1. Your acceptance
2. Website Access
3. Intellectual Property Rights
The content on the Website, including without limitation, the text, graphics, and photos created by and for Funkkit.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Funkkit.com, subject to copyright and other intellectual property rights under Israel and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and the Content and Marks may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Funkkit.com or as expressly provided herein. Funkkit.com reserves all rights not expressly granted in and to the Website and the Content contained therein.
4. Modifcations to the Website
Funkkit.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Funkkit.com shall not be liable to you or to any third party for any modifcation, suspension or discontinuance of the Website.
5. Product Orders
All orders placed through the website are subject to Funkkit.com's acceptance. This means that Funkkit.com may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Funkkit.com shall issue you a refund. Safeguard your User ID/Password. Do not allow anyone else to use your user id/password to access the website. You agree to notify Funkkit.com immediately of any unauthorized use of your user id/password. Funkkit.com shall not be responsible for any loss that results from the unauthorized use of your user id/password, with or without your knowledge.
1. The following rules of conduct apply to your use of FunkKit.com and to any and all materials you post or submit to FunkKit.com, including text, data, graphics, photographs, ideas, video
content, music, sound, comments, chat, emails, files or other material (all of which are referred to as "User Submissions"). All User Submissions posted to FunkKit.com are the sole responsibility of the person who originally posted the User Submission.
2. You retain all of your ownership rights in your User Submissions. However, by submitting the
User Submissions to Funkkit.com, you hereby grant Funkkit.com a worldwide, perpetual, non-exclusive, royalty-free, sub licensable, assignable and transferable right and license to use in any manner or media now or later developed including, without limitation, the right to, change, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the website and FunkKit.com's business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof).
3. You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to use and to enable FunkKit.com to use your User Submissions for the purposes of the provision of the
services by FunkKit.com.
4. By submitting User Submissions, you are also agreeing and you understand that the term "User Submissions" also includes and refers to, without limitation, all of the information you submit or may receive from Funkkit.com that is related to your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable content. Proof that you submitted any particular User Content does not constitute proof that Funkkit.com received anything.
Content of your User Submissions.
1. You agree that you will not post or upload any User Submissions which contains content which it is unlawful for you to possess, post or upload in the State of Israel or in the country in which you are resident, or which it would be unlawful for Funkkit.com to use or possess in connection with the provision of the Services.
2. Funkkit.com reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
3. Funkkit.com enables you to view other users User Submissions, Funkkit.com does not control the content made available through the web site and some people may find such information objectionable, inappropriate or offensive. Funkkit.com does not control nor is responsible for, the ownership, quality, appropriateness, legality or applicability of any User Submissions and any other content provided by its users. Funkkit.com assumes no responsibility for monitoring any content or conduct during use of the web site. If funkkit.com chooses, at any time in its sole discretion, to monitor (in whole or in part) any such content or conduct during the use of the web site,Funkkit.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any content and no responsibility for conduct during use of the web site.
4. It is Funkkit.com's policy to respond to notices of any actual or alleged infringement that are reported to Funkkit.com and that comply with applicable law. Funkkit.com may, at its sole discretion, terminate the accounts of users of repeat infringers or of users repeatedly charged with infringement, in appropriate circumstances. If you believe that a work has been copied in a way that constitutes copyright infringement, you should send a notice of infringement to Funkkit.com's designated copyright agent at firstname.lastname@example.org with the term "IP infringement claim" in the subject of the email.
5. You acknowledge that any violation of the representations and warranties in sections ____ is a material breach of this Agreement and that Funkkit.com may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension of your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
6. Funkkit.com makes no guarantees: regarding the availability, operation, suitability, maintenance, timing or delivery of the Funkkit.com's web site and/or products.
