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Terms of service

1of135 Terms and Conditions

Thank you for choosing to shop at www.1of135.com
Before you continue with a purchase on the website or any other activity on the website, you are required to read the terms of use set out below.
As a condition of purchasing on the website, you must agree to all the terms and conditions contained in these Terms. We therefore recommend that you read them carefully.
*These Terms apply equally to all genders; the use of the masculine form is for convenience only.

Definitions

The website www.1of135.com (the "Website") is a website on the Internet that serves as a virtual store for the purchase of products and services by the public.
The owner and operator of the Website is Irit Hayon Ltd., whose registered office is at 2 Kremnitsky St., Tel Aviv (the "Company").
An action on the Website is any action performed on the Website, including the purchase of products and/or services offered on the Website (an "Action").
The provisions of these Terms shall apply to every Action performed on the Website by the "Customer", as defined below.
Products – all items offered for sale on the Website: limited-edition artworks, prints and gallery walls.
Customer – including a client / user / company.
Order date – the day on which the transaction was approved by the credit card company entered by the Customer and/or by PayPal.
Order confirmation – the invoice together with the details of the purchase.
Shipping address – the address the Customer entered in the order form as the address for delivery of the order.
Requested delivery date – the date entered by the Customer as the date on which they prefer the product to be delivered.
Delivery day – the day on which the goods were delivered to the requested destination.
Business days: weekdays, Sunday to Thursday, excluding Fridays, Saturdays, holiday eves and the intermediate days of holidays (Chol HaMoed).

General

Use of the Website and/or the purchase of a product offered for sale on the Website constitutes the Customer's confirmation that they have read these Terms, that they agree to all of their provisions and conditions and will act in accordance with them, and that neither they nor anyone on their behalf shall have any claim and/or demand and/or lawsuit of any kind against the Website and/or the Company and/or the Website management and/or any of its managers and/or employees in connection with the provisions and conditions of these Terms.
Therefore, if you do not agree to these Terms, please do not make any use of the Website.
These terms apply to the use of the Website and the services included in it through any computer or other communication device (such as a mobile phone, tablets of all kinds and any other electronic device), and they apply to the use of the Website whether via the Internet or via any other network or means of communication.
The Company does not undertake to hold stock of all the models and/or images on the Website.
The images on the Website are for illustration purposes only, and the Website management and the Company will do their best to present as accurate an image of the product as possible.
The Company and the Website management do their best to present the most complete and comprehensive information about the product, including images. Notwithstanding the above, it is clarified that inaccuracies or errors may appear on the Website in good faith and without malicious intent or intent to mislead, and the Company, the Website management and the Website shall not bear any liability arising from such inaccuracies or errors.
The prices of the products on the Website include VAT in accordance with the law.
The Company's computer records of the Actions performed through the Website shall constitute prima facie evidence of the correctness of the Actions.
For any question regarding the Website, its terms of use, the products on it, orders or inquiries, you may contact us by email at art@1of135.com and/or by phone at +972-3-6090802, and the Website management will reply as soon as possible.
After you have provided your details on the Website, approved the binding documents and given your consent to the terms of use and the privacy policy, the Website management may, but is not obliged to, display or send you updates through your account on the Website, by email, fax and text messages (SMS), including content updates, information about the Website's services and products, as well as services and products of other companies, promotions, news on the Website and advertising, within the meaning of Section 30A of the Communications Law (Telecommunications and Broadcasting), 5742–1982.
At any time, you may withdraw your consent and notify the Website management that you refuse to receive advertising, in general or of a specific type, by sending a refusal notice. The way to send the refusal will be set out at the bottom of every advertisement sent to you.

Services offered on the Website

www.1of135.com offers a variety of content and/or services and/or actions, including the services listed below:
Limited-edition artworks, prints and gallery walls, including framing on request and shipping to the customer.
It is clarified that the Company does not undertake that all of this content and/or these services will be provided, or will be provided continuously and regularly on the Website, and the Company may change (including expand or reduce) the list of content and/or services provided on the Website, at its sole discretion and without giving any notice.

Purchasing on the Website

The Website allows, among other things, the selection and purchase of items from among the items displayed on the Website, easily, conveniently and quickly.
To place an order, you must first select the requested item, color and size.
For each item or service offered on the Website, an "item page" will be displayed, showing the details of the item or service offered and the sale price (the "Item Page").
Please note that the Company may update the Item Page from time to time, add or remove details, remove products that are out of stock, add colors and/or sizes, and update and/or change the price of the item from time to time.
The prices displayed on the Website include VAT in accordance with the law, unless explicitly stated otherwise.
To make a purchase on the Website, the Customer will be asked to enter basic details such as name, address, email address, phone number, credit card number and shipping address.
For the order to be processed quickly and without problems, you must make sure to provide the correct details; otherwise the Company will not be able to guarantee the execution of the order.
In addition, the information provided by the user on the Website will be used, among other things, to send emails about special promotions or updates on the Website, and this only after receiving the user's consent.
When the order is placed, the Company will check the credit card details, and once the order is approved by the credit card companies, the Customer will receive an appropriate notice that the order has been approved.
It is clarified that the Customer will be charged for the cost of the item or service purchased by credit card immediately upon completion of the order. The product(s) and/or service(s) purchased through the Website (i.e. for which an order was placed by the Customer and approved) are hereinafter referred to as the "Items".

