Terms of service
Terms of Use
General
1.1
The Club 226 website (the “Website”) is owned and operated by Club 226 (the “Company”). The Website and any e-commerce websites operated by the Company (or on its behalf) shall be referred to herein as the “Website”. For clarity, wherever the term “Websites” is used, it refers to the Website and/or any of the Company’s websites. The term “User(s)” and/or “Purchaser(s)” means any person who browses and/or uses the Websites.
1.2
Use of the Websites, including browsing and/or participating in sales and/or purchasing products, constitutes an unconditional confirmation that the User has read and agrees to these Terms of Use. The Company reserves the right to change, delete, and/or add to the Terms of Use at any time without notice. Users are advised to review the Terms of Use from time to time, as continued use of the Websites constitutes acceptance of any changes. A User who does not agree to any part of these Terms of Use must refrain from further use of the Websites.
1.3
In the event of any contradiction and/or inconsistency between the content of the Websites and these Terms of Use, these Terms of Use shall prevail. If any of the Websites has different terms, the terms applicable to that Website shall govern its use.
1.4
These Terms of Use are cumulative and do not limit one another.
1.5
Use of masculine language in these Terms of Use is for convenience only and refers to all genders, without discrimination.
1.6
Headings are provided for convenience only and have no interpretive meaning.
1.7
These Terms of Use apply to any use of the Websites, including but not limited to participation in sales and purchasing products.
1.8
The Company may change or discontinue operation of the Websites, in whole or in part, and may suspend or terminate any activity carried out on the Websites, in whole or in part, temporarily and/or permanently, at any time without notice, and Users shall have no claim, right, or demand in connection therewith.
Prohibited Uses and the Company’s Right to Terminate Use
2.1
The User undertakes to comply with all applicable laws in connection with their use of the Websites and/or their content, and to comply with these Terms of Use.
2.2
Without derogating from Section 2.1, the User undertakes not to perform any of the following actions on the Websites:
2.2.1 Use other than for personal purposes (including commercial use).
2.2.2 Make purchases for resale, or purchases by wholesalers; for the avoidance of doubt, the Websites are intended for retail sales only.
2.2.3 Impersonate another person, use false or inaccurate details, or use details that do not belong to the User (such as address, bank account details, email, etc.), including during registration.
2.2.4 Use an email address not belonging to the User.
2.2.5 Upload, send, or transmit any false or misleading content intended to deceive any User or third party.
2.2.6 Post (where posting is enabled) content, information, data, advertisements, or links that violate any law and/or may harm public sentiment and/or encourage, support, assist, provide instructions for, or guide the performance of any criminal act under Israeli law.
2.2.7 Distribute spam or flood the Websites’ servers with any type of mail.
2.2.8 Infringe copyrights, trademarks, or any other proprietary rights in the Websites and/or their content.
2.2.9 Upload, send, or transmit any content containing any computer virus, malicious software, worm, vandals, malicious applications, or any other code that may harm computers, servers, hardware, or software used by the Company.
2.2.10 Any use that is not fair and reasonable.
2.2.11 Modify, process, copy, scrape, adapt, sublicense, translate, sell, reverse engineer, distribute, transmit, display, reproduce, publish, store any content of the Websites (in whole or in part), or disassemble/reassemble any part of the code composing the Websites, including the database, as well as similar actions regarding the hardware and software used to operate the Websites.
2.2.12 Interfere with operation of the Websites (including by interfering with the servers and/or network connected to the Websites).
2.2.13 Use intended to track or harass another person in any way.
2.2.14 Disrupt or violate any right of another User, including privacy rights, and/or collect personal information about Users in any manner, and/or use the Websites to create databases.
2.2.15 Harm the dignity or privacy of another User and/or the Company and/or its representatives, and/or use the Websites to harm any person’s reputation, or publish incitement, fraud, deception, defamation, or any false or unreliable information.
2.2.16 Display content from the Websites within a visible or hidden iframe, or display the Websites’ content in any manner using software/device/accessory/protocol that alters the original design and/or removes any content.
2.2.17 Place the Websites, or any part thereof, within a frame of another website, or as part of another website (mirror).
