Terms of Use

Welcome to the website of EMELODY (hereinafter: the “Website”).

The Website serves as an online store offering various products to the public, including products of the EMELODY brand.

Website Operator: EMELODY, Company No. 302141825, Moshav Azaria 78
(hereinafter: the “Company,” “EMELODY,” or the “Website Operator”).

Use of the Website, including browsing, viewing its content, placing orders, and purchasing products through it, is subject to these Terms of Use, the Shipping Policy, and the Cancellation, Returns, Exchanges and Credits Policy published on the Website, as well as the Website’s Privacy Policy.

By making a purchase through the Website, the Customer confirms that she has read the terms relevant to the transaction and agreed to them, subject to applicable law.

In the event of any conflict between a provision of these Terms of Use and a mandatory provision of law, the provisions of law shall prevail.

1. Definitions

For the purposes of these Terms:

“Customer” – any person who makes a purchase through the Website or uses the Website.

“Product” – any product offered for sale on the Website.

“Order” – a request to purchase one or more Products submitted through the Website.

“Business Day” – Sunday through Thursday, excluding holidays, holiday eves, and official days of rest in Israel, in accordance with the Shipping Policy published on the Website.

2. Website Terms of Use

The Website may be used for lawful purposes only.

The Website may not be used in any manner that could harm the Website, its systems, the Website Operator, other customers, or third parties.

It is prohibited to use the Website to perform any action that constitutes a violation of law, fraud, impersonation, an attempt to obtain information not intended for the user, damage to the Website’s systems, or circumvention of security measures.

The Company may restrict or terminate access to the Website in the event of use that violates these Terms of Use, applicable law, or that may cause harm to the Website or the Company.

3. Purchasing Products Through the Website

The Company offers a variety of Products for sale as displayed on the Website.

The information displayed regarding Products, including photographs, colors, sizes, descriptions, specifications, and prices, is intended to provide information about the Product and assist the Customer in making a purchasing decision.

Reasonable differences may exist between the way a Product is displayed on the Website and its actual appearance, including due to screen settings, lighting, and photography.

The Company makes reasonable efforts to present accurate and up-to-date information on the Website. However, in the event of a material error or an error made in good faith regarding Product details, the Company may act in accordance with applicable law.

4. Product Inventory and Availability

Orders placed through the Website are subject to Product availability in inventory.

The display of a Product on the Website does not constitute a commitment that the Product will be available in inventory at all times.

If a Product ordered is unavailable in inventory, the Company may contact the Customer and offer an alternative Product, if available.

The Customer may choose whether to accept the alternative Product.

If the Customer does not wish to receive an alternative Product, or if no suitable alternative can be offered, the order for the unavailable Product will be cancelled and the Company will act to refund the amount paid for that Product, in accordance with applicable law.

5. Placing an Order and Order Confirmation

When placing an order through the Website, the Customer is required to provide complete, accurate, and up-to-date information, including her name, address, telephone number, email address, and shipping details.

The Customer is responsible for ensuring that the information provided is accurate and sufficient to enable the order and delivery to be completed.

After an order has been placed, the Customer will receive an order confirmation or acknowledgment of receipt of the order, to the extent that the Website’s system enables such confirmation.

Receipt of an automatic acknowledgment that the order has been received does not necessarily constitute final confirmation by the Company that the Product is available in inventory or that the order has been accepted for fulfillment, unless expressly stated otherwise.

The Company may decline to confirm an order in cases where the Product is unavailable, there is a material error in the order details, there is a payment failure, there is an impediment to supplying the Product, or due to other circumstances permitted by law.

If an order is not approved, the Company will notify the Customer whenever possible and will act in accordance with applicable law regarding any amount already charged.

6. Incorrect Order Details

The Customer is responsible for providing complete, accurate, and up-to-date information.

Failure to provide accurate information may result in delay, failure, or non-delivery of the order.

If a Product is returned to the Company or the shipping company due to incorrect or incomplete shipping details provided by the Customer, the Company may contact the Customer to coordinate another delivery or an alternative solution.

Any charge for additional delivery or handling shall be made in accordance with applicable law and the circumstances of the case.

Providing incorrect information shall not derogate from any rights granted to the Customer under applicable law.

7. Prices and Payments

Product prices on the Website are displayed in Israeli New Shekels (NIS) and include VAT, to the extent required by law.

The Product price applicable to an order shall be the price displayed on the Website at the time the order is completed.

