Terms & Conditions
Articles of Association, Terms and Conditions for Use of Site.
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Articles of Association, Terms and Conditions for Use of Site.
Articles of Association, Terms and Conditions for Use of Site. These Articles of Association, terms and conditions apply to the use of the Website (hereinafter, the "Site" or "Website" or “eimsy.com”) and any part there of Eimsy Ltd. and/or Meyer Catering (hereinafter, "Eimsy Ltd " and / or, "operator"). It is also applicable to the relationships and associations that might form between the Sites’ users and its operator. Eimsy Ltd allows access and use of the Site and services offered by the Site, subject to the terms of use and conditions, below.
You are required to scrupulously read the instructions provided in these Articles of Association, Terms and Conditions of Use as well as the statements concerning terms of privacy, entailed in using the Site, prior to its use, in that these might affect your rights and obligations. If you have opted to use our website, then you have, perforce, accepted the Articles of Association, terms and conditions stated in this agreement, in full. If the user disagrees with any part of these Articles of Association, Terms and Conditions of Use, the user does not have permission to make any use of this Site or any of the services offered through it, and you are kindly requested to make no further use the site.
1. Introduction
a. The Articles of Association, Terms and Conditions of Use herein constitute an agreement setting out the legal contract between you, as an individual or as a different legal entity, and Eimsy Ltd , in connection with this Website, its contents and the services offered by it, as detailed below.
b. The Articles of Association, Terms and Conditions of Use are in addition to any other agreement of any kind or type whatsoever that may exist between you and Eimsy Ltd . In any case of conflict or inconsistency between such agreement and these Articles of Association, Terms and Conditions of Use, the specific provisions of the agreement between you and Eimsy Ltd will supersede the provisions of these Articles of Association, Terms and Conditions of Use.
c. This agreement also contains and incorporates by reference the statements and conditions regarding privacy matters, issued separately.
d. The terms "information" and/or "content" includes information of any kind, including but not limited to, text, textual content, graphics, drawings, paintings photographs and images, and every other type of visual content, audio content, audio-visual content, and their processing, editing, design, and the manner of their presentation, including videos, animation, characters, computer code or application, database, icons, symbols, products, and the like.
2. Changes & Alterations
From time to time and without prior notice, Eimsy Ltd may change or alter the terms and conditions of this agreement. At every visit to the Site one can review the updated Articles of Association, Terms and Conditions of Use. Your continued use of this Website constitutes acceptance of the updated version of the Articles of Association, Terms and Conditions of Use agreement. If you do not agree with the revised edition of the Terms and Conditions of Use agreement, you are required to cease using the Website.
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
3. Use of Website
Access to this Website is free, and it is only intended for your private use. Its use may only be had subject to the within Articles of Association, Terms and Conditions of Use. By logging in and using the Website you manifest your assent and agree to be bound by these Articles of Association, Terms and Conditions of Use. You May not:
a. Republish materials and information posted at this Site (including republication on another website).
b. Present this Site, or any portion thereof, in public.
c. Reproduce, duplicate, copy, or make any other use of the materials published in this Website for commercial purposes.
d. Edit or alter in any manner the content (including code) presented at this Website.
e. Distribute or re-market materials from the Website, except for specific needs for which an express permission was granted by the operator.
4. Website's Availability
a. Though we desire to provide users the best service possible, we cannot guarantee that the services and information offered at the Site would address all the requirements of all users. We cannot guarantee that the service we provide will be problem free, nor can we guarantee that the Site will always be available or that the information presented therein will be up to date at every given instance.
b. With your agreement to make use of the Site, you have released Eimsy Ltd and/or the Site's operator of all responsibility and liability (i) regarding the Site's availability, (ii) as to any mishaps, hitches or breakdowns that might either limit or prevent the use of the Site, and (iii) regarding any errors found in the information presented at the Site.
c. The Site's operator reserves the right to make changes in the information presented at the Site without the need to provide advance of subsequent notice and without becoming liable in any way as a result of making such changes.
d. The operator has the right to halt the Site's activity, whether temporarily or permanently and without the need to provide advance of subsequent notice.
e. The operator does not guarantee that the Site's activities and/or the contents presented therein will not be disrupted or affected by third parties, and it will not be held accountable as a result of harm caused intentionally (or maliciously) by third parties and /or due to illegal access to the operator's computers (and other related equipment) and/or to the Site, and/or for damages, breakdowns, malfunctions, software and hardware failures and/or some other type of harm. The operator will bear no responsibility whatsoever to any damage caused to any user or his property as a result of the above-enumerated causes.
