Terms of use

Welcome to the website of Elbabour Galilee Mill at: www.elbabour-shop.com (the "website"). The website is owned and managed by Tony Kanaza (The "Website Management"). On entering the website and before making any order acquisition, please read carefully the terms of use (the "Terms of Use" and /or "Agreement") as described below.

1.Acceptance of the Terms of Use
1.1.This Agreement constitutes the sole legal basis for all litigation related the use of the website between you, the user of the website ("the User") and the website or its representatives.
1.2.Using the website or its services is an indication that the user has read, understood and fully accepted all provisions of the terms of use document and as will be updated by the website management from time to time. 
1.3.The access and use to some of the website content, including placing orders through the website requires completing the registration process which includes the provision of the user's contact information. The use represents that the user has read these terms carefully before registering, marked the appropriate check box at the bottom of the screen and checked the "I have read the terms and I approve" and will comply with the conditions and restrictions set forth in this Agreement. 
1.4.This Agreement shall be binding and will serve for the benefit of the parties, their representatives, heirs, and any other authorized representatives 
1.5.Terms and conditions phrased in the masculine form for convenience only and are intended for both Male and Female. 

2.The essence of the website
2.1.The website is a promotional site and a virtual trading arena of Elbabour Galilee Mill spice shop ("the Store" or "Elbabour Galilee Mill"), one of the oldest spice shops in Israel. The shop offers a wide products, such as coffee of different types, oils, grains and beans, dried fruit, incense, nuts, etc., as well as many homemade spices, all grounded locally at the store, and characterized not only by a unique flavor, wonderful aroma and perfect texture, but in being authentic: without preservatives, flavor enhancers, colorings and /or other synthetic materials which can be found in industrial spices.
2.2.The Website Management is investing great efforts in providing the users reliable and accurate contents. However, it should be emphasized that the availability of the products depends on other factors, so there may be cases in which, some products may not be available for purchase. 

3.The Use of the website
3.1.The user does not acquire any rights to the Website and/or the copyright and/or other rights inherent and/or related to it, except for the right to use it.
3.2.The user may use the Website for personal use only. The user  may not use any of the information contained in the website and herein for commercial purposes unless the user obtained a written approval to do so from the Website Management.

4.Conditions for Registration and Use
4.1.Any person over the age of 18, including a company or legal entity incorporated in Israel, may sign up, to use and to order products and/or services offered on the website subject to the following conditions :
4.1.1.The user is legally competence, over 18 and entitled to carry out actions without needing a guardian approval. Actions performed by minors will not obligate The Website Management.
4.1.2. The user owns a valid e-mail address.

5.The purchase process
5.1.It should be clarified that the presentation of the products on the website does not constitute an "offer" and the process of acquisition by the user will not be an "Acceptance". The Website Management invites the user to make proposals for the purchase of a product or service. The Website Management reserves the right to refuse orders from users on its sole discretion and subject to the law.
5.2.Online ordering of products is available via the website and requires the user to provide identifying information including the user's full name, email address, physical mailing address (including postal address), telephone and other contact information.
5.3.Placing an order process will be by entering the product page (eg. "lentil soup mixture Elbabour" under the "spices for soups") and adding it to the "shopping basket", updating the quantity of the products in the "shopping basket", and entering the order form by clicking on the "Checkout" and completing all the required details.
5.4.It is clarified that the website holds a minimum and maximum order quota and orders lower than 50  US Dollars will not be accepted. Payment for orders over 2 Kgs will be processed through mail or phone.  
5.5.As stated, payment for the order is done through most major credit card companies or through PayPal. To learn about the billing terms of PayPal, you may review PayPal purchases in the following address:
5.6.Ordering products is subject to availability of inventory products and is subject to the approval of credit card payment information or PayPal and final approval of The Website Management. Following the  verification of the payment details and approval of the Credit Card Company or PayPal, the user's purchase request will be transferred to the website for processing. Subsequently, the website will issue an order confirmation which will be sent to the user via e-mail which will include the order number and the details of the products ordered on the website.

