Terms of Use

  1. Introduction

1.1 Www.mivoleti.com is an e-commerce site where a service for the purchase of jewelry is provided. This company is subject to the terms of use below, including those outlined in the privacy policy subject to any law. Ultimately, using this website constitutes express consent on the user’s part to such conditions. Mivoleti LTD, Israel Tax # 516437258, is the site operator. Therefore, it’s responsible for relationships between the website and any person, site, or user. After entering the site or using site services, parties are in complete and irrevocable agreement of the terms outlined in this document. The user agrees to the terms of use and to abide by them. Those who do not agree to the terms of use are urged not to use this website. In addition, for those that fail to comply with the terms of use, the operator reserves the right to terminate site use.

1.2 The operator, Mivoleti LTD, reserves the right to update the Terms of Use. It is at the company’s sole discretion to do this from time to time and without giving any prior notice. Hence, it must be clarified that the wording of the binding and determining terms of use is the wording published on the website. Therefore, before performing any actions on the site, you are asked to read the terms of use and privacy policy carefully. And, if you do not agree with any part or section, please refrain from using the site.

1.3 The site operator may change the site in full or in part at its sole discretion. Also, the operator has the right to stop activity partially or wholly. This can be done without the need for any prior notice and without the user having any claims against it as a result.

1.4 This service is active 24-hours per day, 7-days a week. As such, it can be used at any time, including when purchasing products. However, it is notable to mention that the site may be shut down from time to time for maintenance or other reasons. When that happens, users will have no claims against the operator.

1.5 These terms of use constitute a separate agreement between the operator and the user. Therefore, let it be known that the operator is not liable to the user when another user violates terms. Instead, only the infringing party is responsible and can be sued. In addition, no claims or demands shall be made against the operator.

1.6 Users can access and use the site free of charge. But the operator has the right to charge for access or use at any time. It may also ask for additional costs for features as it sees fit. When these events unfold, no user will have any claim against the operator.

  1. Purchase Products on The Site

2.1 Various products will appear for sale on this site from time to time. The operator has the right to sell or stop selling particular goods at any time. Likewise, it can add or discontinue products on the site as it sees fit, without giving notice and without any users having claims because of the changes.

2.2 Next to a product is its price. However, the total does not include VAT or value-added tax. When applicable, this tax is added on via relevant local authorities, and the customer is given the amount of tax before ordering. But the operator can raise or lower prices at its sole discretion without users having claims as a result. To clarify, the product’s price is determined by the confirmation order date and not

what it was upon being added to the shopping cart.

2.3 The operator goes above and beyond to ensure everything on the site is correct. But that isn’t always enough to stop errors from slipping through the cracks. Therefore, there might be an image or product discrepancy on occasion. Additionally, it is notable to mention that there might be differences because of low-quality device displays. Depending on how a user’s settings are configured, that may also affect picture quality. The point is that the images on the site of for illustration purposes only. If that isn’t the case, it will be stated on the product page, but that will not, in any way, obligate the operator.

2.4 Due to product inventory changes, some items might not be available at the time of order. Therefore, the operator has the right not to supply customers with goods. But, when these incidents occur, the operator must contact the client within a reasonable timeframe, informing them of the product’s unavailability and without a claim arising. The operator may offer the customer a replacement with an in-stock item. However, if that isn’t a suitable solution, and the person has already been charged, the operator will refund the full price of the purchase.

2.5 In some situations, the operator has the right to cancel approved orders without derogating from these terms of use. For instance, if an error is found on the site about a product’s characteristics or price, the operator reserves the right not to supply the item to the customer, providing that they are promptly notified of the cancellation. After the cancellation, the user will not have a claim against the operator once again. Also, if the customer has been charged, the operator will refund the full order price.

2.6 Before making wholesale purchases on this site, users must first contact the operator and get written approval. The operator reserves the right to determine what is considered a wholesale purchase. In addition, the operator can refuse to approve such orders at its discretion. However, the operator will notify the customer of the refusal in these instances.

2.7 Custom-made products are available through the site at the customer’s request. But the operator reserves the right to refuse custom requests as it deems fit. For example, if a customer asks to produce a product with an inappropriate or offensive engraving, that may lead to the company neglecting to do business with them.

