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Statement of online customer service policy

General

This website, daviddagim.co.il, is an online information provider for David Dagim, Ltd., and enables the purchase of fish for human consumption and nutrition (hereafter: “the website”). Ordering fish (hereafter: “the services”) from David Dagim via the website is a binding procedure, equivalent to the purchase of fish in the store. The website is under the ownership of David Dagim, Ltd. Every customer and/or individual interested in purchasing services via the website, and/or any person entering the website (hereafter: “the customer”), declares that he is aware of this statement of online customer service policy, accepts it as binding and agrees to its stipulations. He or any party on his behalf will have no claims and/or suits, directly and/or indirectly against the website, and/or any of its operators, and/or any of its owners, and/or any of its managers, and/or anyone on their behalf. Some of the content on the website appears in masculine form for reasons of convenience only, but is intended for women and men alike. For reasons of convenience only, the terms and policy are presented in the masculine form, however, everything stated on the website relates to women and men alike.

David Dagim, Ltd. Customer Services is available to you during hours of operations on Mondays and Tuesdays from 9:00 A.M. to 6:00 P.M., and on Wednesdays and Thursdays from 9:00 A.M. to 7:00 P.M., and on Fridays from 9:00 A.M. to 2:00 P.M. by telephone: 02-624-6898. After hours, a call center will operate for leaving messages only, and messages left will be handled the following day.

Introduction

1. The titles and chapters are for purposes of convenience and orientation only, and will not serve the interpretation of terms and policy.
2. The stipulations herein will be in effect for all use and purchases made using the website and will serve as the legal basis for any subject or controversy that might arise between the customer and the website, and/or against any of its owners and/or operators. Subsequently, you are requested to read this statement in full, giving it your full attention.
3. Use of the website and any of the contents or services it provides, are offered to you subject to your acceptance of all terms included in this statement.
4. If you object to any term of the terms of this statement, you are requested to refrain from use of the website. By using the website and/or making purchases on it, you indicate your full agreement to everything in this statement and all of its terms.

Terms of use of the website

1. The website serves the public using the Internet in Israel for purchases of products. Individuals age 18 and above, with an email address and residential address in Israel, holding a credit card valid in Israel, are authorized to make purchases on this website.
2. Registration as a subscriber is for individuals age 18 and above. Upon your registration, you declare that your age is indeed over 18 years old.
3. The products appearing on the website are offered for sale for the most part by weight which determines their cost. The customer hereby allows the company to weigh the products without his presence, and he has nor will have any claims regarding a discrepancy over the weight of the product.
4. Most of the products are weighed at their gross weight, and after cutting the fish according to the customer’s request, the weight the customer receives is the net weight. Hence, the customer declares that he understands the process and that he approves the weighing, cutting, and preparation of the order without his presence and he will have no claims regarding a discrepancy over the weight actually received and the final cost of the product.
5. David Dagim makes and will make the maximum efforts so that the products will be provided in accordance with the weight of the order. There is a high likelihood of a deviation from the weight ordered and the actual weight supplied, since it is not possible for David Dagim to know in advance the precise weight of the products and/or to commit in advance to the precise size of the products (fish), and the customer will have no claim against the company or anyone on its behalf due to discrepancy as stated.
6. David Dagim is entitled to change its price for a product at any time at its exclusive discretion, without the website user having any claims against it for that reason. As long as the product is missing, the company is not obliged to provide it as a result of its unavailability.
7. You are entitled to use the content matter of the website in accordance with the terms specified in this statement only. The content matter is not to be used in another way unless approved by the company by explicit written agreement.
8. The management of the website is entitled to immediately suspend, block, and remove, or discontinue the user’s access to the service offered on the website, in the event that he breaches its terms.
9. By using the website and/or purchasing a product you agree to accept and behave in accordance with its stipulations and terms.
10. David Dagim is entitled to update the terms of use from time to time.
11. David Dagim is entitled to change the structure of the website from time to time, its content, its appearance, its terms of use, the scope and availability of services it offers, and any other aspect related to the website and its operation, none of which necessitates announcing the matter to the customer in advance.
12. No use of the website or through the website is permitted for purposes that are not legal. The website may not be used for advertising or conveying any information which is false, offensive, derogatory, threatening, damaging to another, pornographic, bearing sexual, racial, or illegal character.
13. No commercial use may be made of the website for sending advertisements or using it by any other means.
14. The prices on the website include V.A.T. according to law unless otherwise indicated explicitly.