6.Delivery of goods
6.1.It is the responsibility of the user to make sure that the details of the order are accurate and that the quantities of the products and delivery address are filled out accurately. The Website Management will not be responsible for any damage resulted from incorrect delivery information provided by the user; order quantities errors or incorrect product information was ordered.
6.2.After the ordering process is complete, the products will be sent to the user via Israel Mail ? in accordance with the address entered in the ordering process, except where otherwise specified by the user. The product price does not include delivery. Delivery charges will be indicated separately and will be charged for packages up to 2 Kgs (including weight of package), depending on the country of the delivery.  
6.3.The final cost of the delivery is subject to the Israeli postal rates and/or shipping method and the rates of the shipping company or delivery services in addition to handling fees. The user is aware and fully accepts that the final delivery rate will be determined by Website management according to the delivery provider rates. The user will not hold any claim regarding incurring additional shipping costs, where applicable.  For orders over 2 Kgs including weight of package, management will contact the user in order to complete the payment according to the shipping costs for the weight of the order.

6.4.It should be emphasized that delivery time specified in the website is an estimated delivery time and depends on the availability of products in inventory. The website does not hold any responsibility for damages or delays which are not subjected to the control of the website, including in case of an incorrect address entered by the user and/or events relating to the activities of the suppliers and/or the inventory of products and/or in cases of force majeure and/or other cases which are not under the control of The Website Management, including malfunctions resulting from the shutdown of the Postal Authority, transportation or any other party who is not under the control of the website .
6.5.Without derogating the aforesaid, if the delivery for the address listed during the purchase process, or the nearest post office to this address, delayed more than sixty (60) business days upon receiving the order confirmation from The Website Management, the user will have the option to request a cancellation of the purchase and receive a full refund. Such a request shall be in writing via email to: info@elbabour.co.il, or via the "Contact Us" form. Cancellation of the transaction in this case and the refund to the user is subject to The Website Management's review of the matter, with the cooperation of the user.

7.Cancellation of purchase and product return policy
7.1.All transactions carried via the website are subject to Israeli law and the Israeli Consumer Protection legislations. The purchase of the products and the guidelines to cancel the transaction is subject to the Consumer Protection Act 1981, the consumer regulations and laws accordingly.
7.2.It is clarified that user may not cancel and the website will not accept any cancellation of a transaction and/or recall of products manufactured at the request of the user and/or are perishable goods and/or for any reason which meets the conditions of section 14 (c)(d) of the Consumer Protection Act; This section is subjected to any law applicable in Israel, and unless the transaction is canceled due to a fault in the product and/or a mistake made by The Website Management. 
7.3.Subject to the above said, if the user wishes to cancel an order before delivering the product and/or production order, it can be done by using an appropriate request in writing via email to: info@elbabour.co.il, or form "Contact Us". 
7.4.Any cancelation of an order not derived from a defect or unsuitability of the product supplied, the website will charge a cancellation fee equivalent to 5% of the order value or 100 New Israeli Shekels - the lower of the two. The foregoing does not prejudice the right of The Website Management to operate for any other relief it is entitled by law.
7.5.It is clarified that The Website Management will not allow cancellation of an order and will not be responsible or held liable for any damages in the event of product exposure to water and/or moisture and/or sunlight and/or heat and/or adverse environmental conditions by the user .
7.6.Cancellation of an order due to a defect in the product - Elbabour strive for excellence, but unexpected errors do occasionally occur. The user must check the product immediately upon receipt and report immediately, and no later than 7 business days to The Website Management for any discrepancy or defect using a writing request, as mentioned above, and allow The Website Management to correct the defect and/or non-conformity and replace the defective product, the replaced product will be sent after the return of the defective product. If mismatch or defect cannot be repaired and/or if the user rejected the offer of the website, his money would be refunded in full after sending the product to The Website Management. It is clarified that delivering costs will apply exclusively on the user.
7.7.Cancellation of an order by The Website Management - it is clarified that in some cases, The Website Management may cancel the product order in the website, including, but not limited to, the following cases:
7.7.1.If any error is found, including human error on product information, characteristics, price, etc. as it appeared on the website.
7.7.2.If it is revealed that the product's order was contrary to the agreement and/or the terms of use of the various suppliers and/or causing damage to a third party.
7.7.3.If found that the item which was ordered is not in the inventory of the relevant supplier.
7.7.4.The Website Management will send the user  a notice of cancellation by an e-mail to the address provided by the user.

