1.1 The ‘TOPPATSU ’ Website (hereinafter: “TOPPATSU” and/or the “Website”) is a Website for the sale of fashion items for users of the internet, under the ownership of the TOPPATSU Co. Ltd., No. 557214657.
1.2 The Website serves as a virtual store selling products designed and manufactured by TOPPATSU, as well as products of others marketed by TOPPATSU.
1.3 The sale of the products on the Website is done by way of direct sale on the Website.
1.4 The provisions of this Website disclaimer shall apply to any use made by the User of the Website and to any purchase made by the User through the Website and will constitute the legal basis for any discussion between the User and the Website representatives. Consequentially you are asked to carefully read the provisions of this disclaimer.
1.5 Use of the Website and/or purchase of products appearing on the Website will constitute the User’s consent for the general terms and conditions and the other conditions appearing in this Website disclaimer. Therefore, a Website User who does not agree to the terms and conditions of this disclaimer or the contents of this Website is asked to refrain from making any use of the Website.
1.6 It is clarified that the representatives may, at their discretion, stop the activities of the Website without any prior notice.
1.7 The representatives of the Website may prevent access and/or orders on the Website, if:
The User has committed an illegal act and/or has violated the provisions of any law;
The User has violated any of the terms of this disclaimer;
iii. The User has intentionally provided wrong information on the Website (or by telephone) during the purchase process;
The User has committed an act or omission which may harm the Website or the proper working activities of the Website and/or of anyone on its behalf and/or of any of the designers and/or of any third party.
1.8 This disclaimer may be modified and/or updated at any time by the Website representatives and/or anyone on its behalf, at their sole discretion.
1.9 In this disclaimer “User” is any Website User, including a company, whether for viewing of the contents of the Website or for the purchase of products.
1.10 The prices of the products on the website do not include shipping fees, if any.
1.11 A user who makes an order through the site declares that he is aware of these regulations and that he agrees to the provisions and terms of these regulations and that he and / or anyone acting on his behalf will have no claim against the site owners and / or operators and / or the company and / or anyone on their behalf, in all matters relating to the provisions and conditions of the Rules.
1.12 Discount coupons and special offers will not apply to items on sale, unless explicitly stated otherwise. Coupons can only be redeemed on the site. If a user is interested to return an item that was purchased at a discount using a cupon, the amount to be refunded is the one paid after the rebate.
1.13 If the user has tagged TOPPATSU on social networks in the following tagging: @toppatsu / #toppatsu, the site will see it as an invitation to share the visual content that it can use and upload it on the site or on different social networks. A user who is not interested in sharing his content in the above manner shall contact the management of the site and they shall remove the same content immediately.
1.14 The site has the option to register for the official newsletter (“Newsletter”). If the user wishes to remove himself from the mailing after registration, he will be able to remove himself at the bottom of the mailing received by him.
GENERAL TERMS AND CONDITIONS FOR USE OF THE WEBSITE
2.1 The User is an adult, above the age of 16 years old, qualified and fit to execute legal transactions in accordance with the law. Should the User be below the age of 18 years old then the use is conditional on obtaining consent of the User’s legal guardian.
2.2 The User holds a valid credit card which has been issued by one of the credit card companies.
2.3 The User is the owner of an active e.mail account and has a permanent place of residence in his /her country of domicile.
2.4 The User will not use the Website and/or the products for an illegal purpose of any kind and sort.
2.5 The User may not upload post, email, transmit or otherwise make available or initiate any content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any TOPPATSU and or any User to access the Services.
2.6 The User will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
2.7 The User may not upload digital files larger than 300MB or audio files larger than 160MB. User also may not build a Website with more than 1,000 navigation pages. (If the User Website requires more than 1,000 pages, consider using a blog or splitting the User content into multiple sites, for both readability and rendering reasons.)
2.8 The User may not send messages using the Services which do not correctly identify the sender and the User may not alter the attribution of origin in electronic mail messages or postings.
2.9 The User will not share the User password, let anyone else access the User account, or do anything that might jeopardize the security of the User account. the User will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by the Website.
2.10 The User will not attempt to or actually override any security component included in or underlying the Materials or Services.
2.11 The User will not publish content, or links to content, that is:
Pornographic, sexually explicit, or violent.
Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
Breaches another’s privacy.
The User will not publish content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
PURCHASE ON THE SITE
3.1 The Website allows Users easy, safe and quick purchases.
3.2 Payment for the products on the Website is made by credit card or through the PayPal Website which is the world’s safest on-line payment Website. Purchases are made by entering the credit card details on the safe purchase Website (under the services of the iCredit system by Rivhit company) or by PayPal under the User’s account. By purchase through PayPal, credit card details are retained only on the secured PayPal servers. For purchases by credit card TOPPATSU makes use of the iCredit system by Rivhit company, a credit card clearing house and security company for checking and security of information pursuant to Standard PCI DSS level -1.
