Welcome to the MISHEE website (“the Site”). The Site is operated by Mishee Ltd., Company ID 516583226 (“Site Management” or “the Company”). The Site serves as an e-commerce platform offering various products for sale (“the Products”). Contact details: Email address: [email protected], Phone number: 0523531222 (“Contact Details”).
General Terms
1. The terms mentioned herein apply equally to both genders, and the use of the masculine form is for convenience only.
2. The provisions of this regulation, the terms of use, and the privacy policy presented on the Site define the legal relationship between you and the Site (“the Terms”). The Terms apply to all Site users and to any order placed by a user on the Site, constituting an agreement between the user and the Company.
3. The Company reserves the right, at its sole discretion, to update, modify, cancel, delete, add, or deduct from the Terms without prior notice. Updated terms of use are binding from the moment of their publication on the Site, and continued use of the Site constitutes renewed consent to the Terms and changes made therein.
4. The Terms apply to the use of the Site via any computer or communication device (such as mobile phones, tablets, etc.), whether through the Internet or any other network or communication means. There may be differences in site usage between desktop and/or portable computers and mobile phones or tablets.
5. Nothing in this regulation detracts from the provisions of the Consumer Protection Law, 1981, and the regulations enacted thereunder, as they apply to the Site (“the Provisions”), except in cases where it is possible to waive such provisions, and such waiver has been made within the framework of the Terms, explicitly or implicitly.
6. The Company and Site Management make their best efforts to present the most complete and comprehensive information about the Products. In any case where a user finds an error/deficiency or any other mistake, he should contact the Company, which will act to correct it, should it find it appropriate. Furthermore, the Company does not guarantee that the use of the Site will be uninterrupted due to hardware, software, communication lines, or internet network malfunctions. The Company is not responsible for the proper operation of the national and global internet network and the company’s registration systems and/or for distorted reception of data or any other disruption or malfunction.
7. The section titles in this regulation are for user convenience and orientation only and shall not be used in the interpretation of the regulation.
8. It is prohibited to copy, use, or allow others to use, in any other way, the contents from the Site, including other websites, electronic publications, printed publications, etc., for any other purpose.
9. A user who has agreed to receive advertisements from the company and no longer wishes to receive them is responsible for removing themselves from the distribution list. If the user does not do so, they shall have no claim or demand against the company regarding continued receipt of advertisements.
10. Any person, including a corporation, is entitled to use the Site and make purchases through the Site, subject to being legally competent to perform binding legal actions and having a valid credit card (issued by one of the credit card companies) (“the User”).
11. If the user is under the age of 18, the use of the Site is conditioned upon receiving parental consent and/or the consent of their legal guardian (as defined in the Legal Competence and Guardianship Law, 1962) to the terms of use, including the privacy policy of the Site. Entering the credit card details of a parent and/or guardian will be considered as their consent to the purchase made by the minor user.
12. By placing an order on the Site, the user agrees to receive direct mail to the email address they provided, in accordance with section 30A of the Communications Law, and this shall not constitute grounds for any future claim against the Site management.
13. The company commits not to transfer personal details of its customers to any external party.
14. CopyrightThe Site, including the content, information, trade marks detailed in it, and all intellectual property rights published on it (including patents, copyrights, designs, models, and trade secrets) are the exclusive property of the company or third parties who have permitted the Site management to use them. These rights apply, among others, to the data on the Site, including the product list, product description and design, and any other detail related to its operation, the website name https://mishee.shop, and the trade name mishee. Use of them without written and prior consent from the Site management is prohibited.
15. It is forbidden to copy, duplicate, distribute, sell, market, rent, store, or translate any information from the Site, partially or fully, temporarily or permanently, in any form, without prior and written approval from the company.
16. Linking to content on the Site, other than the homepage of the Site (deep linking), is not allowed, nor is it permissible to display or publish such content in any manner, unless the deep link is to the full and complete internet page on the Site, in such a way that it is fully and identically usable to the use and viewing on the Site, with the consent of the Site management.
17. The Site management may instruct to cancel a deep link even after granting its consent, at its sole discretion, and in such case, there shall be no claim, demand, or lawsuit against the Site management.
