As Promised

Terms of Use

 

General

1. As Promised Ltd., Company No. 515883726 ("As Promised"), a company incorporated in Israel, operates a website at the URL as-promised.com, which is the website of a print magazine of the same name, serving as a content website in the field of design and culture as well as an e-commerce website for the sale of various products ("the Site" or "the Store").
2. The Terms of Use should be read carefully in their entirety. The provisions of these Terms of Use will apply to purchases from the Store and will serve as a legal basis for any litigation between a buyer from the Store or user of the Site ("the User") and As Promised. You confirm that you have read the Terms of Use and agree to all the terms and conditions stipulated therein. You are not obligated to agree to the Terms of Use; however, if you do not agree to them, you will not be able to use the service.
3. The contents of these Terms of Use apply to both genders equally, and the masculine form is used for reasons of convenience only. Wherever the plural form is used, it refers also to the singular, and vice versa. In the event of any conflict between the Terms of Use and any other oral or written publication or declaration, the provisions of the Terms of Use shall prevail.
4. Wherever the term "the Site" is written, it refers to the Site, the Store and any other interface enabling use of the Site, including all its applications and features, the contents of the Site and any other attribute thereof.

The Products Offered for Sale

5. As Promised offers for sale on the Site a selection of products ("the products") that are supplied by various designers.
6. The purchase is made directly from As Promised, which, following the completion of the purchase and delivery of the products, sends the customer a purchase invoice.
7. The pictures shown on the Site are for illustration purposes only, and the appearance and specification of the products on the Site may differ from the actual products. However, As Promised does its best to present the products accurately.
8. The sale of any product depends on its availability from the designer, therefore the display of a product on the Site is not a guarantee that it is in stock, and As Promised does not commit to keep any stock of the products shown on the Site. If a product that has been ordered is not available from the designer, the purchase will be cancelled and a notice to that effect will be sent to the User.
9. As Promised may, at any time, change the products that are offered on the Site, and it may lengthen or shorten the duration of sale of the products and operation of the Site.
10. If after a product has been purchased, in any way, it turns out that it has sold out or is unavailable, As Promised may, by prior notice, offer you a replacement product if you are so interested, or it may cancel the purchase and refund your money.

Prices, Benefits and Special Offers

11. The products on the Site will be sold at the prices shown on the Site from time to time. As Promised may make available special offers, benefits and coupons for use on the Site. All the prices appearing on the Site include VAT in accordance with Israeli law. A User outside the borders of Israel will not be allowed any VAT deduction or exemption.
12. The prices on the Site are stated in US dollars, and the User will be charged in this currency according to the representative exchange rate at the time of the charge. It is clarified that the bank in which the User maintains his account or the User's credit card company may charge a foreign currency transaction fee. Moreover, shipping of the products may entail an additional payment of local taxes by the User in accordance with the law applicable in his place of residence, and this amount is not included in the amount of the User's transaction with As Promised. The User is responsible for checking whether he is subject to additional taxes, including customs duties and import taxes, and for paying them himself. As Promised will not be liable for any additional payment required of the User under the laws of his place of residence.
13. The prices quoted on the Store do not necessarily reflect the lowest price in the market for the same or a similar product. The User will be solely responsible for determining the worthiness of the transaction for him before making the purchase.
14. The charge will be made on the credit card whose full details were provided by the User. If the User did not provide full or accurate details, As Promised will be entitled to cancel the transaction at any time.
15. As Promised may make available special offers, deals, discounts and coupons, and information about them will appear on the Site. As Promised does not commit to make available special offers, discounts and coupons, and it may discontinue a benefit that was given, at any time, at its sole discretion.

Purchase Procedure

16. When making a purchase, you will be required to sign up to the Site and to complete a form including details such as your full name, mailing address and email address, credit card details and expiry date and phone number (optional).
17. It is clarified that you are not obligated by law to provide these details, and providing them is purely voluntary. However, the completion of all the details in the fields marked as mandatory is a condition for making any purchase, and As Promised may refuse to provide the service in the absence of these details.
18. As Promised reserves the right to act in any way against a customer who gave false details when signing up.
19. The amount for payment will be charged to the credit card whose details you entered on the Site when signing up.
20. In case the credit card company refuses to honor all your obligations, your purchase will be cancelled, the product will not be supplied to you, and As Promised will be entitled to charge you a cancellation fee subject to the Consumer Protection Law, as specified below, and to deduct the shipping charge in the event that the product was already sent to you.
21. A payment that is not made in full and on time, including payments cancelled unlawfully, will bear interest and linkage, and the customer will be required to pay for collection costs.