3.3 In order to carry out a transaction on the Website, action must be taken as follows:
A product must be selected from the catalog of items.
Clicking on a product will transfer the User to the product page.
iii. In order to add items to the purchase cart you must click on “Add Item”.
In order to view all the selected products click on “Cart” or “Shopping Bag” on the right hand side of the screen.
In order to by the products in the shopping bagyou must click on “Proceed to Checkout”.
Clicking on the “Proceed to Checkout” button will transfer the User to the basket of products through the PayPal Website and/or by way of credit card payment by secure purchase via iCredit system by Rivhit company.
3.4 The completion of the purchase is conditional on the requested items being in stock at the time of the completion of the order process. In the event of the item being out of stock and/or where there is a problem to supply it, for whatever reason, the representatives of the Website may notify the User about the cancellation of the order. Such notice will be delivered to the User by way of e.mail and/or telephone message, at the discretion of the Website representatives. In such a case, the User shall have no claims against the Website and/or its representatives and the execution in itself of the order, and the User waives any such claim.
3.5 The Website reserves the right for itself to restrict the quantity of products in every order.
3.6 The Website may offer a range of special deals, offers and discounts. The Website management may, at any time, cancel these special offers, bonuses and discounts, replace them or alter them without the need to give any prior notice of such.
3.7 Final confirmation of the order will only be sent after an examination of the credit card indicated in the order and after the approval of the credit card companies, all subject to the said products being in stock. After approval of the charge for the order by the credit card companies, the transaction will be approved and the product will be sent to the address provided by the User at the time of the order. Should no approval be received from the credit card company, appropriate notice will be provided to the User.
3.8 Should it be discovered that the product is out of stock, the Website may cancel the order or offer an alternative product of equal value. Where the order has been canceled as stated the Website will not be liable for any direct, indirect, consequential damage or any other damage incurred by the User or a third party, including but not exclusively, damage for the purchase of the product with a third party at a higher price.
3.9 Delivery fees will be paid together with the payment for the product.
3.10 Cancellation of the order will be done in accordance with the provisions if this disclaimer as detailed below.
3.11 A typing or clerical error in the description of the product or in any other item relating to the product will not be binding on the Website. Pictures of the products are intended for illustration only and there may be differences between the pictures presented on the Website, fully or partially, and the products actually sold.
3.12 When exchanging products the customer will bear the cost of the consignment involved in the replacement of the product – i.e. the consignment to the Company of the old product and the sending to the customer of the new product.
SUPPLY AND TRANSPORTATION OF PRODUCTS
4.1 The Website will only provide products which have been paid for in full as stated above, provided that the User holds a valid credit card which has been issued by one of the credit card companies and which can be charged and cleared in Israel, and provided that the credit card company which issued the credit card has approved the executed transaction.
4.2 The product will be supplied to the address which the User typed in at the time of the order, within the time set out for the order.
4.3 The Website will not be liable for any delay in the supply and/or non-supply which is caused as a result of force majeure and/or events which are not under the control of the Website, including, but not exclusively, strikes, go-slow strikes, natural disasters, delays, faults in computing systems, etc.
4.4 The regulations of the consigning body through which the transportation is executed will apply to any supply/transport of the product through the Website, and will be binding on the User.
4.5 In any event where time has been stipulated in days for the supply of the product, these are “business days” (Mondays to Fridays, not including Saturdays, Sundays, festival eves and festival days).
4.6 delivery methods:
FREE INTERNATIONAL SHIPPING ON ORDERS OVER 99$
*All online orders are shipped within 2 business days of the order transaction being approved by the credit card company (not including weekend days).
The company can not take responsibility for delays by the shipping companies.
4.7 Where a date has not been set for the supply of the product it will be supplied within a period of 3-4 weeks from the time of the approval of the payment by the credit company.
4.8 If the product has not reached the address of the User within the time stipulated in the order and/or four weeks after the approval of the payment, the User will immediately contact customer service on the Website or by e.mail at: [email protected] . If the User is not interested in waiting for the arrival of the product after the supply date and the User’s complaint transpires as being justified, the User may cancel the order and the Website will credit the User for the amount paid by the User for the product subject to the approval of the consignment company regarding the User’s complaint.
4.9 The Website and/or its representatives will be entitled to demand the presence of the credit card holder at the time of the delivery of the product and/or the presenting of an identity card of the credit card holder and/or for the signature of the credit card holder in the slip as a condition for the delivery of the product.
4.10 The buyer assumes any and all duties and customs costs for orders shipping outside of Israel and will be contacted in advance should additional charges need to be made. TOPPATSU is not responsible for any lost, stolen or damaged shipments.