Registration for the website:

1. Upon making a purchase of services via the website, the customer will be required to provide the system with personal details (hereafter: “details of purchase”). The online registrant is responsible for filling in his details in a precise manner in order to prevent errors and/or difficulty in making contact, and/or an error in the delivery. The owners of the website and/or any of its operators, and/or any of its managers, and/or anyone on their behalf are not responsible for an error made by the customer in typing the purchase information, including an error in the choice of the kind of fish and the manner of cutting it, and/or an error in the residential address, and/or telephone number to return to, and/or date, as well as any other service ordered by the customer via the website. David Dagim will not assume any responsibility, directly or indirectly, in the event that the purchase information is not received by the system, and/or any other technical problem, and/or other problem preventing the customer from purchasing services via the website.
2. Registration on the website is for personal and exclusive use and is not transferable. In the event that a user is interested in transferring his subscription, it is his absolute responsible to be precise regarding the details of the subscription to which the transfer is made in order for us to be able to make contact and supply the order.
3. At the time of registration, the user is solely responsible for the accuracy of the information he has transferred or advertised via the website. David Dagim is not responsible for the content matter advertised or transferred between subscribers.
4. The user declares that he is aware that David Dagim does not have the capacity or the option of checking, sorting, screening or blocking subscribers registered on the website.
5. Any individual who desires is entitled to use the website for the purpose of placing an order and purchasing fish.
6. Typing false purchasing information is a criminal offence. Legal measures will be taken against persons submitting false information, including damages claims for damages that may be caused to the website, its operators, and/or any of its owners and/or managers, and/or anyone on their behalf.

Placing an order:

1. The purchasing process on the website is conducted by choosing a product, then choosing how you want it cut, choosing the quantity, and adding things to your shopping cart. After completing the addition of all the fish, the customer proceeds to checkout. At checkout, the customer should check the kinds of fish and the quantities are chosen, and then provide payment information. At the conclusion of the process, an email will be sent to the customer with an order number and confirmation.
2. In light of the nature of the products requiring weighing, there may be discrepancies weights between the weight ordered by the customer on the website and the actual weight. The prices on the website are approximate as the price depends on the weight. We at David Dagim are not able to guarantee a precise weight and/or a precise final price prior to weighing. The amount charged will be in accordance with the actual weight of the fish and will be charged afterwards using the credit card information provided on the website.
3. The prices appearing on the website are prices that can change every day. The price depends on size and weight. (For example, the price of a small mullet weighing 500 grams is approx. NIS 38 per kilogram, while the price of a medium mullet weighing approx. 600 grams is between NIS 44 and NIS 48 per kilogram, depending on the season).
4. The payment for making a purchase will be made on the website following weighing. Any person who has a valid credit card from one of the credit card companies listed below is authorized to purchase services via the website. The credit card companies are Visa CAL, Visa Leumicard, American Express, Isracard, and Mastercard. The customer is entitled to use this website only for the purpose of placing an order and purchasing service, and/or getting information. This website is not to be used for any other purposes.
5. Payment on the website will be made by a credit card. The customer must pay with a credit card belonging to him, and his identity data must be compatible with the data submitted on the checkout screen. The credit card information is not saved on the website. It is cleared by a third party (the credit card companies) via their systems. You can go to the Isracard website or dial 1-800-840-840 for the call center for businesses.
6. The charge will be made by a credit card for which the customer has provided complete information. (In the event that the information provided is incomplete, the company is entitled to cancel a purchase that was confirmed. In the event that the credit card company refuses to honour the customer’s charges, a purchase that was confirmed will be cancelled, the product and/or service will not be provided, and there will be a cancellation fee as specified below as “cancellation policy.”
7. The user agrees and confirms that David Dagim is authorized to charge his credit card the sum for purchases made via the website. The company will not be responsible for any additional bank charges, interest charges, monetary charges, overdraft charges (negative balances), or any other fee and/or charge resulting from charges made by the company.
8. The company reserves the right to cancel any sale if it turns out that there has been a human error or technical error in the presentation of the product information, its price, terms of payment, or any other matter. In the event of such an error, a message will be sent to the customer’s email and/or we will notify the customer by telephone to the number provided with the order. The company will not bear responsibility for cancellation methods not reaching the customer’s email or for unanswered telephone calls, in the case that the email address and/or number for making telephone contact provided upon registration on the website is inaccurate or in the case of any technical problem.
9. Only upon completion of the weighing of the fish and getting the credit card approval will delivery be made to the customer’s home. Delivery of the order to the customer’s home will not be possible if credit card information is not provided. We are not obligated to have all kinds of fish at the time an order is made and/or all sizes of fish as they appear on the website. Types and sizes of fish may vary in accordance with the season and demand.
10. Lest there be any doubt, when the customer requests a particular cut of the fish, such as filet or any other kind of cut, the weighing and charge are for the whole fish prior to the cutting.

