Definitions
In these Terms, the following terms shall have the meanings set forth below:
- The Company – KM & A Group Ltd., Company No. 513884759
- The Website – the website www.amanda.co.il
- The Products – the products displayed on the website and offered for sale.
- Delivery Time – the delivery date is the day on which the goods are delivered to the destination specified by the customer
- Registered mail delivery: up to 14 business days, subject to Israel Post.
- Courier delivery: up to 3 business days. - Shipping Address – the address provided by the customer as the delivery address for orders
- Order Date – the day on which the credit card company approved the transaction made by the customer
- Business Days – weekdays, Sunday through Thursday, and do not include Fridays, Saturdays, holidays, holiday eves, and intermediate holiday days
- The wording in these Terms is written in the feminine form but applies to all genders
General
- The website serves as a virtual store for the sale of designed products and is owned and operated by the Company.
- For any questions and/or clarifications, you may contact the Company’s customer service directly via the contact us page or by phone at 058-4874575.
- These Terms constitute the legal basis for ordering and browsing the website and exclusively govern the relationship between the Company and the user of the website and/or the customer placing an order through the website.
- Any person placing an order and/or making a purchase through the website declares that, upon performing the action, they have read these Terms and agree to all provisions and conditions herein, and that neither they nor anyone on their behalf shall have any claim and/or demand and/or lawsuit against the website and/or the Company and/or the website management and/or the Company’s management and/or any of its directors and/or employees, in connection with these Terms and conditions.
- The Company reserves the right to change these Terms from time to time at its sole discretion, without the need to provide prior notice.
- Product prices include VAT as required by law.
- The Company’s computer records alone, regarding actions carried out through the website, shall constitute prima facie evidence of the correctness of those actions.
- The product images displayed on the website are for illustration purposes only and are not binding on the website management. It is agreed and clarified that the Company will make its best efforts to present its customers with the most accurate images possible.
- The Company does not undertake to maintain inventory of all models and/or items whose images appear on the website.
- The Company makes every effort to ensure that the information presented on the website is complete and accurate; however, it is clarified that inaccuracies or errors may appear in good faith, and the Company shall not bear any liability arising from or related to them.
- All prices on the website are displayed on the products and are listed in New Israeli Shekels (NIS). Prices include VAT, if applicable by law, and do not include shipping costs.
- The website management may update product prices and shipping rates from time to time without prior notice. The price applicable to an order is the price published at the time the order process is completed (including the submission of credit card details). If prices are updated before the order process is completed, the customer will be charged according to the updated prices.
- The website management may offer promotions, benefits, and discounts on the website. The website management may at any time discontinue, replace, or modify these promotions, benefits, and discounts without prior notice.
- These Terms of Use apply to the use of the website and the services included therein via any computer or communication device (such as mobile phones, tablets, etc.). They also apply whether access is via the internet or any other communication network or means.
- When updating the shopping cart, the Company reserves the right to send a reminder to the customer regarding an abandoned cart, by sending an email to the address provided.
- During registration to the website, users are given the option to subscribe to the website’s official mailing lists. If the customer wishes to unsubscribe after registration, they may do so easily via the link at the bottom of the received email. Please note that there are separate mailing lists: one general list for updates on new items and one for personal updates. The customer is responsible for ensuring they unsubscribe from the desired list(s), and if they no longer wish to receive any communications, it is their responsibility to unsubscribe from all relevant lists.
- Registration to the website is limited to the creation of a single account per customer. The Company reserves the right to remove duplicate accounts.
- Promotions and discount coupons apply to all items on the website except sale items. The terms of use for coupons and promotions are detailed at the end of these Terms. Coupons may be redeemed on website purchases only. In the event of returning an item purchased at a discount using a coupon, the refunded amount will be the amount actually paid after the discount.
Registration on the Website and Placing Orders
- The purchase of products shall be carried out by a registered customer by completing the order form available on the website. It is clarified that filling in all required details is a prerequisite for placing an order.
- The website management will not make any use of the customer’s details except in accordance with the website’s Privacy Policy, which forms an integral part of these Terms of Use and Purchase.
- In order to ensure that the order is processed efficiently and without errors, all required details on the website must be provided accurately. If incorrect details are provided בעת placing the order, the Company cannot guarantee that the products will reach their destination. If the products are returned to the Company due to incorrect details, the customer will be charged for shipping and handling fees. It is important to provide accurate and up-to-date information.
