Terms and Conditions of Use
1. Introduction
Welcome to the website https://en.iris-art.co.il/ (the “Website”) owned by Iris Eshet Cohen (“Iris”). The Website integrates the possibility of purchasing artwork subject to these Terms and Conditions of Use.
2. Accepting the Terms of Use
Use of the Website is subject to the terms and conditions set forth hereinafter.
The Website User must read these terms and conditions carefully, before using the Website, as using the Website indicates the User’s consent to the terms and conditions.
Wherever these Terms and Conditions of Use grammatically employ the masculine form, the intention is also the feminine.
3. Content and Information Service
Iris invests great efforts to concentrate, process, and display the data on the Website.
However, it is possible that in the process of receiving, processing, or displaying the data on the Website errors and/or delays may occur, and the User declares that he is aware of this, and will have no claims or legal actions in connection therewith.
The Website may contain links to other online websites (hereinafter – the “Affiliated Websites”). These links are designed for user convenience only. Iris does not and will not be responsible and/or liable for the information, content, and anything found on the Affiliated Websites.
Moreover, the links on the Website should not be construed as providing an endorsement, recommendation, or preference with respect to said Affiliated Websites, including the publications appearing on the Affiliated Websites and/or the Affiliated Websites’ operators.
4. Intellectual Property
All rights, including intellectual property rights, including, but the generality of the forgoing notwithstanding, copyright on the Website, including the Website design, software, applications, computer code, graphic files, text, and any other materials contained therein, are and will remain Iris’s property. You may not copy, modify, post, transmit, transfer, sell, distribute, or make any commercial or other use of the content of the Website, or any part thereof, other than to use the information for the User’s personal purposes, under these Terms and Conditions of Use, otherwise than with Iris’ express written permission.
5. Acquisition of Artwork
The Website integrates the possibility of purchasing artwork (the “Products”).
In order to place an order through the Website, the User will fill in the requested information on the Website. All details required by the Website must be provided accurately, as otherwise we cannot guarantee that the Products will reach their destination.
In the event of returning products due to incorrect and/or inaccurate details, the User will be charged for the shipping and handling fees.
The User’s information will only be used for the purpose of purchasing the Products by him, in accordance with the Website’s Privacy Policy, which forms an integral part of the Terms and Conditions of Use, and purchase of the Products.
6. Payment Transactions
When placing an order, the User’s credit card details will be checked by the clearing companies, and the User will be sent confirmation or non-confirmation of the transaction. Iris’s computer records of the actions carried out through the Website, will constitute evidence of the accuracy of the actions.
If a particular Product is not in stock, and the Product has not be taken down from the Website by the time the order is placed, Iris will refund the User any amount paid, if any. The User will have no claim and/or legal action with respect to this matter, against Iris or the Website.
7. Supply of Products
The shipment will be sent to the address specified by the User through a courier company or by registered post.
The price of the Products does not include shipping costs. The costs of shipping will appear at the end of the order process. Prices include VAT. Shipping fees will be charged as part of the first payment for the Products.
Iris is not responsible and/or liable for any delays in delivering the Products, for any reason that is not directly related to her.
Delivery times are governed by the policy of the Israeli Post Office or courier company, as applicable. Iris will deliver the Products for shipment within 3 business days of the transaction. Iris will not be held responsible or liable for the delivery times of the Products to the User.
8. Limitation of Liability
The Products featured on the Website are handcrafted artifacts.
Iris is not liable for damages and/or for items not in stock and/or for delays during the delivery of the Products to the User.
Iris is not liable in the event of changes to the Products’ dimensions and/or sizes.
Given that the Products are works of art, the Products cannot be returned after purchase.
The images on the Website are for illustrative purposes only, and are not binding with respect to the quality of the Products and/or the availability of the Products in stock, and there may be differences between the images presented on the Website and the actual Products sold.
Use of the Website is exclusively at the User’s own risk. Iris assumes no responsibility or liability for any disruption, error, or omission pertaining to the Website and/or the information on the Website, and will not be liable for any damages of any and every kind, and for use of it, or any inability to access or use the Website. Iris is not responsible and/or liable for any damages, including due to “viruses” or various software applications, caused to the User’s computer equipment, or any other user property which may result from accessing, browsing, or using the Website, including downloading information from the Website.
Iris is not responsible and/or liable for any malfunctions of any kind, including due to malfunctions of the Internet and/or communication lines and/or hardware (including the Company’s servers) and/or the software and/or maintenance of the Website which may be required from time to time and/or repairs to the Website.
Iris does not warrant that the Website will be available at all times, or that the operation and/or integrity of the Website will not be interrupted and/or conducted without interruptions and/or errors, faults, or failures. Iris will not be liable for any of the aforementioned disruptions, and will not be liable for any incompatibilities experienced by the Customer with respect to nature, quality, and extent (including the method of transfer), for any loss, spoilage, or damage of any and every kind to the User or any third party in connection with such disruptions and/or in connection with the termination of certain services on the Website, for any reason.
In any event, Iris’s warranty is limited to the value of the Product purchased by the User.
9. Privacy
The User acknowledges that when registering and using the Website, he is required to provide certain personal information (including payment method details). Iris will not disclose or reveal any details or information to third parties, and will handle any information provided to her in accordance with her Privacy Policy.
The User acknowledges that he discloses his personal information voluntarily, and with consent, and that Iris’s use of the personal information in accordance with the Privacy Policy will not be considered a violation of privacy, and that the User will not have any claim and/or legal action of any and every kind in this regard.
The User agrees to be contacted, including by delivery of any short message notice and/or any other means or ways, advertisements intended to encourage, inter alia, the purchase of a product or service, and any other notice or message. A User who does not want the services in accordance with the Terms and Conditions of Use, will notify the Website of that fact in writing.
10. Data Security
Iris will not be held responsible or liable for any loss of information and/or its reaching any hostile party and/or in the event of unauthorised use.
Iris will not be held responsible or liable for the disclosure of user-provided information in the event of unlawful hacking of the Website’s computer systems.
11. Miscellaneous
Iris reserves the right to change the Terms and Conditions of Use, in her exclusive discretion. The User must review the Terms and Conditions of Use prior to each use and purchase of Products on the Website.
Iris reserves the right to refuse to accept an order for any reason, in her exclusive discretion.
Iris may offer promotions, benefits, and discounts on the Website, in her exclusive discretion, and may at any time discontinue such offers, promotions, or discounts, and replace them with other conditions, without any prior notice on the Website.
The Terms and Conditions of Use constitute the only binding agreement between Iris and the User, and no representations, promises, consents, or undertakings, whether written or oral, shall be effective and binding, if not included in these Terms and Conditions of Use.
If any clause in the Terms and Conditions of Use is found to be invalid, unenforceable, or illegal for any reason whatsoever, by a competent court, the validity or enforceability of the remaining Terms and Conditions of Use will not be affected.
The exclusive and unique jurisdiction with regard to these Terms and Conditions of Use, their performance, interpretation, and any matter related to them and/or arising herefrom, shall be vested in the competent court in Tel Aviv only.