These general terms & conditions for browsing and using our website, purchasing and delivery of clothing (the "Product" or "Products") shall govern the contractual relationship between Danit Levi, an Israeli business, No. 305179954 ("DL") and you ("Customer").
1.1 All services regarding the website use, purchase of Products and the delivery of such Products by DL for any Customer shall be exclusively governed by the following general terms and conditions (“GTC“).
1.2 Any amendments and supplements to, or the cancellation of an arrangement including this agreement between DL and the Customer require the written form to be effective.
1.3 The individual concluding this agreement warrants and represents that he is legally entitled to conclude the agreement, or on behalf of the Customer.
2 REGISTRATION AT THE WEBSITE, PURCHASING OF PRODUCTS
2.1 The Customer may purchase the Products online at https://www.Danitlevi.com ("Website"). Customer shall have the option to register at the website and set-up a user account. Individual user accounts will be provided for each Customer. DL reserves the right to refuse the registration of a Customer.
2.2 Customer will be able to purchase the Product via the Website. A purchase of Product will be made by Customer, at his sole responsibility. Customer shall choose the Product design, color and fill in the Product measurements, at his sole responsibility. Customer shall fill in the complete and correct address for the delivery of the Product, at his sole responsibility. DL shall process such order and act to manufacture the Product and deliver it to the address which appears in the purchase order.
3 MANUFACTURING OF PRODUCTS
After DL has processed the purchase order, and authorized the transaction of the Product purchase, DL shall act to manufacture the Product and deliver it to Customer, according to the details provided by such Customer regarding the Product purchase. The parties acknowledge that no additional details regarding the Product have been agreed upon.
4 QUALITY OF PRODUCTS, USE, AND GUARANTEES
4.1 The Products shall be manufactured by standard means and materials. DL does not make any guarantee of quality regarding the Product materials. Customer acknowledges that there might be slight measurement deviations and Customer acknowledges that DL grants no warranty as to the exact measurements of the Product, and he releases DL from all responsibility regarding a reasonable deviation in the measurements of Product.
4.2 Customer warrants he shall use the Product only in the manner the Product is intended for.
5 DELIVERY OF PRODUCTS
5.1 DL may use a standard delivery method in order to provide the Products, and in any case DL shall not be liable for the occurrence of late delivery or Product damaged caused after the Product was dispatched to the delivery services. DL shall use reasonable efforts to maintain Product unharmed and to assure delivery on time.
5.2 The charges specified for the Products ordered may not include shipping and packaging, which separate charges will be agreed by the parties during the purchase process. Unless otherwise specified by the Customer, DL selects the manner of shipping.
5.3 If Customer chooses a different delivery method than the one offered by DL, the risk of loss, theft or damage of Products shall pass to the Customer at the time at which DL hands over the Product to the respective forwarder, carrier or other person or body specified to carry out the shipment of the Product.
5.4 Customer may request to collect the Product directly from DL. If so, Customer, or anyone on his behalf, pledges he is solely responsible for the Product, once the product was dispatched or collected or moved or otherwise transferred from DL to Customer or anyone on Customer's behalf, including, but not limited to delivery representatives in Customer's behalf.
5.5 Customer is responsible for original shipping charges, all applicable custom and duty import fees and the cost of return shipping back to DL in case of returns unless the item/s received are faulty or not as ordered. This also applies to any shipments that are refused by you at delivery.
Please check with your local customs office for any custom charges, duties or taxes which may be incurred. DL is not responsible for any customs charges or fees imposed.
6.1 Customer acknowledges that the Products are custom made. Customer accepts that he shall not be able to receive a refund for Product unless order was cancelled within 7 days after received by Customer. Customer agrees that he will be eligible to receive a refund only up to 50% of the Product price, and in case the Product was delivered, Customer shall be responsible also for the payment of the return shipping fees.
6.2 Faulty Products must be notified to DL within 7 days of receipt of Product and must be sent back to DL within 14 days. DL shall credit Customer for the shipment costs, if Product is indeed faulty. If that is the case, DL shall repair the Product and resend it back to Customer after coordinating the shipment terms with Customer.
6.3 Please note that unless the item is faulty, items that have been worn, damaged or altered from their original condition will not be accepted back for an exchange, repair, or refund.
7 PRICES AND PAYMENT
7.1 The price for Product and delivery of the Product is agreed between the parties in the course of the order process.
7.2 Unless otherwise agreed, the payments shall be paid in advance, and DL shall commence manufacturing only after receipt of payment.
While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that any party arising out of or in connection DL or the Products.
9 DATA PROTECTION AND CONFIDENTIALITY
9.2 The Customer agrees that all information received from DL shall be kept confidential.
9.3 DL shall use the standard measures of protection in order to protect your data, including personal data, payment details, cookies and any other personal and non-personal data.
10 DELETION OF ACCOUNT / SUSPENSION OF SERVICES
10.1 The Customer may request deletion of its account with the DL Platform at any time.
10.2 DL may suspend the Customer‘s account at any time, in case DL reasonably suspects that the Customer is in breach of his contractual obligations from these GTC. The Customer’s right to provide counter proof remains unaffected.
11 FORCE MAJEURE
In the event of DL being unable to fulfill its contractual duties as a result of force majeure (i.e. mobilization, war, terrorism, insurgence, natural catastrophes, fire) or due to other unforeseeable circumstances for which DL bears no responsibility (i.e. strikes or lawful lockouts, operation or transport interruptions, difficulties with the procurement of raw material, inadequate delivery from suppliers), the terms agreed on shall be extended by the duration of the obstruction plus an appropriate resumption time. Furthermore, DL shall not be held responsible for the circumstances mentioned if they occur during an already existing delay. DL shall exercise its pest efforts to notify the Customer as soon as possible of the start and expected end of such circumstances. If the obstruction lasts six months or longer, both parties shall be entitled to rescind the contract.
12.1 All legal relationships between DL and the Customer shall be subject to Israeli law under the exclusion of the UN Convention on Contracts for the International Sale of Goods (UN-CISG). This Agreement is concluded in the English language.
12.2 Exclusive jurisdiction and legal venue for all disputes resulting from or in connection with a delivery shall be Tel Aviv, Israel. However, DL shall be entitled to institute proceedings against the Customer at its place of residence or business.
12.3 Should individual provisions of these GTC be or become null and void, the validity of the remaining provisions shall remain unaffected. In such event, DL and the Customer shall agree on a change of such provisions as to best accomplish the objectives of such invalid, illegal or unenforceable provision within the limits of applicable law.
12.4 DL reserves the right to modify, change, replace or cancel these GTC at any time at its sole discretion. The latest and most updated version of GTC shall apply in the relationship between Customer and DL.
12.5 The Website is the copyright property of DL. You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any part of this Website or commercialize any information, products, scripts or services in any way.
Address: 51 Ha-Yarden St, Israel