INN7's Terms of Use

©2021 Syber Fashion and Marketing Ltd. ALL RIGHTS RESERVED. Please refer to the Terms of Use below.

This website is operated by Syber Fashion and Marketing Ltd (“Company”). The websites address for inn7fashion is https://www.inn7fashion.com (“Website”).  

These are the legal terms and conditions under which we supply the products listed on our Website (“Products”). Please read these Terms of Use carefully before ordering any Products from our site. Using our Website indicates that you accept these Terms of Use together with our Privacy Policy. If you do not accept these Terms of Use and/or our Privacy Policy, do not use our Website and place orders.

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. If you live in the United States, please read this carefully. Do not use the services on this Website, including purchasing any items, until and unless you have read these Terms of Use and have agreed to them.

1       GENERAL

1.1   Scope. Welcome to inn7fashion.com. These Terms of Use (“Agreement” or “Terms”) is a contract between you and the Company (collectively, “Company,” “We”, “Us” or “Our”), governing your use of our Website (the “Services”).

Our Website is operated by the Company. We are a company registered in Israel under company number 513033282 and with our registered office at[S1] [גט2]  Ben Yehuda 177,Tel-Aviv, Israel. Our email address is [email protected].

 

By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Website, downloading the mobile applications, registering an account, or contributing content or other materials to the Website, you expressly understand, acknowledge and agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms.

In addition, you may read our Privacy Policy at any time for more information about how We collect, stores, and protect your information when you use the Services. Our Privacy Policy is hereby incorporated by reference into these Terms as though fully set forth herein.

 

1.2   YOUR STATUS

         By placing an order through our Website, you warrant that:

  You may only purchase Products from us if:

• you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality
• you are legally capable of entering into a binding contract with us;
• you are an authorized user of the credit or debit card or payment account (i.e. PayPal,) used to pay for your order; and,
• are resident in a country that we deliver our Products to

 

If you have any questions regarding these Terms or our Privacy Policy, you may contact us anytime at [email protected] or +972-3-6201022.

2       USE OF OUR SERVICES

2.1   Representations.  Subject to the terms and conditions of this Agreement, We hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Website, or on your mobile devices only for the purpose of shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2   Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by Us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by Us in writing and in advance. We reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

2.3   You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

2.4   We may assign you a password and account identification to enable you to access and use certain portions of the Services.

2.5   Account Creation and Termination. In order to access some features available on the Services, you will have to create an account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use our Website in a manner consistent with the terms and conditions of this Agreement, and We have no obligation to investigate the authorization or source of any such access or use of the Services.

2.6   You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of this Website is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.

2.7   It is the customers sole responsible for the accuracy of data that they provide to Us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not hold responsible and will not offer any compensation in such cases. As the importer, customers are responsible to comply with all laws and regulations in their own countries. Please refer to our Privacy Policy for more information.

 

3       PRIVACY & COOKIE POLICY

When you use our Services and place orders through them, you agree to provide Us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that We may use this information to contact you in the context of your order if necessary

We respect your right to privacy. To see how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us, please see our Privacy Policy.

 

4       Orders

4.1   Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail).

4.2   Once you have selected all Products that you wish to buy, they will be added to your online basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step.

4.3   To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.

4.4   When you click "Authorize Payment", you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, We shall not be liable for any delay or failure to deliver and We will be unable to conclude any contract with you.

4.5   From time to time we may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements. If these changes touch upon the Product description or other mandatory information to be provided to you under the applicable laws, we will update Our Website immediately. If it appears necessary to make such changes to an ordered Product, we will inform you prior to the delivery and you will have the right to cancel the order and receive the refund with-out any deductions.

 

5        Delivery and Prices

5.1   Price and Payment. All prices are inclusive of VAT and other taxes (where applicable) at the applicable rate and are correct at the time of entering the information on to the system.