Specials and promotions

1. From time to time, David Dagim will offer special deals for products to promote sales (hereafter: “specials”).
2. In the event that David Dagim should decide to offer any kind of special, the special will be valid until the final date of the special as shall be determined, and/or until the inventory is depleted (according to the earlier of the two cases), and this is all subject to the terms and/or bylaws of the relevant special, and/or subject to what is stated next to the product offered in the framework of the special, and/or the decision of the manager of the website or anyone on his behalf to remove the special from the website.
3. David Dagim is entitled to change the specials on a daily basis and/or from time to time without prior notice.
4. To the extent that David Dagim offers gifts or benefits to its customers, the choice of the gifts and/or benefits will be at its sole discretion, and David Dagim will be entitled to discontinue and/or change any benefits, and/or gifts as stated at any time and without any prior notice.

Security

1. The David Dagim, Ltd. website is secured by means of an SSL security certificate.
2. The website makes use of cookies which are text files stored in the computer and uses third party services for the purpose of data processing. You can block the cookies by changing the definitions for your web browser. In the event that you block the cookies, some of the features of the website may not operate properly.
3. Google analytics – this website uses Internet data analysis services provided by Google, Inc. The collecting of data serves Google in consolidating activity reports regarding the manner in which the website is used. This can be prevented by downloading and installing an add-on to the browser.
4. Sponsored advertising – Google Ads is advertising software via Google for businesses interested in presenting ads on Google and its advertising network. Additional information can be found in Google’s advertiser guidelines for working with third-party partners.

Accessibility statement

1. We are trying to improve the accessibility of the website to the greatest degree possible, based on our belief and ethical commitment to enabling the use of the website by the entire population, including people with disabilities.
2. The website supports accessibility via a third party. Responsibility for the use of the software and the manner of application is the responsibility of the owners of the accessible website – the third party. It warrants noting that despite the great effort on the issue of accessibility, it may be that there will be parts of the website or capabilities of the website which have yet to be made accessible. In the event that you encounter any problem while using the website, please report the matter to us.

Database

1. Upon submitting contact information, the user enters into the David Dagim, Ltd., customer database, and thereby authorizes David Dagim and/or anyone on its behalf to send him marketing messages by email and/or telephone, and receiving electronic communications from the company by direct mailing, including text messages, email, registered mail, the Israel Post, messenger mail, telephone calls or by app push messages for purposes of promoting sales, marketing, etc. Likewise, it is used for the purpose of statistical data relating to patterns of use of the website and purchasing patterns of customers in order to improve service and the connection with users. Upon registering on the website, you agree that all communications that the company makes with you are with your full agreement and are an inseparable part of your subscription to the website’s services. In the event that you are interested in being removed from the database as stated above, you must notify David Dagim in writing in accordance with the stipulations of the law.
2. You have the option at any time to request to discontinue receiving marketing email messages and/or direct mailing by text from David Dagim. For your convenience, there is a link for unsubscribing from the distribution list in all marketing emails and text messages.

