Welcome to Ami Haim Candies, your online home for Kosher sweets and candy.
ANY USE OF ANY KIND OF THE SITE OR ANY OF IT SERVICES OR APPLICATIONS SHALL CONSTITUTE AN AGREEMENT TO THESE TERMS. PLEASE DO NOT MAKE ANY USE OF THE SITE, APPLICATION OR THE SERVICES UNLESS YOU AGREE TO THE TERMS AS DEFINED ABOVE.
“The Site” (or “We“) in these Terms shall include the website located at the Agripas 46 address, any related application or service and, where appropriate, also the owners of the site (Ami Haim Candies, Ltd., Agripas 46, Jerusalem 9430127, Israel), the managing body of the site, its operators and any of its managers, employees, shareholders and any other representative.
Modifications to the Terms. You should check the Terms periodically for modifications. We may modify the Terms from time to time without notice. If We make material changes to the Terms we will post the revised Terms and the effective date thereof. Any continued use by you of the Site or any of its Services after the posting of such modified Terms shall be deemed to indicate your explicit agreement to such modified Terms. Accordingly, if at any time you do not agree to be subject to any modified Terms, you should no longer use the Service or the Site.
Term and validity
- The Terms shall remain in full force at any time regarding any purchase made by you from Us. Terminating your account and/or membership or finishing any of the Service does not terminate the applicability of the Terms to you.
- Use of the Site by Persons Under 13 Years of Age is prohibited:The Site is committed to protecting the privacy of young children, and therefore does not knowingly collect or maintain personally identifiable information from persons under 13 years of age. Accordingly, children under the age of 13 may not use the Site for purchases, and if done so – their use may be prohibited and limited with no prior notice.
Registration to the Site
- Registration to the Site. In order to execute a purchase using the Site, you will be required to register your details on the Site and open a personal account (“Account“). An Account is accessed by a unique username and personal password. In registering for your Account, you agree –
- that the information you provide the Site with will be current, complete and accurate;
- that anything you supply the Site with is supplied by you willingly and in good faith; and that the Site may use the information in the manner detailed under these Terms;
- not to transfer, sell, convey or assign the right to use your Account to any third party;
- Not to permit any third party to use your user name and password to access your Account or the Service. You further agree that you are responsible for the conduct of any party that uses your Account, whether or not authorized by you, and for any breach of the security of the Service related to the use of your user name and/or password.
- Registration using social media accounts. Registration for or logging to the Site might be also done by using social media accounts (such as Facebook, Twitter, Google+, Instagram, and as the site might offer from time to time) using your current account there. Please note that should you register by using an Account in other network, you agree to supply the Site with access to all your public data and information within such network which might become part of your Account on the Site.
- Any activity in your Account and your details are your own responsibility. Please check carefully any details you submit to the Site, as the Site will act based on them. Wrong, outdated, incomplete or otherwise incorrect information might cause undesirable results, such as you not receiving any orders you placed to the Site. You are also requested to keep your password and other private data as confidential, as you will be the sole liable to anything (including orders and purchases) occurring within your Account, even if not executed by yourself.
- Registration may be denied. The Site reserves the right, but is under no duty or representation, to review any and each of the registration requests, and deny any of such requests subject to its own discretion and with no explanation or notice supplied. If you do not agree, please do not register to the Site. The Site might not allow any registration or specific purchase based on its sole discretion and with no explanation supplied. You shall have no complaint or claim against the Site in such a case.
- Grant of Rights.Upon registering (and subject to the payment of any applicable fees, if relevant) the Site grants you a limited, revocable, non-transferable, non-exclusive right to access and use the Site and make purchases using it, if such activity is solely for your personal purposes.
- Password is and must be kept private. It is your responsibility to keep your password private and confidential. Any use or misuse of the password or of your Account shall be your responsibility alone.
If you suspect unauthorized use of your Account, PLEASE notify us immediately (at our “contact us” page [www.amihaimcandies.com/צור-קשר/] subject: Unauthorized use of my account), and supply us with enough information both to found your suspicion and your ownership of the Account as per our discretion. Also please change your password immediately.
