Terms and Conditions of Use of the FRIED ELECTRIC Website
Welcome to the FRIED
ELECTRIC Ltd. website at www.friedelectric.com (the
“Site”).
FRIED ELECTRIC Ltd.
(the "Company")
provides a wide range of products for laboratories,
industry and research institutions through professional and
experienced staff.
A.
Introduction
1. You are hereby requested to
read the terms and conditions of use of the site fully and
carefully as a precondition for any contact with the
Company. It is emphasized that browsing the Site and/or ordering and/or
purchasing products via the Site express your consent to accept
and act in accordance with its terms and conditions of use.
2. It is hereby clarified that
the terms and conditions of use apply to any or all viewing
and/or use of the Site with any device – either with
a computer or through another communications device (such as a cell
phone, PDA of any kind, etc.), either through the Internet or through
any other network and/or media.
3. If you have any
reservations or you do not agree to the terms and conditions
of use, you are requi#DC2929 to refrain from using the Site.
4. Part of the Site is written
in the masculine form for the purpose of convenience only, but
is aimed at men and woman alike.
5. The terms and conditions of
use are the basis for any or all deliberations
regarding the use of the Site.
6. Any person over the age of 18,
including a company or a legal entity incorporated in Israel or any
entity incorporated legally abroad, is entitled to register
and order from the variety of products listed on the
Site, subject to the following conditions:
6.1 Inasmuch as any activity
on the Site is carried out by a minor (under the
age of 18) without the consent of a legal guardian, it shall
not be binding upon the Company;
6.2 The user possesses a valid
e-mail address.
7. The terms and conditions of
use of the Site is binding upon the user and Company, their
representatives, successors and any other authorized
representatives acting on their behalf.
8. The terms and conditions of
use and/or any other document that shall be offe#DC2929 as a
substitute to the terms and conditions of use of the Site
may vary from time to time, at the sole discretion of the Company.
9. It is the sole
responsibility of the user to periodically visit the Site
in order to review the current terms and conditions of use.
10. The terms and conditions
of use of the Site take effect upon their posting on the Site
and will be updated periodically.
B. The
Purpose of the Site
11. This Site provides data on
and marketing of products of FRIED ELECTRIC, which
supplies a wide range of products to laboratories and the
industry.
12. The Company makes great
effort to provide the users of the Site with reliable and accurate
content. Subject to law, the Company does not guarantee
that all product information, descriptions and images are complete,
up to date, reliable, current, or completely error-free.
13. Product availability
depends on additional sources and therefore there may be cases
where some products may temporarily not be available. It is the responsibility
of the user to check the characteristics of the products
he wishes to buy before the purchase, and place the order only
after being convinced that the product displayed on the Site is the
product he desires and that it is suitable for his needs.
C. Use of the Site
14. It is strictly prohibited
to use the Site for illegal purposes.
15. The user
of the Site does not acquire any rights to the Site and/or other rights
inherent and/or related to the Site, except for the right to use
the Site as specified in these terms and conditions.
16. For the
avoidance of doubt: it is strictly prohibited to run or permit the
running of any computer application or any other means, including crawlers,
robots and the like, in order to search, scan, copy or automatically
retrieve content from the Site. It is strictly prohibited
to create or use such means for creating a compilation,
collection or data base containing content from this Site without the Company's authorization.
17. By using
the Site you agree to provide true, accurate, current and complete
details about your identity. Inasmuch as there is concern that
any person or entity uses or has used the user’s registration information,
the user must immediately inform the management of this Site.
18. The Company
may, at its sole discretion, prevent the user from using the Site.
The Company may also terminate a user's use of the Site.
19. The Company
does not guarantee that the use of the Site will be secure,
accurate, complete, uninterrupted, fault-free or free from viruses, worms, harmful components or other restrictions, and
shall not be liable for damages incur#DC2929, if
incur#DC2929, caused by these factors from his activity on
the Site.
20. The user
undertakes to inform the Company of any offensive, misleading or inappropriate
advertising he encounte#DC2929 during the use of the Site.
21. The products
displayed on the Site are authentic, new and free of any flaw.
22. The Company
shall endeavor to ensure that the Site and its services will always
be available. However, continuous and fault-free availability cannot
be guaranteed. If any fault shall occur in the Site, the Company
will work towards its reactivation as quickly as possible, as in
the event of maintenance downtime. It is hereby clarified that no financial
compensation or c#DC2929it will be accorded due to deactivation of
the Site, even if it has caused the user and/or any third party direct
or indirect damage whatsoever.