5.2   Prices of all Products must be paid in advance. For this reason, your order will be executed only if it is pre-paid. After you submit your order, we immediately contact your card issuer for authorization to take payment from your account. We will not process your order until payment has been received in full. When the payment is received in full amount, We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch (“Delivery Confirmation”) at which point the contract between us ("Contract") will be formed. These Terms, your order and the Delivery Confirmation constitute integral and essential parts of the Contract.

5.3   You have the right to cancel your order at any time prior to the delivery and within the limited return period after the delivery as specified in these terms. If you cancel the order before the delivery, you must compensate our expenses incurred by us in connection with our activities at performance of your order.

5.4   We offer you to buy a Product at any time unless the information about this Product is removed from our site or the relevant Product page becomes unavailable.

5.5   All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered plus the delivery charge.

5.6   Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.

5.7   Colors. We have made every effort to display, as accurately as possible, the colors of our Products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

5.8   Packing. Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.

5.9   Shipping & Delivery. We ship from our warehouses in Tel Aviv. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have any questions regarding shipping and delivery, please contact Us at [email protected].

5.10 If you return any Products to us - please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording having similar effect.

5.11 Title and risk of loss. Delivery to carrier shall constitute delivery to buyer, and thereafter risk of loss or damage shall pass to buyer. Any claim of buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by buyer against Us for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the Products and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Us in the condition claimed. Notwithstanding passage of the risk of loss to buyer, title and right of possession to the goods sold hereunder shall remain with Us until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash, and buyer agrees to do all acts necessary to perfect and maintain such right and title.

5.12 Return of a Product. Products can be returned within a designated period according to the applicable law. The exact return period and return policy differs from country to country. Please contact our customer service for the detailed information. Customers returning Products are responsible for freight charges.

5.13 Wrong size items and quality problem items can be exchanged. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will be paid to your account or to the original method of payment.

5.14 The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear.

5.15 You warrant that your use of Our Website and any purchase made in it, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify Us against any losses caused due to the use of the entries in our Website for any purposes.

5.16 In addition to the rights applicable to any use of our Website, when you post comments or reviews to the Website in social media, you also grant Us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this Website and that use of your reviews, comments, or other content by Us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third parties as to the origin of any order you make or content.

 

6       INTELLECTUAL PROPERTY AND OWNERSHIP

6.1   Content. The Website, including all of its information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content”) provided as part of the Services belong at all times to the Company or to those who grant us the license for their use. You may use the Content only to the extent that We or the usage licensers authorize expressly.

6.2   Our Marks. In addition, Company’s trademarks, service marks, icons, graphics, wordmarks, designs and logos contained in Our Website whether registered or not (“Marks”), are owned the Company. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. Company Marks, whether on any product offered for sale on the Website or appearing as a logo or text on any portion of the Website, is not a representation that Company is the owner of any copyright or other intellectual property rights in the Products offered for sale on the Website some of its Products is offered for sale from third party manufacturers and wholesalers.

6.3   Rights Reserved. Content on the Services is provided to you “as is” for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company or the respective owners or licensors. We reserve all rights not expressly granted in and to the content published in our Website. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of Company.

6.4   You agree to not engage in the use, copying, or distribution of any of the content published in our Website other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

 

 

7       EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

Strike, lockout or other forms of protest.

Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, Covid-19 or any other natural disaster.

Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.

Inability to use public or private telecommunication systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and We will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Terms or other contracts despite the situation of Force Majeure.

 

8       LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS

8.1   Company Liability. Unless otherwise indicated expressly in these Terms, our liability regarding any Product

and/or Service acquired on our Website shall be limited strictly to the price of purchase actually paid for the said Product.

8.2   Waiver of Liability. To the extent legally allowed, and unless these Terms indicate otherwise, we shall not  

accept any liability for the following losses, regardless of their origin:

loss of income or sales; operating loss; loss of profits or contracts; loss of forecast savings; loss of data; and

loss of business or management time.

