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Blankkini swimwear – בלנקיני בגד ים
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Terms

Terms

General

The internet website at the URL www.blankkini.com (hereinafter: the “Website”) is an online website which acts as a virtual store for purchasing swimwear and beachwear by surfers on the internet. The website owner and operator is Blankkini Ltd., company registration number 51-5373539, whose registered office is on 4 Abba Kovner St. in Tel Aviv (hereinafter: “Blankkini”).

Website operation is defined as all activity that is performed on the Website, including surfing and purchasing swimwear and beachwear offered on the Website (hereinafter: the “Activity”).

A user is defined as any person and/or company that performs Activity on the Website (hereinafter: the “User”).

The stipulations of these terms shall apply to any Activity performed by the User on the Website.

These terms constitute a binding contract between the User and Blankkini, for all intents and purposes. It is clarified that performing an Activity on the Website constitutes the User's consent to accept and act in accordance with the stipulations of the Terms. A User who does not agree to any of the Terms herein may not use the Website. It should be emphasized that each User declares that he is aware of the stipulations of the Terms of the Website and accepts them, and that he and/or anyone on his behalf should have any claim and/or lawsuit against Blankkini and/or its representative, excluding claims related to breach of obligations of Blankkini and/or its representative in accordance with the Terms herein. The User may perform Activities on the Website, subject to fulfillment of the conditions specified in these guidelines below:

The Terms herein are susceptible to changes and/or updates at any time by Blankkini and/or its representative, at its sole discretion.

That which is stated in the Terms applies equally to both sexes, and the use of the masculine is solely for convenience.

Chapter titles herein, as will appear below, are presented for convenience and User orientation and shall not be used in interpreting the Terms.

The User

The User is eligible to perform binding legal Activities; in the event that the User is minor (under age 18) or is not entitled to perform legal Activities without the consent of a guardian, he is required to notify his parents and/or his legal guardians (hereinafter: the “Parents”) regarding the provisions of these Terms and to obtain their approval to execute Activities of any kind on the Website. Parents are liable for notifying the minor who wishes to perform Activities on the Website about the Terms, and to supervise the minor’s Activities on the Website, in order for him to comply with the stipulations of the Terms. Any Activities that will be performed by the minor on the Website constitute acceptance by the minor and/or the Parents of the Terms’ provisions. The User must be a holder of a valid Israeli or international credit card. The User must have an active Internet e-mail address.

Activities on the Website

It is clarified that Blankkini is entitled, based on its sole discretion, to stop the Website activity at any point, without any prior notice.

Blankkini reserves the right to deny access to the Website and/or the option to perform Activities on the Website and/or cancel the participation of the User whose behavior is not appropriate or is not in accordance with the Terms, or trying to harm the proper management of the Website.

The Services Found on the Website

The Website offers an array of Activities and services, including those detailed below:

Surfing and browsing the different designs, purchase of swimwear and beachwear, creating a “Wish List” - a list of items selected by the User; sharing and sending items from the Website to friends and acquaintances of the User via e-mail; and/or sharing via social networks; providing feedback and/or comments of swimwear and beachwear, and/or the content published on the Website and/or Facebook page and/or Instagram page of Blankkini; registration for mailings (receipt of technical information, marketing and advertising in various media channels according to the  User’s choice).

It is clarified that Blankkini does not guarantee that any content, and/or services, shall be provided, and/or provided continuously and regularly, on the Website; and Blankkini shall be entitled to modify (including expand or refine) the list of contents and/or services provided on the Website, at its sole discretion and without providing prior notification. It is clarified that Blankkini may choose to disqualify, and/or not to upload, to the Website and/or to Blankkini’s Facebook page and/or Instagram any reply and/or feedback and/or image and/or content, based on its sole and absolute discretion for any reason.

Every User hereby declares and confirms that he gives Blankkini the right to use the full and exclusive content, and confirms and undertakes that Blankkini may use his name and/or picture in any publication and/or presentation of the content on the Website and/or Facebook page and/or Instagram, free of charge. This right of Blankkini shall be held indefinitely. Similarly, the User acknowledges that he is aware that at the moment of publication of feedback and/or comments, sharing, tagging and uploading any type of content to the Website and/or Facebook page and/or Instagram, these Acitivities are exposed to the public, with all that it implies, and the User confirms that he took this into account in his decision to use the Website.

The User acknowledges that he is aware that Blankkini has a reputation in its field and he must refrain from damaging said reputation, including refraining from any Activity on the Website that may damage the Blankkini’s reputation in the public eye. In this context, the User undertakes not act in a manner that may damage the reputation of Blankkini as stated.

