FLORENCE TERMS AND CONDITIONS
INTRODUCTION
The Florence website (from now on: “website”) is an Internet website of an online store for the purchase of items and services by the public who browse the Internet. The owner of the website and its operator is D.N.M. Trade.
Any action on the website is considered an action performed on the website, including purchasing items and/or services offered on the website (from now on: “action”).
The Terms and Conditions apply to any and all actions on the website performed by the “user,” as defined below.
The Terms and Conditions comprise a binding contract between the user and the Florence website, with all its implications. Browsing the website and/or performing actions on the website means the user accepts the Terms and Conditions and will act accordingly. If the user does not agree to the Terms and Conditions, he/she should not use the services provided by the website.
It is important to note that anyone who performs an action on the website acknowledges that he/she has read the Terms and Conditions of the website and accepts them and that he/she and/or anyone on his/her behalf will not have any demands and/or claims against the website owners and/or operators and/or anyone on their behalf.
In this document, a “user” is defined as any person or company that uses the website, including performing actions through the website, as long as the conditions below are fulfilled:
The user is qualified to perform binding legal actions; If you are a minor (under the age of 18) or not qualified to perform legal actions without the prior consent of a guardian, you are required to inform your parents and/or legal guardian about the Terms and Conditions of this website and obtain their approval for any kind of activity on this website. It is the parents’ responsibility to inform the minor who wishes to browse this website about the Terms and Conditions and supervise the minor’s use of the website so that he/she will act according to the Terms and Conditions. Any action performed on the website by a minor constitutes the minor’s and/or the parent’s consent to what is stated in the document.
The user owns a valid Israeli or international credit card.
The user has an active email address on the Internet.
General terms and conditions
1. Florence may, at its sole discretion, stop the operation of the website at any time and without prior notice.
2. Florence reserves the right to prevent access to the website and/or the possibility of purchase on the website and/or to cancel the participation of a user whose behavior is inappropriate or not in accordance with the Terms and Conditions or who attempts to undermine the proper management of the website.
3. The Terms and Conditions may be changed and/or updated at any time by Florence and/or anyone acting on the website’s behalf, at its sole discretion.
4. The chapter titles are provided for easy navigation and the user’s convenience and will not be used to interpret the regulations.
Services provided by the website
The Florence website offers a variety of content and/or services, including the services listed below:
• browsing and researching various content
• purchase of items and/or services
• creating “Wishlists” – a list of items selected by the user
• sharing or sending items from the website to friends and acquaintances via email and/or social media.
• providing feedback and/or comments on items and/or content on the website that will be published on Florence’s website and/or Facebook page. Florence may choose, at its sole discretion, whether to publish or prevent the publication of feedback.
• sign up for mailing lists (the user will receive relevant content, marketing, and advertising information via the social media he/she prefers)
Florence does not commit to providing or continuously providing all content and/or services on the website, and Florence may change (as well as expand or reduce) the content and/or services provided on the website at its sole discretion, and without any prior notice. Florence may choose to remove and/or refuse to upload on its website and/or Facebook page any comment and/or feedback and/or image and/or content (from now on: “content”), at its sole discretion, that may harm Florence’s reputation and/or hurt the feelings of the public and/or is of abusive nature in a sexual or any other manner and/or it may cause a violation of any property rights and/or is illegal and/or for any other reason. Each website user hereby acknowledges and confirms that he/she gives Florence full rights to use the website’s content and confirms that Florence is allowed to use his/her name and/or image in any advertising and/or display of the content on the website and/or Facebook page free of charge. Florence will reserve this right indefinitely. In addition, the user of the services confirms that he/she is aware that by using the services provided by the website, he/she understands that his/her feedback and/or comments, shares, tags, and uploads of any kind to the website and/or the Facebook page might be shared with the public. The user acknowledges that he/she must refrain from causing damage to Florence’s reputation, including avoiding any activity on the website that could hurt Florence’s good standing and reputation amongs the public. The user will not act in a manner that could harm the reputation of the company.