2.8 It is not possible to return/cancel an order for a custom-made product. Thus, all users are urged to ensure orders do, in fact, meet their specific needs and wills. In turn, they should double-check measurements and engravings at the time of the order to prevent issues.

2.9 Just because products are available on the site doesn’t mean the operator is recommending them to consumers. Nor is the operator trying to persuade users to buy the said items. With that being said, the operator is not responsible for people’s purchases. It is also not liable for what happens to users that use products.

2.10 Prices of products on the website may differ from those found elsewhere. They might not even be the same on the operator’s Facebook or Instagram page. But the price consumers will pay for items through the website is ultimately determined by the amount posted on the site.

  1. Making Orders, Paying, Delivering the Products and Deliveries

3.1 Consumers can make payments on the site via credit or debit card. But all payments are subject to

the approval of the credit card company, PayPal service, or Tranzila. The operator can change payment methods or means of payment at any time. It also reserves the right to modify methods for making orders as necessary. The operator can make adjustments or revisions without giving prior notice, and no user will have a claim against it.

3.2 Customers who choose the PayPal or Tranzila payment options will be using payment services provided by third parties. They are not under the control of the operator. Therefore, the operator will not be responsible for any disputes, security problems, or other issues that arise from using them.

3.3 Products that have been paid in full will be delivered to the address typed in by the customer at the time of order. Couriers will carry the packages to their final destinations. But customers can also use self-collection at operator stores if it’s available. Then, clients grab orders from specific locations rather than getting them delivered to their doors. On a final note for section 3.3, the operator reserves the right to change the delivery method or drop-off location at its sole discretion. The operator does not have to provide prior notice in such instances, and no claims can come against it.

3.4 In the event that taxes are applied to a shipment, the customer will bear these costs. People can incur additional expenses for import taxes, custom payments, and more. If extra fees present themselves, a claim cannot come against the operator.

3.5 Various third-party delivery services are used to ship orders. The companies that handle these projects are not under the operator’s control. Hence, the operator cannot be held responsible for any damages the products sustain while they’re in the care of couriers. Even if the damage stems from negligence, the entity will be liable, not the operator.

3.6 Because third parties carry out deliveries, sometimes, there are delays beyond the operator’s control. Delay causes vary, but they are often caused by the weather, natural disasters, and sensitive security situations. Also, other hazards like fires and roadblocks can create delays. When a delay becomes part of the equation, the customer will have no claim against the operator. Plus, he or she will not be exempt from paying for their order.

3.7 Products may not be delivered to customers if the courier cannot locate them on delivery day. Unfortunately, even with prior coordination, this sometimes happens. If, for any reason, the delivery doesn’t go as intended, the client must contact the operator’s customer service department. Then, a representative will help them schedule an alternative delivery window. In addition, when customers arrange additional deliveries, they will be expected to pay an extra delivery fee. Just to clarify, that charge will be on top of the delivery fee for the goods that didn’t reach the recipient the first time around.

3.8 In accordance with the courier’s policy, the customer may be able to authorize an employee to leave products where they can find them without breaching this agreement. For example, instead of placing a package inside the mailbox, the recipient may have the shipper leave it on their porch. Or perhaps a person has the shipper leave a box on the front seat of their car. It is an individual’s prerogative to have deliveries left wherever they wish. However, if theft occurs, a defect shows up, or something else becomes apparent, the operator will not be liable, and the customer will have no claim.

3.9 The operator is not responsible for delays caused by customers. For instance, clients may not return calls or emails, making it extremely difficult for the operator to contact them. In these and similar situations, the operator will not be deemed to be in breach of the obligation to supply the product. Also, such delays do not exempt customers from paying for their orders.

3.10 The operator determines what materials are used in the packaging process. It also picks the manners in which products are packaged. Thus, no customers will have a claim against the operator in this regard.

  1. Change and Cancel Order, Cancel A Transaction, And Return Products (All Countries except Israel)

4.1 A customer can modify or cancel an order at the operator’s discretion. But, to do so, the individual must meet some provisions. Those requirements are below.

4.2 Parties wanting to cancel or change orders must contact the customer service department. Those wishing to address these matters must do so no later than 48-hours after placing their orders. However, if cancellation is the goal, that will only be possible if the order hasn’t shipped.

4.3 The operator will issue a refund to the customer after receiving the cancellation notice. But the recipient should be aware that the operator may choose to charge a cancellation fee per its discretion. If that route is chosen, the amount will be subject to the provisions of the law. Typically, cancellation fees are up to 5-percent of the order value or $100, whichever is the lowest.