Website Purchasing

The Website allows, among other things, the selection and purchase of swimwear and beachwear that appear on the Website, in an easy, convenient, and fast manner. To place an order one must first select the item, color, and size desired. For each item offered on the Website there is a display of complete details, including dimensions and price. Blankkini is entitled to update the item information from time to time, widen or refine information, remove products that are out of stock, add colors and/or sizes, as well as update and/or change the price of an item from time to time. It is clarified that the pictures on the Website are for illustration purposes only, there may be discrepancies between the images, including the color appearing in the pictures, and between details of items and the actual item. These changes are due, in part, to the fact that the items are photographed and displayed on a computer screen. Prices shown on the site include VAT by law, unless explicitly stated otherwise. In order to make a purchase on the Website, the User will be asked to choose a password, and enter basic information, such as name, address, e-mail address, phone number, and credit card number. In order for the purchase to be completed quickly and smoothly, it is important to provide accurate information, otherwise Blankkini cannot ensure completion of the order. It should be emphasized, knowingly providing false information could amount to a criminal offense. Legal action, both civil and criminal, may be taken against those entering false details, including claims for damages caused to Blankkini due to the disruption of Website activity. In addition, information provided by Website User will be used, inter alia, to send e-mails about special offers or Website updates; this is solely after obtaining User permission to do so. At the time of placing an order on the Website, Blankkini shall examine the credit card information, and upon receipt of approval by credit card companies, the User will be given appropriate notification that the order has been confirmed. It is clarified that charging the customer for the item purchased by him, will be made through the credit card immediately after completion of placing the order.

Conditions for Completing a Purchase Transaction

A purchase transaction shall be performed only after completing the ordering process, and after Blankkini receives approval from the credit card company for performing the charge, in accordance to the existing work procedures between them and Blankkini. In the case that the transaction is not approved by the credit card companies – the User will receive an appropriate notification. Completing the purchase transaction is also contingent on the requested items being in stock at the time that the ordering process is completed. In the case of an item that is out of stock, and/or there is a problem supplying it for whatever reason, Blankkini may inform the User of the cancellation of the order. Notification, as stated, shall be sent to the User via e-mail and/or telephone message, at the discretion of Blankkini. In such a case, the User shall not have any claim against Blankkini, and in the act of placing the order, the User waives any such claim. Blankkini reserves the right to limit the number of items per order.

The order will be registered in Blankkini’s computers, and can be viewed and tracked through the designated Website link. Similarly, an order confirmation will be sent via e-mail within 48 hours from the User completing the purchase on the Website. It is clarified and emphasized that sending e-mail notifications regarding registering the order in Blankkini’s computer system does not constitute evidence that the Activity has been completed, and sending e-mail notifications does not make Blankkini liable. It is clarified that Blankkini’s computer system’s lists that include computerized and automatic registration of all Website Activities constitute prima facie evidence of that which is stated therein.

Product Supply

The User is entitled to choose whether the ordered items are supplied directly to his home, and/or to a different destination, and/or self-collection from the Blankkini offices, at his discretion.

Supply to the User’s Home

Blankkini shall supply to the User with the items via an independent shipping company (hereinafter: the “Shipping Company”). Supply of items by the Shipping Company shall be made within a few days of ordering on the Website (up to 14 business days). Blankkini is not responsible for any action and/or inaction of the Shipping Company, including a delay in delivery. There will be no supply of items Friday / Saturday / holiday eves and holidays. Blankkini is not obligated to deliver items to areas with limited access due to security concerns. Supply of items will be by registered mail or any other service of the Shipping Company, based on its sole discretion, and at the expense Blankkini; supplying items to a User's home via express delivery includes a postage fee as detailed on the Website (hereinafter: the “Shipping Cost”). The Shipping Cost will be added to the price of items as it appears on the site. The Shipping Cost will be collected in respect to supplies sent to one destination, whether one or more items were ordered.

Cancelation of Purchase Transaction by the User

Item exchange will occur within 5 business days from the date of receiving the item, and on the condition that hygienic stickers and/or product labels were not removed, and no use was made of the item. Exchange will take place via courier (costing 50 NIS) or by returning the item to the Blankkini’s flagship store on 4 Abba Kovner Street, Tel Aviv, at no cost. Note, that if the returned item shall not be in the possession of the User upon the arrival of the courier, the User shall not be able to perform the exchange, but he will be charged for the cost of the courier. If the item is returned in a state that does not allow its resale, the User will be charged for the purchase of an additional swimsuit.

It is clarified that in the event of canceling a transaction not due to a defect and/or incompatibility of the product, the User shall not be eligible for a refund in respect to the Shipping Cost that he paid (if shipping charge was incurred). Refund in the case of cancellation of a transaction will be made by crediting the credit card that the transaction was executed from within 14 days of receiving the request to cancel the transaction, and only in the case where the item was not yet collected by the Shipping Company.

It is emphasized that the Consumer Protection Law - 1981 (hereinafter: the “Consumer Protection Law”) does not apply to swimwear.

For any questions related to clarifications, exchanges, returns, etc., please contact the customer service department of Blankkini by email: Support@blankkini.com or by telephone 03-6391613.