18. Without detracting from the above, the user hereby commits to refrain from any use of the Site that may harm the company, the Site management, or any third parties. The user is granted the right to make personal and fair use of the Site (and the Products related to it), subject to the terms of use detailed in this regulation and any law, and in any case, the user or anyone on their behalf shall not make commercial use of the Products or contents thereof.
19. LiabilityThe company (and/or those on its behalf) does not bear any direct or indirect responsibility for any damages arising or related in any way to the use of the Site. The responsibility for the quality of the products lies with the manufacturer according to the Consumer Protection Law and the Defective Products Liability Law. Subject to any law, the company’s liability for products is limited to the cost of the product to the user only.
20. The information on the Site should not be considered as a guarantee for any outcome or responsibility for the effectiveness of the product, and the company will not be responsible for any damage, direct or indirect, resulting from reliance on this information.
21. By ordering the product, the user confirms that the company is not responsible for any physical damage and it is the user’s responsibility to perform a sensitivity test before using the product and to follow the manufacturer’s instructions listed on the product and the Site.
22. The company (and/or those on its behalf) does not bear any direct or indirect responsibility for damages resulting from the use and/or reliance on information published on external websites, which can be accessed through any of the services on the Site. It should be clarified that the company does its best to cooperate only with reliable and reputable suppliers.
23. The information on the Site should not be considered as a guarantee for any outcome or responsibility for the effectiveness of the product, and the company will not be responsible for any damage, direct or indirect, that may be caused as a result of relying on this information.
24. The company (and/or those on its behalf) does not bear any direct or indirect responsibility for damages arising or related in any way to the use and/or performance of the Site.
25. In cases beyond the company’s control and/or arising from force majeure, the company will not be responsible for any damage of any kind, indirect or direct, caused to the user and/or anyone on their behalf if this information is lost or if unauthorized use is made of it.
26. In any case, the company will not bear responsibility for any activity of any other entity that is not under its full control. Additionally, the company will not be responsible for damages caused due to circumstances such as force majeure, war, public order disturbances, or restrictions imposed by laws, regulations, legal orders, network restrictions, and security restrictions.
27. The user will compensate the company for any damage, injury, loss, expense, or payment, direct or indirect, caused to the company, including attorney fees and legal expenses, due to violation of the Terms, violation of the Consumer Protection Law provisions, or violation of any law by the user, and will compensate the company for any claim, lawsuit, or demand raised against the company by any third party due to such violation.
28. The user will compensate the company for any claim and/or lawsuit filed against the company in connection to contents uploaded by the user to the Site. It is prohibited for the user to upload to the Site any content or information that could be deemed as forbidden for publication because it is offensive and is considered defamation, harassment, racism, emotional harm, content or information that might prevent others from using the Site, content that might violate intellectual property rights of others, content and information that could damage computer systems, content and information that could encourage or assist others to commit an illegal act or that might lead to legal liability.
29. Use of the SiteThe company reserves the right to refuse service and also to block a user’s access to the Site and its services or parts thereof, including the database, blocking an email username, not publishing comments, etc., at its sole discretion and without prior notice, in any case of violation of the Terms.
30. The company may prevent a user from making a purchase on the Site temporarily or permanently, at its sole discretion, without providing prior notice or reasoning.
31. Product Purchases and OrderingProduct images on the Site are for illustration purposes only, and there may be differences between the image and the sold product due to electronic media limitations (color transfer, shades, etc.) or changes made to the products over time.
32. Purchasing products will be done by adding products to the shopping cart. After adding products to the shopping cart, the user will enter the following details in the designated online form during the ordering process: first name, last name, phone number, email address, in addition to the recipient’s details: first name, last name, phone number, locality, street, house number, floor, apartment, entrance, and any other identifying detail that could assist the delivery personnel in easily delivering the asset to the delivery address, including notes and information regarding the delivery action and/or if the recipient is not at home (“the online form” and “the recipient” respectively). To complete an order on the Site, it is mandatory to fill in the fields marked with an asterisk, as not filling these fields will not allow the order to be completed.
33. The user agrees that providing personal information through the online form is done with consent and willingly. Entering details as mentioned indicates consent. These details will be stored in the Site’s systems.