Use of the Site
- Orders from the Site. We reserve the right to refuse any order you place with us. We may also, in our sole discretion, limit or cancel quantities ordered or 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.
- Executing an Order. Any product on the Site is to be considered an offer to make an offer. Your purchase (order) constitutes an offer and we will be bound by any such purchase only after the Site sends you an email verifying the acceptance of your order, the prices and quantities set in the order, etc. Until that email is received, your payment method will NOT be used and your order may be refused by the Site, for any or for no reason whatsoever. Of course, you will be notified by email for said refusal.
We may contact you before your order is finalized with questions of missing products, alternative possibilities and better deals. Only after we finalize your order and send a reply to you, your order is to be considered final and binding.
If for some reason we may not complete your order, we will inform you of that fact and NOT charge your payment method.
- Multiple Product Orders. For a multiple product order, we will make every attempt to ship all products contained in the order at the same time, but we cannot undertake to do so. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise.
- Other Conditions. These terms and conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether we are aware of them or not.
- Out-Of-Stock Products. There may be times when the product you have ordered might not available to ship (even though they are presented as available on the Site), and that might delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment and ask for your option of what to do. All shortages will be corrected upon shipment of equivalent in-stock items.
- Photos and descriptions are solely for illustration purposes and not binding. The Site includes photos and descriptions of products. Such may differ from actual product and are only presented solely for illustration purposes.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is materially not as described, your sole remedy is to return it in unused condition, at our expense.
- The License granted to you. We hereby grant you a nonexclusive, nontransferable license (limited by the Terms) to access and use the Site in accordance with normal use of its interface, to purchase any product, etc. To remove any doubt, the use of the Site is licensed, not sold.
- You may not: To the extent permissible by applicable law, you may not, nor may not permit any other person or entity to:
- Sublicense, redistribute or lease any portion of the Site or your account therein;
- Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Site or create derivative works from any of the Services or surveys;
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any use of or access to the Site; or
- Copy, reproduce, capture, store, retransmit, distribute or otherwise make any use not in accordance with the Site’s interface or while removing the Site’s logo, of any content included within.
- Conduct prohibited. The following is a non inclusive list of the kinds of conduct that is forbidden on the Site, including conduct that is –
- Illegal or unauthorized use of the Site, including but not limited to intellectual property breach, and any other illegal, breaching, damaging, harmful or inappropriate activity;
- harassing, stalking or advocating harassment or stalking of another person or group of individuals;
- solicits passwords or other personal information (such as addresses, social security numbers, etc.) from other users;
- attempting to impersonate another person or opening an Account under false name, characteristics or pretences;
- using the Account, username, or password of another at any time or disclosing your password to any third party or permitting any third party to access your account;
- accessing data or code that is not intended for the users of the Site, or gaining unauthorized access to an Account, server or any other computer system;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- any automated use of or access to the Site, including but not limited “bots”, “robots”, “spiders”, etc. that accesses the Site in a manner that sends request messages to the Site’s servers more than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
- attempting or interfering with the function of the Site, Service, host or network, including, without limitation, via means of submitting a virus to the Site or its users, overloading, “flooding”, “mailbombing”, “crashing”, “ddos attacks”, “malware” or sending unsolicited e-mail, including promotions and/or advertising of products or Service;
- circumventing, disabling or otherwise interfering with security-related features or other digital-rights-management features of the Site;
- You may not alter or modify in any way or manner any part of the Site, its look-and-feel, interface, advertisements, code, print-outs or any of its related technologies or the surveys within.
- Products may not be available worldwide. The Site includes various products that might be forbidden to be sold in various countries. The fact that they appear online does not mean we ship all the products in your cart to all destinations. Some products may not be available in some countries due to various legal and health demands. Availability of the products you wish to order to your specific country is checked while you review your Shopping Cart, and not before. We will advise whether products are available in your country and you will not have any claim against us in this regard.
