Terms And Conditions
Welcome to Motostick Graphics online store (hereinafter: “The Store” and/or “The Website”)
1.1. The Store serves as an electronic shopping mall for the purchasing of goods and services by the internet surfing public around the world.
1.2. The credit company’s confirmation of the transaction and the payment is a prerequisite for the validity of the purchase.
1.3. The instructions of these Terms and Conditions will apply to any purchase and use by you in and of this Store, and the Terms and Conditions constitute a binding contract between you and Jenny’s Art Design, in every respect.
1.4. You are required to read these Terms and Conditions fully and carefully as a prerequisite for a transaction between the parties.
1.5. Surfing the Store and/or purchasing the product and/or the service offered for sale in it expresses your consent to accept and abide by the instructions of these Terms and Conditions; therefore, if you do not accept any and/or all of these Terms and Conditions, we request not to make any use of the Store.
1.6. The terms of these Terms and Conditions may change from time to time and the Store reserves the right to update and/or change them and/or cancel them according to its judgement alone.
1.7. Please make sure to reread the Terms and Conditions prior to any purchase at the Store.
1.8. Any use of masculine terms made in the Terms and Conditions and/or anywhere else in the Website is for convenience’s sake alone and the implicit intention is for the feminine, as well.
1.9. The sale is not meant for wholesale or for resale (buying a certain amount of the products form the Website in order to sell them to other customers). Unless the Company consented to wholesale.
1.10. It is possible to order up to two items of any product per customer, unless the product information says otherwise.
2. The Right / Eligibility to Use the Website
Any user fulfilling the accumulated terms specified below may register to the Website in order to carry out purchases:
2.1. The user is competent to perform binding legal actions, in a nature and scope according to the actual purchases made. The user states and confirms that he is competent to make the purchases and permitted to carry them out in the Store through them.
2.2. In case as the user is a minor (under 18 years of age), the user declares and confirms that the purchase he wishes to make is of the sort minors his age are accustomed to make and/or that he received his natural and/or legal guardians’ consent to make it.
2.3. The user has a valid Israeli ID or a corporation incorporated and registered legally in Israel.
2.4. The user has a valid Israeli credit card, or a valid international one issued in Israel by one of the credit card companies (hereinafter: “Credit Card”).
2.5. The user has an online Email and an address in Israel.
3. The Products Offered on the Website
3.1. There is a “Sale Page” for every product or service available for sale. The Sale Page includes the name of the product or service offered for sale, their price, the delivery fee and the price including the delivery fee.
3.2. The pictures presented on the Website are strictly for the purpose of illustration. There may be differences between the appearance and specification of the product and the illustration. In any occurrence of discrepancy between the actual specification and the one illustrated in the picture, the actual specification is the binding one.
3.3. For information about volumes, capacities, storage space, available memory etc., press here.
3.4. This information is subject to the manufacturer’s definitions, including size/volume, measurement, inspection methods, inspection conditions, technical specifications and any other information given by the manufacturer/importer.
3.5. Every product’s warranty is in accordance with the warranty certificate and/or the invoice of each product according to the conditions of the importer/manufacturer. When making a purchase with delivery, the service is not necessarily to the customer’s location but according to the warranty certificate.
3.6. The products available for purchase on the Website are also available in all of Jenny’s Art Design’s physical stores in accordance with the Terms and Conditions (hereinafter: the Branches). Payment in the Branches may be made in credit card and/or cash.
3.7. Most of the products are immediately available in all Branches. Should a product not be available in a branch, it will either be replenished or delivered within six workdays.
3.8. You can order/purchase from our internet store. Not all of the products presented on the Website are immediately available . You can verify a product’s availability before by calling +972507630631 or +97246671222 or Emailing [email protected] .
3.9. Prices, sales, and all other information and product pages on the Website are valid only until the end of the workday.
3.10. The prices in the Website include VAT.
3.11. The prices in the Website are updated periodically and therefore there might sometimes be differences between product prices in the Website and their prices in other Websites, operated by third parties, directing to the Website. The deciding price is the price of the product/s on the Website.
3.12. When it comes to Buy One Get One Free product(s), the gift will be received in accordance with the inventory in the company’s storage.
3.14. Inventory advertised on the Website is updated approximately every 24 hours.
3.15. Minimal amount in inventory for all benefits/special sales: 30 units
4. Methods of Sale in the Store
4.1. Sale through the Website is subject to the existing inventory in the company’s warehouses.
4.2. The sale process will be completed on the condition that the transaction is approved and confirmed by telephone and/or the purchaser’s Email within 48 hours from executing the order, as well as that the requested product is available in the Store’s inventory during the sale’s completion. For the avoidance of doubt, charging the customer does not constitute an acceptance of his offer.