2.2.18 Use any robot, spider, search/retrieval engine, or any automatic or manual tool designed to index, retrieve, or locate information on the Websites, or expose the database structure or code.
2.2.19 Any use that is contrary to law.
2.3
Without derogating from the above, the Company may, at its sole discretion, disconnect Users and block access to the Websites, including preventing use and/or access to sales, cancel participation, if the Company believes the behavior is inappropriate and/or constitutes unreasonable or improper use, and/or if the User’s credit card has been blocked or restricted, and/or if any prohibited use or act contrary to these Terms has been performed.
2.4
The Company reserves the right to report any fraud, harmful activity, or unlawful activity to the appropriate law enforcement authorities.
Registration and Orders
3.1
Registration is available on the Websites. You are not legally required to provide details in the registration form, and providing such details depends solely on your choice. However, if you do not provide all required details, you will not be able to register and enjoy services offered to registered users. The Company may condition entry and/or use of the Websites (in whole or in part) on registration and/or payment, and Users shall have no claim or demand in this regard.
3.2
During registration, you will be asked to provide personal details as shown in the registration form and to choose a username and password. To participate in sales and/or place an order, you must choose a username and password and provide details such as name, address, email, phone number(s), credit card number, expiry date, ID number, and additional details. Please ensure accuracy to enable completion of the transaction. The User confirms that all details provided are accurate and belong to the User, and that the User will not use another person’s identification, username, or password without explicit authorization.
3.3
An order will be recorded in the Company’s systems and an email confirmation will be sent. Purchase is conditional upon approval by the credit card company. If approval is not received, the User will be notified. The Company may allow the Purchaser to provide credit card details by phone. In any event, each purchase is conditional upon provision of such details and approval by the credit card company.
3.4
After submitting an offer or placing an order, details cannot be changed. The Company may, but is not obligated to, agree to changes, and any costs of changes shall be borne by the User.
3.5
The Company’s computer records shall constitute prima facie evidence of their content.
3.6
Users may participate in sales carried out through the Websites only if they meet all of the following conditions:
3.6.1 Registered on the Websites in accordance with the Terms of Use.
3.6.2 Aged 18 or older with a valid Israeli ID, or a corporation duly registered in Israel. If the purchaser is a minor (under 18) or not legally entitled to act without a guardian’s consent, use of the Websites shall be deemed approved by the guardian.
3.6.3 Possess a valid Israeli credit card (not prepaid), an email address, and an address in Israel.
Sales on the Websites
4.1
Various products may be purchased on the Websites through “direct sale” or other methods. The Company may, at any time and at its sole discretion, conduct different sales, add or remove products offered for sale, and set the terms of sale.
4.2
Prices shown on the Websites next to products are the regular prices on the Websites or by the Company and are not necessarily “market prices.” Discounts are calculated from the regular prices and not from “market prices.”
4.3
The Company recommends that Users conduct market research before purchasing products or participating in sales. Price comparison is the User’s sole responsibility, and Users shall not raise any claim against the Company in this regard.
4.4
If products sold on the Websites are also sold in the Company’s physical stores, prices may differ between the Websites and stores.
4.5
For technology products, computers, and mobile devices, available storage capacity is lower than total capacity due to installation of operating systems, internal partitions, preinstalled software/apps, etc. For more information, please contact the importer or the manufacturer’s websites.
4.6
In most cases, an image intended to depict the product as accurately as possible will be displayed, together with technical specifications and/or a description. Variations may occur between the image and the actual product. In addition, if there is any conflict between the technical specifications and/or description and what is shown in the image, the technical specifications and/or description shall prevail.
4.7
The Company makes considerable efforts to keep product details/images complete and up to date. Nevertheless, good-faith errors may occur. If, due to such error, the product received differs from the description, the User may choose between receiving the product as actually supplied or canceling the purchase and receiving a refund of amounts charged for the product.
4.8
If, after an order is placed, it becomes apparent that the product is out of stock due to circumstances unknown at the time of order, the Company will notify the Purchaser within 5 business days and the order will be canceled.
4.9
Product stock availability is not displayed on the Website; availability can be checked via the “Contact Us” form.