Shipping costs, where applicable, will be presented to the Customer during the purchasing process and in the order summary.

The Company may change prices, promotions, benefits, and shipping costs from time to time.

A price change will not apply to an order that was lawfully completed before the change took effect, unless the change relates to a material or technical error and subject to applicable law.

Payment shall be made using the payment methods offered on the Website and subject to approval by the relevant payment provider.

8. Shipping and Delivery

Products will be delivered in accordance with the Shipping Policy published on the Website.

The Shipping Policy includes, among other things, information regarding:

• Business days and order processing times;
• Shipping costs;
• Free shipping;
• Delivery areas;
• Estimated delivery times;
• Holiday and promotional periods;
• Self-pickup;
• Exceptional circumstances and force majeure.

The provisions of the Shipping Policy constitute an integral part of these Terms of Use.

Deliveries are made exclusively to cities and localities located within the territory of the State of Israel, subject to the delivery areas available at the time the order is placed.

9. Cancellations, Returns, Exchanges and Credits

Cancellation of a transaction, return of a Product, size exchange, receipt of a refund, or receipt of store credit shall be carried out in accordance with the Cancellation, Returns, Exchanges and Credits Policy published on the Website and in accordance with applicable law.

This Policy constitutes an integral part of these Terms of Use.

In the event of a conflict between a provision of this Policy and a provision of law, the provision of law shall prevail.

Nothing in these Terms of Use or the Website’s policies shall derogate from consumer rights granted to the Customer under applicable law.

10. Cancellation of a Distance Sale Transaction

Transactions made through the Website may be subject to a cancellation right in accordance with the Israeli Consumer Protection Law and applicable legal provisions.

The methods of cancellation, the period during which cancellation may be made, cancellation fees, the method of returning the Product, and the refund of funds shall be in accordance with applicable law and the Website’s Cancellation and Returns Policy.

The Company shall provide the means of cancellation required by law.

Contact details and cancellation methods shall be published on the Website and in any other locations required by law.

11. Defective Products and Non-Conformity

The Company will handle inquiries concerning defective Products, Products damaged prior to delivery to the Customer, Products that differ from those ordered, or any other non-conformity, in accordance with applicable law.

The Customer is requested to inspect the Product after receiving it and contact Customer Service in the event of a malfunction, defect, or non-conformity, in order to enable efficient and prompt handling.

Failure to contact the Company immediately shall not, in itself, constitute a waiver of any right granted to the Customer under applicable law.

12. Swimwear Care Instructions

Customers are advised to follow the care and washing instructions appearing on the Product label.

Damage caused as a result of failure to follow the Product care instructions may not be covered under the Company’s warranty, subject to the circumstances and applicable law.

The provisions of the Returns Policy concerning Products associated with hygiene shall apply in accordance with applicable law and the Returns Policy published on the Website.

13. Promotions, Coupons and Benefits

The Company may offer promotions, coupons, discount codes, benefits, and special prices from time to time.

The terms of each promotion or benefit shall be published as part of the relevant promotion.

Unless expressly stated otherwise, promotions, coupons, or benefits may not be combined.

The Company may limit the quantity, duration, or eligibility for a particular promotion in accordance with the published terms.

14. Cancellation or Modification of an Order by the Company

The Company may cancel or decline to approve an order, in whole or in part, in circumstances permitted by law, including:

• A Product that is out of stock;
• A material error in the Product details, price, or availability;
• Payment method failure;
• Provision of details that do not enable fulfillment of the order;
• A legal or operational impediment to supplying the Product;
• Unauthorized or suspicious use of the Website;
• Exceptional circumstances beyond the Company’s control.

If the Company cancels an order after payment has been charged, the Company will act in accordance with applicable law regarding the refund of the funds.

15. Force Majeure and Exceptional Circumstances

The Company will make reasonable efforts to fulfill its obligations and provide orders in accordance with the Website’s policies.

However, circumstances beyond the Company’s reasonable control may occur that could affect the operation of the Website, the processing of orders, or the delivery of Products.

Such circumstances may include, among other things, war, military operations, armed conflict, security incidents, states of emergency, terrorism, rocket or missile fire, instructions or restrictions issued by government authorities or the Home Front Command, road or area closures, evacuation of areas, strikes, labor disputes, extreme weather conditions, natural disasters, pandemics, infrastructure failures, disruptions to computer and communication systems, disruptions to transportation or logistics services, or any other exceptional or unforeseen circumstance.