Warranty Disclaimers. Your use of the Funkkit.com web site and/or products are at your sole discretion and risk. The Funkkit.com web site, content and products and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
FUNKKIT.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE FUNKKIT.COM WEB SITE AND/OR PRODUCTS INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
Funkkit.com disclaim any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Funkkit.com Products or the Funkkit.com web site; (ii) regarding the goods, services, advise, information or links provided by any third party using the Funkkit.com web site; (iii) that the Funkkit.com products will meet your requirements; or (iv) that the Funkkit.com web site and/or products will be free from any defect or error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from Funkkit.com or from your use of the web site, shall create any warranty not expressly stated in this Agreement.
Under no circumstances shall Funkkit.com be responsible for any loss or damage, including personal injury or death, resulting from use of the web site and/or the products or from the conduct of any users of the Funkkit.com web site and/or products whether online or offline.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
FUNKKIT.COM WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE FUNKKIT.COM PRODUCTS, YOUR Use Of The Web Site OR USE OF ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE FUNKKIT.COM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FUNKKIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUNKKIT.COM'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FUNKKIT.COM FOR THE FUNKKIT.COM PRODUCTS OR USE OF THE WEB SITE.
Regulations and Terms of Usage of the "FunkKit" Ltd. Site
1.1 The FunkKit site (hereinafter: the "Site") is an internet site in the internet network in Israel and abroad that conducts a virtual store for the surfing public.
The Site is owned by FunkKit Ltd. ("FunkKit").
What is stated in theses Terms of Usage relates to both sexes, to the plural, as well as to companies and other legal entities in an equal manner even though it is drafted in the singular male form for the sake of convenience.
1.2 Please read these Regulations carefully before surfing the Site and/or purchasing a product through the Site continuing to surf and viewing the information published on the Site and/or purchasing of any product on the site constitutes the consent of the surfer and/or the purchaser to all the provisions of these Regulations. The surfer and/or the purchaser is not required to agree to what is stated in these Regulations, but if he does not agree to what is stated in the Regulations, he is required to exit the Site and not to make any use of it.
1.3 The use of the Site and the contents thereon are to be used "as is", without any obligation or responsibility of any kind. The use of the contents that are displayed on the Site, and the Site services, shall be done at the sole and complete responsibility of the surfer and/or the purchaser. FunkKit does not covenant that at any given time the contents of the Site will be updated. One should not under any circumstances interpret something that is stated on the Site as a recommendation of FunkKit.
2. Threshold Terms to carry out a Transaction on the Site
Any person aged 18 (eighteen) and above may carry out a transaction on the Site (as well as a company lawfully incorporated pursuant to the laws of the State of Israel and which is recorded in the appropriate registry conducted according to law) that lawfully maintains a valid credit card of one of the credit card companies listed below and which may, pursuant to the law and/or an agreement with the issuer of a credit card to carry out transactions with said credit card, and has an electronic mail box on an internet network. The credit card companies are: Isracard Ltd., Diners Club Israel Ltd., Visa Alpha, Visa C.A.L., American Express Ltd.
3. Details of the User and Privacy
3.1 At the time of the performance of a transaction on the site, the purchaser will be requested to enter the following details on the registration interface: first name, surname, (name and company number – as the case may be), ID No., telephone, address, postal code, e-mail and the details of the means of payment. The purchaser may be requested to enter additional information, as appears on the Site.
3.2 When the purchaser makes a transaction, the purchaser represents that the credit card through which the transaction is being carried out belongs to him, or to a company in whose name he is carrying out the transaction, that the credit card is valid, and that he is authorized by law and/or agreement with the issuer of the credit card to perform the transaction in the amount of the relevant transaction amount through the credit card. Likewise, the conduct of the foregoing transaction constitutes a representation that the details that the purchaser entered into the registration interface are complete, correct, exact, and up to date. The performance of the transaction by a company constitutes, in addition, a representation that the party performing the transaction is authorized by law and pursuant to the incorporation documents of the company to contract in a transaction with FunkKit.
3.3 All the details that are to be entered by the purchaser in the aforesaid registration interface, including the credit card details, shall be collected and preserved with the company and/or someone on its behalf and the use thereof shall be made pursuant to the confidentiality policy of the Site. The purchaser does not have to provide the details, but if he does not provide the details he will not be able to carry out the transaction on the Site.