5. Abuse of the Site
a. Eimsy Ltd does everything in its power to maintain the Site's functioning in accord with the Articles of Association, Terms and Conditions of Use. You are requested to report to the operator any problem you have encountered or noticed at the Site and/or any incorrect information and/or any abusive content and/or any violation of these Articles of Association, Terms and Conditions of Use to this e-mail address: meyercatering26@gmail.com
b. Copyrights and privacy rights of the individual are important to us, and we will take care does not injure such rights. Please report to us about any instance where you are of the opinion that either your rights or someone else's were affected. Please report such to the operator by e-mail at this e-mail address: meyercatering26@gmail.com. We will examine your complaint as soon as possible.
c. Eimsy Ltd reserves its right to prevent or limit the activity of any of the Site's users, at its sole discretion, in those events where it will be of the opinion that the user used the Site in a manner that is against the law, in violation of the Articles of Association, Terms and Conditions of Use or in the event that he did not provide correct data and/or in the event that Eimsy Ltd will be of the opinion that the user is in violation of the Articles of Association, Terms and Conditions of Use and/or it acts against the law in a manner that could be, in some way or form, abusive to third parties and or to Eimsy Ltd itself.
6. Products Offered at the Site
The products offered for sale at the Website are those presented on the date the order is made. The pictures of the products at the Website are solely for sake of illustration and are not part of this agreement. If, and to the extent that, a picture is erroneous or inexact, it is agreed nevertheless that, in that context, Eimsy Ltd will bear no responsibility for such error or inexactitude.
Otherwise, our products are each one fresh and hand made so they may present differences in sizes, taste, colors and textures.
7. Orders and Purchase of Products Online through the Site
a. Credit card purchase, at this website, is allowed for users ages 18 and up.
b. You may order, and purchase products displayed for sale at the Site.
c. For the purpose of making a purchase/order of a product, you need to open an account and provide complete and accurate information, including credit card data.
d. Payment for ordering and purchasing products can only be made (i) with a credit card or (ii) through the payment service PayPal. Ordered products will not be provided until approval from the credit card provider or PayPal, as the case may be, shall have been provided to the satisfaction of Eimsy Ltd.
e. Payment will be made with the order and prior to receiving the product.
f. In any case that a user's payment is rejected/not approved for any reason, Eimsy Ltd will suspend that user's account and all purchases that have not been shipped, till the matter is clarified in its entirety. To the extent that confirmation of payment will result in any expenses to Eimsy Ltd, the user will be held liable and shall bear such costs.
g. Sale and delivery of products are in accordance with the existing inventory at the time the order is made, and it is liable to change from time to time. Eimsy Ltd does not guarantee that the products displayed at the Site are in stock at any given time.
h. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8. Cost of Products and Shipping
All products displayed on this website and priced in Israeli Shekels (₪), as well as any orders delivered within Israel include VAT (Value Added Tax).
Unless stated otherwise, the customer (placing an order) will bear the cost of shipping.
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The rates of shipping are as follows:
Shipments within Israel :
Ship to your door
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Zone 1 :
Tel Aviv, Bat Yam, Givataym, Ramat Gan, Bnei Brak - Standard shipping 25sh
Purchases above 589nis - Free standard shipping
Zone 2 :
Herzlia, Raanana, Netanya - Special shipping 50sh
Purchases above 589nis - Free shipping
Zone 3 :
Rishon Lezion, Ashdod, Hadera, Petah Tikva - Special shipping 100sh
Purchases above 1178nis - Free shipping
Zone 4 :
Jerusalem - Special shipping 150sh
Purchases above 1178nis - Free shipping
Zone 5 :
All other cities and Israelis regions - Special shipping on demand
Delivery will arrive on Friday from 9am to 2 hours before shabbat time for an order placed on previous Wednesday before 8pm.