In such circumstances, delays may occur in the processing of orders and delivery of Products.

The Company will make reasonable efforts to minimize the impact on Customers and resume regular operations as soon as reasonably possible.

If an exceptional circumstance materially affects an order, the Company may contact the Customer and provide an update regarding available options for handling the order, subject to applicable law.

Nothing in this section shall derogate from any rights granted to the Customer under applicable law.

16. Website Operation and Suspension of Activities

The Company may update, modify, suspend, or discontinue certain services on the Website from time to time.

Subject to applicable law, the Company may temporarily suspend Website operations for maintenance, updates, repairs, upgrades, or operational reasons.

In the event of suspected unlawful activity, misuse, an attempt to harm the Website, or activity that may cause harm to the Company or third parties, the Company may take appropriate measures, including blocking access or cancelling an unauthorized action.

17. Intellectual Property

All intellectual property rights in the Website, including texts, photographs, design, graphics, logos, trademarks, trade names, files, content, code, Website structure, and other original content, belong to the Company or the respective rights holders.

No content from the Website may be copied, reproduced, distributed, published, displayed, sold, modified, or used for commercial purposes without the prior written consent of the relevant rights holder, unless such use is permitted by law.

18. Content Uploaded or Submitted by Customers

No unlawful, offensive, misleading, threatening, or rights-infringing content may be submitted to the Website or the Company.

If a Customer submits content to the Company for customer service, support, or inquiry purposes, the Customer represents that she is authorized to do so and that submitting such content does not infringe any third-party rights.

19. Privacy and Information Security

Use of the Website and the transmission of personal information through it are subject to the Website’s Privacy Policy.

The Privacy Policy specifies, among other things, how personal information is collected, used, stored, and processed.

The Privacy Policy constitutes an integral part of the documents governing use of the Website.

20. Marketing Communications and Advertising

The Company may invite Customers to subscribe to receive marketing communications, promotions, and updates, subject to applicable law and any consent required by law.

Subscription to marketing communications shall be carried out in accordance with the method of subscription presented on the Website or through the relevant means.

A Customer who receives marketing communications may unsubscribe from the mailing list in accordance with applicable law and the unsubscribe mechanism provided in the communication.

Receiving customer service or making a purchase shall not, in itself, constitute unlimited consent to receive advertising communications where applicable law requires consent or establishes other conditions.

21. Liability and Limitation of Liability

The Company will act reasonably to maintain and operate the Website but does not guarantee that the Website will be available at all times, free from interruptions, or free from technical malfunctions.

The Company shall not be liable for damage caused by an event beyond its reasonable control, a failure of an external service provider, shipping company, payment provider, Internet infrastructure, or third-party service, subject to applicable law.

Nothing in these Terms of Use shall exempt the Company from liability that cannot be limited or excluded under applicable law.

22. Changes to the Terms of Use

The Company may update these Terms of Use from time to time.

The updated version of the Terms of Use will be published on the Website.

Changes to these Terms of Use shall not derogate from rights granted to the Customer in relation to a transaction that has already been completed, to the extent prohibited by law.

23. Governing Law and Jurisdiction

The use of the Website, purchases made through it, and these Terms of Use shall be governed by the laws of the State of Israel.

Jurisdiction shall be determined in accordance with applicable law, including mandatory consumer protection laws applicable to the transaction.

24. General

These Terms of Use are written in the feminine form for convenience only and apply to all genders.

Section headings are provided for convenience only and shall not be used for purposes of interpreting these Terms.

If any provision of these Terms of Use is determined to be unenforceable or invalid, this shall not affect the validity of the remaining provisions, to the extent permitted by law.

These Terms of Use, together with the Shipping Policy, Cancellation, Returns, Exchanges and Credits Policy, and Privacy Policy, constitute the complete set of terms applicable to the use of the Website and purchases made through it.

25. Contact Us

For any question, inquiry, request, complaint, request to cancel a transaction, matter concerning an order, or any other matter related to the Website, you may contact us using the following details:

EMELODY
Company No.: 302141825
Address: Moshav Azaria 78, Israel
Email: atiaashani@gmail.com
Phone / WhatsApp: 054-645-8282

Additional information regarding transaction cancellation procedures and the exercise of cancellation rights is available in the Website’s Cancellation, Returns, Exchanges and Credits Policy and through the cancellation methods provided on the Website.

EMELODY will make reasonable efforts to respond to inquiries and assist Customers as promptly as possible.