3.4 Where some entity (including a chance surfer) makes any use of the Site, by surfing therein he agrees to the confidentiality policy of the Site.
4. Payment and Supply
4.1 The charge is not immediate but only if the product is available in inventory, in accordance with the supply of the product to the customer. If the product is not in inventory, the purchaser will not be charged for it. FunkKit does not covenant the availability in inventory of all the products.
4.2 The prices on the Site include VAT in accordance with Israeli law. To the extent that a particular product was ordered by the purchaser for delivery abroad, taxes and/or imposts and/or other payments may apply in the country to which it is supplied and all these will apply solely to him and shall be added to the price of the product, and all that, pursuant to the provisions of the law in the country to which the product that was ordered by the purchaser is supplied.
4.3 Times and terms of supply:
a. The product will be supplied within 5-14 business days, and that, in accordance with the Israeli mail times.
b. Foreign mail (by airmail). The product will be supplied within 5-14 business days (not including Fridays, Saturdays, holiday eves, Israeli holidays and holy days and general bank holidays in the economy). The delivery times abroad may take longer, and that, for reasons connected with the mail service in the country of destination, as well as for holidays, vacations and other events in the country of destination.
5. Responsibility for Products Sold on the Site
The responsibility for products advertised for purchase on the Site rests with the manufacturers and/or importers and/or authorized marketers of the products, and in accordance with the warranty and service certificate conditions attached to each product and/or service, to the extent that such warranty certificates exist for the products. In such cases where complaints are received, will act with the suppliers and/or the customer in order to solve these complaints.
A request to exchange a product shall be given to the sole discretion of FunkKit. The return of a product and the cancellation of a transaction shall be made in accordance with the Regulation sections on the manner of canceling a transaction.
6. Cancellation of a Transaction
6.1 The purchaser may cancel a transaction within 14 days from the date of receipt of the product that is the subject of the transaction or from the date of receipt from FunkKit of the transaction details document, and that, according to the latter of the two (Section 14 C © 1 of the Consumer Protection Law).
6.2 A cancellation due to a defect or incompatibility in the product (Section 14 E (a) of the Consumer Protection Law) – shall be done by written notice to the e-mail address contact@Funkkit.com.
In such a case, FunkKit will refund to the purchaser, within 14 days from the date of receipt of the cancellation notice, that same part of the transaction price that was paid by the purchaser, will cancel the purchaser's charge for the transaction, and will not collect any amount whatsoever from the purchaser other than a cancellation charge that will not exceed of the price of the product.
6.4 The purchaser must return the product to the following address; 9 Marmorek Street, Tel Aviv 64254, when it is in the new condition, in its original package, together with any property that he received as a result of making the transaction.
6.5 Nothing stated above shall derogate from the right of FunkKit to claim its damages due to the value of the product having decreased as a result of a substantial worsening of its condition, including by means of setoff.
7. Additional Terms
7.1 The price of the products on the Site, the supply terms, the shipping charges, the number of payments and any other data on the Site are at the sole discretion of FunkKit – FunkKit may change them from time to time without prior notice and in its sole discretion.
7.2 FunkKit shall not directly or indirectly bear any responsibility for the products and/or their nature and/or the manner of their supply. In those cases where a complaint is received, FunkKit will work with the suppliers in order to solve these complaints.
7.3 The Site operates on the internet network (and on other communications networks according to technological developments from time to time), and by its nature is dependent upon various norms such as the suppliers of infrastructure, the suppliers of communications, the perfection of servers, archiving and the like, which may break down, not operate, to cease operating, and may become damaged as a result of various factors. FunkKit does not make any representation or undertaking regarding the perfection of the Site's operation and/or its operation without disturbance and/or defects and/or shall be immune from illegal access to FunkKit's computers, damages, malfunctions, errors, failures in materials, software or communications lines at FunkKit or at one of its suppliers or shall be harmed for any other reason, and FunkKit shall not be liable for any damage, direct or indirect, anguish and the like that is caused to the purchaser or to his property as a result thereof.