4.11 If the product has not reached the user’s address within 14 business days from the date of placing the order, he must immediately contact the customer service at e-mail: [email protected], in order to inform the site management of the delay. If the user does not inform the said delay, he will not be able to claim a delay in the arrival of the product and the date of receipt of the order for the purposes of exchanges and returns, will be the ones written in the management’s books.
4.12 Currently we offer shipping to the United States, most European countries, Canada and Australia. If your country is not showing on our list, feel free to contact us on [email protected] to request if we can ship to your country.
5.1 Our returns guarantee entitles you to return the product for any reason within 14 days from the date of the receiving of the product, and if the product is on sale / discounted – within 5 days of receiving the product.
5.2 You can exchange an item for a different color / textured / size of the same item. If you would like a different item, then you will need to return the unwanted item for a refund and place a new order.
5.3 You have the right to open the package and check the contents but the product must be returned unused. returning the item in the original packaging, complete and/or without harm and/or damage and/or defect and/or stains and/or breakage of any kind and sort and together with the receipt. If you return an order, always keep your tracking number and receipts so you have proof of shipment.
5.4 Return shipments exceeding 14 days (or 5 days if the item is on sale) of shipment will not be accepted.
5.5 When returning goods do not fold or package in any way that could damage packaging or product itself.
Please make sure that on the airway bill and the package there is clearly written: Returned goods, no commercial value.
The address for returns is:
Mailbox No: 16520
Ibn Gabirol 67
Tel Aviv, ISRAEL
5.6 Return of the order will be done in writing by way of sending an e.mail message and the reason to the e.mail address of the Website: [email protected]
5.7 Where the order has been returned as stated above and below, the consignment fees to the customer and from the customer in return, will be borne by the customer. Shipping costs will not be refunded.
5.8 We will refund to you the full price you paid for the order. The refund will be made to you using the same method of payment as you used for the original transaction up to 30 days from the day we received the item.
5.9 The Website may cancel the order, fully or partially, in the following cases:
- If a technical or clerical error has occurred in the order;
- If it should transpire that the order was accompanied by illegal activity of the User or any third party;
iii. Where the order has been illegally executed and/or not in accordance with this disclaimer.
5.10 The Company has sole discretion regarding the status of the returned Goods.
CANCELLATION OF THE ORDER
6.1 The User will be entitled to cancel the User’s order within 14 days from the date of the receiving of the product, and if the product is on sale / discounted – within 5 days of receiving the product.
6.2 Cancellation of the order will be done in writing by way of sending an e.mail message to the e.mail address of the Website.
6.3 Where the order has been canceled as stated above and below, the consignment fees to the customer and from the customer in return, will be borne by the customer. The User will not be charged apart for charges for cancellation fees for “sale” items at a rate which will not be greater than 5% of the product price or NIS 100 – according to the lower. Shipping costs will not be refunded.
6.4 If you return an order, always keep your tracking number and receipts so you have proof of shipment.
Return shipments exceeding 14 days of shipment will not be accepted. Please make sure that on the airway bill and the package there is clearly written: Returned goods, no commercial value.
6.5 The cancellation of the order by the User is subject to the User returning the item in the original packaging, complete and/or without harm and/or damage and/or defect and/or stains and/or breakage of any kind and sort and together with the receipt. The address for returns is: –
Mailbox No: 16520
Ibn Gabirol 67
Tel Aviv, ISRAEL
6.6 The Website may cancel the order, fully or partially, in the following cases:
- If a technical or clerical error has occurred in the order;
- If it should transpire that the order was accompanied by illegal activity of the User or any third party;
iii. Where the order has been illegally executed and/or not in accordance with this disclaimer.
6.7 Cancellation of the order will be delivered to the buyer by telephone and/or in writing to the e.mail address indicated by the buyer at the time of the execution of the order.
6.8 Refund for all products is conditional on the cost of the product over 50 NIS.
6.9 Free delivery is given on orders over 399 NIS. If the customer chooses to return items so that the total order amount is less than 399 NIS, the original shipping charge will be charged and will be deducted from the credit he will receive.
6.10 No refund will be given for unpaid items, such as promotions, discounts or gifts.
CORRESPONDENCE WITH THE WEBSITE REPRESENTATIVES
7.1 For any query regarding the Website, its contents and the products presented on it, you can contact the Website representatives by way “Contact” or by e.mail at: [email protected].
7.2 The Website representatives will do their utmost to respond to every query to them within 3 business days.
CONFIDENTIALITY OF INFORMATION
8.1 The Company does not store credit card numbers in its computers.
8.2 The Website will not make any use of information without the User’s consent unless such is required in accordance with law and/or demanded by a competent authority and/or in order to prevent misuse.
8.3 The Website will only allow for access to the information if its representatives need the information for the providing of the service and the transfer of information to the customer ordering the items.