Product Delivery

22. The products will be delivered through a forwarding company at the cost specified on the Site for every shipment, according to the product type, quantity, size and weight. Shipping is possible to Israel, North America and Europe only. As Promised may offer free shipping for certain purchases, as posted on the Site at the time of the purchase. You are aware that the bank at which you maintain your account or your credit card company may charge additional fees on a payment in foreign currency.
23. It is clarified that if the purchase includes products of different designers, they will be sent to the User in a single shipment at a cost as specified above.
24. As Promised will inform the customer, after he has made the purchase, when he can expect to receive the shipment, according to the type of products he ordered, his location and the type of freight. As Promised makes best efforts to avoid delays in delivery, but it will not be liable for delays due to circumstances beyond its control, including late delivery by the forwarding company, delays by reason of the law or any directive or instruction of a competent authority, or restrictions stemming from the COVID-19 pandemic.
25. As Promised will endeavor to deliver to areas to which access is restricted for security reasons, but delivery may be delayed by up to 14 days from the delivery time specified in the Terms of Use. A delay due to such a security restriction will not be deemed a delay in the delivery of the product. Where deliveries cannot be made to security-restricted areas, As Promised will endeavor to deliver the product to the nearest location, after prior coordination with the User.

Product Returns and Exchanges

26. A product that was purchased through the Site may be returned with a refund subject to the conditions set out below. In any event, the right to return a product will be in accordance with section 14E of the Consumer Protection Law 1981 and subject to the Consumer Protection Regulations (Cancellation of a Transaction) 2010. In case of a conflict, the provisions of the law shall prevail.
27. A User may cancel a transaction and receive a refund from the day of the transaction until 14 days after the later of the day of receipt of the product and the day of receipt of the transaction details document as required by law.
28. A User may cancel a transaction by sending an email message to the address ________________ or by submitting the Contact Form on the Site. In the notice of cancellation the User must specify his name and the order number.
29. A transaction may be cancelled after the product has been delivered if the product is returned intact, with all its parts, in the original packaging including any protective covering, together with the original invoice. You must make sure to package the product carefully so that it is not damaged and we are able to take it back. We will not take back a product if it is damaged or impaired or has been used or if the label or protective covering has been removed.
30. The product must be returned to As Promised through a forwarding company and not by mail. The right of return will remain in effect as long as 14 days have not elapsed from the date of delivery of the product.
31. A cancellation fee will be charged for the cancellation of an order, at the lower of 5% of the price of the product and NIS 100 (in dollars, according to the representative exchange rate at the time of the cancellation). The shipping charge will not be refunded. The refund will be made only after As Promised has received the product and confirmed its return.
32. Any refund will be made solely to the credit card that was used to pay for the purchase, less the shipping charge (if any) and a lawful cancellation fee, and within the time determined by the credit card company.
33. Notwithstanding the foregoing, and in accordance with the law, a disabled person, senior citizen or new immigrant may cancel a transaction within four months from the later of the date of conclusion of the transaction, the date of delivery of the product and the date of receipt of the transaction details document, provided the transaction was concluded following a conversation between As Promised and the customer (including a conversation by means of electronic communications). As Promised may ask the User to present a certificate, as specified in the law, proving that he is a disabled person, senior citizen or new immigrant, as the case may be.
34. The right of a customer to cancel a transaction does not derogate from the right of As Promised to sue for damages where the value of a returned product has been reduced due to a significant deterioration in its condition while it was in the customer's possession, including where the returned product was used, or it was damaged, impaired, ruined or harmed, or its packaging was opened or damaged.
35. The right to cancel a transaction will not apply to products as specified in the law, including in the following cases: (a) products that were ordered and assembled specifically for the customer (including custom made to size jewelry); (b) products that can be recorded, reproduced or duplicated, where the User opened their original packaging; (c) bathing suits and undergarments; (d) gift cards.
36. Return due to discrepancy: The User must check the product upon receipt and notify the Company immediately if the product that was received is defective or appears materially different from the image displayed on the Site or was supplied by mistake and is not the product that was ordered. In each of these cases, the User may cancel the transaction without any cancellation fee and return the product to As Promised. In such a case, As Promised will cancel the transaction without any cancellation fee and refund to the customer the amount he paid for the product in question. Alternatively, the User may ask to exchange the product, in which case he will be required to return the product to As Promised, and As Promised will send him a replacement product at its expense, provided the product is in stock.
37. Products can be exchanged, including exchanging clothing for a different size. In such a case, the User will send the product back to As Promised and will receive the new product in exchange, subject to payment of a shipping charge. The replacement product will be sent after the original product has been received, in an unused and undamaged condition, as set out above.