Proprietary Rights and Intellectual Property
- Copyright of the Site. The Site is and includes copyright protected works and protected trademarks. You may not modify, distribute, copy, frame, republish, display, post, publish, reproduce, sell or make any other use in any way of any content or part of the Site or any trademark therein.
- Unless otherwise noted, all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Ami Haim Candies (the Site) and any related body. The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
User comment, feedback and other submissions
- All comments, feedback, messages, ideas, suggestions or other communications submitted or offered to us or offered in connection with your use of this Site whether disclosed in any manner whatsoever, (collectively, “Comments“) shall be and remain the exclusive property of the Site.
- Your submissions of any such Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in said Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
- Termination of specific accounts. The Site may terminate any Account or membership, delete any profile and/or prohibit any user from using or accessing the Site or any purchase within, in whole or any part thereof, for any reason, for no reason, at any time in its sole discretion, with or without notice, subject to delivery of all orders finalized and completed (and paid for) prior to such termination.
- Account Inactivity and termination.The Site may (but is under no obligation to) terminate your Account if there is no account activity or purchase for over 12 months.
- Termination of the Site or any of its Services. The Site may also terminate its operations, all or any part thereof (including any of its services or products), permanently or temporarily at its own discretion. The Site does not issue any warranty for continuance of any or all the services or products and may terminate any or all of them at its own discretion, without notice and at any time.
- No remedies upon termination. To remove any doubt, you will not be awarded any remedy of any kind if the Site has terminated your Account, any of its Services or its activity altogether and you have no claim against the Site in any of these cases.
Credit Cards and other Payment Methods
- We accept the following national and international credit cards: Visa, MasterCard, American Express, Isracard.
- Alternatively, payment may be made through third party companies such as PayPal. Please review their policies before proceeding to checkout. We are not responsible for the actions and policies of such third parties.
- Please be sure to provide your exact details of payment method AND your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order and might not allow us to process it to your satisfaction.
- Your credit card will be charged only upon completing your order.
- No guarantee for shipment flaws and delays. We use reputable shipping companies, yet as this is out of our hands, we can’t guarantee shipping will be flawless and without defects. Nevertheless, our shipments are insured. We cannot also be held responsible for any packages which are delayed due to unforeseen shipping delays – please plan accordingly.
- Order processing, Delivery and no remedy for late delivery. As customary, we process your orders and send our deliveries in a manner that to the best of our ability will reach you at the point of designated delivery up to 28 (twenty eight) business days from the date of receipt of our Order confirmation email to you. Nevertheless, you must understand that although we try to deliver our products to you ASAP, we cannot control nature, Acts of God and other delays not controlled by Us. We will not be liable to any delay caused by a reason not solely controlled by Us. Your sole remedy for delayed delivery will be to send us back our products and you will be reimbursed both for the delivery back to us and for the money paid for your Order. You will not be entitled to any other damage or reimbursement, no matter the result of such delayed delivery to you.
- Charges and shipping areas. Shipping charges may vary, depending on your location worldwide. Some products may not be shipped to certain territories and countries, for various reasons (such as local laws, weather conditions, etc.). We apologize, but shipment is limited to the territories detailed in each order page.
- Hot Weather Shipping (Shipping To Warm Locations). Several of our products may melt during the hot period. We cannot guarantee that for a prolonged period of time the quality of products will remain. Therefore, during the hot-weather summer period at our warehouse, we reserve the right to hold all shipments from being processed on Fridays and Saturdays to ensure packages do not sit in a non-temperature controlled shipping warehouse. If your package is held for this reason, we will have it shipped from the warehouse on the following business day.
- Shipping charges vary depending upon your location in the world and the shipping service that you select.
- Unfortunately, certain candies might melt in transit, but we do our best to try and safeguard each shipment against such occurrences. If you wish to minimize such risk, please choose an expedited shipping method.
- Refused Delivery of Package: Packages may be refused for delivery either by our shipping company or by you upon receiving them. Any packages refused by a third party at the point of delivery will be deemed as abandoned property. All refused packages will be returned to us at your additional expense. No refunds will be issued for any packages which were refused delivery. If you have any questions regarding why a package was refused for delivery, please contact our shipping agents at your order details page, and have your tracking number handy.
