1. Introduction:

• Welcome to the Website kerenfarago.com (hereinafter the “Website”) in which works of art are sold to its Customers (hereinafter the “Products”).

• The Website is managed and is owned by Keren Farago, authorized dealer no. 032312316 from Kibbutz Ein Zvi (hereinafter the “Website Owner”).

• If you have any questions and requests you can contact the Website’s Customer Service Center via whatsapp: 052-558-2211 during working hours Sundays – Thursdays between the hours of 10:00 – 17:00 or by email: kerenfarago@gmail.com

• It is emphasized that a user who performs any actions on the Website and all the more so makes a purchase, declares that by performing the action and/or the purchase he fully consents to the provisions of these regulations and as a result he will be subject to its terms and he and/or anyone on his behalf will not have any claim or lawsuit against the Website and/or the Website Owner and/or anyone on her behalf.

• You are welcome to read the above regulations from time to time since the Website reserves the right to change sections in it from time to time.

2. General:

• Wherever language denoting the masculine gender is used in these regulations – this also refers to the female gender since these regulations refer to both genders equally.

• The provisions of these regulations shall apply to any use made by the User (or the “Customer”) of the Website and they constitute the legal basis between him and the Website.

• The Website is accessible to users with various disabilities through a: “One Click Accessibility Toolbar” – from – One Click Accessibility and it helps accessibility on the Website.

• The service offered by this Website is provided within the territory of the State of Israel and according to the sole discretion of the Website Manager.

In addition, the Website Manager has the exclusive right to change the service provision territories: to add or exclude the service and this is without prior notice.

It is clarified that the delivery of the Products will be possible only when the address is within the specified service territories and there is no other impediment that prevents the delivery of the Products.

3. Products:

The Products sold on the Website are original paintings by the artist Ms. Keren Farago and/or anyone on her behalf, which are divided into two main groups:

1. A product made especially according to the Customer’s order (custom made product);
2. A product made for the general public (public product);

• The Website management may at any time change, remove, replace any of the displayed Products.

• The Customer hereby agrees that he will also be able to place an order for Products that are not in stock however, the Customer will not be charged for this Product.

In this case, the Customer will have the option to purchase another Product or receive full credit for the Product that is not in stock.

If such an order is canceled, the Website will not be responsible and it will not bear any direct, indirect, consequential or special damage incurred by the Customer or a third party.

• The Customer hereby agrees that any Product manufactured by the Website Owner may be sold a number of times as a copy at the sole discretion of the Website Owner.

• The Website management and/or the artist reserves the exclusive right to price each Product and/or its copy at a different price and the Customer and/or anyone on his behalf will not have any legal and/or other claim in connection with the pricing of the Product.

4. Orders and Purchases:

• In order to purchase a Product through the Website you must select the Product and fill in full and correct details according to the required fields.

If the details do not match and/or are incorrect, the Website will not be able to guarantee that the order will be carried out.

• The Website allows the purchase of Products via credit card and money transfers via the PayPal and Bit systems.

It should be noted that the clearing companies: PayPal and Bit prescribe private and specific policies regarding the use of the clearing and payment transfer system, therefore the Website management recommends to carefully read the terms of use for these systems.

• It will be clarified that section 4: “Orders and Purchases” applies in this context to the purchase of Products by credit card only, in other words the Website and/or anyone on its behalf will not be liable to the Customer for any direct or indirect damage caused for any reason as a result of use of the PayPal and Bit systems in connection with policies and/or regulations and/or different working methods customary in these systems.

• Filling in all the details required to purchase a Product, will be considered as placing an order by the Customer (hereinafter “Order”).

• Upon receipt of the order, the clearing system will check the credit card details and only after the order is confirmed by the credit card company, the operation will be approved and the Product will be shipped accordingly.

• For the avoidance of doubt, sending the e-mail to the Customer does not constitute evidence of an action and it does not obligate the Website.