4.3. Transactions over 120$ are on condition that the delivery destination address and the telephone number of the Credit Card owner’s telephone number are identical to the information given by the Credit Card Company and the Store’s confirmation. Jenny’s Art Design may cancel a transaction according to its own discretion when there is a concern that the consideration for the purchase will not be received.
4.4. The sale will be completed on the condition the store’s sending an order confirmation to the purchaser’s Email.
4.5. We try to make sure and update the prices of the products’ prices in the Store in real time; however, the prices of the products sold in the Store may not be up to date. The binding price is the price given to the customer at the transaction confirmation.
5.1. Filling in all of the details is prerequisite for the purchase. After filling in all of the information, the party becomes the “Transaction Maker”. In order to ensure the speedy, efficient and problem-free execution of the order, you must be sure to give all of the information accurately.
5.2. The Transaction Maker will be charged for the price of the product or the service ordered by means of the Credit Card and after a transaction confirmation from the Credit Card Companies.
5.3. a product cannot be reserved without the full payment.
5.4. The information as filled in in the registration page, as well as the transaction registration in the Store’s computers, will constitute conclusive evidence of the correctness of the transactions. The responsibility for filling in the information lies with the customer alone. The Store is not responsible for information filled in incorrectly.
5.5. Giving false information is a criminal offence and doing so will result in criminal and civil proceedings. Jenny’s Art Design reserves the right to cancel an order due to giving false information, be it partial or inaccurate.
5.6. In case the Credit Card Company does not approve the transaction, the Transaction Maker will receive the corresponding notice within 96 hours and the order will be considered cancelled.
5.7. For additional information and clarifications, you can contact the store directly by telephone and/or Email: +9724-6671222, [email protected]
6. Transaction Cancellation Referring to Transactions Ordered through the Company’s Website (“The Store”).
6.1. The customer may cancel the transaction within 24 hours.
6.2. Following a remotely-made transaction, the customer will receive a document specifying the details of the transaction as required by law (hereinafter: “Disclosure Form”) using the Email given by the customer and/or the mailing address the customer specified for product delivery, and/or on the date of delivery at the latest, according to Jenny’s Art Design’s discretion. Should the Disclosure Form not be delivered and/or received by the customer as stated above, for any reason, the customer will act without delay to inform Jenny’s Art Design and/or the Store that he did not receive the Disclosure Form mentioned above in this clause.
6.3. Transaction cancelation methods:
6.3.1. From the day of the transaction and up to fourteen days after receiving the product, or the Discovery Form were received, the later of the two;
6.4. When cancelling a remote transaction not resulting from a defect, Jenny’s Art Design may to deduct a cancellation fee of no more than 5% of the product’s price or 35$, the lower of the two.
6.5. The right to cancel a transaction will not apply to the following products:
6.5.2. Custom products manufactured especially for the Customer following transaction.
6.5.3. Stickers that arnt usabkle anymore.
6.5.4. Perishable products (with a short shelf life).
6.6. In case of a transaction’s cancellation, return or replacement resulting from a defect, the Customer will inform the Company, the matter will be corroborated with the Customer and, if necessary, the product’s collection will be scheduled. The Customer will receive a refund according to Law.
6.8. Transaction Cancellation (Referring Only to Remotely-Made Transactions):
A customer is permitted to cancel a transaction after notifying the Company as required by law in one of the following, methods: verbally (by telephone or verbally in the branch); by email; by fax; and through the designated internet link. The transaction cancellation notification must include the Customer’s name and ID number, and if the notified by telephone – an additional identifying detail. Contact details are as follows:
Email: [email protected]
Tel.: +972507630631 / +97246671222
Registered mail delivery address: To: Jenny’s Art Design, POB 15023, Nesher, Israel, zip code 3661082
7. Transaction Cancellation
The Store may to cancel a transaction or a sale in its entirety or in part in the following cases:
7.1. If there was a mistake in the presentation of the item in the Store and/or in the product’s delivery to the customer, be it in the price of the product or in its description and specifications.
7.2. If it will be found that there was malfunction in communication and/or any other technical problem that distorted the price of the product and/or its description.
7.3. In case of prevention and/or delay due to force majeure, such as, but not limited to: an act of war; hostilities; terror; cyber-attack; intentional or unintentional malfunction in the Store’s Website; strikes and lockouts; extraordinary natural events; malfunctions in clearing credit cards and any other reason that is not the result of an action or omission of the Store; and/or in any case where the Store decided, according to its own discretion, that there is a suspicion that the transaction was carried out as a part of a wholesale purchase; and/or for the purpose of resale but the purchaser or his representative.