Personal Sales
5.1
A “personal sale” is a sale conducted in a tender/auction-like format in which the User is invited to submit offers to purchase a product according to the rules set forth in these Terms.
5.2
Personal sales offer a limited quantity of products for a limited time at a price not lower than a minimum price determined by the Company (the “Minimum Price”). The Minimum Price is known to the Company and is not published or displayed on the Websites.
5.3
For each product offered in a personal sale, the product page will show an opening price (the “Opening Price”), below which offers cannot be submitted. For the avoidance of doubt, the Opening Price is not the Minimum Price. The Company is not obligated to accept offers at the Opening Price, and no claim shall be made regarding any alleged mistake or misrepresentation relating to the Opening Price or non-acceptance of offers at that level.
5.4
In some sales, a User may offer payment terms in addition to price. Minimum acceptable payment terms are at the Company’s sole discretion and will not be published.
5.5
Each User may submit up to five offers for each product. Each offer may not be lower than the Opening Price and/or the User’s previous offer for the same product.
5.6
An offer equal to or higher than the Minimum Price, with payment terms acceptable to the Company, shall win. Purchase will be completed at the offered amount and under the offered payment terms.
5.7
The Company may set a Minimum Price for each product and/or each User and/or each sale at its sole discretion, including determining that the Minimum Price may be affected by the User’s identity and/or number of installments offered. The Company may also set different Minimum Prices for different participants and may allow more than five offers in certain sales.
5.8
A participant whose offer has won may not withdraw the offer and may cancel the purchase only in accordance with the cancellation terms set forth in these Terms.
Intellectual Property Rights
8.1
All intellectual property rights in the Websites are the exclusive property of the Company and/or a third party that has granted the Company permission to use them, and only the Company is permitted to use such rights. Without limiting the above, the Company’s intellectual property includes all rights related to the Websites of any kind (whether registered or unregistered), including the domain name, patents, trademarks, trade names, designs, copyrights, trade secrets, goodwill, know-how, methods, source code and binary code, commercial symbols, software, concepts, confidential information, databases, derivative works, discoveries, formulas, ideas, improvements, inventions, logos, market data, moral rights, literary works, graphic files, technical information, and the Websites’ presentation and design.
No copying, distribution, reproduction, sale, translation, or any other commercial or non-commercial use of any texts, codes, images, trademarks, photographs, videos, or any other content appearing on the Websites is permitted without the Company’s prior written approval. Additionally, the Company name and any items associated with its goodwill and trademarks (including but not limited to logos, icons, service marks, etc.) as displayed on the Websites are the exclusive property of the Company and may not be used.
8.2
The Website and all information contained therein, including its design and any content in any media format (text, images, sound, video, audio-visual, etc.), whether existing now or in the future, are protected by Israeli copyright laws and/or the laws of other countries and/or international treaties. Users are prohibited from modifying, copying, publishing, distributing, transmitting, displaying, performing, reproducing, licensing, creating derivative works from, or selling any portion of the content without the Company’s prior written and explicit consent.
Website Content and Advertising
9.1
The Company presents product features, models, design, colors, or appearance on the Websites using illustrations and/or images and/or other methods to depict products as accurately as possible. Users may contact the Company with questions prior to purchase or offer submission via the “Contact Us” page. Note that technical specifications prevail over images shown on product pages.
9.2
The Websites may include links to other websites not operated by the Company. Links are provided for convenience and information only. The Company is not responsible for such links or for the linked websites, which are not under the Company’s control. The existence of a link does not imply endorsement, recommendation, or responsibility for the linked content, including its reliability, legality, accuracy, completeness, updates, privacy policy, terms of use, etc. The Company is not responsible for any outcome resulting from use of linked websites or reliance on them. Users are advised to exercise caution and review the linked websites’ terms and privacy policies, and/or contact their owners/operators regarding any claim or inquiry. The Company may remove or add links at its sole discretion and does not guarantee that links will be active.
9.3
Any use of the Websites’ content, including content provided by the Company (such as buying guides, articles, specifications, instructions, images) and/or content provided by third parties, including entering third-party websites via links or advertisements, is at the User’s sole responsibility. The User shall have no claim against the Company regarding the Websites’ content, including products and/or promotions, for any direct or indirect damage arising from such use or reliance, including privacy harm.