• Final confirmation of the order will be sent only after the credit card specified in the order is checked and approved by the credit company, provided that the Product is in stock. The delivery date will be determined starting from the date of approval of the transaction by the credit company.

• If the order is not approved by the credit company, the Customer will receive an appropriate notice. In order to complete the order, the Customer will be required to contact the Website’s Customer Service to arrange the approval of the credit company of the order. For the sake of avoiding doubt, an action shall be considered as complete only after the credit details have been delivered by the Customer and the transaction has been approved. If the Customer did not act to arrange the approval within 3 business days from receiving the notice of the credit company’s refusal to give an approval to perform the transaction, the Website will be entitled to cancel the order.

• It is emphasized that, submitting false details is a criminal offense and the person doing so is subject to criminal and civil legal proceedings.

5. Payment Policy:

• The Website allows the Customer to purchase a Product in installments.

For every purchase over NIS 1,500, the Customer will be given the option to purchase a Product in 6 installments without interest.

6. Competency to Use the Website:

• The Customer will be entitled to order a Product, subject to fulfilling the cumulative conditions set forth hereafter:

1. The Customer’s age is over 18;
2. The Customer is legally competent to perform binding legal actions;
3. The Customer has an Israeli identity card or a valid foreign passport or it is a corporation legally incorporated and registered in Israel or abroad;
4. The Customer has a valid Israeli or international credit card, issued in Israel or abroad by one of the credit card companies;
5. The Customer has an electronic mail box on the internet and an address in Israel or abroad;

• The Website may prevent a user from placing an order on the Website in one or more of the following cases (a non-exhaustive list – subject to the sole decision of the Website Owner):

1. The Customer committed an illegal act and/or violated the provisions of the law;
2. The Customer has breached any of the terms of these regulations;
3. The Customer intentionally provided incorrect information during registration and/or later by telephone;
4. The Customer committed an act or omission that could harm the Website and/or the proper operation of the Website and/or anyone on its behalf and/or the ownership of the Website and/or anyone third party;

7. Canceling and Returning a Product:

• The Website’s policy regarding the cancelation and return of Products will be subject to Israeli law, including the Consumer Protection Law, 5741-1981 (hereinafter the “Law”).

• Cancellation and return of a Product will be done in writing via e-mail to Customer service and only after confirmation of receipt of the request to cancel the transaction.

• The cancellation of the order will be made from the day of the order until the next day before shipping. If it was shipped it cannot be canceled rather the Product can be returned subject to the relevant regulations and sections of the law.

• The Customer will be entitled to return the Product in accordance with the law and these regulations when it is packaged in its original packaging and without any use being made of it and/or any defect being caused to it and with the original invoice attached.

• The right of cancellation and return is not valid, inter alia, in accordance with the provisions of section 14C(d)(4) of the Law, when this applies to a Product made specifically for the Customer, (custom made product) in other words, section 3b of these regulations. [sic]

• Full monetary credit will be given for the returned Product, after deducting shipping fees and cancellation fees according to law, and this is only after it has been returned and its integrity has been checked by the Website Owner.

It is emphasized that debit cards cannot be credited, so debit card holders are entitled to receive credit on the Website only.

• A monetary refund for a returned Product will be transferred within 10 business days from the actual return date.

• The refund will be transferred to the means of payment from which the order was made and under the same conditions as the original transaction was made, in other words if the transaction was made in installments, the refund will also be made in installments.

• The Customer declares and confirms that if he wants to cancel a transaction he will not contact the credit company, rather he will contact the Website management, which will handle his request quickly and thoroughly.

• The Website may cancel an order in whole or in part according to the following conditions:

1. If there was any typographical error in the offer;
2. If it turns out that the order was accompanied by illegal activity of the purchaser and/or any third party;
3. When the transaction was carried out illegally and not in accordance with these regulations;

The cancellation of the order will be notified to the purchaser by telephone and/or in writing to the email address he specified when placing the order.

