Terms of Use
Welcome to the VAMOS MEN website at https://www.vamosfashion.com/ (hereinafter: “the Website”). This website is a virtual marketplace that allows you, the user, to purchase products offered for sale on the Website and to read its content in the field of menswear. Upon entering the Website, you are asked to carefully read the Website's terms of use as detailed below. Entering and using the Website constitutes evidence and confirmation that you have read these terms of use and agreed to what is stated in them. If you dispute or do not agree to the terms detailed below, you are required to refrain from using this Website. The Website's terms of use are written in parts in the masculine form for convenience only, and they refer to all genders.
Introduction
- Using the services of this Website and the Website in general, by means of any end device, including computers and mobile devices, indicates your consent to these terms of use.
- This Website operates at http://www.vamosfashion.com and is owned by G.M. Geva Fashion Ltd. (אופנת ג.מ גבע בע”מ), and is managed by it (hereinafter: “the Management of this Website”).
- These terms of use are the basis for any litigation regarding the use of this Website. Any person over the age of 18, including a company or legal entity incorporated in Israel, or an entity duly incorporated abroad, may register and order from the range of products offered for sale on this Website, subject to the following conditions detailed below: the user is legally competent, is not under guardianship or otherwise restricted in any way, is over the age of 18 and is entitled to perform actions without the need for a guardian's approval. If an action is performed by a minor without a guardian's approval – it shall not bind the Management of this Website. The user is the owner of a valid email address on the internet.
- These terms of use shall bind the user and the Website management, their representatives, heirs and any other authorized representative of theirs.
- These terms of use shall enter into force upon their publication on this Website.
Nature of This Website
- This Website is a brand website and a virtual marketplace for menswear products.
- The Management of this Website makes great efforts to provide users of this Website with reliable and accurate content. However, product availability depends on additional factors, and therefore there may be cases in which some of the products will not be available for purchase. In addition, the user must check the characteristics of the products they wish to purchase before doing so, and make the purchase only after being convinced that the product offered for sale is the product they requested and that suits their needs. Subject to any law, VAMOS does not undertake that all information, descriptions and images of the products are complete, updated, reliable, current and entirely free of errors.
Use of This Website
- Use of this Website shall be for private purposes only. The Website may not be used for any other and/or commercial purposes that have not been approved in advance and in writing by the Management of this Website.
- The user of this Website does not acquire any rights in the software of this Website, and/or in the copyrights of this Website and/or in other rights embedded in and/or related to this Website, except for the right of private use of this Website, as detailed in these terms of use.
- For the avoidance of doubt - it is prohibited to operate or allow the operation of any computer application or any other means, including software such as Crawlers, Robots and the like, for the purpose of searching, scanning, copying or automatically retrieving content from this Website. It is prohibited to create or use such means for the purpose of creating a compilation, collection or database containing content from this Website without the approval of the Management of this Website. Without derogating from the generality of the foregoing - “harvesting” is prohibited, and accordingly the user may not operate systems for harvesting email addresses from the pages of this Website, nor use this Website in order to collect information about any other person. Intrusion into the computer system of this Website constitutes a criminal offense. The aforementioned prohibition does not apply to the operation of general search engines that link directly to this Website.
- By using this Website, you undertake to provide details and to provide correct, accurate, up-to-date and complete details regarding your identity.
- If there is a concern that any person or entity is using or has used the user's registration details, the user must notify the Management of this Website immediately.
- The Management of this Website may prevent the user from using this Website at its sole discretion. The Management of this Website may also terminate a user's use of the Website in any case, including in a case where the user acted in a manner that harmed or may harm the services of this Website and its other users and/or in a case where a user acted or may act unlawfully or in violation of the rules of this Website.
- The Website team does not undertake that use of the website will be secure, accurate, complete, uninterrupted, error-free or free of viruses, worms, harmful components or other functional limitations.
- The user undertakes to report to the Management of this Website any publication of an offensive, misleading or inappropriate nature that they encounter while using the Website.
- The products on the Website are original, new and free of defects.
Changes to and Updates of This Website's Terms of Use
- The Management of this Website will act as far as possible to update the user about changes to the terms of use, by publishing a notice on the Website that will include the wording of the amended terms, or will refer to them.
- It is the sole responsibility of the users of this Website to check from time to time whether any changes have been made to it, and whether these changes are relevant to them.
- The user shall have no claim, suit and/or demand against the Management of this Website and/or anyone on its behalf, in respect of making such changes and/or malfunctions that occur (if they occur) as a result of making them.