PURCHASE ON THE WEBSITE
In order to purchase, the user must first select the desired item, its color, and size. Every item on the website has an item page that displays the details of the item and the price (from now on: “item page”). Please note, Florence may update the item page from time to time, add or remove details, remove out-of-stock items, add colors and/or sizes, update and/or change the price of the items. The images on the website are for illustration only. The pictures may have different colors, and the color of the image might be different from the actual item. The color discrepancy occurs, among other things, because the items are photographed and displayed on a computer screen.
The prices displayed on the website include VAT according to law unless stated otherwise. In order to make a purchase on the website, the user is required to choose a password, as well as provide basic information, such as first and last names, address, email address, phone number, and credit card information. For the order to be executed quickly and without errors, the user must provide his correct details. Otherwise, Florence will not be able to guarantee the execution of the order (from now on: “execution of the order”). Please note that intentionally providing false information may result in a criminal offense. Users that provide false details may be subject to civil and criminal legal action, including damage claims for damage caused to Florence due to disruption of the operation of the website. In addition, the information provided by the user of the website will be used, among other things, to send promotional emails or updates on the website, only after first receiving the user’s approval. During the process of the order, Florence will check the user’s credit card details, and upon receiving a confirmation from the credit card company, the user will be notified that the order has been approved. The transaction is charged for the cost of the item and/or service purchased by the user and will be immediately executed through the website after the completion of the purchase (from now on: “the items”).
When purchasing on the website, the user will see a non-round number for the price. The customer will not be charged this amount as this is a constraint of the website system. The customer’s credit card will be charged according to the price rounding method outlined by law.
CONDITIONS FOR COMPLETING A PURCHASE TRANSACTION
The purchase transaction will only take place after the completion of the ordering process and after Florence receives approval from the credit card company to make the charge, in accordance with the existing work procedures between them and Florence. The customer will receive a notification if the transaction is not approved by the credit card company. When making the purchase, a limit equal to the purchase amount is maintained for five days, even after the actual billing of the transaction – which takes place immediately after receiving the order and packing it. Completion of the purchase transaction is also conditional on the requested items being in stock at the time of completing the ordering process. If an item is out of stock and/or there is a problem with its delivery, for any reason, Florence is entitled to notify the user of the cancellation of the order. Such notice will be given to the user by email and/or by telephone, according to Florence’s choice. By agreeing to the Terms and Conditions, the user agrees that he/she will not have any claim against Florence. Florence reserves the right to limit the number of items in each order.
The order will be registered on Florence’s computers, and the user who has registered on the website will be able to see it in his website account. A confirmation will also be sent to him/her by email regarding the receipt of the order within 2 business days from the completion of the purchase transaction by the user on the website. It should be noted that receiving an email regarding the registration of the order in Florence’s computerized system does not constitute evidence of the completion of the operation, and the receiving of the confirmation email does not obligate Florence. Florence’s computer system records, which include a computerized and automatic record of all operations on the website, constitute prima facie evidence of what is stated in them.
DELIVERY
The user may choose to have the items delivered to his home and/or any other location of his choice or, alternatively, to choose the delivery of the items to a nearby Florence store. Florence reserves the right to only deliver to some Florene stores, and it may not be possible to deliver the item to all the chain stores, in accordance with Florence’s personal considerations. Florence has the right to allow the pick up of items only from certain branch stores, at its own discretion, and it may not be possible to deliver the items to all the chain stores.
DELIVERY TO THE USER’S HOME
Florence will deliver the items to the user via an independent delivery company (from now on: “delivery company”). The items will be delivered by the delivery company within a few days from the date of completion of the transaction. Florence is not responsible for any act and/or omission of the delivery company, including delays in the delivery. Items will not be delivered on Saturdays, holidays, and Florence is not obligated to deliver the items to areas with restricted access due to security reasons. Delivery of items to the user’s home involves the payment of a delivery fee as specified on the website (from now on: “delivery fee”). The delivery fee will be added to the price of the items indicated on the website. The delivery fee will be charged for delivery to one destination, whether one or more items have been ordered.
The delivery times listed above are valid from the date of order confirmation by the credit card company. It should be noted that the delivery times mentioned above are approximate. There may be changes in delivery times due to third party delays. By purchasing on this website, the user confirms that he understands that delivery of the items might be faster or longer than the estimated time and also that he understands that Florence will not be responsible for the delay of the items in the following cases:
In cases of force majeure, war, acts of hostility, emergencies, natural disasters, strike and/or shutdown at the suppliers of goods necessary for the production and/or transportation of the items and any other circumstance beyond Florence’s control.