34. To prevent any possibility of delivery error, the user must provide accurate and correct details and verify their correctness.
35. Upon completing the order, the user will confirm the order details and the accuracy of the information provided.
36. Providing all details accurately and correctly is a prerequisite for executing the order efficiently and without faults. If incorrect identification details are provided at the time of the order, the company cannot guarantee receipt of the package. In the case where the package ordered is returned to the company due to this error, the customer will be charged for handling and shipping fees. Please ensure to provide accurate and up-to-date details.
37. Adding the product to the cart, filling in all required details for purchasing the product by the user, and completing all stages of the ordering process on the Site, including making the payment, will be considered as placing an order (“the Order”). Confirmation of the Order is subject to the credit card company’s approval as detailed in clause 43 of this regulation.
38. If the credit card company and/or the clearing company did not approve the transaction, or for any other reason, payment from the user was not received, the order will automatically be considered as canceled. The company will bear no responsibility for canceling the order as mentioned in this clause and the user and/or anyone on their behalf will have no claim against the company for such cancellation.
39. Payment for the products will be made using a credit card or through an “electronic wallet” service such as “Apple Pay” or “Bit”.
40. The company will not use the user’s payment details except for making a payment for a transaction requested by the user, and these details will not be transferred to any other party except for this purpose. For the avoidance of doubt, payment details are not stored in the company’s information databases.
41. The Site management reserves the right to stop the use of any payment method on the Site (credit card companies, types of credit, digital wallets, etc.), to allow the use of additional payment methods, and to apply different payment arrangements for different types of credit cards or payment methods honored by the Site management.
42. After placing the order, an email confirmation regarding the receipt of the order details will be sent to the user. It should be clarified that this confirmation only acknowledges the order placement and does not confirm that the order has been approved by the company.
43. Immediately after placing the order, a preliminary notice containing the order details will be sent to the customer. It is important for the customer to understand that this confirmation does not obligate the company and/or those on its behalf to supply the ordered products, and it only indicates that the order details have been recorded in the system. After receiving approval from the credit card company to make the purchase, the order will be considered as executed, and the process of supplying the ordered products will begin, provided that the order details were fully and accurately recorded in the system and provided that the product is in stock (“Order Confirmation”).
44. If the credit card company did not approve the transaction, a message will be sent to the customer, and the order will be considered as canceled. The company will bear no responsibility for the cancellation of the order and the user and/or anyone on their behalf will have no claim or lawsuit against the company due to the cancellation as mentioned.
45. In the event that the ordered product is out of stock, the user will be notified accordingly.
46. The estimated delivery date will be communicated to the user upon order confirmation.
47. If the user receives a defective product or is erroneously charged by the credit card company, the user must notify the Site management within 14 days of receiving the order or the invoice, using one of the contact details mentioned at the beginning of this regulation.
48. In case the user receives a defective product, the company will provide a new product and collect the defective one. If the product is not available in stock, the company will collect the product from the user and refund the cost against it, provided the user notified as mentioned in clause 47 above.
49. If the user was erroneously charged by the credit card company, the user will be credited for the mistaken charge, provided the user notified as mentioned in clause 47 above.
50. Delivery and Shipment of ProductsThe delivery of the product by the Site will be made to the address appearing in the order confirmation.
51. The Site commits to supplying the goods within the delivery time frame detailed on the Site to the desired destination to the best of its ability. The delivery times of the products do not include Fridays, Saturdays, holiday eves, and holidays, and the day the order was made.
52. The delivery of products will be carried out by Israel Post or a courier company, where the delivery of the products will be according to the terms of the courier company and the delivery areas of the courier company.
53. If the courier company and/or Israel Post are unable to deliver the shipment to the delivery address for any reason, the Site management will notify the user and will seek an alternative solution according to the company’s discretion.
54. The products will be shipped subject to the delivery time of the courier company and Israel Post and are not subject to control and supervision by the Site management.
55. Please note that in addition to the cost of the products, you will also bear the shipping fees, as detailed in the ordering process.
56. Shipping fees will be paid along with the payment for the product. If the user splits the payment for the products into installments, the Site may collect the full shipping fees with the first charge.