9.4
The Websites and their content are provided “AS IS”. The Company endeavors to provide accurate information, but disruptions, inaccuracies, and errors may occur, including in product/service information, prices, promotions, features, companies, etc., whether due to the Company, its representatives, or third parties. The User releases the Company from any liability for such information and/or errors, including direct or indirect damages caused by reliance on it (including product descriptions, prices, etc.). The Company clarifies that content on the Websites does not constitute a recommendation or opinion regarding products, and Users are responsible for conducting market research or any other checks prior to purchase.
9.5
Any product information originating from third parties (such as importer/manufacturer/service provider), including specifications, instructions, and data, is provided by them and the Company bears no responsibility for it.
Indemnification
10
The User undertakes to indemnify the Company and/or its representatives for any damage, loss, lost profits, payment, or expense incurred directly or indirectly, including damage to goodwill, economic and/or commercial damage, attorneys’ fees, and court costs, arising directly or indirectly from breach of these Terms of Use and/or any act or omission of the User and/or any liability imposed on the Company which, under these Terms, the Company is not responsible for, or any claim raised by a third party due to improper and/or unlawful use by the User of the Websites and/or their content, including breach of any of these Terms. The Company reserves the right to manage its defense in any proceedings and the User undertakes to cooperate with the Company in such proceedings.
Limitation of Liability
11.1
The Websites, including any content and/or services, are provided by the Company “AS IS” and “AS AVAILABLE”. The User declares and undertakes that they are solely and fully responsible for any use of the Websites, including any content and/or services, and for their suitability to the User’s purposes, and acknowledges that the Company is not responsible, directly or indirectly, for such use.
11.2
The Company makes substantial efforts to provide a high-quality and secure user experience. However, malfunctions may occur and access may be unavailable from time to time.
11.3
The Company and/or its representatives shall not be liable for any direct or indirect damage or loss, including incidental, consequential, special, or punitive damages (including, without limitation, loss of work/business, loss of profits, interruptions, loss of business information, harm to reputation, or any other financial loss, foreseeable or unforeseeable), arising from or related to the Websites and/or any content and/or services therein and/or any use thereof, including but not limited to:
11.3.1 disruptions, availability, or proper operation for any reason, including internet/telephony failures or technical reasons;
11.3.2 use of or inability to use the Websites for any reason;
11.3.3 messages and/or files received during or as a result of use;
11.3.4 use of or reliance on information and content published on the Websites.
11.4
If a User’s details were not recorded in the Company’s systems in whole or in part for any reason, and/or if an offer or purchase was not recorded, this shall not constitute grounds for any claim.
11.5
This section adds to and does not detract from any other limitation of liability in these Terms, including within the Privacy Policy.
Miscellaneous
13.1
The User agrees that the limitation period for any claim/demand related to the Websites and/or use of the Websites and/or products/services/content against the Company and/or third parties shall be 6 months from the date the User first became aware of the cause of action, and the parties view this as an agreement on a limitation period under Section 19 of the Israeli Limitation Law, 1958.
13.2
If any provision is found illegal, void, or unenforceable, it shall be removed and such removal shall not affect the validity of the remaining provisions. In such case, a similar lawful and enforceable provision shall apply in its place.
13.3
These Terms constitute the entire agreement between the User and the Company regarding use of the Websites and supersede any prior understanding or agreement, oral or written.
13.4
No waiver, forbearance, or extension granted by the Company shall be deemed a waiver of its rights under these Terms or law, shall not constitute precedent, and shall not affect the Company’s right to enforce its rights at any time. The User shall be prevented from raising claims of waiver or delay against the Company.
13.5
Israeli law shall apply exclusively to any claim/demand regarding the Websites and/or use thereof and/or products/services offered and/or any matter directly or indirectly related to the Websites. Jurisdiction shall be exclusively in the competent court in Be’er Sheva, Israel. If the User is a foreign citizen or is located abroad, it is the User’s responsibility to verify compliance with foreign laws. The Company cannot adapt the Websites/services/products/Terms to the law of every country, and the User bears responsibility for any violation of foreign law in connection with use of the Websites.