8.4 The Website will take acceptable due care in order to retain, as much as possible, the confidentiality of the information. However, upon the occurrence of cases which are not under the control of the Website and/or due to a force majeure, the Website will not be liable for any damage, whether direct or indirect, which is incurred by the User and/or anyone on behalf of the User if this information is lost or if unauthorized use is made of it.
8.5 The Website is secured by the SSL protocol.
8.6 TOPPATSU undertakes not to use the particulars of customers registered on the Website other than for the purposes of operating the Website only, and in order to allow for the execution of an order and the transfer of information to the customer.
Intellectual Property Rights and Trademark
The content, the works and the material published or otherwise shown on the Website – including, but not limited to, trademarks, logos, images, photos, statements and the reproduced documents, as well as application software and the html codes, are the exclusive property of TOPPATSU, or used upon authorization or license by the owner of the rights.
The Users can have those contents available only if it is essential for the correct use of the Website, for non-commercial purposes. TOPPATSU reserves for itself all exploitation rights and any other connected right, including reproduction rights.
Any other use of the material, for any purpose, is forbidden, unless prior consent of TOPPATSU.
THIRD PARTY WEBSITES; THIRD PARTY SERVICES; NO IMPLIED ENDORSEMENT
The Site may contain links to other web sites owned by third parties (“Third Party Sites”). Please note that when you click on any of these links, you are entering another Website for which we have no responsibility or control. You may also have the ability through the Site to login to accounts that you have for services provided by third parties (“Third Party Services”). The Site is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to TOPPATSU.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third party Website or third party product or service be construed as an approval or endorsement by us of that third party, third party Website or of any product or service provided by a third party.
DISCLAIMER OF WARRANTY
The site, services and materials are provided “as is,” “as available,” “with all faults” and without any warranty of any kind, express or implied. To the fullest extent permissible under applicable law, TOPPATSU and its licensors disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither TOPPATSU nor its licensors warrant that access to the site, the materials and/or the services available on or through the site will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does TOPPATSU or its licensors make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the services, the materials or the site. You expressly agree that your use of the site and your reliance upon the services and/or the materials is at your sole risk. In addition, TOPPATSU is not responsible, and makes no representations or warranties for the delivery of any messages (such as emails, posting of answers or transmission of any other the user generated content) sent through the site to anyone.
In addition, you acknowledge and agree that any data, information, content or materials contained in or made available in connection with the services is not intended as a substitute for, the knowledge, expertise, skill and judgment tax, legal or other professionals. The services do not provide tax or legal advice. You are responsible for obtaining such advice.
Further, TOPPATSU and its licensors make no representation or warranties that the services or the materials or the site are appropriate or available for use in all geographic locations. If you use the site, the services or the materials outside the state of israel, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Neither TOPPATSU nor any third party providers, partners or affiliates warrant that the site, its servers the materials or the services or any e-mail sent from the site or any third party providers, partners or affiliates are free of viruses or other harmful components.
This agreement applies solely to the site. As part of the services provided to other TOPPATSU users, we host websites for certain third parties (“third party sites”). Third party sites include content generated by third parties and are not under the management and control of TOPPATSU.TOPPATSU is not responsible for such third party sites, including without limitation, the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any changes or updates thereto, or any goods or services sold thereon. Your access or use of any third party site is governed by the terms applicable to such third party site. The hosting of any third party site by TOPPATSU does not imply an endorsement thereof by TOPPATSU, or of the provider of such content or services, of any third party site.
LIMITATION OF LIABILITY
We are not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of the site, the services, the materials, your content, the commercial products or any third party the user generated content available on or through the site, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if TOPPATSU has been advised of the possibility of such damages. You hereby release TOPPATSU and hold TOPPATSU and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the services, materials, site, your content, commercial products or any third party the user generated content available on or through the site. You hereby waive the provisions of any state or local law limiting or prohibiting a general release.
In the event of any problem with the site, the services, the materials, you agree that your sole and exclusive remedy is to cease using the site, the services and the materials. Under no circumstances shall TOPPATSU, its affiliates, or licensors be liable in any way for your use of the site, the services, the materials, your content, the commercial products or third party user generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the site, the services, the materials, your content, the commercial products or any third party the user generated content available on or through the site. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, TOPPATSU has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
You agree to indemnify, hold harmless, and defend TOPPATSU and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the Services, the Site or the Materials, (ii) your content, or (iii) any Commercial Products you offer on or through the Site or using our Services. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site that we have changed this Agreement. If you have a TOPPATSU account, we may (but are not required to) provide you with notice via the email address that we have on file for you that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Israel without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the Israel. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Israel and you hereby submit to the personal jurisdiction of such courts.
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to TOPPATSU as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that TOPPATSU shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by TOPPATSU in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of TOPPATSU, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
- If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Agreement, it will not be considered a waiver.
- Any amendment to or waiver of this Agreement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
- All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- This Agreement does not confer any third party beneficiary rights.
- A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.