For express shipping or others shipping options, contact us
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International Shipments
We don't do international shipping
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Taxes and Duty:
All purchases are included VAT in order the Israeli law.
The tax refund is not available on our site.
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9. Shipping the Products
While we try to expedite as best as we can and have all orders arrive within the timeframe listed here, there are some factors that may cause that to change:
· Delays in credit approval
· Weather delays
· The time needed to create your personalized and special ordered items
· Items shipping to different locations
Eimsy Ltd will make every reasonable and logical effort to meet the delivery deadlines delineated in this Website, however, Eimsy Ltd will not be held responsible for a failure to meet such deadlines. The buyer hereby waives any claim or demand he might have against Eimsy Ltd due to a delay in delivery of products.
In addition, Eimsy Ltd will not be held responsible for any delay in shipping or failure of delivery in those cases where the cause is due to incorrect or imprecise data provided by the user, or due to action or inaction of suppliers of shipping or delivery services.
Occasionally, we need to send your order in two or more shipments. Our shipping charge applies only to the first package shipped. There are no additional shipping charges for subsequent shipments for the same order.
10. Examination of Products after Receipt
The purchaser shall examine the products that were supplied immediately upon receipt and will inform Eimsy Ltd within two (2) hours of such receipt of any defects therein. The buyer will be considered to have accepted the products, despite any defects therein, unless he informs Eimsy Ltd in writing within two (2) hours after delivery of his unwillingness to accept a given product in its condition. In the event that he fails to do so within the apportioned time, he will thus have waived his right to make any claim in this context.
11. Return of Products and Cancellation of Orders Made through this Website
a. Our policy regarding transaction rescission (or cancellation) of products purchased through the website is subject to the Israeli Consumer Protection Act (1981) and Consumer Protection Regulations (rescission of a transaction) (2010). Be that as it may, an order can be cancelled within 10 days of the date of the transaction, subject to payment of a cancellation fee of 5% of the product's price or a payment of $30, whichever is lower.
b. Cancellation of a transaction can be made only by a written notice from the user, informing Eimsy Ltd of the transaction's cancellation, and before the shipping.
c. In the event that a cancellation request was made after the product was sent, the transaction cannot be rescinded.
We cannot accept any returns or exchanges on any fresh items.
Costs of shipping of the product to the customer are not subject to a refund.
A notice as to rescission or cancellation of an order (purchase) shall be made by sending an e-mail to the following address meyercatering26@gmail.com.
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Exchanges :
We cannot accept any exchange of any product.
12. Limitation of Liability
In the event that a product is not free of defects, the sole relief accorded the buyer, as set forth in the warranty, will be the replacement of the product, in the manner provided by the conditions herein-above. And, in any event neither Eimsy Ltd nor any of its employees and/or its officeholders may be held responsible for specific damage whether direct, indirect, incidental or consequential, single or multiple, arising from the use the buyer may have made of or with the product.
In any case, Eimsy Ltd will not be liable to the buyer, as and to the extent provided by the applicable laws of contracts, torts, or any other law in effect at the time, beyond the amount paid by the buyer for the product(s).
Eimsy Ltd 's warranty and any exceptions thereto, will apply if and when a damaging occurrence might take place whether it is interpreted as one caused by a breach, representation, liability or a basic term or condition of the agreement between the parties (i.e., purchaser and Eimsy Ltd ).
Subject to any applicable law, Eimsy Ltd will have no liability in any event due to any demand, loss, damage, judgment, costs, expenses, or liability of any kind whatsoever, brought about either directly or indirectly by any injury to a person or property resulting either from ownership, possession, or use of any of its products.
13. Indentification
You hereby agree to indemnify Eimsy Ltd for any loss, damage, costs, liability, or expense, including, but not limited, to legal fees & costs and any other sums paid by Eimsy Ltd to any third party in the event of a settlement of a claim, demand, or suit and in accordance with legal counsel and advice, and resulting from or caused by any breach of this agreement by you.