Liability, Security, and Privacy

Blankkini and/or its representatives take careful precautions to maintain, as much as possible, the confidentiality of the information. The User's personal details (name, e-mail, etc.) will be stored in the database of Blankkini. The Blankkini Website is a secure site, meaning, the data that is entered into the system by the User during the operation of any Activity on the Website will remain confidential and secure. In order to protect the confidentiality of the information, Blankkini is operating through e-commerce protocol (SSL - Secure Socket Layer) that is used to encrypt data from the moment of its receipt in the system until being transferred to the Blankkini Website system. It should be emphasized; credit card information of the User performing Activities on the Website are not saved at all on the Blankkini system since Blankkini uses an external company to run the credit cards. It is clarified that since Activities are being performed in an online environment, Blankkini is unable to guarantee absolute immunity from PC penetration, or exposure of data stored by the perpetrators of illegal actions; and therefore, if a third party should manage to penetrate information that is kept by Blankkini, and/or misuse it, the User shall not have any claim or demand against Blankkini. Similarly, in cases arising from acts of a higher power, Blankkini shall not be liable for damages of any kind, directly or indirectly, that will be caused to the User or its representative, if any information he provided is lost, or arrives at a hostile entity, and/or is mishandled. Blankkini guarantees that it will not use the details of Users registered on the Website, other than for the purposes of operating the Website, and to allow the performance of purchases on the Website; and similarly, in order to maintain contact with the User. Notwithstanding the aforementioned, Blankkini may transfer personal details of the User to a third party if the User performed an action or inaction that is harmful, and/or could potentially harm Blankkini, and/or any third party, or if the User has used the services of Blankkini to perform an illegal act, or Blankkini receives a judicial order instructing it to transfer User information to third parties, and in any dispute or legal proceeding. Similarly, Blankkini may use the personal information of the User, without identifying the specific user, in order to analyze the statistical information and present it and/or to deliver it to other sources.

Cancelation of Purchase Transaction by Blankkini

Blankkini reserves the right to halt, at any point, based on its sole discretion, the Website Acitivities, and/or to cancel a purchase transaction performed by the User, including, but not limited to, all of the cases detailed below: if after completing the purchase transaction it was discovered that the item is out of stock; if the credit card information and the User’s full details were not entered in the system; in any case where an Activity was performed in violation of the Terms herein; if the User performed an illegal act, and/or transgressed a law; if the User submitted false information during, and/or after, performing a purchase; if the User performed an action or inaction that could harm Blankkini, and/or its representatives, and/or the proper functioning of the Website, and/or any other third party (in this regard, the User approves and commits to not sell items that he purchased to any third party); in any case where due to a “higher power,” Blankkini cannot perform proper management of the Website, to supply the User with the products and/or uphold its other obligations. In this section, “higher power” is defined as including: computer failures, telephone system failures, or other system failures, any injury and security incident. In such circumstances, Blankkini is entitled to cancel the transaction or offer the User an alternative item of equivalent value, at its discretion and according to the circumstances of the cancellation. If the sale is cancelled as such, Blankkini shall not be responsible nor liable for, in any event, any direct, indirect, special or consequential damages caused to the User or third party, including, but not limited to, damages for the purchase of the product by a third party at a higher price.

Costumer Service

From information and clarifications regarding the products and/or their supply, one can contact Blankkini’s customer service department by e-mail: support@blankkini.com or by telephone:

03-6391613.

Intellectual Property

All intellectual property rights in all aspects of Blankkini’s Website, including trademarks, patents, copyrights, designs, trade secrets and methods, are the sole property of Blankkini. These rights apply, inter alia, on the graphic design of the Blankkini Website, its databases (including product lists, product descriptions, etc.), the Website’s computer code, and anything else related to its operation. There shall be no commercial use of the data published on Blankkini’s Website, the Website database, lists and pictures of products appearing on it, or other information published by and/or on behalf of Blankkini without obtaining Blankkini’s prior written approval. Do not use any data published on Blankkini’s Website for presentation on a website or any other service in violation of these Terms and/or without obtaining the prior written consent of Blankkini, and subject to the terms of such agreement (if granted). It is forbidden to collect any data from the Website using software and/or disseminate such data in public in a commercial manner or a commercial framework. One may not copy, reproduce, distribute, sell, market and translate any information from the Website (including trademarks, photographs, texts, and code – it is considered without the express permission of Blankkini with prior written consent. One may not display the Website design or various graphic interfaces created by Blankkini, but subject to obtaining the prior written consent. The name Blankkini Ltd., brand name (Blankkini) Blankkini trademarks (whether registered or not), and the like - are all the sole property of Blankkini. They may not be used without prior written consent. Icons (ICONS), any information and/or display appearing on the Website, including graphics, design, verbal presentation, trademarks, logo (LOGO) and their preparation and presentation, are the exclusive property of Blankkini and/or its representative. Do not copy, reproduce, distribute, publish or otherwise use the content appearing on the Website unless Blankkini granted prior, written consent.

Law and Jurisdiction

The law applicable to the Terms, and/or any Activity, and/or dispute arising from it, is solely Israeli law. In the case of a dispute, the exclusive jurisdiction to rule on any dispute arising, directly or indirectly, from the provisions of these Terms and/or use of the Website - will be the courts (magistrates or district, respectively) located in Tel Aviv, and not to any other court or other judicial tribunal.