Cancellation/changing order policy

• In a regular season the cancellation of an order may be done prior to the beginning of its handling by means of the customer service telephone call center. The notice must be given by 10:00 A.M. on the day of delivery. There will be no charge for the cancellation.

• During a holiday season- in the event the customer placed an order and cancelled it after 10:0o when the fish has already been processed according to his request, the customer will incur costs for 25% of the value of the order.

• The right of the customer to return a product and/or cancel a purchase will only be in accordance with and subject to the stipulations of the law, including stipulations of the Law for Consumer Protection -1981, stipulations of the Sales Law -1968, and stipulations of the Charges Law -1986, and/or subject to the policy of David Dagim as it may be from time to time.

• Cancellation/change of an order can be made on the website or by means of the customer service telephone call center. In the event of a change to the order, the order may be changed prior to the process of processing the fish, whereas from the moment that the fish has been processed, no change can be made.

Terms and limitations

1. David Dagim is entitled to cancel or change the terms of receiving orders, as well as all prices advertised on the website at any time. The prices on the website are in New Israeli Shekels and include V.A.T. as per the law.
2. David Dagim is entitled to advertise specials, bonuses, and gifts from time to time as it sees fit, and to change and cancel without having to advise accordingly and without providing any explanations for the cancellation and/or change.
3. The products that David Dagim chooses to give as a gift to a customer can not be returned and/or exchanged, and the delivery in such a case is at the expense of the customer.
4. Despite that which is stated at every place in this statement, it is hereby clarified that there may be changes/deviations in supply times as well as in the hours of operation of the customer service call center. David Dagim is not obligated to these times.
5. David Dagim will try to provide its customers with the products they have ordered, but because the fish industry is subject to many factors, such as market shortages, changing sizes, seasons, etc. David Dagim can not guarantee to provide products to a customer even if it is stated that it is in stock or is not in stock. In the event of shortages, as stated, the customer will be updated by telephone or will receive a similar product as a replacement. David Dagim will not charge for a product that has not been provided.
6. David Dagim will be authorized to cancel an order for any reason whatsoever, and will not bear responsibility, and will not be responsible for any direct, indirect, consequential, or special damage caused to the customer or to any other party/third party as a result of cancelling the order, as stated, including if the cancellation of the order is because the product is out of stock or for any other reason.
7. In the event of incompatibility and/or dissatisfaction of the customer with the products received, the customer must advise customer service immediately upon receiving the delivery. The customer service call center will respond, whether by exchanging/returning/completing the product or by a monetary credit/charge to the customer in accordance with the matter and to the extent required by law. The return of perishable or spoiled products may be done within a number of days from receiving them, in the original wrapping, and/or in accordance with the stipulations of the law. Until their return, the products must be kept in suitable storage conditions and in accordance with the stipulations of the law.
8. All of the transactions will be subject to all of the terms and conditions as should be determined by David Dagim. It is hereby clarified that a precondition to the validity of any deal is approved by the credit card company for the deal for which any user has registered and for the option of charging the user’s credit card. The company reserves the right to cancel and/or delay the deal until the time of receiving approval from the credit card companies regarding all users registered for a particular deal.
9. The company guarantees not to provide customer information to a third party, as long as there is no legal imperative compelling it to do so.
10. Since we are talking about an online platform, the company is unable to guarantee absolute, hermetical protection against hacking of its computers or information exposure by parties conducting illegal activities. Should a third party gain access to information saved by the company and/or use that information abusively, the user will have no claim and/or suit and/or demand against David Dagim and/or anyone on its behalf.

