Rules and Regulations

Zer4U’s Website Rules and Regulations

General

·     Zer4U’s Internet site (hereinafter: “The Site”) is an Internet site which runs a virtual store and offers its customers information and sale of various products (flower bouquets, plants, decorative objects and more) (hereinafter: “The Services”).  The site is owned by Zer4U (2000) Ltd.

·     The following rules and regulations equally relate to both genders, and masculine gender is used here for convenience purposes only.

·     Every person who purchases and/or intends to purchase services and/or intends to receive information through the site and/or surfs the site and participates in the activities offered through the site declares and undertakes that he read the Website Rules and Regulations and agrees to the provisions included therein.

Website Terms of Use – Purchasing Services and Receiving Information

·     The site can be used for carrying out orders and for receiving services and/or information.  This site is not to be used for other purposes.

·     Every adult (age 18+) who has a valid credit card from one of the active credit card companies in Israel (or has explicit permission from the credit card holder), may submit offers for the purchase of services through the site.

·     The order or the offer (hereinafter: “The Offer”) of the purchaser to receive services will be accepted, if all the following conditions are met:

1.
The transaction was approved by the purchaser’s credit card company.
2.
The required products are in stock.
3.
The address for supplying the products is included in the company’s distribution area.
4.
The purchaser has a personal e-mail address in the Internet network, unless the transaction is carried out by phone.

How do you submit offers to purchase services through the site

·     To receive a detailed and full description about the offer submittal procedure for the purchase of services through the site, please see “How to Buy”, the provisions of which are an integral part of the Website Rules and Regulations and reading it is a condition for submitting an offer to purchase services from the company.

Policy of Services and Prices

·     Orders through the site will be accepted upon purchases exceeding NIS 80 only.

·     The pictures photographed in the site for bouquets of different sizes represent the medium size bouquet.

·     The variety of services, prices (including for shipment expenses) and terms of payment in this site may vary from time to time at the company’s sole discretion.

·     If an order for the purchase of flower bouquets and flower arrangements included in the site was carried out and it turned out that a product is out of stock, the company will provide the purchaser with a product as similar as possible to the products he originally ordered in color and/or in category.

·     If any other product included in the site is out of stock, the purchaser will receive a notification via e-mail or by phone.  The company reserves the right to submit an offer for the purchase of an alternative product, which is similar both in attributes and in price.  If the purchaser agrees, the details of his order will be updated accordingly.  If not, his order will be deleted and his credit card will not be charged.

·     The shipment will arrive to the requested destination within 6 hours from the moment of the order’s approval, if the order was carried out during the call center’s hours of operation: Sunday-Thursday 08:30-18:00, Friday and holiday eves 08:30-12:00.  On holiday eves, the time of arrival cannot be promised.  On these days the order will be supplied during the day.  The time range for supplying the shipments is between 09:00-21:30.  An order carried out before 09:00 will arrive to its destination before 15:00.

Details of the Service Purchaser and Website Security

·     Upon performing the order for purchasing services through the site, the purchaser will be required to enter his personal details, order details, credit card details etc. (hereinafter: “The Details”) into the system.  The site owners and/or any of its operators and/or any of its managers and/or anyone on their behalf are not responsible for a mistake done by the purchaser while typing in the details.  In addition, the aforementioned will not bear any responsibility, directly or indirectly, if the purchase details are not implemented in the system and/or for any technical and/or different problem which prevents the completion of the activities in the site.

·     Typing in false details is a criminal offense.  Legal steps will be taken against people who enter false details into the computer, including claims for damages that can be caused to the site and/or the site owners and/or any of its operators and/or any of its managers and/or anyone on their behalf.  If wrong details were entered (including the purchaser’s personal details), the company and/or anyone on its behalf has the right to reject the offer.

·     The company’s data processing computer runs a computerized registration of all the activities taking place on the site.  This registration will be an apparent proof for the provisions included in these activities.  However, the time shown on the server’s clock will be the final and decisive proof for the activity occurrence time.

·     The details of the activity in the site, including the offer details and the purchaser’s details, will be transmitted through an encrypted security protocol (SSL), which is accepted in e-commerce, to the company’s data processing computer.  The company and the site’s operators will not transmit these details to external factors, excluding the credit card company and the vendors – for the purpose of the sole completion of the purchaser’s online shopping activities.  The company reserves the right to use the details provided by the purchaser for analyzing statistic information and delivering it to other factors.  In this case, the data will not personally relate to the purchaser and will not identify him.

·     The company will be entitled to send an e-mail to the purchasers and contact them, orally or in writing, for any information about the company’s sales, innovations in the site, advertisements from selected commercial organizations etc., unless the purchaser will inform in writing that he is not interested therein.

Payment for services

·     Unless explicitly stated otherwise, all the prices in the Internet site include V.A.T.  The services will be paid with the credit card number that was included in the offer prior to or close to the shipment of the products to the address mentioned therein.  If, according to Company’s policy, it is possible to pay the consideration in installments, the amount will be charged accordingly (subject to the authorization of the credit card company).

·     The total consideration to be charged by the purchaser is included in the “cart” or on the “Transaction Details – Checkout Process” Screen.  This amount consists of all the items added to the “cart”, including shipment costs.

·     Policy and shipment prices (including the shipment expenses calculation policy -when a number of products are to be shipped to one address under one offer), shipment times and distribution areas are detailed in the following fields: “Shipments & Returns” and “Distribution Areas”.  The provisions of each of the fields detailed above are an integral part of these Articles of Association and a condition for the presentation of an offer to purchase services from the Company.