14. Breach of this Agreement
Without prejudice to or waiver of any other relief to which Eimsy Ltd may be entitled by law or agreement, in the event that you breach this agreement, its terms or conditions, Eimsy Ltd may, at its discretion, pursue against you any legal action it would opt for, including blocking you from logging in to this Website, blocking computers bearing your IP address, contacting your Internet Service Provider (ISP), requesting to have you stopped from accessing the Website, and even undertaking legal action against you.
15. Force Majeure
Eimsy Ltd will not be held liable for failure to deliver the products due to unforeseeable circumstances that are not subject to Eimsy Ltd 's control, including but not limited to, acts of God, war, riots, embargoes, civil or military disobedience, fire, floods, accidents, strikes, shortages of raw materials or means of their transport, shortage of fuel or other energy resources, or manpower shortage.
In the event of a delay due to any of the above circumstances, and like such, Eimsy Ltd will be entitled to postpone execution of its obligations for a period equal to the time when there was a force majeure delay as such is delineated above.
16. Property Rights and Intellectual Property
a. Eimsy Ltd has each and every legal right to and in its products, including ideas, technology, designs, practices, patents, trademarks, trade designs, trade secrets and appellations and all intellectual property rights or other proprietary rights related to the products, including those used in the design or manufacture of Eimsy Ltd 's products.
b. You are not allowed to copy Eimsy Ltd 's products in any way whatsoever.
c. All copyrights and intellectual property rights including the name and trademarks, the Website's design, product design, trade secrets and trademarks in contents created by Eimsy Ltd and / or to its order, visual depictions, product information, and any software, application, computer code, graphics, text and all other materials contained therein, are in sole ownership of Eimsy Ltd . It is prohibited to copy, distribute, publicly display, or transfer to any third party any part or portion of the foregoing, without the prior written consent of Eimsy Ltd 's management.
d. "Eimsy Ltd","Meyer Catering" and "Shabbat Box" are a trademark of the operator. No use may be made of thess trademarks or one similar thereto.
17. Posting Updates and Promotional Information
In the event the user has given his consent, the Site's administrator may cause messages to be sent either by e-mails and / or by regular mail and update him on new services, products, contents and provide him with marketing information, whether the source of information is the Website itself, or other advertisers. The Site's administrator will not transfer the user's information to any third parties unless the user has given his consent. The user may revoke this consent and cause the cessation of e-mail or regular mail transmission to him at any stage and at any time.
18. Applicable Law
This agreement is subject to the laws of the State of Israel. Regardless of any legal provisions or instructions to the contrary, any claim, action, or legal proceeding that arise from the relationship formed due to this agreement and any dispute and/or disagreement regarding these terms and conditions and/or the Site, if and when such may arises, will be adjudicated exclusively in Israel according to the laws governing conduct in the State of Israel, in the courts of law located in the Tel Aviv judicial district.
19. Waiver of claims
Delay in pursuing legal avenues and proceedings, regardless of the length of delay, and any failure to fully pursue legal and other rights shall not constitute a waiver or the foregoing of Eimsy Ltd's rights; a waiver of any right to any part of a legal process does not require or compel Eimsy Ltd to forego the same in any other or subsequent proceedings or those arising from former proceedings in any court.
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20. Terms' Updates & Changes
Eimsy Ltd, from time to time, may update these Articles of Association, Terms and Conditions of Use and/or the privacy terms in relation to services provided via this Site, and the terms of sale and delivery of products. The amended terms will apply to the use of the Website from the time of publication of a given update at the Site. You should regularly check and make sure that you are aware of the current terms and conditions of the agreement.
21. The Legality of the Agreement in the Event of Unlawful Provision
In the event that any provision, be it any condition or stipulation, in this Agreement shall be determined by a court of law with valid jurisdiction or some other competent adjudicative body to be unlawful or unenforceable, the rest of the terms and conditions of this Agreement shall remain in force and enforceable.
22. Force & Effect
This Agreement shall become effective and be in force, and will be binding on the parties, their successors and any of their attorneys in fact.