8.Ensuring the delivery details are correct
8.1.The user hereby declares that the personal information and all details provided by the user to the website or used by the user are true, accurate, current and complete. It is strictly prohibited to use the personal information of another person and/or pretend to other.

9.Website Availability
9.1.The website does not guarantee that the service provided on the website will not be interrupted and / or will be provided continuously without interruption. The user agrees that the website will not be liable for any direct or indirect damage, caused to him thereby.
9.2.The Website Management does not guarantee that all of the links and are intact and lead to the website or media channel active contacts.
9.3.The Website Management is not liable for any damage and/or loss including loss of profit resulting from technical problems and/or on-site communication problems affecting the process of ordering products and/or system compatibility issues to the devices of the customer and/or the user.

10.Storage and use of information 
10.1.The website will not provide the customer information to third parties.

11.Prohibited uses
11.1.The user undertakes not to make and avoid any illegal use of the website and any use that may be contrary to the terms of use, including the use of which may lead to damage or shutdown of the website or harm the user experience of other users on the website. In addition, the user agrees  not to obtain or attempt to obtain any information or content contained on any means other than the means provided by the website for its users, and not to collect any information about other users without their consent.

12.Intellectual Property
12.1.Elbabour Galilee Mill, is among the oldest spice stores in Israel, has been active for about 120 years as a family business, passed down from generation to generation. The spices and the products presented on the website is the result of many years of experience, investment and exercise great effort, authentic and unique characteristics. All intellectual property rights, including copyrights and trademarks (whether registered and non-registered), are the exclusive possession of Elbabour Galilee Mill and The Website Management.
12.2.All intellectual property rights in content appearing on the website, including website design, product names, including the spices, the blends and their composition, images including the order of the images, the method of presentation of the spices and/or order of the content on the website, graphic files, applications, computer code, text and/or any other material belonging to The Website Management or a third party that allowed The Website Management to use them.
12.3.You are prohibited from copying, in whole or in part, publicly display, distribute, publicly perform, transmit to the public, alter, transform, or build, sell or lease any of the content above, by any means and media whatsoever, without prior written permission from the rights holders. It is forbidden to use the above content and trademarks appearing on the Website and/or logo without the permission from The Website Management.
12.4.Any use that violates the copyright and/or intellectual property, as specified above, shall be grounds for closing the customer's account without prior notice, and the customer will bear all expenses incurred in The Website Management and/or users of the website for such use, and/or for closing the user account, and this, without derogating from any other relief that comes by virtue of The Website Management by this agreement and/or by operation of law. Intrusion into the computer system of the website is a criminal offense under the law of Israel.

13.Disclaimer website and/or its representative
13.1.The Website Management exercises a great effort to provide to the website users' reliable and accurate content. However, kindly note that processing errors may occur in the website. The website is not responsible for any damage caused by reliance on the content and any reliance on it is at the user risk. The user waives any claim or action against the website resulting from the use of the website content or relying on it.
13.2.It is noted that some of the products sold in the shop are attributed as Para- medical. It is clarified that the use of substances and mixtures does not replace consultation with medical officials. It is hereby clarified that the website personnel and the store does not bear any responsibility for the consequences of using mixtures and materials and shall be the solely responsibility of the user.
13.3.The photos displayed on the website are for illustration only and should not be seen as commitment of any kind on the part of The Website Management.
13.4.The Website Management shall have no obligation to compensate the user for any damage or loss occurred as a result of the consumption of products listed on the website and/or for reliance on the information provided. 
13.5.In any case, the liability of the website and/or its representative to the user does not exceed the amount paid by the user for the product at the time of purchase.
13.6.The Website Management or its representatives shall not be liable for any information, including advertising content or other commercial information published on the website. Advertising on the website does not constitute a recommendation and/or review or an opinion or encouragement from The Website Management to buy the product shown in the advertisement and/or use the Service or information presented in the advertisement.
13.7.The Website Management shall not be liable for any direct or indirect damage, to purchase and/or information, including the user's computer, hardware, its contents and/or software installed on it also for any loss of data, database and/or loss of income resulting from those caused as a result of using the website, its content, clicking on links to websites of third parties and/or referrals to web pages of third parties, and any action that may be caused by the use, directly and/or indirectly (including, Downloads hostility software, monitoring software, computer- virus/viruses, worms, trojan horses, etc.).