8. Shipping and Delivery Times:

• The Website and its management will provide a Product only when full payment has been made for it by credit card, to the address entered by the Customer at the time of giving the order, at the set date specified at the time of the order – unless otherwise written by the Website manager.

• For the avoidance of doubt the shipping fee will be paid in addition to the payment for the Product.

• Delivery of a Product will be within up to and no later than 14 business days from the actual order.

• The Product will be delivered directly to the address provided at the time of purchase of the Product.

• Only business days are calculated in date of delivery of the Product – Sundays to Thursdays (not including Fridays, Saturdays, holiday eves and holidays).

• The regulations and terms of the shipping company through which the delivery/shipping will be made will apply to every delivery/shipping of a Product and they will obligate the Customer.

• The Customer must immediately notify the Customer service on the Website if the Product was not delivered during the delivery period specified at the time of ordering.

• If the Customer does not wish to wait for the Product to arrive beyond the delivery period, the Website Owner will provide full monetary credit, after deducting shipping fees and cancellation fees, and subject to and in accordance with the contractual engagement with the shipping company and verifying the correctness of the complaint in the records of the Website.

• At the time of delivering the Product, the Website and/or the Website manager may require the presence of the credit card holder when delivering the Product, and/or to present the credit card holder’s identity card and/or the credit card holder’s signature on a voucher as a condition for the delivery of the Product.

9. Shipping Policy:

• Self-collection – the Customer can collect the Product he purchased by prior arrangement with Customer Service only – from the Keren Farago Art Studio in Maayan Zvi.

• As a result of the following events (and not only) the date of delivery of the Product can be postponed or delayed:
• The date for delivery of the shipment was adjusted by the Customer;
• A delay for any reason by the shipping company and/or other third parties;
• The presence of the Customer at the delivery of the shipment;
• War or security events;
• Strikes;
• Weather;
• Force majeure;
• Shutdown of the economy for any reason;
• Disruptions and/or delays due to the Coronavirus pandemic;
• Lockdown;
• Any event that is not under the control of the Website or its owner;

• If a shipment is postponed or delayed, the Customer and/or anyone on his behalf will not have any demand and/or claim and/or lawsuit of any kind against the Website and/or the Website Owner and/or the shipping company.

In addition, the Website is not responsible for any act and/or omission of the shipping company and it will not compensate for such events, including delays in delivery.

10. Advertisements/ Methods of Contacting the Customer:

• The Customer declares, agrees and confirms that the Website system and/or the Website manager and/or anyone on their behalf can refer “advertisements” to him the purpose of which is to encourage the purchase of Products by email and/or text message.

• The Customer declares agrees and confirms that the Website system and/or the Website manager and/or anyone on their behalf can contact the Customer about “Customer Service” issues at any time (during service hours at the Customer Service Center) by email and/or by text message and/or telephone call.

• The Customer is aware that he can at any time request to cancel the Website’s referral of “advertisements” to him by directly contacting Customer Service by email and/or by the remove link in any means of communication, in addition, the Customer further approves that he may not request to cancel the Website’s inquiries to him regarding “Customer Service” issues.

11. Additional Conditions:

• A typographical error in a Product’s description will not bind the Website. The images of the Product are for illustration purposes only and there may be differences between the images displayed on the Website, some or all of them, and the Products actually sold.

• The Products are delivered to the Customer by external delivery providers and they will be liable to the Customer fully and absolutely for any accident, harm, or any damage, without exception incurred by the Customer and/or another person, body and/or property due to the act or omission of its employees and/or its agents and/or anyone on its his behalf, in connection with everything resulting from shipping and/or delivery and/or installation and assembly of the Product.

• The Website and/or anyone on its behalf will not be responsible or liable for any direct, indirect, consequential or special damage caused to the Customer or to a third party, as a result of use or a purchase not in accordance with these regulations, whatever the cause of action will be, including loss of income and/or prevention of profit that will be caused for any reason, in which case the Website reserves the right to cancel the specific purchase in a written notice to the action performer.