7.4. If the product run out of stock in the Online Store’s inventory before or after a transaction was carried out (but before the delivery to the customer).
7.6. When there is a concern, by the discretion of the Store, that the consideration for the purchase will not be received.
7.8. Any transaction cancellation made according to the instructions of this clause will not charge the customer with cancellation fees for the transaction’s execution.
9. Supply of Products
9.1. The Store will be responsible for supplying the product or service purchased on the Website to the address as filled in in the registration page within the time specified in the product’s Sale Page unless explicitly mentioned otherwise.
9.2. Insomuch as the customer opts to receive the product by delivery, the Store will act to supply the product in up to 14 days workdays by courier mail, in up to ten workdays by registered mail, and subject to full payment with the Credit Card.
9.3. The Store will not be responsible for lateness in the delivery of the product under circumstances that arise to force majeure as specified in clause 8.3 above and/or under circumstances beyond its control.
9.4. In areas with access restricted to the Store’s delivery service and/or supplier, they may deliver the products to the customers in a nearby and acceptable location agreed upon ahead of time with the customer.
9.5. The deliveries will be made to areas where registered mail reaches by Israel Postal Company and/or areas where UPS company reaches and/or courier mail according to the chosen method of delivery.
9.6. It should be made clear that there is a different rate for delivery to remote destinations, such as the Arava, Eilat, Kiryat Shmona, the Golan Heights, etc. The rate will be provided by telephone following the purchase according to the type of package.
9.7. Times of delivery of the products and/or services as specified in the Sale Page include business days only, namely Sunday-Thursday, not including Friday and Saturday, holiday eves and holidays.
9.8. It is possible to collect the products in person from one of the Branches. The customer will arrive at one of the Company’s Branches only by appointment or after receiving a text message in the mobile phone informing of the product’s arrival in the chosen Branch. In this case, no shipment fees will be charged in this case.
9.9. Products are delivered to the customer’s home by courier service of to the postal service branch near the customer’s home by Israel Postal Company according to the specifications of the order and according to the procedure of mail distribution in the location.
9.10. The term shipment and supply in these Terms and Conditions means: all the necessary actions from the moment the product is received in the suppliers warehouses to its actual delivery to the customer. These actions include reception, sorting, packing, marking, sending, delivery and insurance.
9.11. In some cases, a product appearing in the Website may have run out from the Store’s inventory and it will only be found out after the purchase was made. In this case, the Store will contact the customer, he will not be charged and the order will be cancelled.
9.12. Delivery supply time is measured starting from reception of order confirmation by the Store.
9.13. During the supply of the order to the Branch, the Credit Card charged for the order in the Website will be confirmed. You must have the Credit Card used and an ID card of its owner with you for confirmation. The delivery will only be supplied you the owner of the Credit Card.
9.14. Courier service delivery – the courier will arrive at the address of delivery between the hours 8:00 and 18:00 by the end of the business day via courier mail during these hours and without appointment.
9.15. Press here to see the list of places where personal delivery at home is possible. In all other towns/villages/Kibbutzim/Moshavim, delivery is to the postal unit nearest to the place of residence and not all the way to the customer’s home.
9.16. Whenever the products are supplied as mentioned above, it is the customer’s responsibility to confirm with the Store that the package can be sent the requested area and/or address.
9.17. Express delivery/delivery to the Customer’s address arriving within 5 hours is limited, at this time, to a periodically updated group of cities/towns. This appears in the cart when selecting express delivery/delivery to the Customer’s address arriving within 5 hours.
9.18. When delivering to the Customer’s address within 5 hours, should there not be available parking in order to supply the product to the Customer’s door, the Customer is required to collect the product from the delivery person.
10. Intellectual Property
10.2. The Website and information it contains, including the Website’s design, sketches, designs, illustrations, pictures, photographs, maps, video clips, text, graphics, etc., are the property of the Store and/or third parties represented in the Store and are protected by Israeli copyright legislation, international treaties and other countries’ copyright laws.
10.3. Do not copy, fax, distribute, present, reproduce, create derivative works, change or sell any part of the content included in the Website without the prior explicit written approval of Jenny’s Art Design.
10.4. Do not copy and/or reproduce and/or distribute and/or publish and/or use the contents presented in the Website and/or do anything to them, directly or indirectly, that constitutes a breach or violation of Jenny’s Art Design intellectual property unless Jenny’s Art Design allowed it explicitly in writing ahead of time.
11. Customer Service
For information and clarifications as to the operation of the Website and its activity, you can ask Jenny’s Art Design at: tel. 03-9236334; Email. [email protected]’s Art Design.co.il, (please specify telephone number when sending an Email).