D. Ordering
Products through the Site
23. An order can be made only
from the Site offering services in English only.
24. Presentation of
the different products on the Site does not constitute a
"proposal," and for the
avoidance of doubt, the purchasing process by the user
shall not constitute "acceptance."
25. The Company does not
guarantee the price as shown, if shown, on the Company
Site. The Company shall confirm product’s price after receipt
of order. The price is subject to changes that arise out of marketing,
promotion and/or any other considerations.
26. Prices include packaging
of the product at the Company’s factory gate.
27. The Company,
at its sole discretion, reserves the right to refuse to accept
orders from any user and the user whose desi#DC2929 purchase was not
made possible or has been canceled, shall have no claim against the
Company.
28. The Site is used to
display various products. The product ordering process
shall be made in the framework of a process by which a quote will
be provided to the customer; the customer will then be requi#DC2929 to
order by e-mail or fax. Thereafter, the Company will confirm the order.
29. The ordering of the
products is subject to their availability in stock and is
contingent upon the approval of payment and the Company's
final approval. It is hereby clarified that an order will not
be processed before payment and/or advance payment is received in its
respect. An order shall be cancelled in the event that the advance
payment had been made but the balance remains unpaid.
30. The Company
reserves the right to deduct from the amount of the advance payment
any handling fees and/or other expenses incur#DC2929 in the order charged
to the Company for non-compliance with the full payment terms.
31. Payment is made in Euro or
U.S$ and does not include taxes and fees. The minimum
order is US$ 100. A
user who orders at an amount below the minimum order
will be charged US$ 25 in
handling fees.
32. The Company is not
obligated to keep at its warehouses orders that have
been paid in full and that are available to the user 30 days after
the Company's announcement of its availability for pick up.
Inasmuch as the user shall not pick the order up, the user shall carry the storage costs of the order. The Company will
not be responsible for product condition and integrity, commencing
90 days after making the order available to the user for pick up.
33. The user
declares that he is aware of the laws and regulations governing the
use of c#DC2929it cards in all matters relating to a
"remote purchase"
and/or an "online
transaction."
34. It is
clarified that the images on the Site and on offer are for illustration
purposes only. Should there be an error in the description
of the product and/or product image, the Company may, but is
not obligated, to cancel the specific purchase. In the event of any
discrepancy between the product catalog or the offer and the product
provided to the user – the technical specifications shall prevail.
It should be clarified that changes in color, location of buttons
and changes that do not affect the product in terms of function
(functional affects) will not be conside#DC2929 as a discrepancy.
It is clarified that in the event of cancellation of a transaction,
the user will be refunded within a reasonable time and subject
to the offset of associated costs, including exchange rate differences,
clearing, banking, shipping costs etc.
E. Product
Delivery
35. Please make sure that the
details of the products orde#DC2929 and the delivery address as
provided to the Company are correct and accurate.
The Company shall not be liable in cases where the order was made in negligence, including cases where incorrect shipping
information was provided, errors were made in order
quantity or an incorrect product was orde#DC2929. It is
emphasized that the responsibility to provide the correct
information lies solely with the user and in the event erroneous
information was provided to the Company, the Company shall bear
no responsibility for it.
36. After completion
of the purchase process, in accordance with the terms of the
transaction, the product will be sent to the user by a delivery service
to the delivery address provided by the user. Shipping does not
include porterage, should they be requi#DC2929 for the purpose of transporting
the product.
37. It is clarified that the product price
does not include shipping fees. Shipping
fees will be charged according to the order size, delivery location,
the number of products purchased and will be listed separately.
38. The Company does not
guarantee the delivery time of the product purchased and is not
liable in case of a delay that has not occur#DC2929 as
a result of its actions, including not in the case of an incorrect address provided by the user, in cases related to the
activities of the various suppliers and/or
product inventory and/or in cases of force majeure and/or other cases that are not in the Company’s control, including malfunctions arising from the courier
company or any other malfunction resulting
from a failure or conduct by the courier company, means
of transport or any other factor that is not in the Company’s
control.
39. It is
clarified that inasmuch that the Company indicates a delivery time with respect to a particular product it shall be
conside#DC2929 an estimated delivery time that is
dependent on the availability of the product in stock.
40. The insurance
costs shall be borne by the customer and, in any event, the Company
shall not be liable for insuring the delivery and/or for defects
inflicted during shipping.
