“TZUBAWINERY” TERMS & CONDITIONS
“TZUBAWINERY”TERMS&CONDITIONS"TZUBAWINERY"welcomes you and thanks you for choosing to browse our websiteat: WWW.TZUBAWINERY.CO.IL (the “Website”or the “Site”).The website was created with the main goal of providing a convenient platform for visitors and customers to view and/or purchase the variety of the winery's unique wines(the “Products”). In addition, the site provides anoption to bookinga tour at the winery, which includes instruction, wine tasting and more(the "Services").The website provides information about thewinery, theproductsfor sale and the services offered by the site,including pricesand more.
1. AGREEMENT TO TERMS: 1.1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and the Site (“we”, “us” or “our”), concerning your access to and use of the Site as well as any other media form, media channel, mobile website or website related, linked, or otherwise connected thereto. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions (“Terms and Conditions”). 1.2. In the event of inconsistency between any terms of this contract and any translation into another language, the Hebrew version will control and prevail on any question of interpretation or otherwise. 1.3. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. 1.4. The Site is intended for users who are at least 18 years of age. 2. INTELLECTUAL PROPERTY RIGHTS : 2.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, application, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. 2.2. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks. 3. USER REPRESENTATIONS : 3.1. By using the Site, you represent and warrant that: (1) Each and every use of the Site is for your own risk and responsibility; (2) all registration information you submit will be true, accurate, current, and complete; (3) you will maintain the accuracy of such information and promptly update such registration information as necessary; (4) you have the legal capacity and you agree to comply with these Terms and Conditions; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. 3.2. We have the right to refuse any and all current or future use of the Site. Without Limiting the generality of the Foregoing, if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to block your access and refuse any and all current or future use of the Site (or any portion thereof). 4. PROHIBITED ACTIVITIES : 4.1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 4.2. As a user of the Site, you agree not to: 4.2.1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; 4.2.2. make any unauthorized use of the Site, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email by automated means or under false pretenses; 4.2.3. steal and/or copy and/or make any use of the designs and/or ideas of products on the website; 4.2.4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein; 4.2.5. trick, defraud, or mislead us and other users; 4.2.6. make improper use of our support services or submit false reports of abuse or misconduct;
8.5. No sale of personal information. The Site has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act. 8.6. No Discrimination. The Site will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act. 9. COPYRIGHT INFRINGEMENTS : 9.1. We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. 10. TERM AND TERMINATION: 10.1. These Terms and Conditions shall remain in full force and effect while you use the Site. without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. we may terminate your use or participation in the Site and any content or information that you posted at any time, without warning, in our sole discretion. 11. MODIFICATIONS AND INTERRUPTIONS: 11.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. 11.2. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. 11.3. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. 12. FEES AND PAYMENTS: 12.1. Prices, availability, and other purchase terms are subject to change. The Site reserves the right without prior notice to discontinue or change specifications and prices on the products offered on and outside of the Site without incurring any obligation to you
12.2. You are responsible for providing true, accurate, current, and complete information when ordering products through the Site or otherwise. If you use the Site or other means to purchase a product, payment must be received prior to acceptance of an order. The Site may need to verify information you provide before accepts your order, and may cancel or limit your order any time after it has been placed. If payment has already been made and your order is cancelled or limited, The Site will refund any payment you made for the order that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase. 12.3. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the product you have purchased, you agree that we may, at our option, suspend or terminate delivery of order and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. 12.4. Purchases of products through the Site may be subject to other terms and conditions that are presented to you at the time of purchase. 12.5. All International taxes and additional fees associated with the products, which are not Israeli taxes, will apply to the customer and the customer will have no complaint on the matter. 12.6. After placed an order the Website will send a number of messages to the customer, including confirmation of the purchase, invoice, information about the delivery and order and more. The Site reserves the right to forward the messages in any means of communication, by e-mail or text message. 12.7. Due to the products (alcoholic beverages), the site and/or anyone on its behalf will be entitled to require the presentation of an identity card of the costumer and/or recipient of the delivery, in order to verify that he is mature and legally qualified to receive the products. The costumer will not have any claim and/or demand towards the Site in respect of the Site's refusal to provide a service for these reasons. 13. SHIPPING POLICY: 13.1. Orders placed on the site will ship to the address provided by the customer and/or to any other location agreed upon by the parties while placing the order. 13.2. Orders within the State of Israel will be handled and delivered Within 5 business days by courier. 13.3. “Business day”- any day except for any Friday, any Saturday and any day which is an Israeli holiday or any day on which the Israeli banking institutions are authorized or required by law or other governmental action to close. 13.4. The shipping cost is not included in the price of each product. The shipping cost may be updated from time to time in accordance with what is stated when placing the order on the website. 13.5. The site may set a minimum amount for ordering on the site. 13.6. In the event that a product ordered on the Site is out of stock at the time the order is placed, the Site will contact the customer. If the customer cannot be reached, the Site will ship the order without the product which is out of stock.