- The Management of this Website will endeavor to ensure that this Website and its services are available at all times. However, continuous, fault-free availability cannot be guaranteed. If there is a malfunction on the Website, the Website management will try to restore this Website to operation as quickly as possible, and the same applies in the event of a shutdown for maintenance purposes. It is clarified that no monetary compensation or credit will be given due to the suspension of this Website's operation, even if as a result the user and/or any third party suffers any direct or indirect damage.
- The Management of this Website will endeavor to ensure that this Website and its services are available at all times. However, continuous, fault-free availability cannot be guaranteed. If there is a malfunction on the Website, the Website management will try to restore this Website to operation as quickly as possible, and the same applies in the event of a shutdown for maintenance purposes. It is clarified that no monetary compensation or credit will be given due to the suspension of this Website's operation, even if as a result the user and/or any third party suffers any direct or indirect damage.
Purchasing Products on This Website
- The display of the various products on the Website's pages does not constitute an “offer”, and for the avoidance of doubt, the purchase process by the user shall not constitute an “acceptance”. The Management of this Website invites the user to make offers to purchase a product from the products displayed on this Website. The Management of this Website reserves the right to refuse to accept orders from users at its sole discretion, and no user whose requested purchase was not made possible or was canceled shall have any claim.
- Ordering products from this Website is carried out online via this Website and requires providing the user's identifying details, including the user's full name, email address, postal address and shipping address, telephone and additional contact details as may be required.
- It is clarified that the Website team does not manufacture the products sold on the Website, and therefore it bears no responsibility for the products' features, the products' quality, or the trade names used, including the manufacturers' names. It is clarified that in certain cases there will be color differences between the products offered for sale on the website and the actual products. It is clarified and emphasized that sole responsibility regarding the quality, nature and contents of the products applies solely to the manufacturers, in accordance with the service and warranty terms of each individual manufacturer.
- Payment for products ordered from this Website shall be made by credit cards: American Express, Visa, MasterCard and Isracard.
- Ordering products is subject to their availability in stock and is conditional upon payment approval from the credit card company and final approval by the Management of this Website. After verification of the user's payment method details and receipt of the credit card company's approval for the purchase, the user's purchase request will be transferred to the Website. Thereafter, this Website will issue an order confirmation that will be sent to the user by email. The order confirmation will include the order number, the details of the products ordered on this Website and their price. Shipping will take place starting from 24 hours from the day the order is placed.
- It is clarified that in order for VAMOS MEN to be able to fulfill the order, the ordered products must be in stock with the supplier/manufacturer abroad. If the products are not in stock with the supplier/manufacturer, the Website team may offer you alternative products at similar prices. If you choose to accept the offer, the order details will be updated accordingly. If not, the order records on the Website will be deleted. In addition, the customer may place a conditional order, subject to the availability of the products with the supplier/manufacturer abroad. In this framework, the customer will not be charged until the products are actually purchased.
- The customer declares that they are aware of the laws and regulations governing the use of credit cards in all matters relating to “remote purchase” and/or “internet transaction”.
- It is clarified that the images on the Website are for illustration purposes only. In the event of an error in the product description and/or product image, the Website management may, but is not obligated to, cancel the specific purchase. It is also agreed that upon cancellation of the transaction, the funds will be returned to the purchaser immediately.
Delivery of Products
- Make sure that the details of the ordered products and the shipping address have been filled in correctly. The Management of this Website shall not be responsible for cases in which the order was made negligently, including cases in which incorrect shipping details were filled in, errors occurred in order quantities or an incorrect product was ordered. It is emphasized that the obligation to fill in correct details lies with the customer, and if incorrect details were typed, the Website management shall not bear any responsibility for this.
- Delivery on the Website is carried out by a courier company and in accordance with the company's terms. The Website management shall not be responsible for any delay in the delivery of the products due to force majeure and/or circumstances beyond its control, including strikes or work sanctions at Israel Post and/or another courier company.
- Handling of the shipment will begin within 24 hours of receipt of the order on the Website. It is clarified that in cases of orders placed on Friday or Saturday/a holiday, within 24 hours from Sunday.
- The Management of this Website does not undertake any delivery time for a product purchased on the Website and bears no responsibility for any delay in delivery that does not result from its actions. Where a delivery time is stated on this Website with respect to a particular product, it is an estimated delivery time. This Website shall not bear any responsibility in the event of a delay that does not result from the actions of the Management of this Website, including in the event of an incorrect address entered by the user, in cases related to the activity of the various suppliers and/or product stock and/or in cases of force majeure and/or other cases beyond the control of the Management of this Website, including malfunctions resulting from a shutdown of the Postal Authority or any other malfunction resulting from an omission or act of the Postal Authority, means of transportation or any other factor beyond the control of this Website.