Conditions for Receiving the Service and Limitation on Participation

38. Products may be purchased from the Site by adult Users (over the age of 18 in Israel, or according to the law of the User's place of residence) holding a valid ID card and a valid credit card of one of the credit card companies. Notwithstanding the foregoing, As Promised may prevent a User from purchasing products on the Site in each of the following cases:
    • The User used the services of the Site to commit or to enable, facilitate, aid or encourage the commission of an illegal act.
    • The User intentionally provided incorrect details.
    • The User committed an act or omission causing or liable to cause harm to As Promised or any third party.
    • The User violated these Terms of Use.
    • The User did not pay for the products he ordered, for any reason, or the User's credit card has been blocked or restricted in a manner preventing the collection of the purchase fee.
    • The User used the Site in a manner inconsistent with reasonable and generally accepted conduct in good faith.
    • In case of any error including a clerical error or a communications breakdown or any other technical malfunction that prevented the service from being provided, or in case of prevention or delay due to force majeure.
39. You agree and understand that the service will also be provided through third party software that is subject to third party licenses.
40. Sales on the Site are to individuals only, in a reasonable quantity per User. The products sold are not intended for resale or wholesale by the User. As Promised may decline a transaction whose manner of execution (including frequency and quantity of items) gives rise to the suspicion that it is being done for purposes of sale to another.
41. You undertake to use the service, including all its features and functions, in accordance with the applicable law, the rules and regulations governing the service, and these Terms of Use.
42. It is clarified that if the service is discontinued pursuant to the preceding paragraphs, you will not be entitled to any compensation or indemnification for the actions that were taken by us.

Intellectual Property

43. You are aware that all the intellectual property rights (of any kind), including trademarks, trade secrets and copyrights, whether registered or unregistered, in the Site and/or in the Store and in any part thereof, including in the products and services offered on the Site, in its design, and in any software, application, computer code, graphics file, text, music and other material contained therein, whether in the external interface, in source code or in object code – are the exclusive property of As Promised and/or of third parties that have granted As Promised the right to use them within the framework of the Site, and they are protected by Israeli law, international conventions and copyright laws of other countries. You may not use them other than for the purposes permitted under these Terms of Use.
44. You may not modify, copy, publish, distribute, transmit, display, perform, duplicate, issue a license for, create derivative works from, do reverse engineering on, or sell, in whole or in part, temporarily or permanently, in any way, any part of the information and content contained on the Site.
45. Furthermore, the Site may not be used in a manner that constitutes or may constitute an infringement or violation of the intellectual property rights of As Promised or of third parties.
46. You undertake not to engage in any use that circumvents the Site's protections by technological means and/or in any other way.
47. You may not make commercial use of the Site, its content or the products offered for sale on it, for profit of any kind, and you may not permit others to do so, whether for free or for a consideration.
48. You undertake not to put a link on the Site and/or use the Site and/or the information, content, products and services contained thereon for purposes of uploading, downloading, distribution, publication or transmission of: (a) information or other material in a manner that infringes on any rights, including intellectual property rights, rights to protection of privacy and/or any other proprietary right; (b) information or other material that is prohibited for publication or use as being a criminal offense of any kind, including incitement, insulting, publication of racist content, encouragement of violence or terrorism and so forth, defamation or publication of inappropriate content; (c) information or other material that contains a virus or other software that could harm the Site's systems in a manner liable to restrict or prevent use of the service by others.
49. You undertake not to make modifications and/or interfere in any way with the source code of the Site and/or with the information and/or content and/or services and/or products contained thereon and not to upload any software and/or applications that could harm or cause damage to As Promised and/or third parties.
50. You declare that you are aware of the limitations of the internet with respect to information security on the web, and you release As Promised from any liability in this regard, all in accordance with the Store's Privacy Policy.