- Guest Checkout – Customers may place an order without registering on the website. However, if a customer places an order as a guest and later requests a return, a temporary account will be created in order to issue store credit. If the customer is eligible for a monetary refund according to the Shipping & Returns Policy, the refund will be issued from the store credit.
- Upon placing an order, the Company will verify the credit card details, and once the transaction is approved by the credit card company, a confirmation will be sent to the customer indicating that the transaction has been approved.
- The order details as entered by the customer in the order form, along with the transaction records in the Company’s systems, shall constitute conclusive and final evidence of the correctness of the transaction.
- If the transaction is not approved by the credit card company, the customer will be notified accordingly and will be required to provide an alternative payment method.
- Confirmation of the purchase is subject to the product being in stock at the Company’s warehouse at the requested delivery date and/or at the time of ordering. If a product is not in stock and this was not indicated on the website at the time of the order, the Company shall not be obligated to complete the sale, and the customer shall have no claim and/or demand in this regard for any direct or indirect damage caused. This is subject to the Company refunding any amount paid or canceling the charge if applicable. It is emphasized that there may be cases where a product appears as in stock on the website but is actually unavailable; in such cases, the transaction will be canceled and the customer will have no claim, subject to a full refund.
- Each customer may order a product and select a desired delivery destination by updating the shipping address in the order form. The last address entered by the customer will be stored in the Company’s system as the preferred delivery address.
- The Company reserves the right not to approve an order at its sole discretion, including in the following cases:
- If incorrect details were intentionally provided during registration
- If any act or omission has been made that may harm the website, its management, or any third party, including customers, employees, or suppliers.
- If the website services were used for any unlawful activity under Israeli law, or to enable, facilitate, assist, or encourage such activity.
- If the terms of this agreement or any other binding document or service offered by the website were violated
-If there is an outstanding debt owed to the Company or its affiliated companies that has not been settled despite the due date passing.
- If the customer’s credit card has been restricted or blocked in any way. - After providing details, approving the required documents, and agreeing to the Terms of Use and Privacy Policy, the website management may (but is not obligated to) send updates to the customer via their account or email, including content updates, information about services and products, promotions, and new features, as defined under Section 30A of the Israeli Communications Law (Bezeq and Broadcasting), 1982.
- After entering payment details on the payment page, a confirmation email will be sent acknowledging receipt of the order details. This confirmation does not obligate the website to supply the products and only indicates that the order has been received.
- If it is discovered that the customer’s credit card is invalid, or the credit card company does not approve the transaction, or PayPal (or any other available e-wallet service) does not approve the charge, or the requested product is out of stock, the website management will contact the customer to complete or cancel the transaction.
- When paying via PayPal, the customer will be asked to enter their PayPal account details or may choose to open a PayPal account quickly. If the customer chooses to pay via PayPal, the Company will only charge the payment after receiving approval from PayPal. Use of PayPal is subject to PayPal’s terms of use and privacy policy, not those of the website.
- According to the website’s policy, receiving a promotional gift is limited to one item per customer.
Order Cancellation and Return Policy
- The provisions of this section are subject to the Israeli Consumer Protection Law, 1981 (hereinafter: “the Law”).
- The customer (and not the recipient) may cancel the order in any of the following cases and under the following conditions: any refund will be issued only to the credit card used for the purchase and in accordance with the credit card company’s timelines.
- Cancellation of the order before the product has been shipped to the customer will not incur any additional charges, and the customer will be refunded the full amount paid for the transaction, including shipping fees. The refund will be processed in accordance with the Law.
- In the case of cancellation after the product has been shipped to the customer, and once the item has been received back at the Company’s warehouse, a full refund will be issued. Handling, packaging, and shipping costs will be deducted from the refund. The refund will be granted provided the item is returned unused, without defect or damage, and with its original tag attached as received. If the product is returned not in accordance with these conditions, the customer will not be eligible for any refund (neither monetary nor store credit).
- The Company shall have the sole discretion regarding the condition of the returned goods.
- Items may be returned within 14 days of receipt, provided they are unused, in their original packaging, and with tags attached.
- Refunds will be processed within up to 14 days from the date the product is received by the Company. - No refund will be granted for items for which no monetary consideration was paid, such as promotional items or gifts.
- Refunds cannot be issued to direct debit cards (“Direct” cards); therefore, holders of such cards will receive store credit only.