- Undelivered Packages. Before completing your order online, we strongly recommend that you check both your billing address and shipping address thoroughly, in order to ensure accuracy. From time to time, you may incorrectly fill these fields and submit orders so please check yourself before submitting any order. We will only ship the products to the address that is supplied on your order form. In the case that an incorrect address is supplied, most likely that such order will never reach you, and it will be solely your responsibility.
- No Cancellation of orders after leaving our premises. We apologize, but as we try to keep our candy as fresh as possible, as all have an expiration date and are perishable; and as national and international shipping take time, you may not cancel any order at a time later than the time said order has left the grounds of our premises.
- Cancellation of orders prior to leaving our premises. Should you notify us of your will to cancel an order you have made, and we will be able to process such cancelation prior to the order leaving our premises, we will try our best to cancel such an order and according to our consideration may charge you for a cancelation fee of 5% of the order price or 100 NIS, the lowest of the two. [According to the Israeli law]
Disclaimers and no liability of the Site
- If, for any reason, you receive candy or other products that are broken, damaged or materially different from the ones you ordered, please contact us within 5 business days of arrival of order to you, by e-mail, notify us of the defect and subject to our consideration, we will send you a replacement for damaged products, with no further payment.
Naturally, no such replacement will be sent for any meltable or similar product.
- We are not the manufacturers of products sold on our Site, but receive data from such manufacturers. Therefore, when we know a product may include allergens, we certainly make that clear to you, but we may not be accurate all the time, and in case you have a known allergy, we do suggest you contact the manufacturer of the specific product directly and review such data it may supply you with. Each product’s manufacturer’s is stated on the product’s page. We undertake no responsibility for allergens not specifically stated on products
- USE THE SITE AT YOUR SOLE RISK. YOU AGREE THAT THE USE OF THE SITE AND ANY OF ITS SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW.
- NO WARRANTEES OF ANY KIND. THE SITE AND ANY PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AS AVAILABLE. THE SITE AND ANYONE RELATED TO IT OR ACTING ON ITS BEHALF EXPRESSLY DISCLAIMS ANY WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND (EXPRESS, IMPLIED, ORAL OR WRITTEN), INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, SPECIFIC FUNCTION, FUNCTIONALITY, MERCHANTABILITY, RELIABILITY, AVAILABILITY, QUALITY, PERFORMANCE, NON-INFRINGEMENT OR OTHER. THE SITE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICE.
- SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES UNLESS MANDATORY UNDER SPECIFIC JURISDIOCTION.
- NO LIABILITY. IN NO EVENT WILL THE SITE, ITS DIRECTORS, EMPLOYEES, AGENTS OR ANYONE ON ITS BEHALF BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT AND INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSS OR ANY OTHER KIND OF DAMAGES ARISING FROM THE USE OF THE SITE OR ANY OF THE SERVICE, CONTENT, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE OR SERVICE OR OTHER CONTENT, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE SITE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY. AS CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY AS ABOVE OR IN ANY CASE ANY COMPETANT COURT DECIDES THAT FOR ANY REASON THE SITE OR ANYONE ON ITS BEHALF BE LIABLE TO ANY DAMAGES OF ANY KIND, THE SITE’S (OR ANYONE ON ITS BEHALF) TOTAL LIABILITY DUE TO ANY DAMAGES (DIRECT AND INDIRECT), CLAIMS OR CAUSES OF ANY SORT OR KIND (WHETHER CONTRACTUAL, TORTIOUS OR OTHER), EITHER BY LAW, DUE TO THESE TERMS (INCLUDING IMPLIED WARRANTEES OF ANY KIND) AND FOR ANY OTHER CAUSE WILL BE LIMITED (TO THE EXTENT PERMITTED BY LAW) AND NOT HIGHER THAN THE AMOUNT YOU PAID TO THE SITE TO USE ITS SPECIFIC RELEVANT SERVICE OR PRODUCT AS APPILACBLE.