7.4 The purchaser and/or the surfer on the Site hereby releases FunkKit from any liability, directly or indirectly, for any event in which the performance of a transaction and/or surfing on the Site was not carried out, in part and/or in full, for any reason whatsoever and for responsibility for any technical and/or other problem that disrupts the ability to use the Site.
7.5 Communications networks and internet sites are exposed to attacks and attempts at penetration from various sources. FunkKit takes a number of means of security in order to preserve the privacy of the information that is entered by the purchaser on the Site but the purchaser and/or the surfer on the Site should know that this cannot be completely secured and penetrations of security and the invasion of information may occur. FunkKit does not covenant that the services and the information on the Site and in the FunkKit services (or in the services of a third party that stores it) shall be absolutely immune from unauthorized access to the information stored thereon. By surfing the Site, by entering details and by performing a transaction, the surfer and/or the purchaser releases FunkKit from liability for any damage that may be caused to him and/or someone acting on his behalf as a result of attacks, attempts at penetration, and invasions of such information, and waives any claim against FunkKit and/or anyone acting on its behalf in this context.
7.6 FunkKit does not covenant that the Site will not be shut down and/or that the activities on it will not be terminated temporarily or permanently, and reserves the right to close the Site and/or its activities at any time in its absolute discretion.
7.7 Without derogating from what is stated above, in the event that sources and/or events that are not within the control of FunkKit , including computing and communications faults and events of force majeure delay and/or prevent the complete or partial fulfillment of the transaction, and in any manner, and/or the supply of the product that is the subject of the transaction at the times that were set, and/or if changes take place in the tax and/or levy and/or fee and/or other payment rates that apply to the products between the time of advertising the product for purchase and the planned time of supply pursuant to the product purchase terms, FunkKit may serve notice of cancellation of the purchase, in whole or in part, and in such cases the credit card of the purchaser will not be charged for the transaction and if it was charged – his money will be refunded, subject to the provisions of the law, and this will be the sole relief of the purchaser in connection with such incidents.
7.8 In the event that a printing error, a writing error, an error in the description the product and/or its price, in the terms of payment, in the picture of the product or in any other information occurs, including in the receipt of the purchaser's details, FunkKit may, but is not required to, cancel the transaction.
8. Termination of Use and Indemnification
8.1 FunkKit may, in its discretion, cease the activities of any user of the site services, if he does not conform to any of the terms of these Regulations, or violates the provisions of any law, including by blocking an IP number.
8.2 If the user breaches a term of these Regulations and/or a provision of the law, FunkKit in its discretion, may disclose his name and the details it knows about him even if no judicial order directing that is issued, and the surfer and/or the purchaser hereby waives any contention against FunkKit, its shareholders, directors and employees in connection with the disclosure of such details.
8.3 If a user breaches a term of these Regulations and/or any provision of a law, the user will indemnify FunkKit, its employees, directors and officers, and those acting on its behalf for any damage, loss, lost profits, payment or expense caused to them, including attorneys' fees and court costs as a result of the breach of the terms of these Regulations by him and/or as a result of any breach of any law and/or right of any third party by him.
Any dispute, contention and claim in connection with the performance of the transactions on the Site, surfing on the Site, the contents of the Site and anything that results from and/or is connected with the Site shall be adjudicated solely in the Israeli courts and solely in accordance with Israeli law, without giving effect to the choice of law rules or its forum, and the jurisdiction of any foreign court (including any other foreign administrative court or tribunal), as well as the application of any foreign law, is hereby expressly rejected.
If and to the extent that a court having jurisdiction (including an administrative court or other judicial tribunal) (the "Legal Forum") should decide that any of the provisions of these Regulations is illegal and/or unenforceable, then the matter will not invalidate the rest of the provisions of these Regulations and/or the parts of that provision that are invalidated and/or narrowed by the Legal Forum.