In areas with restricted entrance due to security issues, Florence will deliver the items to the user to a nearby and acceptable location by prior arrangement with the user. Florence does not commit to the delivery time when items are out of stock.
If an item is out of stock, Florence will notify the user who may cancel the order.
Delivery of the items (to a delivery location or the user’s home) is conditional on the user presenting his/her ID card and confirmation number received from the ordering system after the completion of his/her purchase. Florence is entitled to request any additional means of identification, at its discretion, as a condition of delivery of the items to the user.
CANCELLATION OF ORDER
Cancellation of the transaction by Florence
Florence reserves the right to terminate at any time, at its sole discretion, the activity on the website and/or to cancel a purchase transaction made by a user, including, but not limited to, in the cases listed below:
• If after the completion of the purchase transaction, it turns out the item is out of stock.
• If the user did not enter his personal information and credit card details in the system.
• In any case where an action has been taken in violation of the Terms and Conditions
• If the user acted illegally.
• If the user provided incorrect information when making the purchase and/or afterward.
• If the user acted in a way that could harm Florence and/or anyone on its behalf and/or the proper management of the website and/or any other third party.
• If, according to Florence, the user intends to resell the items purchased by him on the website to a third party. By purchasing on the website, the user commits to not reselling items purchased on the website to any third party.
• If the user did not collect the ordered items within 14 business days.
• In case of force majeure, when Florence is unable to properly manage the website, to provide the user with the items and/or meet any other obligation. “Force majeure” equals computer malfunctions, phone system malfunctions and disruptions in other communication systems, and any sabotage or security incident.
• In such cases, Florence may cancel the transaction or offer the user an alternative item at its discretion and in accordance with the circumstances of the cancellation. If such a sale is canceled, Florence will not be responsible and will not be accused of causing any direct, indirect, or consequential damage to the user or a third party, including but not only damage due to the purchase of the item from a third party at a higher price.
Cancellation of the transaction by the user
The user may cancel the transaction he/she made on the website in accordance with the 1981 Consumer Protection Law (from now on: “Consumer Protection Law”) or, alternatively, chose a different item of the same value, or be reimbursed, as specified below:
• Cancellation of the transaction within one hour from the moment of completion of the purchase on the website and before the item’s delivery can be done by phone. The user should call our customer service, 025633348.
• In such circumstances, the user will be entitled to receive a full refund (including the delivery fee, if the user was charged for it). The user can cancel the transaction after receiving the item if he/she kept the receipt and the item is in good condition and has not been used, as long as the reason for the cancellation is not a defect of the item or discrepancy (discrepancy between the item ordered and the item received).
• If the user cancels the transaction after receiving the item (not due to a defect of the item or discrepancy), he/she will not get a refund for the delivery fees paid by (assuming the user had been charged for it).
• In case of cancellation of the transaction as a result of a defect and/or discrepancy between the item received and the item that appears on the website, it is the user’s obligation to check the item immediately upon delivery. If the item received by the user has a defect, or there is a discrepancy between the item the user received and the item presented on the website, then the user may cancel the transaction within 14 days of receiving the item by contacting customer service online.
• When a user makes a purchase on the website and pays a delivery fee, and wishes to replace the item, not as a result of a defect in the item and/or a discrepancy between what he/she purchased and what he/she received, the user will not be refunded for the delivery.
For any questions, inquiries, exchanges, returns, etc., please contact Florence’s customer service department by email: florencescervice1@gmail.com
In any case, refunds related to cancellations, returns, and exchanges will be done under the following circumstances:
If the user returns the item with an invoice, provided that no use of the item has been made and the item labels have not been removed. In case of a cancellation, a refund will be issued to the credit card that was used during the purchase within 14 days after receiving the request to cancel, provided the user returned the item. Exchange or return of an item will be possible with a receipt in the Papaya chain stores, in accordance with Papaya’s exchange policy, that is updated from time to time, within 14 days of receiving of the item, provided the item has not been used.