4.4 A person that needs to change his or her order will pay the price quoted on the day of the order change and not the date of the first order.

4.5 Some products, as in accordance with the law, cannot be canceled or returned. However, for the goods that can be canceled or returned, those things can be done for up to fourteen days from the date of the order’s receipt. To cancel a transaction, a customer must contact an operator and tell them their desire to cancel. After receiving the notice, the representative will discuss returning the products with the client. It is the customer’s responsibility to return the products to the operator. And the cost for the return will come at the customer’s expense.

4.6 After the products are returned to the operator, they will need to be inspected. Providing that the items are in stellar condition, a refund will be issued in full. However, additional charges may come the customer’s way to cover repairs if products are damaged.

4.7 Someone needs to inspect the order thoroughly. They should be on the lookout for the number of products ordered and the number of products received. If there are discrepancies in the figures, the client has to report them to the operator in one day. Meanwhile, if that doesn’t happen, the operator is under the assumption that the order matches the delivery, and the customer will not have any claims.

4.8 Change and Cancel Order, Cancel A Transaction, And Return Products (Israel Only)
Mivoleti’s terms & conditions regarding the cancellation of orders and returning of products is with sole compliance to the Israeli Consumer Protection Law-1981, and You may cancel Your order according to terms 4.3-4.7 above. It is clarified that it is not possible to return a product which was already used and/or a customized product unless You received a defective product with accordance to the Israeli Defective Products Liability Law-1980.

 

  1. Liability and Lack Of Liability

5.1 The operator ensures the products on its site are of the highest quality.

5.2 Products manufactured by the operator come with a one-year manufacturer’s warranty. The products manufactured by third parties and sold on the site come with that same assurance.

5.3 The operator is not liable for damage of any kind by those relying on the content on this website for anything other than informational purposes.

5.4 Manufacturers, suppliers, importers, and other third parties are sometimes behind the data and information posted on the site about products. Therefore, aside from items manufactured by it, the operator will not bear any responsibility regarding the data and information of products.

5.5 The operator makes every attempt to ensure the information about products listed on the website is accurate. Unfortunately, errors can sometimes get posted, though. So, upon receiving orders, consumers need to check the items they receive to make sure they suit their needs. However, somebody who gets something that isn’t even close to matching the description on the website should contact a member of the operator’s customer service team. The agent will help them return the product and get credit for it. Alternatively, those that elect to do so can replace the item with another item in stock. Then, they’ll receive a credit or need to pay the difference, depending on how much the replacement product costs.

5.6 The operator does not guarantee any links found on this site will function or take a user to an active website. Also, the inclusion of a link does not mean it is credible, complete, or up to date. As such, the operator will not bear any responsibility in this regard.

5.7 The operator is not liable for damage caused to a customer due to a purchase from the site. For example, damage can come from a purchase being made without someone’s knowledge or consent. Then again, issues can arise from, let’s say, a customer typing in their address or credit card number incorrectly.

5.8 When negligence comes to be in some form or fashion, and a product gets damaged, the operator will be liable for injuries. In these situations, the amount of the manufacturer’s warranty will be limited and won’t exceed the purchase price of the defective product. Meanwhile, in other instances, the operator is not responsible for damages.

  1. Intellectual Property

6.1 All intellectual property rights, including moral rights, economic rights, copyrights, trademarks, trade names, patents, designs, trade secrets, and any other right in relation to this site, are reserved for the site’s operator. These rights pertain to but are limited to the areas of content, design, editing, and manner of presentation.

6.2 The website and pages within it are the sole property of the operator. Therefore, it is responsible for classification, arrangement, presentation of information, and notices/mailings. Images and other forms of illustration are the intellectual properties of the operator as well.

6.3 Individuals/businesses are not allowed to copy, reproduce, change, or adapt the content of this site in full or part. Also, they cannot prepare derivative works or do anything else for the purpose of distribution, publication, presentation, execution, transmission, and other actions without prior written approval from the operator.

6.4 Users will not publicly publish the content on this site unless the conditions specified on the website have been met. Plus, people cannot publicly post any product or output of information in print form or via a file of magnetic means. Individuals/businesses are not allowed to copy, reproduce, change, prepare derivative works, or adapt the content of this site in full or part for the purpose of distribution, publication, presentation, execution, transmission, and other actions without prior written approval from the operator.

