide their details and that the provision of the above information is done of their own free will and with their consent. The registrant hereby expressly agrees to the aforesaid use of the details they have filled out and confirm that their use will not be considered an invasion of privacy and will not entitle them to any relief and / or compensation of any kind.
80. Subscribers who wish to not receive inquiries through direct mail will notify this in writing on the business website info@bymorno.com or through the removal mechanism found in each mailing and in this case the business will operate in accordance with the instruction given to it. For the avoidance of doubt, the business and / or Moran Bar Romano will still be entitled to use the details of the registrants for the purposes specified In paragraph 78 above, subject to the protection of the privacy of the registrants and in accordance with applicable law.

Confidentiality

81. The business does not store credit card numbers on its computers.
82. The business uses the highest security standards in order to maintain the confidentiality of the information and the privacy of its customers as much as possible.The strict security standards that the site meets are designed to protect consumers, merchants and credit card companies. The introduction of PCI DSS significantly increases the level of security and therefore helps foster the trust of online clearing users in the use of credit cards. “Credit Guard” uses the services of “Comsec”, a company that specializes in detecting loopholes in the network, exposing the holes in the site’s computer system and servers, and blocking them from hacking and intrusion from the outside. The standard certification service includes the largest amount and variety of tests at the highest standard level, level 1.
83. The site is secured using the SSL protocol, which means that all communication between the browser (at the client) and the site (ie the web server that stores the pages) is encrypted so that the information transmitted between the browser and the site cannot be decrypted. That is, the guaranteed ‘security’ is an encryption of the information. Encryption is a method of scrambled designed to deceive hostile parties and is performed on two partners: the sender scrambler and the receiver decoder. The scrambling method is based on mathematical functions, and what is special about the method (such as RSA) is that one key on the client side is not enough to scramble and decipher, two are required.
84. In cases beyond control and / or due to force majeure, the business and / or management of the site, and / or Moran Bar Romano will not be liable for any damage of any kind, indirect or direct caused to the customer or anyone on its behalf, if information is lost or reaches a hostile factor and / or will use it without permission.
85. The management of the site and / or the business undertakes to not use the customer details registered on the site, but only for the needs of the site’s operation, and in order to enable the execution of the order and the transfer of information to the customer.
86. The management of the site makes an effort to provide the customer with proper and high quality service. However, the management of the site does not guarantee that the service on the site will not be interrupted, provided properly or without interruptions, will take place safely and without errors, and will be immune from unauthorized access to the site management computers, damages, breakdowns, glitches or failures – including malfunctions in hardware, software or communication to the site – with the site management or one of its suppliers
87. The management of the site will not bear any responsibility with regard to messages received or sent through the site (including messages sent to customers by other users through the site’s services), the content of such messages or any computer file attached to them, the operation of any such file, its effect on the user’s computer and damage, loss, inconvenience, mental anguish, etc., results, direct or indirect, caused to the user or any third party due to messages received through the site services or sent through it.

The applicable law and legal jurisdiction

88. The interpretation and enforcement of these articles of associations and / or any action or dispute arising therefrom shall be made in accordance with Israeli law only and the competent court in Tel Aviv-Yafo only, shall be entrusted with exclusive jurisdiction.