Conditions for completing the purchase:

The purchase will be carried out only after the ordering process has been completed and after the Company receives approval from the credit card company and/or from PayPal for the charge, in accordance with the working procedures between them and the Company.
If the transaction is not approved by the credit card company and/or PayPal, the Customer will receive an appropriate notice and will be required to provide another means of payment. Completion of the purchase is also conditional on the requested Items being in stock when the ordering process is completed.
If an Item is out of stock and/or there is a problem with its supply, for any reason whatsoever, the Company may notify the Customer of the cancellation of the order or offer another alternative product of a similar nature and similar price. Such notice will be given to the Customer by email and/or by phone, at the Company's choice. If you accept our offer, your order will be updated. If you refuse to accept an alternative product, the Website management will cancel your order and credit your credit card and/or your PayPal account.
In such a case, the Customer shall have no claim whatsoever against the Company, and by placing the order the Customer waives any such claim. The Company reserves the right to limit the quantity of items in each order.
The order will be recorded in the Company's computers, and it will be possible to view it and track its handling on the Website.
In addition, an email confirming the order will be sent within 48 hours of the Customer completing the purchase on the Website.
It is clarified and emphasized that sending an email about the registration of the order in the Company's computer system does not constitute evidence that the order has been completed, and sending the email does not bind the Company.
It is clarified that the records of the Company's computer system, which include a computerized and automatic record of all Actions on the Website, constitute prima facie evidence of what is stated in them.

Cancellation of a purchase by the Customer

Cancellations, returns and exchanges are handled in accordance with the Website's Return and refund policy.

Cancellation of a purchase by the Company

The Company reserves the right to stop the activity on the Website at any time, at its sole discretion, and/or to cancel a purchase made by the Customer, including, but not limited to, in any of the following cases:
If, after the purchase was completed, it turned out that the item is out of stock.
If it turns out that an error occurred, whether in the price of the product or in the description of the product on the Website.
If the credit card details and the full details of the Customer were not received by the system.
In any case where an Action was performed in breach of these Terms, or the Customer committed an illegal act and/or violated the provisions of the law;
The Customer provided incorrect details when making the purchase and/or afterwards;
The Customer committed an act or omission that may harm the Company and/or anyone on its behalf and/or the proper operation of the Website and/or any other third party; if, in the Company's opinion, the Customer intends to resell the items purchased through the Website to a third party.
In this regard, the Customer confirms and undertakes not to sell items purchased on the Website to any third party.
In the event of force majeure, an act of war, hostilities, terrorism, states of emergency and/or anything else that prevents the proper performance of a sale.
In this section, "force majeure" means, including, computer failures, failures of the telephone system or other communication systems, any sabotage and a security event.
In such circumstances, the Company may cancel the transaction or offer the Customer an equivalent alternative item, at its discretion and according to the circumstances of the cancellation.
If a sale is cancelled as stated above, the Company shall not be liable and shall not bear, in any case, any direct, indirect, consequential or special damage caused to the Customer or to a third party, including but not limited to damage from purchasing the product and/or service from a third party at a higher price.
The Customer knows and confirms that although there are items on the Website offered for sale as one of a kind, so that two items of the same kind will not be sold, an item displayed on the Website may already have been purchased and/or ordered by another buyer before this was updated on the Website. The buyer confirms that they understand that in such circumstances the Company will not supply the item to the buyer and/or to the second customer in time, and they shall have no claim and/or demand against the Company in this regard.
Notice of the cancellation of the order will be given to buyers by phone and/or by email to the address correctly entered on the Website.
The consequences of the cancellation shall not derogate from the right of the Company and/or the Website to claim their damages due to the value of the product having decreased significantly as a result of its condition after its return.

Promotions and benefits

The Website management may offer promotions, benefits and discounts on the Website.
The Website management may at any time stop or change these promotions, benefits and discounts, without the need to give any prior notice.
Please note: you have no vested right to enjoy promotions, benefits and discounts on the Website.
Any change in your order details or price, for whatever reason, will result in a new check of your eligibility for the promotion and/or discount.
The Website management will try to notify you by phone if your eligibility for a discount and/or benefit has been or will be denied due to a change in your order details.
Discounts on the Website and in the gallery include only the PRINT edition (art prints). The discounts do not apply to original artworks, art items, gift cards or purchases through third-party websites such as social media influencers, BuyMe, etc., unless stated otherwise.