- After the order is placed and after final approval by the credit card company, an email containing the order details will be sent to the customer.
- Shipping by courier mail or any other form of shipping that VAMOS MEN chooses: It is clarified that the Website management does not undertake coordination by telephone between the courier and the customer regarding delivery times and/or a change of the delivery address. It is also clarified that telephone coordination between the courier and the customer regarding delivery times (or regarding a change of the delivery address) cannot be guaranteed. It is clarified that the Website management cannot undertake coordination between the courier and the customer for the purpose of delivering the shipment to a different address. If the customer is not found at the address registered in the order, and/or is not available to receive the shipment for a reason that does not depend on the courier, they shall not be entitled to receive a credit and/or cancel the order.
- If the customer has not received the product within 14 working days, except for cases originating from malfunctions of the Postal Authority, the customer shall be entitled to cancel the purchase or cancel a renewed shipment.
Purchase Cancellation and Product Return Policy
- The manner of purchasing the products, as well as the manner of canceling a transaction, is subject to the Consumer Protection Law, 5741-1981, the Consumer Protection Regulations and the other relevant provisions of law. According to the law, products may be returned within 14 days in their original packaging, provided that the products have not been damaged and have not been used.
- If a user wishes to cancel a purchase transaction before the product is shipped and/or the order is produced, they may do so by means of an appropriate written request by email to: service@vamosfashion.com or via the “Contact Us” form. Requests that are not in writing will not be accepted.
- It is clarified that upon cancellation of a purchase transaction not due to a defect or to the product supplied not matching the user's order, the user will be charged a cancellation fee of 5% of the transaction value or ₪100 – whichever is lower. The foregoing does not derogate from the right of the Management of this Website to seek any other remedy to which it is entitled under any law. The purchaser's right to cancel the transaction is conditional on returning the product to the business, and on the product not having been damaged or used.
- It is clarified that the Management of this Website will not allow cancellation of a transaction and shall not be responsible for any damage or any liability in cases where the products were exposed by the user to water and/or moisture and/or sun and/or heat and/or harsh environmental conditions.
- Cancellation of a transaction due to a product defect – the user must inspect the product immediately upon receipt and report immediately, and no later than 7 business days from the day the product is received, to the Management of this Website any non-conformity or defect by means of an appropriate written request as stated above, and allow the Management of this Website to repair the defect and/or non-conformity and to replace the defective product with a proper product that will be sent after the defective product is returned. If the non-conformity or defect cannot be repaired and/or if the user refused the Website's offer, their money will be refunded in full after they send the product to the Management of this Website and the defective product is received by it. It is clarified that these shipping costs shall be borne exclusively by the user.
Cancellation of a transaction by the Management of this Website – it is clarified that in certain cases, the Management of this Website may cancel an order of a product on the Website, including, but not limited to, in the following cases: if any error is found, including human error, in the product details, its characteristics, its price and the like as they appeared on the Website; if it is discovered that the product order was made in violation of the agreement and/or in violation of the terms of use of the various suppliers and/or while harming a third party; if it is discovered that the ordered item is not in stock with the relevant supplier;
- Notice of cancellation of a transaction by the Management of this Website will be given to the user by sending an email to the address provided by the user.
Intellectual Property
- This Website includes original content in which the Management of this Website holds the intellectual property rights, as well as content and information for which the Management of this Website holds the authorization required to use them. All intellectual property rights in the content appearing on the Website, including the design of this Website, the arrangement and presentation of the information, images, graphic files, applications, computer code, text and/or any other material, belong to this Website or to a third party that has permitted this Website to use them.
- Use of this Website does not grant the user any right to use the intellectual property of the Management of this Website and/or of third parties. Any use that infringes the copyrights and/or intellectual property as detailed above shall serve as grounds for closing the user's account without any prior notice and for restricting their use of the Website, and the user shall bear all expenses incurred by the Management of this Website and/or by any third party, without derogating from any other remedy to which the Management of this Website is entitled.
- It is prohibited to copy, in whole or in part, publicly display, distribute, publicly perform, make available to the public, modify, adapt or create derivative works, sell or rent any part of the aforementioned content, by any means whatsoever, without the prior written consent of the Management of this Website. Any use of the aforementioned content and of the trademarks appearing on the Website and/or the logo of this Website is prohibited without explicit prior written approval from the Management of this Website.
- Any use that infringes the copyrights and/or intellectual property as detailed above shall serve as grounds for closing the user's account without any prior notice, and the user shall bear all expenses incurred by the Management of this Website and/or by any third party – without derogating from any other remedy to which the Management of this Website is entitled under the agreement and under the law.