Purchase by A customer living abroad
Return of items outside of Israel – the user will be refunded with the invoice amount.
Exchange of items outside of Israel – the user can exchange the item for a different size without paying additional VAT. However the user will be required to pay for delivery costs in full. If the customer wants to exchange the item – he/she will be required to pay additional VAT as well.
*The right of cancellation for a disabled person, a new immigrant (up to 5 years from the date mentioned in the user’s Te’udat Oleh (immigrant’s certificate), a senior citizen (as defined by law), is four (4) months from the date stated above (provided the communication included a conversation between the company and customer including electronic communication). The company may require the user to provide official documentation confirming that he/she is a senior citizen, a new immigrant, a person with a disability to be granted the extended cancellation period.
Warranty, PROTECTION, and privacy
Florence and/or those acting on its behalf take reasonable precautions to maintain, as much as possible, the confidentiality of its users’ information. The user’s personal details (name, email, etc.) will be stored in Florence’s database, and one of its purposes is direct mailing. In order to unsubscribe from the mailing list, the user needs to contact Payapa customer service at florenceservice1@gmail.com. It might take 14 business days from the day Papaya receives the request to unsubscribe to be removed from the mailing list. Florence does not save the user’s credit card information on its website or in the Papaya software because Florence uses a third-party company (CreditGuard) to charge the user’s credit card. It must be noted that since the transaction is electronic, Florence cannot guarantee complete safety from hacks into its computers or the disclosure of the information it stores by illegal operators and therefore, if a third party manages to hack the information that Florence holds, or to use the system in any other illegal way, by using the website, the user agrees that he/she will have no demand or claim against Florence. Additionally, in case of a force majeure, Florence will not be liable for any kind of damage, direct or indirect, caused to the user or anyone on his behalf if any information provided is lost, used in a hostile manner, and/or used without permission. Florence will not use the details of the users registered on the website for any purpose other than for operating the website and to enable the user to purchase on the website, and for the purpose of maintaining contact with the user. Nevertheless, Florence is entitled to transfer a user’s personal details to a third party if he/she acted in a way that harms and/or may harm Papaya and/or any third parties, used Florence services to commit an illegal act if Florence receives a court order to provide the user’s details to a third party as well as in case of any dispute or legal proceeding. By using the website, the user agrees that Florence will be able to use the user’s personal details, without identifying the specific user, for the purpose of analyzing statistical information and presenting and/or passing it on to other parties.
CUSTOMER SERVICE
For more details and inquiries regarding the items and/or their delivery, the user should contact our customer service department at florencescervice1@gmail.com and via WhatsApp during working hours.
ACCESSIBILITY DECLARATION
The Florence Shoes website meets the requirements of the Equal Rights Regulations for People with Disabilities (Adjustment of Access to Service, 2013). The website complies with the Israeli Web Content Accessibility Guidelines (WCAG 2.0) by the W3C organization.
The website can be viewed on cellphones, in common browsers.
Strict accessibility adjustments have been made on this website, including semantic and informative implementation for assistive technologies, navigation settings, and operation with a keyboard only according to the recommendations of the World Wide Web Consortium (W3C), color adjustments, helpful labels, and instructions have been added to the forms for the benefit of all users. For the best browsing experience with screen reading software, we recommend using the latest NVDA system.
Our organization works to promote accessibility with the help of the Access Israel organization.
We believe that customers with disabilities have equal rights and are entitled to enjoy full access to the organization’s assets and services. We operate in accordance with what is defined in the Accessibility Guidelines and even beyond what is required. In accordance with the law, the chain stores are becoming more accessible, as defined in the Accessibility Guidelines.
Questions about service accessibility are discussed on a regular basis, in accordance with a schedule defined in the Accessibility Guidelines.
This part of the website is designed to inform you how to enjoy the accessibility features of the organization.
We aim to provide every customer, with or without disabilities, to enjoy an equal and accessible service.
*A person with a disability, as defined in the 1998 Equal Rights Regulations for People with Disabilities, may cancel a transaction he/she has made within 4 months from the date of the receiving of the items, provided the communication included a conversation between the company and customer including electronic communication.
The company may require the user to present a document proving that he/she is a person with a disability. This also applies to senior citizens and/or new immigrants, as defined by law.