6.5 The operator does not claim ownership rights to third-party content published on the site, including images. Nor will the operator claim responsibility for the displayed content. Instead, these pieces have content owners, and they have legally granted the operator the right to use the items via third-party agreements. The user must acknowledge that third-party agreements will bind them in connection with the use of the service, including any future changes to the third-party agreements.

6.6 The operator respects the rights of third parties. Hence, the necessary steps are taken to ensure the rights of third parties aren’t infringed upon. If the rights of a third party are infringed, the infringer may be notified of the infringement of intellectual property rights by email or phone, the details of which are outlined in these Terms of Use.

  1. Use of Private Information

7.1 The operator also respects the privacy of the users who use this site. Those that want more information regarding the privacy policy should explore the website. That is because the policy can be found there.

7.2 Advanced security measures are used to secure the operator’s website. The aim of using these tactics is to provide a safe browsing experience for everyone to enjoy. They also ensure information remains safe, secure, and out of a thief’s hands. Users are expected not to disrupt the site’s activity by stealing data or breaching the site’s security mechanisms. The operator will respond appropriately to the responsible party. They may lose site access or have legal action brought against them.

7.3 Some of the links within the website are external links. That means they are managed by others and not under the operator’s control. Thus, the operator does not guarantee the links found on the site will be accurate. Also, the links people receive in messages or as part of mailings may not be correct or even lead to active websites. Simply because a link is present on this site does not mean the source is credible or trustworthy. Therefore, the operator isn’t responsible for any damage caused to the user or their property from relying on the information/content appearing on the sites that will be accessed through links from here.

  1. Indemnification

8.1 Users protect the operator, its predecessors, subsidiaries, successors, officers, affiliates, parent companies, directors, shareholders, investors, agents, and representatives by speaking. Speaking in this manner will protect them against loss, damage, cost, and expense due to or in connection to (1) gross negligence or malicious activity by the user; (2) Use of the service by the user; (3) User data; (4) Violation of terms of use by the user; (5) Using of third party intellectual property by the user or any act of the user that infringes the intellectual property rights of a third party.

  1. Period and End

9.1 This agreement between the operator and user goes into effect as soon as the user makes any use of the site or its services.

9.2 Various cases allow the operator to terminate this agreement: (1) the user violated an instruction from the Terms of Use, intends to do so, or cannot comply with the rules; (2) the operator must terminate as required by law; (3) the activity is no longer financially worthwhile. If this situation arises, the operator will give users reasonable notice of the termination.

9.3 The operator reserves the right to change these terms at its sole discretion, and no prior notice has to be given to users. Regardless of when the changes occur, it is up to the user to keep up with them. Each time a person signs onto the site, they agree to the amended terms.

9.4 The operator does not have to provide prior notice before making changes or discontinuing service. This is not necessary if everything is shutting down or only a portion of the site. Therefore, the operator will not be liable to any third party or user for damage or loss.

9.5 The validity of the provisions regarding non-liability and intellectual property will continue after this contract is terminated.

  1. Errors and omissions excepted

Occasionally, the site contains omissions, inaccuracies, and typographical errors surrounding product descriptions, pricing, offers, promotions, and availability. The operator reserves the right to make corrections to information as it sees fit. Also, the operator can cancel orders as necessary if the information on the site is inaccurate. These actions can be taken at any time without giving prior notice and without any user having a claim against the operator.

  1. General, Jurisdiction, And Notices

11.1 These Terms of Use, including the Privacy Policy, constitute a general agreement between parties. Accordingly, the arrangement supersedes any past consensus, proposal, or presentation, whether they were made orally or in writing. In addition, no amendment, change, or waiver of a provision to this agreement will be valid unless it is made in writing or electronically approved by the party against the modification or waiver is claimed.

11.2 The operator provides users with information and services as-is. Hence, the user agrees and confirms that the operator, employees, shareholders, or anyone on the operator’s behalf will not be responsible for damage caused by their reliance on the data displayed on this site.

11.3 These Terms of Use shall be solely governed by the laws of the State of Israel. The competent courts in the city of Tel Aviv-Yafo are the exclusive place of jurisdiction for any matter regarding these Terms of Use.