Collection, Storage and Security of Information
- The Management of this Website has the right to collect and store any information arising from the use of this Website.
- In addition, routine activity of collecting additional information regarding the users of this Website may take place on this Website, usually as a result of this Website's desire to provide its users with an enjoyable, efficient browsing experience tailored to each user personally. In this way, the Website will be able to tailor content of interest to each user and make it easier for them to access it.
- By using this Website, you authorize the Management of this Website to make any use they wish and deem appropriate of non-identifying information about you and about your usage habits on this Website, and even to transfer it to third parties, as long as the transferred information does not identify you personally.
- All information collected by this Website will be kept by this Website for the purposes detailed above, and will not be given to any third parties, except for statistical information.
- Cookie technology allows this Website to provide the user with personally tailored information when visiting the Website. These are text files originating from this Website that are stored on your system. Cookies allow the Management of this Website to learn which parts of this Website you visited, how many times you visited each part and how long you stayed there. Based on the information stored by the cookies, this Website can store a great deal of information that undergoes statistical analysis in order to improve this Website's services to its users. In addition, collection in this way makes it easier for you to access the sections you regularly browse on the Website.
- Without derogating from the foregoing, it is hereby agreed that the Management of this Website may assign its obligations (if and to the extent there are or will be any) and transfer its rights, at any time under these terms of use, to a third party, at its sole discretion, in any manner it deems appropriate. In such a case, the user's details held by the Management of this Website will be transferred to the third party that receives the rights in the Website. By using this Website, you agree to this in advance.
Sending Advertising Messages from This Website
- By using this Website and deciding to register for this Website, you agree to the inclusion of the personal data you provided in this Website's database. In addition, by registering for the Website, you express your free consent to the sending of various messages from this Website to you, whether by email or by any other means.
- This Website intends to update its users about various promotions held on it and various publications. Such updates may be sent to the email inboxes provided by users when registering for the Website or during their stay on it. By using this Website, you hereby give your consent to the sending of various publications, including marketing content, including by direct mail, in accordance with the provisions of the Communications Law. The marketing content may be sent in a variety of ways, including by email, mobile phone text messages (SMS), fax, direct mail, automatic telephone dialing and the like.
- If you do not wish to receive messages of this type, you are welcome to send a request to be removed from this Website's mailing list, and this Website will stop sending you messages of this type within 7 business days from the date your notice is received.
- As stated above, removal of your name and details from this Website's database will be carried out within seven business days from the date the refusal notice is received on the computers of the Management of this Website. From the date the removal request is sent until the actual removal, you shall be precluded from raising any claim and/or demand and/or suit against the Management of this Website and/or any third party in connection with marketing content that arrives and/or is sent to you during said period.
Breach of the Terms of Use
- The user of this Website undertakes to indemnify the Management of this Website, as well as anyone on its behalf, for any damage, loss of profit or expense incurred by them as a result of your breach of these terms of use, including legal expenses. The indemnification does not derogate from any remedy to which the Management of this Website, its owners or anyone on their behalf are entitled under law.
- The user shall compensate and indemnify the Management of this Website, and/or anyone on its behalf and/or any third party for any claim, suit, demand, loss, loss of profit, payment, expense, costs and liabilities, including interest payments and payment of reasonable attorneys' fees and legal expenses, incurred by the Management of this Website and/or anyone on its behalf by the user as a result of the user failing to comply with the provisions of these terms and/or violating any provisions of law and/or as a result of details, information or files provided by the user, and/or as a result of the user's omissions, as expressed directly or indirectly.
- By using this Website, the user hereby gives their consent that this undertaking of indemnification shall apply in any case, whether or not the Management of this Website or anyone on its behalf is a party to the claim.
- Without derogating from the generality of the foregoing, the user shall pay the amounts of damage arising from their liability, as stated above, immediately upon the first demand of the Management of this Website. Such a payment demand shall serve as conclusive evidence regarding the need to indemnify the Management of this Website for the damage caused to it in that matter.
- The user shall be precluded from raising any claim and/or demand against the Management of this Website and/or anyone on its behalf with respect to the limits of the user's liability for such damage.
General
- The laws that shall apply to these terms of use are the laws of the State of Israel. Exclusive jurisdiction in any dispute arising from these terms of use or from the use of the Website is vested in the competent courts in the Tel Aviv District.
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You are welcome to contact us on any matter regarding this Website or these terms of use. You can contact us by phone at 058-6950590, or by email service@vamosfashion.com