Receiving an order

1. In a regular season, orders are taken until 3:00 P.M. and will be sent to the home of the customer on the same day. Order received after 3:00 P.M. will only be filled the following day unless David Dagim contacted has contacted the customer and scheduled another time with him.
2. During holiday seasons, the customer must place the order the day before receiving them. Orders will not be accepted for the same day unless David Dagim contacts the customer by phone upon receiving the order and advises that the delivery time will be earlier.
3. It is recommended to place orders early during holiday seasons and not to wait until erev hag – the evening of the holiday!!!
4. The accuracy of the data is essential to filling the order. As stated, care must be taken that the information submitted is accurate. David Dagim is not responsible for an error made by the customer in typing the purchase information, including a mistake in the choice of fish, date, as well as any other service ordered by the customer via the website.

Supplying the order

1. Upon receiving the order, the company schedules the exact time of delivery by telephone. In any case, the company is committed to making every effort to provide the order within two days of the placement of the order, subject to constraints of fish inventory and to distribution areas.
2. The definition of two business days is from Monday thru Friday, not including Saturdays and holidays.
3. The company reserves the right to change or postpone supply times at its discretion.
4. The time of completing the order by the customer will be considered as the time at which the order was approved, and in consideration of two cumulative conditions holding:

1. Confirmation by the supplier of the product being in stock.
2. Approval by the credit card company for payment of the product in stock.

The company does not guarantee that all products appearing on the website are in stock at any given time.

In the event that the customer or somebody on his behalf will not be present at the time of delivery at the requested address, the products will be returned to the store and it will be the responsibility of the customer for an alternative delivery time to be scheduled, i.e., the customer must take the initiative and contact the customer service call center and schedule a new delivery time. In such a case, the customer will be charged a delivery fee of NIS 35. The above will not hold in the event that the customer notes on the order that he agrees that the products be left by the door or at a neighbour’s whose name is written in the order. The sole responsibility for leaving products by the door or at a neighbour’s, as stated above, will be the customer.

Information and pictures on the website

1. David Dagim, Ltd., is the owner of the intellectual property on the website, its copyrights, and any other trademark, whether registered or not (hereafter: “David Dagim). Copying, duplicating, advertising, distributing, selling or changing pieces of information appearing on this website without written permission from David Dagim is prohibited. All rights to the website, without exception, are reserved solely to David Dagim. David Dagim reserves the right to close the website or change it at any time it should so desire.
2. There will be information on behalf of David Dagim on the website. All pictures on the website are intended for illustration only. Since the pictures are displayed on the screen of the customer’s computer and/or are printed by the customer from the computer screen, there may be differences and changes between the appearance of products in the picture and their appearance in reality.
3. The pictures are the sole property of David Dagim and any use of a picture without explicit written permission from David Dagim is damage to the intellectual property and copyrights.
4. The intellectual property of David Dagim, including copyrights and/or trademarks, and/or rights to the website, including design, software, applications, files, texts, pictures, are completely the property of David Dagim and/or third parties from which David Dagim has received licensing for use according to the law.

Limitation of liability

• David Dagim and/or any of the website operators, and/or any of its managers, and/or anyone on their behalf is not responsible should the server by which the website operates not be clean from viruses or other components which might damage the personal computer of the customer while he is using the website and/or purchasing services via the website, and/or using the website in another way.

• It is the intention of David Dagim, Ltd. that the website and its services be available at all times. Nevertheless, it is beyond the capacity of David Dagim, Ltd. to guarantee continuous availability without interruption and without “collapses.” Likewise, David Dagim, Ltd. is entitled to discontinue the use of the website from time to time for the purposes of its maintenance and organization. No financial compensation or credit will be provided due to glitches or cessation of service.

• David Dagim is not responsible for damage that may be caused as a result of a failure or delay at the time of trying to use the website, including use for the purpose of placing an order.

• The appearance of links to other websites is not a guarantee regarding their content matter and its credibility, completeness, or any other aspect of them. Links on the website may lead to other websites, which are not under the ownership or the control of the company. The company nor anyone on its behalf has not surveyed these websites, and do not have control over the content matter found on these websites. Connecting to the websites, the link alone, and/or downloading of information from linked websites, and/or relying on information from the linked websites, is your sole responsibility/the sole responsibility of the customer. David Dagim and/or anyone on its behalf does not declare or assume a commitment that downloading from linked websites will be legal, and/or that these linked websites will not contain viruses or damages of any other kind including affecting your computer equipment.