8.3   Warranties. Due to the open nature of the Services and the possibility of errors in storage and transmission of

digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Website are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this Website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.

 

9       LIMITATION OF LIABILITY

9.1   PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF COMPANY TO YOU.

(1) BY USING THE SERVICES PROVIDED BY US, YOU HEREBY ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE WEBSIT, ON AN “AS IS” AND “AS AVAILABLE” BASIS, (2) WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR

(2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF OUR SERVICES OR THE SERVICES.

(3) YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES. (4) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE WEBSITE AND/OR THE SERVICES.

9.2   SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF   

LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

 

10     APPLICABLE LEGISLATION AND JURISDICTION

10.1 For Users outside of the United States:

Governing Law

 

The use of Our Website and the Product Contracts formed through said Website shall be governed by and interpreted in accordance with the laws of the state of Israel without regard to conflict of law principles.

 

Jurisdiction and Venue

 

You and Company agree that any and all disputes will be brought in the courts located in Tel Aviv, Israel and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions.  Notwithstanding anything to the contrary, Company may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

10.2 For Users within the United States:

 

Governing Law

 

The use of Our Website and the Product Contracts formed through said Website shall be governed by with the laws of the state of New York, USA, without regard to conflict of law principles. If you are entering into this Agreement as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in your jurisdiction.

 

IF YOU'RE A U.S. RESIDENT, YOU AND WE ALSO AGREE TO THE FOLLOWING MANDATORY

ARBITRATION PROVISIONS: WE BOTH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS OR DISPUTES IN COURT OR BEFORE A JURY, EXCEPT FOR DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR INFRINGEMENTS OR OTHER VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR ANY CLAIMS FOR INDEMNIFCATION BROUGHT OR ALLEGED BY US AGAINST YOU PURSUANT TO THESE TERMS. ADDITIONALLY, OTHER RIGHTS YOU MAY HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. FOR CLARITY, THIS CLAUSE 11 REGARDING BINDING ARBITRATION AND RELATED RIGHTS AND RESTRICTIONS, INCLUDING GIVING UP RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION CLAIMS, IS APPLICABLE TO ALL CLAIMS AND DISPUTES BETWEEN YOU AND US, EXCEPT FOR ANY CLAIMS OR DISPUTES BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATIONS TO INDEMNIFY US PURSUANT TO THESE TERMS.

10.3 BY EXPRESSLY AGREEING TO THESE TERMS AND BY USING ANY SERVICES OF OUR WEBSITE,

YOU AGREE THAT, EXCEPT FOR ANY CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATION TO INDEMNIFY US, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH OUR WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

10.4 The arbitrator will have exclusive authority to resolve any disputes relating to arbitrability and/or enforceability

of this arbitration provision, including any challenge that the arbitration provision, or any part of it, or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

10.5 We will be responsible for paying any individual consumer’s initial arbitration fees. But, unless any of the claims

brought affords the prevailing party an award of attorneys’ fees, and the arbitrator makes a determination to award reasonable fees to the prevailing party under the fee-shifting provided by applicable law, each party will bear its/his/her own attorneys’ fees.

10.6 You agree to an arbitration on an individual basis. In other words, in any dispute or resolution of claim,

NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES OR CUSTOMERS IN COURT OR IN ARBITRATION, OTHERWISE PARTICIPATE IN ANY CLAIM BROUGHT AS A CLASS ACTION OR CLASS ARBITRATION, OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You and We agree that the arbitrator or arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator or arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may be raised only in a court of competent jurisdiction.

 

11    MISCELLANEOUS

11.1 Entire Agreement

 

These Terms and our Privacy Policy constitute the entire and exclusive understanding and agreement between You and Company regarding your access to and use of the Services, including the Website and social media, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Company regarding the subject matter hereof.

 

11.2 Assignment

 

You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. Company may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.

 

12    CONTACT US

We welcome your questions and comments about our privacy practices or these terms. You may contact us anytime through the following email [email protected] .