If you have any questions, suggestions for improvement, we will be happy to hear from you and assist you.
INTELLECTUAL PROPERTY
All intellectual property rights in all of the website’s content, including trademarks, patents, copyrights, designs, methods, and revealed and unrevealed secrets, are the property of Florence and D.N.M. Trade alone. These rights apply, among other things, to the graphic design of the Florence website and its databases (including item lists, item descriptions, etc.), the computer code of the website, and any other details related to its management. Commercial use is forbidden of any data published on our website, the database on the website, the lists, and images of the items appearing on it, or other details published by and/or on behalf of Florence without Florence’s prior written consent. No data published on the Florence website may be used to present on the Internet or other services in contradiction of the Terms and Conditions and/or without our prior written consent from Florence and in contradiction to the written consent (if such a consent was given). This includes the prohibition of collecting data from the website by using programs and/or disseminating such data to the public in a commercial manner. The user may not copy, reproduce, distribute, sell, market, and translate any information from the website (including trademarks, images, texts, and computer code) without prior written permission from Florence. The site may not be displayed in a design or graphical interface different from those designed by Papaya, except if the user received prior written consent. The name Florenceshoes, the brand name (Florence @veneton @barco), Papaya’s trademarks (whether registered or not), etc. – are all Florence property alone. They may not be used without Florence’s prior written consent. Icons, all information and/or display that appears on the website, including graphics, design, verbal presentation, trademarks, logos, and the editing and display of these, are owned by Florence and/or anyone on its behalf. No part of this website may be copied, spread, published, or used in any other way without prior written consent from Florence.
LAW AND JURISDICTION
The only law that applies to these Terms and Conditions and/or to any action and/or conflict arising is the Israeli law. In any case of a dispute, the only authority to hear any dispute arising, directly or indirectly, from the regulations and/or from the use and/or purchases on the site is the Magistrate Court or the District Court in Jerusalem, no other court.
DELIVERIES, RETURNS AND EXCHANGES IN ISRAEL
Delivery in case of Florence website purchase
Delivery to the customer’s house will take between 3 to 7 business days from the date of completing the transaction. Delivery is free of charge for purchases over 300 shekels. Delivery cost for purchases under this amount is 29 NIS. Delivery time during busy seasons (holiday eves, Black Friday, coronavirus pandemic) might take up to 10 days longer than usual.
Collection and return of the item from and to the collection point – free of charge – by prior arrangement only.
Exchange and Return Policy FOR ITEMS PURCHASED ON THE WEBSITE
Items purchased on the website can be returned/exchanged, provided they have not been used at all and are in their original packaging, together with an invoice/replacement note up to 14 business days from the date of purchase. When returning the item, the customer will be able to receive a refund in order to purchase on the company’s website (limited to 12 months) or a refund to the same means of payment with which the transaction was made.
Payment via PayPal – the customer will receive a refund directly to his/her PayPal account within 5 days of returning the item at the store
RETURNS
Item returns are subject to regulations in the Israeli Consumer Protection Law.
Items purchased on the website can be returned, provided they have not been used and are in their original packaging, with an invoice/replacement note up to 14 business days from the date of purchase.
When returning the item, the customer will be able to receive a refund for the same means of payment in which the transaction was made or in cash if it is not possible to execute a refund to the same means of payment. The cost of delivery will be on the customer, if there was any.
In case of a purchase of two or more items (as in case of sales like 1 + 1 / second pair at a certain price sales), no refund or credit will be given to the user unless all pairs purchased in the original transaction are returned.
A customer who purchased shoes that are not in the company’s chain/website stores (at authorized sellers) will not be able to receive a credit/refund.
WARRANTY
The shoes have a 3-month warranty from the date of purchase, provided the user kept the invoice or has proof of purchase. The company is not responsible for the fall of decorations from the items, abrasion caused as a result of the use of the item and abrasion of the item and damage caused as a result of washing/rinsing the shoe.
*During busy seasons (such as Black Friday, the Corona pandemic, etc.), there may be delays in delivery times for up to 10 business days.
PROMOTION REGULATIONS
The promotions are available for existing and new members of the loyalty programs and all users of the website.