57. The Site will not be responsible for any delay and/or failure in delivery and/or non-delivery of the products caused as a result of any of the following reasons: (1) force majeure (including war, military operation, emergency operation and/or natural damage and/or events not under the control of the Site such as strikes and general shutdowns and/or at suppliers of services or goods for the production supply or their delivery); (2) when dealing with a normal work routine that does not include a lockdown or emergency order due to the COVID-19 pandemic or any other government mandates and emergency orders that are not under the company’s control; (3) any reason not under the control of the Site and/or the company; (4) a reason related to the delivery execution.
58. The user must immediately notify the Site if the product is not supplied within the delivery period detailed in the order confirmation, and the company will do its best to deliver the products.
59. Return, Exchange, and Cancellation PolicyCancellation by the UserCancellation by the user will be in accordance with the provisions of the Consumer Protection Law, subject to the provisions of any law. Where there is a contradiction between the terms of use and the provisions of the Consumer Protection Law, the provisions of the law will prevail, including in matters relating to the rights of users who are over 65 years of age and/or a person with a disability and/or a new immigrant as defined by the law.
60. Cancellation by the user will be made by delivering a cancellation notice to one of the contact details mentioned in the introduction to this regulation, wherein the user requests to cancel his order, stating the order number, his name, and ID number, within 14 days from the order confirmation date or from the date of receiving the product, whichever is later.
61. Cancellation by a person with a disability, a person over the age of 65, or a new immigrant will be made by submitting a notice of their wish to cancel, along with the order number, within four months from the order confirmation date. The company may request proof that the user is a person with a disability, over the age of 65, or a new immigrant.
62. In case cancellation of the transaction is due to the user’s remorse, the company is entitled to charge cancellation fees at the rate of 5% of the total transaction amount (up to a maximum of 100 NIS), whichever is lower (“Cancellation Fee”).
63. If the user cancels the transaction, he must return the product to the company’s address or an address provided to the user. A courier on behalf of the company will collect the product, and the shipping cost will be deducted from the credit the user is entitled to due to the cancellation.
64. The company will carry out a monetary refund for the cancellation, minus the cancellation fee, within 14 days from the date of receiving the cancellation notice.
65. The cancellation of the transaction by the user is subject to the product being returned reasonably or possibly in its original packaging.
66. Cancellation of Purchase by the CompanyThe company reserves the right, at its sole discretion, for any reason, and at any time, to cancel a transaction and/or sale and/or order, in whole or in part, and/or the activity of the Site, in whole or in part.
67. Notification of cancellation or termination of this nature will be provided to the user or users, and the company will refrain from charging the user’s credit card and will return any amount paid for the products, as long as it has been paid.
68. Except for returning the transaction amount as mentioned, the user or users will have no claim, demand, and/or request against the company and/or the supplier due to the cancellation of the transaction as mentioned in this clause.
69. In the event that it is discovered that a product has run out of stock, the Site may cancel the order or offer an alternative product of equal value. If an order is canceled as mentioned, the Site will not be responsible and will not bear any direct, indirect, consequential, or special damage caused to the user or any third party, including but not limited to damage due to purchasing the item from a third party at a higher price.
70. Promotions PolicyA product displayed on the Site at a promotional price will be supplied at that price, subject to the promotion being valid at the time of placing the order and subject to the product being in stock. If the product runs out of stock during the promotion period and is restocked after the promotion ends, its price will revert to the original price before the promotion.
71. It should be clarified that it is not possible to use more than one coupon per order. A user who has more than one active coupon at the time of purchase will choose the coupon they wish to redeem.
72. The company reserves the right to limit the number of redemptions per coupon.
73. The company reserves the right to cancel multiple promotions if they exist.
74. Promotions displayed and uploaded to “stories” on social networks will be valid for the duration of the “story” appearance, namely, 24 hours only.
75. Law and JurisdictionThe law applicable to this regulation and/or any action and/or dispute arising from it is Israeli law only.
76. In any case of dispute, the courts (peace or district) of Tel Aviv-Yafo will have exclusive jurisdiction to hear the case.
77. The law applicable to the use of the Site, the order, and this regulation, including its interpretation and enforcement, is Israeli law only.