Cancellation of Activities by the Purchaser

·     Every purchaser who submitted an offer for buying flowers, plants, decorative plants, flower bouquets and flower arrangements, and is interested in cancelling his offer will inform the company about it within one hour from the time the offer was sent (or from the time of creating phone contact with the company).  If the order should take place another day, a notification of cancellation can be sent up to 5 hours prior to the execution of the order during the operation hours of the call center  (Sunday-Thursday 08:30-18:00, Friday and holiday eves 08:30-13:00).  The cancellation process should be completed both orally and in writing.  Therefore, to cancel the order, please call the company’s call center and simultaneously send a fax or an e-mail to the national center of orders.  The order can be cancelled as long as the products have not yet been launched by the company and/or anyone on its behalf to the address included in the offer.  The cancellation of the purchase of any other product (which does not die and whither, as mentioned above) will be executed within 14 days from the day of receiving the product at the address mentioned in the offer, provided that the aforementioned notification was sent, the product was not used and it is still placed in the original package delivered to the purchaser.

Limitation of Liability

·     The company’s intention is that all the products offered thereby in the site will be of high quality and fit for use.  A lot of emphasis is placed on the high quality of the flowers, plants, decorative plants, flower bouquets and flower arrangements.

·     The company undertakes that flowers, plants, decorative plants, flower bouquets and flower arrangements will be of high quality and fresh.  If any of the aforementioned products is not fresh (hereinafter: “The Damaged Product”), the purchaser may contact the company (through its call center – Tel.: 1-700-500-800) and let it know about it.  The parties agree that the company will check the complaints and will have the permission to replace the damaged product or credit the purchaser for the consideration paid for that product (including at the shipment’s cost, if no other services were ordered by the purchaser during that transaction), at its sole discretion.

·     The sole responsibility for all the products which are not flowers, plants, decorative plants, flower bouquets and flower arrangements and for any information or presentation implemented in the site with respect to the nature of the products, including names of manufacturers, quality of products, attributes of products, pictures of products etc. applies to the manufacturers and/or importers and/or authorized marketers of the products, subject to the Consumer Protection Rules and Regulations and the Warranty and Service certificates which are attached to each product / service, if attached.

·     The pictures in the site are designated for illustration purposes only.  It should be emphasized that there can be differences between the product’s appearance in the picture as displayed by the computer’s monitor or printed and its actual appearance.

·     In any event, the company’s liability for the products mentioned in this paragraph, under any legal cause whatsoever, will not exceed the amount of the consideration actually paid for the product / service ordered by the purchaser.

·     The company and/or the site owners and/or its founders and/or any of its operators and/or any of its managers and/or anyone on their behalf are not responsible for the fact that the server operating the site is clean from viruses or any other foreign components or elements which may harm or damage the purchaser’s personal computer when he enters and/or orders services and/or uses the site.  In addition, the company will not be responsible for illegal activities in the site which are carried out by any purchaser or any third party which is not under the company’s control.  The company will be entitled to discontinue or prevent the contact or the access of the purchaser to the site at any stage, in whole or in part thereof.

Indemnification and Compensation for Improper Use of the Site

·     Anyone who uses the site improperly must indemnify and compensate the company and/or the site owners and/or its founders and/or any of its operators and/or any of its managers and/or anyone on their behalf for any lawsuit and/or expense and/or damages of any type whatsoever, including legal expenses which will be caused to the company and/or the site owners and/or its founders and/or any of its operators and/or any of its managers and/or anyone on their behalf.

Ownership and Protection of Rights

·     The site contains various materials, which are protected by copyrights, trademarks (including ZER4U, “ABA@” etc.), other titles, including contents, pictures, graphics, music, video and sound, part of which are owned by the company and part of which are owned by third parties.  A purchaser and/or a surfer and/or any third party which performs activities in the site may not change, advertise, transmit or transfer, participate in a transfer or sale and use the site or part thereof for creating a derivative work or use the site and/or the contents of the site, all or part thereof, for a purpose which is not that for which the site was created.  The company allows the user to “download” data to his personal computer for the purpose of personal and uncommercial use only.  This permission, as any other legal activity in the site, does not grant the user any propriety right in the aforementioned information, in particular, and in the site and its contents, in general.

·     The user undertakes not to upload to the site information of any type whatsoever which violates the copyrights, trademarks and/or any other proprietary right and/or pornographic material and/or material including defamation etc.  If the user uploaded the aforementioned information and/or material, he is bound to indemnify the company and/or anyone on its behalf and/or the site’s operators for any damage and/or expense (including lawyer’s fees and legal expenses), which will be caused thereto as a result of the user’s aforementioned improper behavior.

·     The site contains links to other sites in the internet network.  The company supplies these links for convenience purposes only and it is not responsible for the validity and legality of the information included therein or in other sites which are linked thereto.  A purchaser who wishes to use these links does it only under his responsibility.

·     Everyone who wishes to create a link to this site in other sites is required to contact the company in writing and in advance in order to receive a written approval therefore, additional terms and place of jurisdiction.

·     The company is entitled to close the site or cancel the services or reduce them.  In addition, the company may change the Website Rules and Regulations from time to time.

·     Any dispute whatsoever between a purchaser and/or a surfer in the site and the company because of activities in the site will be clarified in each of the courthouses in Israel.

Customer Service

For various inquiries and additional information you may contact the representatives of the company’s customer service via e-mail, at info@Zer4U or Tel. 1-700-500-800 between Sunday-Thursday 08:30-19:00, Friday and holiday eves between 08:30-13:00.