• With respect to articles appearing on the website as a medical recommendation or as a recommendation of any kind, David Dagim is not liable for the credibility of them or the completeness of their content matter. The content matter is taken from the websites appearing in the links at the bottom of the articles. David Dagim has no control over the completeness of the information or its accuracy. These articles are not presented in the form of a recommendation. David Dagim is not a doctor/dietician or any other professional of authority in the field of health. The sole responsibility for use of the content matter on the website is that of the customer, and David Dagim is not at all responsible for damage caused following the use of this information whether directly or indirectly.

• David Dagim will not bear responsibility for articles/pictures/abstracts, menus, recipes presented on the website. The company, any of its shareholders/anyone on its behalf, its managers/employees will not bear responsibility for loss/damage caused as a result of the customer relying on information available on the website. It is the sole responsibility of the customer to evaluate the information, article, menu, recipe, or any other content matter, presented on the website.

• David Dagim will not bear responsibility for illegal activity by any customer on the website or any other party not under its control.

• David Dagim also sells products of other companies via the website. In such a case, the terms of this policy will hold with alterations as required by the manufacturer/supplier of these products.

• Any trademark, whether registered or not, names of products, or any other trademark of another company that are found on the website belong to their owners.

• There may be errors and/or discrepancies in the marking of products.

• People with allergies of any kind must read the writing on the product wrapping prior to its use and should not rely on what is written on the website.

• The data appearing regarding the products, their composition, their characteristics, etc., were provided by the products’ suppliers and are therefore their sole responsibility, and David Dagim is not in any way liable in such matters.

• At any stage, David Dagim is entitled to discontinue or prevent connection or access of the customer to any part of the website.

• David Dagim or anyone on its behalf is not liable for any damage, whether indirect or direct (including economic damage, bodily damage, loss/pocket diminution, secondary damage, punitive damage; coincidental, special, consequential damage, or any other damage of any kind or type). Without damage to the generality of this statement, economic damages including loss of data, loss of profits, deriving either directly or indirectly in any way from the use of the website, from the supplying or lack of supplying products, or from any information/software/product/pictures/graphics/other related activities on the website, and/or derived in any other way from the website, including a credit card purchase by a minor or a legally incompetent individual without the authorization of a guardian without the agreement of its owner, or by any other third party entering the website and effecting damages, and/or any technical problem preventing action on the website, including placing an order, and/or a technical problem where the customer received confirmation of an order and this confirmation was not received by David Dagim because of a technical problem, David Dagim, nor anyone on its behalf will not bear responsibility directly or indirectly in such cases.

• David Dagim will not be liable for any matter related to the website, damages of any kind that might be caused to the customer and/or any third party as a result of the action and/or failure which is not under its control, including, and not only, matters of force majeure, such as war, earthquake, extreme weather conditions, etc.

• David Dagim will not be liable for any matter related to the website, for damages of any kind that should be caused to a customer and/or any third party as a result of a communications failure (Internet or telephone) claimed from the act and/or failure, and/or negligence of the Internet providers, and/or communications providers whoever and wherever they are.

• David Dagim will not be liable for any damage caused to a third party directly or indirectly in any matter connected to products purchased on the David Dagim website. Without diminishing from that stated above, in any case, David Dagim will not assume the cost of damages above what the customer paid for the product.

• In any case, David Dagim will not be liable for any action which is not under its complete control.

• David Dagim, Ltd. reserves the right to change this statement of policy and rules of use for the website from time to time. Any dispute, if and when it should arise, will be investigated in Israel, in the courts of the city of Jerusalem only.

• The law holding for this statement of policy or any action and/or dispute deriving from it, is Israeli law only.

The user declares and is committed to have read this statement of policy, its contents, and he agrees to its stipulations and terms, and that he and/or anyone on his behalf will not have any claims, and/or suits, and/or demands against the company and any of its owners and/or anyone on its behalf regarding that stated above.