• The Website and/or anyone on its behalf will not be responsible for the assembly and/or installation of Products purchased on the Website and this responsibility will apply to the Customer at his expense only.

• The computer records of the Website regarding the actions performed through the Website will constitute prima facie evidence of the correctness of the actions.

12. Warranty for the Products:

• It is emphasized that the Website and/or its owners and/or anyone on its behalf will not be liable for any direct or indirect damage to the Product from the moment it is delivered to the Customer.

• The Website and/or its owner and/or anyone on its behalf are not liable for any damage, including financial damage and/or anguish and/or damage to reputation and/or any financial damage related directly and/or indirectly to the Product and as a result, the Customer waives when purchasing the Product any financial and/or other demand from the Website and/or its owner and/or anyone on its behalf in this respect.

13. Confidentiality and Privacy:

• The user of the Website hereby declares and agrees that the submission of his details in the Product order form was done of his own free will and the filling in of the details necessary to place an order explicitly indicates his consent to this.

• Storing information in the database – the Website hereby declares that the details that the Customer will provide to the Website at the time of ordering the Product will be securely stored in the Website database, except for credit card information.

• The Website takes customary precautions to protect, as far as possible, the confidentiality of the information. However, in the event of events beyond its control and/or resulting from force majeure, the Website will not be liable for any damage of any kind, indirect or direct, caused to the Customer and/or to anyone on his behalf if this information is lost or if unauthorized use is made of it.

• The Website undertakes not to transfer the Customer’s details to a third party and not to make any use of the information without the Customer’s permission, unless this is required by law and/or to prevent its misuse. The Website will allow access to the information only to those employees who need the information for providing the service.

14. Security:

• The user of the Website hereby undertakes not to try and perform any action that will lead to any disruption in the proper operation of the Website, including but not limited to –

1. Scanning by using an internet and/or other tool of the Website for the purpose of penetrating it;
2. Unauthorized intrusion and/or penetration into the management system and/or the server;

• The site is secured using an SSL/ HTTPS certificate which is an encryption and security method for web pages when the communication between them and the browser is encrypted, and the identity of the party displaying the pages can be clarified.

• It will be emphasized and clarified that the Website management will not be tolerant of harm to its property and/or its customers and it will act in any legal way against a user who performs an action that is unauthorized and/or illegal.

15. Cookies:

• The Website will be allowed to use cookies.

• Using cookies by the Website allows him to identify the Customer and retrieve relevant information in order to provide fast and efficient service and to save entering recurring details and to allow for quick navigation on the Website.

• It is emphasized that the Customer will be able to cancel the option of saving cookies in the browser from which he browses the Website and thus prevent the Website from using cookies.

16. Intellectual Property:

• All copyrights and intellectual property on the Website, including all content contained therein belong to Ms. Keren Farago and/or kerenfarago.com (hereinafter: “Property Owners”).

• The content attributed to copyright and intellectual property is (and not only): the displayed paintings, images, logos, text, graphics, trademarks, icons and these are the exclusive property of the property owners.

• It is prohibited: to copy, publish, market, display in public, create derivative works, change pieces of information appearing on the Website, perform in public and lease – all either directly or indirectly and/or through a third party and/or in any other way or means, whether electronic and/or mechanical and/or optical and/or by photographic means and/or any other means.

17. Law and Place of Jurisdiction:

• In connection with the interpretation and/or enforcement of these regulations and/or action and/or dispute arising from these regulations and/or use of the Website and/or making a purchase on the Website (hereinafter – the “Dispute”), it is agreed that the Website’s legal counsel Harel Hasson – the law firm of Lavi, Rozales Sharafi & Co. will serve as the agreed adjudicator between the parties to resolve the dispute. In the event that the dispute is not settled as mentioned, it is agreed that the only the court in Petah Tikva will have exclusive jurisdiction to resolve the dispute between the parties. The law that will apply is Israeli law only.