IN ALL CASES, THE SITE AND ANYONE ON ITS BEHALF WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
- No liability to any error of any kind. The Site may include and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, anything within the Site.
- No responsibility for security breaches, malware, fraud or similar faults. As always online, and even though the Site undertakes reasonable security measures as customary, certain security breaches, hacks, cracks, deceit, fraud or other faults (such as viruses and Trojan horse codes) may always happen. We will be under no liability to any such fault.
- No responsibility for linked materials and websites. The Site may contain links to other websites. The Site is not responsible for any content published on such other sites or opinions expressed on such other sites, including but not limited to their accuracy or their being kept up to date by such sites. Such sites are in no way investigated, monitored or verified for accuracy, completeness or otherwise by the Site. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked site by us. When you access these third-party sites, you do so at your own risk. If any link to such site offends you, causes you any harm or you believe is illegal, please notify us by using the “Report Content” link at the bottom of certain pages, or use the “Contact Us” page.
- No responsibility for any technical difficulty. The Site shall not be responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems, virus and malicious codes or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to yourself, to any user or to any person’s computer related to or resulting from participation or downloading or receiving materials in connection with the Site.
- No responsibility to advertisements. The Site assumes no responsibility for third party advertisements which are posted on the Site, nor does it take any responsibility for the goods or services provided by its advertisers or to any warranty or undertaking detailed in such advertisement.
- Kosher Candy. All products are Kosher in some level (“Hechsher“). Each Product has its own Hechsher stamped/written on the label. In addition we try to the best of our ability to update all products Hechshers on their webpage. Some of the candy and other sweets you may order on the Site are Kosher, subject to the Rabbinate authorization. We have Kosher Certificate for each candy that is stated as “Kosher” on the relevant page. Such certificate is on an “as-is” basis, and subject to the dates stated therein. If we state a wrong Hechsher or err in some other way regarding any of our Hechshers, we apologize. Please notify us and we will amend this ASAP. Nevertheless, such error or omission will not award you with any remedy against us.
- Exclusive law and jurisdiction. By using the Site (including any application or otherwise) or any of its services in any manner, you agree that any dispute about or involving the Site, its products or its services shall be exclusively governed by the laws of the State of Israel, without regard to conflict of law provisions and governed by these Terms. In such a case, you agree to an exclusive personal jurisdiction and venue in the competent courts in the district of Jerusalem, Israel.
- You shall indemnify and hold the Site, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners, contractors and employees, harmless from any loss, liability, claim, demand, costs, damages or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Site or the Service or any of the content, in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Site or the Service causes the Site to be liable to any third party.
- Limitation on the Period of Limitation. YOU HEREBY AGREE THAT ALL CLAIM OR CAUSE OF ACTION OF ANY KIND VERSUS THE SITE OR ANYONE ON ITS BEHALF SHALL BE FILED IN A COURT OF LAW WITHIN AND NO LATER THAN TWENTY FOUR (24) MONTHS PAST THE DATE OF ITS OCCURRENCE. THIS SECTION IS TO BE CONSIDERED AS AN AGREED LIMITATION ON THE PERIOD OF LIMITATION UNDER ANY RELEVANT LAW, AND SHALL OVERCOME ANY OTHER LEGAL REQUIREMENT (UNLESS IT IS A MANDATORY LEGAL REQUIREMENT).
- Interstate Nature of Communications on the Site. When you register, order from or otherwise use the Site, you acknowledge that while doing so you send electronic communications of any kind through the Site’s networks and servers located in Israel or the USA. As a result, any of the communications will be transmitted through several states and countries, regardless of where you are physically located at the time of transmission. According, by agreeing to these Terms, you acknowledge that use of the Service results in such international data transmissions.
- Non waiver of rights. Failure of the Site to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- Section titles solely for convenience. The section titles in these Terms are for convenience only and have no legal or contractual effect.
- The Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- No third party agreement. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
- Contact us email. Please contact us at: firstname.lastname@example.org with any questions regarding these Terms.
- Our Address:
Ami Haim Candies Ltd.,
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Effective date: 26.05.2017