Limitation of Liability and Warranties

51. The service is provided by As Promised as is, without any warranties on its part. The service is provided over the internet, and you are aware that As Promised does not guarantee that the service will be provided without interruptions or malfunctions. You waive any complaint and/or demand and/or claim against As Promised and/or anyone acting on its behalf for any damage you may incur due to use of the service, including special, direct, indirect or consequential damages. Said waiver does not constitute a waiver of rights which may not be waived by their nature or by law under the applicable law of the country in which the service is requested.
52. As Promised and/or anyone acting on its behalf and/or its shareholders and/or managers and/or employees shall not be liable or responsible in any way for each of the following:
    1. Any indirect, consequential or incidental expense, loss or damage (including financial loss, loss of profit, loss of business opportunity, loss of goodwill, loss of value, etc.) incurred by you or by any third party in connection with the use of the Site and/or an act or omission of As Promised and/or anyone acting on its behalf.
    2. Any malfunction and/or delay and/or disruption in the service and/or on the Site and/or in anything connected with any of the above (including, without limiting the generality of the foregoing, in telecommunication lines and/or internet systems and/or cellular networks), and any expense, loss or damage incurred for any reason not dependent on As Promised, including, without limitation, due to an order and/or regulation and/or directive of a government authority, significant paralysis of the communications systems, restrictions due to COVID-19, earthquake, storm, lack of materials and/or public services and/or transport services, fire, flood, blast, explosion, accident, pandemic, strike, lockout, riots, public disturbance, war, terrorist and/or hostile act and lockdown, which shall not be considered a breach of the Terms of Use and shall not entitle you to any remedy and/or right. For the avoidance of doubt and without limiting the generality of the foregoing, it is clarified that you shall not have any complaint or right in connection with actions taken by us following such malfunction and/or disruption.
    3. Any expense, loss or damage incurred in connection with acts or omissions by you and/or by third parties, including, without limitation, communications providers (including in connection with a temporary or permanent malfunction and/or disruption in the communications lines).
    4. Any expense, loss or damage incurred in connection with unauthorized access, cyber attacks, hacking and data breaches (or an attempt to commit any of the above) through communications lines or another communications network.
    5. Any expense, loss or damage incurred by you as a result of any update and/or cancellation and/or removal of content from the Site.
53. Without limiting the generality of the foregoing:
    1. In the course of using the Site, we may provide links and references to various websites and web pages operated by third parties ("linked sites"), on which you will be able to purchase or receive various products and services. You may be asked on these sites and pages to register, provide various details, etc. You confirm that you are aware that As Promised and/or anyone acting on its behalf has no control over or liability for what is done on those sites.
    2. Furthermore, you are aware that the provision of details and registration on those sites is not subject to the Terms of Use or the Privacy Policy of As Promised. Browsing as well as any other action performed by you in connection with those sites and pages is solely your responsibility and that of the owners of the linked sites, and you shall not have and you hereby waive in advance any complaint and/or demand in respect of direct and/or indirect loss, detriment or damage against As Promised and/or anyone acting on its behalf arising from reliance on and/or use of the content and/or information provided on those sites.
    3. Uninterrupted use of the Site depends, among other things, on the availability, operability and survivability of the internet and/or the cellular communications network, which, as is known, is not complete and continuous some of the time and/or in some areas.
    4. As Promised and/or anyone acting on its behalf, including its managers and employees, shall not be liable for any loss, expense, detriment or damage, including any special, consequential or indirect damage, incurred in connection with the activity or inactivity of the Site, including (without limitation) in connection with an error, bug, virus or technical or other failure on the Site.
    5. Communications networks, computers, servers and websites are exposed to cyber attacks and hacking attempts by various elements. We take security measures to protect the privacy of the data that is entered during use of the Site, but you should be aware that this cannot be absolutely guaranteed and there may be occurrences of security breaches and hacking of the services and data stored on the Site. By browsing, signing up and making any purchase you release As Promised and/or anyone acting on its behalf from liability for any damage incurred by you and/or by anyone acting on your behalf due to such cyber attacks, hacking attempts and data breaches and waive any complaint in this regard against As Promised and/or anyone acting on its behalf.
    6. The Site may contain inaccuracies or clerical and other errors, and you declare that you understand that it is impossible to prevent mistakes, defects and errors in content and/or in the manner in which it is transmitted.
    7. You shall not have any claim about the content that appears on the Site, its quality, scope, suitability for your needs or any other complaint relating to the nature and character of the content.

Miscellaneous

54. This agreement shall be governed by the applicable Israeli law, and the courts in Israel shall have sole jurisdiction over any claim arising from these Terms of Use. The court of jurisdiction for any claim arising from these Terms of Use shall be the competent court in Tel Aviv-Jaffa.
55. If any provision of these Terms of Use is held to be inadmissible, void, unenforceable or illegal, this shall not affect the validity, legality and enforceability of the other provisions of the Terms of Use, which shall remain in full force and effect.
56. As Promised may from time to time make revisions to these Terms of Use, and they shall apply as soon as they come into effect to all future purchases. The revisions shall appear on the Site.
57. As Promised may assign its rights and obligations towards you under these Terms of Use to a third party, at any time.