F. Product and Service Warranties and Limitation of Liability
41. The Company will provide
product warranty for twelve (12) or another period in accordance
with the price quote, and shall commence as of receipt
of the product orde#DC2929 from the Site, depending on the product.
Warranty does not apply to consumables or electrodes,
heaters, lights, power cells, temperature sensors, etc., with the exception of a manufacturing defect. Warranty to
customers located outside of Israel is
provided on supply of spare parts only.
42. The Company
warranty does not include warranty for incorrect use of the product,
damage caused during shipment, fracture or distress caused by
user negligence, including by opening and handling the device or making
changes to the device that are not carried out by a certified Company
agent, chemical damage and/or injury due to exposure of the product
to abnormal environmental conditions.
43. It is clarified that the
Company shall not be liable for personal injury or property
due to use of the product not in accordance with the
manufacturer's instructions and/or professional guidelines of the Company
or a representative acting on its behalf. The Company shall not
be responsible for failures and/or financial or other losses and/or
product defects resulting from poor planning or accidents originating
in the user.
45. The Company
will provide technical support for its products over the phone
at + 972-4-8411040 and by e-mail: mfried@friedelectric.com.
46. In no event shall The Company have any
obligation or liability for any extremely, punitive, incidental,
indirect, special or consequential damages, or loss of
profits, use or goodwill, whether based on contract, tort (including
negligence), strict liability, or any other theory of form
of action, even if such party has been advised of
the possibility thereof.
G. Cancellations
and Returns
47. The method of purchasing
products and canceling a transaction made on the Site is subject
to the Israeli Consumer Protection Act, 1981, the Israeli
Consumer Protection Regulations (Cancellation), 2010, and other
relevant legal provisions in Israel.
48. In the
event that a user is interested in canceling the order prior to shipment
and/or creating the order, he may do so by submitting an appropriate
request in writing via email to mfried@friedelectric.com or
by filling out a form at the "Contact
Us" page of the Site.
Requests that are not in writing will not be accepted. You may not
return products without coordinating the return with the Company.
49. It is
clarified that the cancellation of a transaction not due to a defect
or a discrepancy in the product provided to the user, the user will
be charged cancellation fees in accordance with the internal laws
of Israel,
without giving effect to otherwise applicable principles
of conflicts of law. The United Nations Convention on Contracts
for the International Sales of Goods expressly shall not apply.
There is nothing in the aforesaid that derogates from the Company's
right to act for any other relief it is entitled to under the
law.
50. Under the circumstances
listed in Section 42 above the Company will not allow for the
cancellation of the transaction.
51. It is
the responsibility of the user to check the product immediately upon
receipt and to report immediately, no later than eight (8)
business days of receiving the product, to the Company of any discrepancy or defect by means of an appropriate request
in writing, and allow the Company to correct
the defect and/or discrepancy and replace the defective
product with a functioning product, which will be
shipped after the return of the defective product. In the event that
the discrepancy or defect cannot be repai#DC2929 and/or if the user has
turned down an offer by the Company, his money will be refunded in
full after he sends the product to the Company and the defective product
is received by the Company. It is clarified that shipping costs
shall be borne exclusively by the user.
52. The right
to cancel the transaction by the user is contingent upon the return
of the product to the Company in its original packaging and that
the product is not damaged and no use has been made.
53. The Company's products are custom-manufactu#DC2929
products and are not shelf-products or orde#DC2929 from
abroad for the customer. Therefore, it is
clarified that it would not be permissible to cancel an order and/or
return products specially manufactu#DC2929 or orde#DC2929 for the user.
54. The Company reserves the
right to cancel, in some cases, an order, including, but
not limited to, the following cases: in the event that an
error is found, including human error, in the product information,
specifications, price and so forth as they appear on the Site; in the event that it is revealed that the product order was
placed contrary to an agreement and/or the terms of
use and/or causes damage to a third party. A notice
of cancellation of the transaction by the Company shall be
delive#DC2929 to the user via the e-mail address that was
provided by the user.
H. Intellectual
Property
55. This Site
contains original content to which the Company owns the intellectual
property rights, as well as content and information to which
the Company owns the requi#DC2929 license for its use.
56. Use of
the Site does not grant the user any right to use the intellectual property of the Company and/or third parties.