Liability of the Website and the Company

The Company and/or the Website management and/or the Website and/or anyone on their behalf shall not be liable for any direct or indirect, consequential or special damage caused to the user and/or the Customer and/or the visitor and/or a third party as a result of a purchase, use of the Website or a purchase through the Website, not in accordance with these Terms, whatever the cause of action – including loss of income and/or loss of profit caused for any reason whatsoever, in which case the Company/Website reserve the right to cancel a specific order.
The Website management shall not bear any liability with respect to messages received or sent through the Website (including messages sent to customers by other users through the Website's services), the content of such messages or any computer file attached to them, the operation of any such file, its effect on the user's computer and any damage, loss, inconvenience, distress and the like, results, direct or indirect, caused to the user or any third party due to messages received through the Website's services or sent through it.
A clerical error in the description of a product shall not bind the Website and/or the Website management and/or anyone on its behalf.
The images on the Website are for illustration only; there may be differences in appearance, shade, size and the like between the product as displayed on the Website and the product in reality. This shall not impose any liability on the Website management or anyone on its behalf.
For obvious technological reasons, the colors the Customer sees on the screen may differ from the colors of the picture, poster or painting they actually receive. Usually the differences are small, depending on the quality of the Customer's computer screen. The Company makes every effort to supply a quality product, but it is clarified that it will not replace a product because the colors are not identical to the colors and texture seen by the Customer.
The Website management makes an effort to provide the customer with proper, high-quality service. However, the Website management does not undertake that the service on the Website will not be interrupted, will be provided regularly or without interruptions, will be safe and error-free, and will be immune from unauthorized access to the Website management's computers, damage, malfunctions, failures or breakdowns – including hardware, software or communication-line failures – at the Website management or any of its suppliers; in any case, the Company shall not bear any liability.
In any case, the Company shall not bear any liability exceeding the value of the product purchased, or for any other damage.
The Company is not responsible for the use made by the Customer and/or the recipient of the order of the product, including cleaning it not in accordance with the instructions and/or of the Company, and any other use whatsoever.
The Website management shall have fulfilled its obligation upon delivery of the ordered products to the address and/or shipping details you provided when ordering.
If you purchased a defective product, your only right is to exchange it or receive its value in accordance with the conditions set out in these Terms and in accordance with the law.
The Website management shall not bear any liability for any damage caused to you due to a delay in delivery or as a result of the products supplied to you being defective.
Displaying suppliers and products on this Website does not constitute an expression of opinion by the Website regarding their nature or quality.

Copyright

The Company is the sole owner of all rights, including copyright, in the images offered for sale on the Website and/or in any content, logo, design and model appearing on the Website. It is expressly clarified that any duplication, copying (including digital), distribution and sale of the images sold on the Website is prohibited.
All intellectual property rights in all content on the Company's website, including trademarks, patents, copyrights, designs, methods and trade secrets, are the sole property of the Company.
No commercial use may be made of the data published on the Company's website, of the database on the Website, of the lists and images appearing on it, or of other details published by and/or on behalf of the Company, without obtaining the Company's prior written consent.
The content appearing on the Website may not be copied, duplicated, distributed, published or used in any other way unless the Company has given its prior written consent. This includes a prohibition on collecting data from the Website by means of software and/or distributing such data publicly in a commercial manner or within a commercial framework.
All textual content, icons, any information and/or display appearing on the Website, including graphics, design, textual presentation, trademarks and logos, as well as their editing and presentation, are the exclusive property of the Company and/or anyone on its behalf.
You may not copy and use, or allow others to use, the content of the Website in any other way, including on other websites, in electronic publications, print publications and the like, for any other purpose, whether by you or by a third party or in cooperation with a third party, in any way or means, whether electronic, mechanical, optical, photographic, recording or any other means and/or way, without obtaining the Company's consent.

Changes to the terms of use

The Website management may from time to time change the terms of use or any of the terms of use of the Website by publishing a revised version on the website. The revised version will take effect on the date of its publication.

Law and jurisdiction

The law applicable to these Terms and/or to any Action and/or dispute arising from them is Israeli law only. In any case of dispute, the exclusive jurisdiction to hear any dispute arising, directly or indirectly, from the provisions of these Terms and/or from the use of and/or purchases on the Website shall be vested only in the courts of Tel Aviv-Jaffa.

Protection of Privacy Law

According to the Protection of Privacy Law, 5741–1981, a visitor may review information held in a database as defined in the Law. Information collected about you by the operators of the Website, whether in the course of a focused activity or incidentally, is subject to this Law and accordingly to all the rights and requirements of the visitor and any interested party, in accordance with any law.
During visitors' use of the Website, information may be collected about the user-visitor, their browsing habits on the Website, services and products they purchased on the Website, offers and services, advertisements and topics of interest to them, products they wished to sell or purchase, information pages they visited, registration for special services requiring registration, and offers and services that interested you. The visitor is not obliged to provide any information, browse the Website or allow the collection of data about them; however, by browsing the Website they agree to the collection of the information, subject to its use in accordance with any law. For certain services, it may not be possible to browse the Website and enjoy those services without providing information.

The 1of135 team will be happy to help, listen and advise
We look forward to seeing you again among our customers
For any question and/or clarification and/or inquiry, you can contact the Company's customer service directly by email at art@1of135.com or by phone at 972-3-6090802.