12. Information Security
12.1. The Store takes best practice security measures to safeguard, as much as possible, the confidentiality of information given by customers.
12.2. Any transfer of a credit card number from the Website is encrypted in accordance with the PCI DSS standard. In instances beyond its control and/or arising from force majeure, the Store will not be responsible for damage of any kind, indirect or direct, caused to the customer or his representative and/or if that information is lost or reaches a hostile entity and/or used without permission.
12.3. The Store undertakes not to use the information of the customers registered in the Website except for the operation of the Website and in order to enable the purchase in accordance with the instructions of the Terms and Conditions and any legislation.
12.4. The customer undertakes neither to perform nor attempt to perform: (i) any changes to the Website and/or (ii) copy and/or download material stored in the Website including via: “Spider”, “Page-Scrape”, “Robot”, “Peep-Link” or any other method, algorithm, or manual procedure and not to download or copy and/or pass to another information stored in the Store’s Website that is not intended for download and/or transfer; (iii) not to try to receive access to transactions carried out by others by any means; (iv) not to do anything that might jeopardize the Store’s intellectual property, compromise the privacy of other users, change information in the Website and/or damage the Store Website and/or its users, or any of them.
12.5. Without limitation and without derogating from any other remedy or procedure, it is hereby clarified that the Store will be permitted to deny access from a user who, by the sole and exclusive discretion of the Store, performed or attempted to perform in the Website any action against any legislation and/or the instructions of these Terms and Conditions.
13.1. Your privacy is important to us. In order to improve our protection of your privacy, we provide this information about our privacy protection policy and the options you face while visiting the Website as well as our conduct regarding Website information gathering.
13.2. To ensure the awareness of visitors to the Website, this webpage appears both on the Website’s homepage and at every point where personal information is required. The Jenny’s Art Design Website is protected by the PCI standard. Credit Card information is not kept on the Website nor at the Store.
14. The Information We Gather
In the Website pages where you can order a product or a service, order information etc., the following information is required: name, address, Email, telephone, etc. Sometimes you can list information that is relevant to another person; for example, when you order a present for another person you list their name, ID number, Email, address, telephone, etc.
15. What Do We Do With the Information
15.1. We only use the information given to carry out an order of a product, service or information solely for the purpose of carrying out that order and the tasks it entails. The information is not turned over to any other party. A person’s information provided for a present’s delivery will be used for that purpose only. Should you send us an Email, we will use the Email address you sent from for a reply and nothing else, nor will we provide any other party with the address.
15.2. If you are interested in additional information, you are welcome to inform us of this and we will act accordingly. We will not use your information to this end in any case unless you explicitly asked us to.
15.3. We use non-identifying information, namely information that cannot be associated with a specific person, to improve our Website and update our business conduct and our services, and provide this information to other parties, including the ones advertising in our Website. For example, the number of visitors to the Website, number of women registered for a specific questionnaire in the Website, etc., but no information personally identifying the visitor to the Website.
16. Our Commitment to Information Security
We take reasonable precautions to prevent unauthorized access to the Store’s computers. We make every effort to keep the information up to date and ensure correct use of data. We have implemented physical, technological and electronic procedures to secure the information we gather in the Website.
17.1. The Store and/or its representatives will not bear any direct, indirect, special or consequential damages caused to the user or to a third party because of using the Website or purchasing through it, whatever the grounds for the claim may be, including loss of income and/or prevention of profit for any reason whatsoever.
17.2. The store will not be responsible for the assembly and/or installation of products purchased through the Website and this liability will apply to the customer and at his expense unless written otherwise.
17.3. Only the customer will be responsible for the maintenance and service required for the product purchased through the Website unless written otherwise.
17.4. The Store’s computer records regarding activities undertaken through the Website will be an alleged evidence for the correctness of the operations.
17.5. The store reserves the right to change the Terms and Conditions at any time. The latest version is the binding one.
18. Choice of Law and Arbitration
18.1. The law applicable to these Terms and Conditions, its interpretation, effect, application and enforcement is the law of the State of Israel alone. Any dispute or disagreement between the parties (Ivory and the Customer) in connection with these Terms and Conditions, their implementation, interpretation, applicability or effect, will be submitted, exclusively and conclusively, to an arbitration process conducted by the Israeli Institute of Commercial Arbitration in accordance with its rules, while rejecting the authority of any other judicial or quasi-judicial entity.
18.2. Should the decision by law state the ruling is to be made by another judicial and/or quasi-judicial entity; such authority shall be assigned to a competent court in the Central Region only. The laws of the State of Israel shall apply exclusively.