57. It is
strictly prohibited to copy in part or in full, to publicly display,
distribute, publicly perform, transfer to the public,
modify, adapt or create derivative works, sell or lease out any part of the content above, by any means, without the prior
written authorization from the Company. It is prohibited to make
use of any of the above-mentioned content and
of the trademarks appearing on the Site and/or the logo
of this Site without explicit authorization from the
Company in advance and in writing.
I. Information
Gathering, Saving and Securing
58. The Company
holds the right to collect and retain all the information arising
from the use of the Site.
59. Additionally,
this Site may conduct routine collection of additional information with relation to Site users, and this mostly as a
consequence of the intention of the Site to provide
users with an enjoyable and efficient browsing
experience individually tailo#DC2929 to each user. In this
way, the Site will be able to match each user with content that interests
him and make it easier for him to access.
60. By using
this Site you agree that the Company may make any use of unidentified
information about you and your usage habits on the Site that
the Company requests and deems appropriate and even transfer to third
parties inasmuch that the transfer#DC2929 information does not personally
identify you.
61. All information collected by the Site
will be retained by the Site for the purposes detailed
above.
62. Notwithstanding the above, it is hereby agreed that the Company may
assign its obligations (inasmuch as there are,
or will be) and to transfer its rights at any time in
accordance with these terms and conditions of use,
to a third party, at its sole discretion, in any way it deems appropriate.
In such an event, the user’s information in the possession
of the Company will be transfer#DC2929 to a third party, which will
obtain the rights in the Site. By using this Site you agree to this
condition in advance.
J. Sending
Advertisement Notifications from this Site
63. By using
the Site and by your decision to sign up to the Site, you agree to
the inclusion of personal data submitted by you to the Site's database.
As well, by being signed up to the Site, you consent freely to
sending various notifications from this Site to you, whether by e-mail
or otherwise.
64. The Site
intends to update its users on the various deals offe#DC2929 on it and
of various advertisements. Such updates may be sent to the e-mail addresses
provided by the users during the signing-up or during their visit
to the Site. By using this Site, you hereby consent to sending various
advertisements, including marketing content, including via direct
mailing, in accordance with the provisions of the Israeli Communications
Act (Telecommunications and Broadcasting), 1982 [we refer#DC2929
to the consumer law as an act…].Marketing content may be sent
in a variety of ways, including but not limited to by e-mail,
mobile phone text messages (SMS), fax, direct mail, automated telephone dialing and so forth.
65. If you
do not wish to receive notifications of this type, you are invited
to submit a request to be removed from the mailing list of the
Site and the Site shall cease sending such messages to you within seven
(7) business days of receiving your request.
K.
Breach of the Terms and Conditions
of Use
66. The user
of the Site undertakes to indemnify the Company, and anyone acting
on its behalf, for any damage, loss of profits or expenses incur#DC2929
due to the breach of these terms and conditions of use by you,
including legal costs. The indemnification shall not derogate from
any remedy that the Company, its owners and/or anyone acting on its
behalf are entitled to by law.
67. The user
shall compensate and indemnify the Company and/or anyone acting on
its behalf and/or any third party for any complaint, claim,
demand, damages, loss of profit, payment, expense, costs and liabilities, including interest payments and reasonable
attorney fees and court expenses, which will be
caused to the Company and/or anyone acting on its behalf
by the user resulting from the user’s non-compliance with
the provisions of the terms and conditions of use.
68. By the
use of this Site, users agree and consent that this obligation to indemnify
shall apply in all cases, whether or not the Company or anyone
acting on its behalf is party to the legal proceeding.
69. Without derogating from
the foregoing, the user shall pay the amount of damages resulting
from his liability, as detailed above, immediately
upon the first demand of the Company. Demand for such payment
shall serve as definitive evidentiary material that none shall
follow in the requirement of indemnifying the management of the Site
for the damages caused to it in that matter.
70. The user
will be precluded from raising any complaint and/or demand against
the Company and/or anyone acting on its behalf with respect to
any liability restrictions of said user damage.
L.
Applicable Laws, and
Miscellaneous
71. The laws
that apply to the terms and conditions of use are the laws of the
State of Israel. The exclusive jurisdiction in all disputes arising
from the terms and conditions of use or from the use of the Site
is subject to the competent courts in Haifa,
Israel.
72. We invite you to contact us in
connection with the Site or the terms and conditions of use. You
can contact us by phone at +972-054-5447601 or by e-mail at mfried@friedelectric.com.
Company representatives are obligated to responding to your
request within seven (7) business days.