- Products purchased at a discount as part of a sale may be returned within 7 business days. The customer will receive a refund less a deduction of 5% of the item’s value or ₪100 (whichever is lower). If the customer chooses to receive store credit instead, the credit amount will equal the original amount paid, with no deduction.
- According to Ministry of Health regulations: swimwear cannot be returned or exchanged.
- Monetary refunds are subject to the condition that the item’s value exceeds ₪50.
Delivery and Shipping
- Delivery of products to customers is carried out באמצעות courier companies or registered mail, within the delivery time specified at the time of purchase.
- The shipping fee will be displayed at the end of the order process, under the selected items, and will be charged at the time of purchase. In the case of installment payments, the shipping fee may be charged במסגרת the first payment.
- For courier deliveries, prior coordination will be made before delivering the order. The Company undertakes to pack and dispatch orders within two days to the requested destination. Orders are shipped via a courier company that typically delivers to most areas within 3 business days. For remote areas—such as the Arava region, Eilat, areas מעבר לקו הירוק, and the Golan Heights—the Company cannot guarantee delivery within 3 business days. If the delivery address is in an area not serviced by the courier company, the order will be sent via registered mail.
- Registered mail delivery – shipping time depends on Israel Post, with a maximum commitment of up to 14 business days.
Company Liability
- The Company and/or the website management and/or anyone acting on their behalf shall not be liable for any direct, indirect, consequential, or special damage caused to a user, visitor, customer, or any third party as a result of use or purchase via the website that is not in accordance with these Terms—regardless of the cause of action—including loss of income and/or loss of profit for any reason whatsoever. In such cases, the Company reserves the right to cancel the specific order.
- A typographical error in the description of an item shall not bind the Company and/or the website management.
- Product images on the website are for illustration purposes only, and there may be differences between the images displayed (in whole or in part) and the actual products sold.
- In any case, the Company’s liability shall not exceed the value of the purchased item, and the Company shall not be liable for any indirect or consequential damages.
- The Company shall not be responsible for any use made by the customer that is not in accordance with the manufacturer’s and/or the Company’s instructions, including washing or any other use of the garments.
- The website management shall not be responsible for delays in delivery resulting from events beyond its control, such as malfunctions, delays, strikes, natural disasters, failures in computer systems or telephone systems affecting the completion of the purchase process, or issues with email services.
- The website management will make its best efforts to provide quality products within the requested timeframe. If the customer believes that the products purchased or services provided are defective, they are invited to contact customer service at 058-4874575, and the website management will handle the request as soon as possible.
Copyrights
- All intellectual property rights, including copyrights, designs, methods, and trade secrets, are the exclusive property of the Company. These rights apply, among other things, to the data on the website, including the product list, descriptions, clothing designs, and any other detail related to its operation.
- It is prohibited to copy, reproduce, distribute, sell, market, or translate any information from the website, including trademarks, images, texts, clothing designs, product images, and similar materials, without the Company’s prior written consent.
- No commercial use may be made of the data published in the database, the list of products appearing therein, or any other details published on the website, without prior written consent from the website management.
- No data published on the website may be used for display on another website or service without prior written consent from the website management and subject to the terms of such consent (if granted).
- The name “Amanda K”, as well as the website’s domain name and trademarks (whether registered or not), are the exclusive property of the Company. They may not be used without prior written consent.
- All textual content, icons (ICONS), information and/or displays appearing on the website, including graphics, design, textual presentation, trademarks, and logos, including their editing and presentation on the website, are the exclusive property of the Company and its owners.
- The website services must be used for lawful purposes only.
- It is prohibited to copy, use, or allow others to use any content from the website, including on other websites, electronic publications, printed materials, or any other medium, for any purpose whatsoever.
Privacy Policy, Database and Direct Marketing
- The personal details provided by the user (hereinafter: the “Registrant”) when completing the registration form shall be subject to the Privacy Policy of KM & A Group Ltd. (hereinafter: the “Company”).