13.7. In the event that the customer is not at home at the time that the order arrives, the order will be returned to the store and reshipped once an additional shipping fee has been paid by the customer. 13.8. The order will be shipped according to the following terms: 13.8.1. there is reasonable access to the location which the order is being shipped; 13.8.2. The site (including its shipping provider) executing deliveries in the area; 13.8.3. if the order is being shipped to an organization, institution or settlement that cannot be reached without special authorization and/or does not have marked streets and/or marked house numbers, the order will be delivered to the distribution point of that same location. 13.9. The Site will not be held responsible for any delay and/or problem with the shipment of orders caused by the following terms: 13.9.1. force majeure and/or events that are out of the Site’s control; 13.9.2. for reasons related to the shipping provider; 13.9.3. an economy close, so that the Site’s operations and/or the Site’s suppliers and/or service providers are impaired for whatever reason. 14. RETURN, EXCHANGE AND CANCELLATION POLICIES: 14.1. According to the Israeli Consumer Protection Law, 1981 (the "Law"), refunds, exchanges or cancellations will not be available for food and beverages products. 14.2. In the event that a refund, exchange or cancellation is approved by the Site due to a product defect, the Site will hold sole responsibility for collecting or exchanging the products. 14.3. The Site will examine all defective products. In the event that the Site finds the product to be valid, refunds will not be approved and the product will be shipped back to the customer after an additional shipping fee has been paid by the customer. 14.4. The aforesaid in section 14 above is subject to the law. 15. DISCLAIMER: 15.1. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW. 15.2. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
15.3. The information appearing on the Site should be not construed as a promise of any result and/or responsibility for the activity of the products and/or services displayed on it. The Site will not be responsible for any damage, direct or indirect, which will be caused to the user as a result of relying on information appearing on the Site and/or links to other sites and/or any other source of internal and/or external information and/or use of products displayed by Site. 15.4. Some products displayed on the site may contain allergens and cause allergic side effects. Please read the information appears on the product before using the product and/or consuming it. In case of unwanted side effects or allergic side effects, stop using the product and consult a doctor immediately. 15.5. PURCHASING ALCOHOLIC BEVERAGES IS ONLY ALLOWED FOR A COSTUMER OVER THE AGE OF 18. THE SITE CLARIFIES THAT EXCESSIVE CONSUMPTION OF ALCOHOL IS LIFE-THREATENING AND HARMFUL TO HEALTH. THE SITE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, DIRECT OR INDIRECT, WHICH WILL BE CAUSED TO THE USER AND/OR ANY THIRD PARTY AS A RESULT OF THE PURCHASE, SUPPLY AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES. CONSUMPTION OF ALCOHOLIC BEVERAGES IS THE SOLE RESPONSIBILITY OF THE CUSTOMER. 15.6. Some products appearing on the Site may be manufactured by third parties. The users of the Site confirm and declare that they are aware of this and that they will be responsible for contacting and demanding compensation from the manufacturer for any damage, direct or indirect, that will be caused to them as a result of using the products. 15.7. The images of the products on the Site are displayed for illustration purposes only. There may be differences in appearance, in color, in size, etc. between the product as shown on the Site and the product that will be provide to customer. Scribal errors in product description and/or price will not charge the Site. 15.8. Information and presentations about products displayed on the Site, originating from the Site's business partners and/or third parties whose products appear on the Site and any content in relation to the products are the sole responsibility of the business partners and/or third parties. Therefore, it is understood that the Site has no responsibility for such information and the Site does not guarantee the accuracy of this information. 15.9. The Site recommends that users should behave as intelligent and careful customers, and read carefully the information displayed on the Site, including the information in relation to the product itself, its description and suitability, as described on the Site.
16. GOVERNING LAW: 16.1. These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict of law principles. 16.2. Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted to the courts in the Jerusalem district in the State of Israel, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience. 17. CORRECTIONS : 17.1. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. 18. MISCELLANEOUS : 18.1. These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. 18.2. If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law. 19. CONTACT US: 19.1. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by: Address: Kibutz Palmach Tzubba, ISRAEL; Phone: 972-73-760-4448; or email: WINERY@TZUBA.CO.IL
All rights in this document above reserved to Daniel law office. Last updated: September, 2021