14.1.The user undertakes to indemnify The Website Management, its employees, and its directors or on its behalf for any damage, loss of profits or expenses incurred them due to violation of these terms and conditions by the user, including legal expenses. The indemnification shall not derogate from any relief that The Website Management or its representatives are entitled to by law.
14.2.The user will compensate and indemnify The Website Management, its directors, messengers/agents, authorizes, colleagues, other partners, employees and representatives, in respect of any claim and/or demand and/or damage and/or loss, loss of profit, fee or expense, costs and liabilities, including interest payments and the payment of reasonable attorneys' fees and legal expenses, incurred by The Website Management and/or someone on its behalf by the user as a result, the user does not comply with the provisions of this Agreement and/or breach of any legal provisions .
14.3.The user shall be precluded from raising any claim and/or demand against The Website Management and/or its representative, in terms of the liability limits of the damage as mentioned.
14.4.The Website Management will update the user as much as possible about changes in the terms of use, through the publication of a notice on the website, which will include the text of the amended terms, or refer to them.
14.5.The sole responsibilities of the website users' periodically check whether there have been changes, and whether these changes are relevant to them.
14.6.The user shall have no claim, sue and/or demand against The Website Management and/or his representative, in respect of the implementation of such changes and/or problems that may occur (if they do occur) while making them. 

15.Customers' members Club and Mailing List 
15.1.The Website Management is pleased to offer its loyal customers to join a members club to receive updates on the hottest deals on  Elbabour Galilee Mill, discounts, special events and activities.
15.2.In order to join the members club, the user is required to complete the registration process. The registration is subjected to the acceptance of these terms of service and to the approval of The Website Management.
15.3.The Website Management is pleased to offer the option to receive updates about the products and services that displays on the website, as well as for other marketing content from the website using a mailing list. Registration to the mailing list is carried out through Join the "customer club" and/or at the time of delivery name and email address of the user and a confirmation that "would like to join our mailing list" during the ordering through the "shopping cart" on the website. The user may request to remove himself from the mailing list or stop receiving updates from the website, and opt out by contacting the website form "Contact Us" and /direct request to the email address info@elbabour.co.il.

16.Privacy Policy
16.1.It is noted that when using the Website, The user agrees and acknowledges that information is collected about the pages the user visited and searches conducted on-site and on-site duration. The information does not identify the users personally and is collected for statistical use only. In addition, it is clarified that The Website Management may keep the details of messages sent between the user and The Website Management.
16.2.The website may send an ID file to the user, so as to enable it to identify the computer the user uses ("cookie") and the use of the information on this file. The user can avoid getting these files by changing the browser settings, but blocking them may result in some contents of the website will not be available for that user.
16.3.The website may keep in database information that the user sent during the user activities on the website including, inter alia, to carry out these activities: advertising, marketing and promotion, mailing services and making any use of the information in accordance with the laws of Israel. The website may send user an e-mail that includes marketing and advertising material, subject to the consent of the user. The user hereby agrees and acknowledges that the user shall have no claim or demand against the website for the use of the user details as set forth above.

17.Security system
17.1.The Website respects the privacy of the users and operates advanced security systems to secure the information submitted by them. Despite the efforts of information security it is not certain that such information will not be revealed in case of hacking the website or the website servers. The user agrees that the website will not bear any responsibility for the disclosure in any case of hacking the website or the website servers'. User waives any demand, claim or argument against the website because of it.

18.Dispute settlement, law and jurisdiction
18.1.The laws applicable on this agreement are the law of the State of Israel. Exclusive jurisdiction in any dispute arising from this Agreement or use of the website, subject to the competent courts in Nazareth.

19.1.We invite the user to contact us for any inquiry about the website or its terms, noting the full details, and promise to take care of these inquiries as soon as possible. Can be contacted by one of the following:
Sending an official appeal through the website.