- The Company will not disclose the Registrant’s details except in the following cases:
(a) If required to do so by a court order or by law;
(b) If it receives notice of legal proceedings against it due to actions performed by the Registrant, and in any dispute, claim, demand, or legal proceedings between the Registrant and the Company;
(c) If the Company reorganizes its operations within another entity, or merges with another entity, or merges its activities with those of another entity—provided that the receiving entity undertakes to comply with this Privacy Policy;
(d) If a claim is raised or the Company suspects that the Registrant has performed an act or omission that harms or may harm the Company, its representatives, or any third parties;
(e) If a claim is raised or the Company suspects that the Registrant used the website to carry out an unlawful act or to enable, facilitate, assist, or encourage such an act;
(f) If a claim is raised or the Company suspects that the Registrant has violated any of the Terms and Conditions or any agreement with the Company or its representatives;
(g) If required for the Company’s operations, such as transferring details to employees, subcontractors, or other entities involved in the Company’s marketing activities.
Registrants shall have no claim or demand against the Company regarding such disclosure and hereby waive any such claim or right. - Completing the registration form constitutes the Registrant’s consent that their personal details, any data derived from analyzing such details, and any information about them that has been or will be obtained by the Company, will be stored in one or more databases of the Company or its representatives. This information may be used for the following purposes:
(a) Marketing, advertising, sales promotion, and direct marketing, including contacting the Registrant through any communication method deemed appropriate (including written, printed, telephone, SMS, fax, computerized means, or any other method);
(b) Customer loyalty programs, statistical analysis and research, surveys, and any other online use related to marketing;
(c) Internal purposes, such as handling complaints and/or reviews;
(d) Sending marketing and promotional materials, including via cookies.
Such use of the Registrant’s information shall not be considered a violation of privacy. It is further agreed that such information shall be deemed the property of the Company, and the Registrant hereby waives any claim regarding the use and/or ownership of such information, including any claim under the Privacy Protection Law, 1981. The Company shall not be considered in breach of privacy obligations with respect to any information, as defined in the Computers Law, 1995, that may identify or track a user and which results from the use of electronic communications in general and computer communications in particular. - The Registrant confirms that they are aware that they are under no legal obligation to provide their details and that providing such information is done voluntarily and with their consent. The Registrant expressly agrees to the use of their details as described above and confirms that such use shall not be considered a violation of privacy and shall not entitle them to any remedy or compensation.
- Registrants who:
(a) object to the use of their details; or
(b) wish to remove themselves from the Company’s database; or
(c) wish not to receive direct marketing communications;
May notify the Company in writing via the website Amanda.co.il or through the unsubscribe mechanism included in any communication, and the Company will act accordingly.
Confidentiality and Data Security
- The Company does not store credit card numbers on its systems.
- The Company uses the highest security standards to protect, as much as possible, the confidentiality of information and the privacy of its customers. The Company uses CreditGuard, a leading Israeli credit card clearing and security company, to verify and secure information. CreditGuard complies with strict security standards and procedures in accordance with PCI Level 1 requirements set by credit card companies.
- The strict security standards implemented by the website are designed to protect consumers, merchants, and credit card companies. The implementation of PCI DSS significantly enhances security levels and helps build trust among users of online payment systems. CreditGuard uses the services of Comsec, a company specializing in identifying network vulnerabilities, detecting weaknesses in the website and server systems, and preventing external breaches. The certification service includes a wide range of tests at the highest security level (Level 1).
- The website is secured באמצעות SSL protocol, meaning that all communication between the user’s browser and the website (i.e., the web server hosting the pages) is encrypted and cannot be deciphered. In other words, the “security” provided is encryption of the data. Encryption is a method of “scrambling” information designed to prevent unauthorized access, involving two parties: the sender encrypts and the receiver decrypts. The encryption method is based on mathematical functions, and in systems such as RSA, a single key is used on the client side for encryption, while decryption requires two keys.
- In cases beyond the Company’s control and/or due to force majeure, the Company shall not be liable for any damage of any kind, direct or indirect, caused to the customer or anyone on their behalf, if information is lost, reaches a hostile party, or is used without authorization.
- The Company undertakes not to use customers’ personal information except for the purpose of operating the website, enabling order processing, and communicating information to the customer.
- The website management makes efforts to provide proper and high-quality service. However, the website management does not guarantee that the service will be uninterrupted, provided in an orderly manner, without interruptions, secure, error-free, or immune to unauthorized access to its systems, damages, malfunctions, failures, or breakdowns—including hardware, software, or communication line issues—whether within the Company or its suppliers.
- The website management shall not be responsible for any messages received or sent through the website (including messages sent to customers by other users through the website services), their content, any attached files, the operation of such files, their effect on the user’s device, or any damage, loss, inconvenience, distress, or similar outcomes, whether direct or indirect, caused to the user or any third party as a result of such communications.