1. These Terms apply to the use of website (the "Site") and to the purchase of jewelry items through the Site (“Item” or “Items”).
2. The Site is owned by Guy Tsur, (hereinafter: ”we”, “us”, “our”).
3. The use in the site (this expression along the Terms is including the purchasing of Items and any other use of the Site features) is subject to the terms listed below. If you do not agree to any of these terms, you are required not to use the Site and leave it immediately.
5. If you are not eligible by law of your residency to contract with us with regard to the use of this Site, please do not use the Site. If we found out that you are not eligible as mentioned, we may prevent your use in the Site or any of its features.
6. You agree that all the purchases done through the Site by you will be governed by these terms.
7. We may from time to time modify these Terms, please check these Terms periodically.
What is this Site about?
8. The site is a virtual shop where you can order pre-designed and tailormade designed jewelry items. The Items usually have not yet been manufactured and will be produced upon your order and payment.
Eligibility to make a purchase
9. If you want to purchase any Item on the Site, you must meet the following:
(a) be at least eighteen (18) years of age or more according to the applicable age of majority in your country or state,
(b) if you are acting on behalf of any kind of corporation you must be authorized to bond the corporation to the purchase made on his behalf by you and to these Terms. If it will be found out that you were not authorized as mentioned, you may bear personal responsibility to whatever concerns the purchase and the use of the Site by you.
(c) you must be owner of a valid credit card or entitle to make purchase through Pay-Pal or any other payment method the Site may permit, (hereinafter – Credit Provider), and your credit limit at the Credit provider ought to be large enough to cover all your purchases from us.
(d) You were not banned by us from using the Site.
(e) You must provide us with all the updated, true and whole information we shall ask for executing the payments to us and the shipping of Items, including all of the following: (i) your name as it is registered at your Credit provider, (ii) your credit number, (iii) the credit type, (iv) the date of expiration and (v) any activation numbers or codes needed for charging you, (vi) your address.
(f) You buy the Items for your personal enjoyment and not for resell or commercial purposes.
10. In order to make purchase in the Site or starting a design session you may have to supply information about yourself such as: name, valid email address, telephone number. By supplying information to us you agree that all the information you supplied is true, accurate and updated.
11. All Items are produced especially for you upon receiving your order, unless stated otherwise in the Site.
12. We may set a minimum purchase amount to make a purchase in the site.
13. Your purchase of an Item at the Site and the payment for it are made with us.
14. We may allow you for the purpose of purchasing an item from us to order a tailored made design of an Item upon your instructions as long as they were approved by us.
15. Once you send us your instructions for the design or if you choose one of our pre-designed Items, we shall make an estimation of the Item's purchase price.
16. If you approve the Item's purchase price will shall prepare a virtual 3D model (hereinafter: "the Model") of the Item which will be presented in an animated form chosen by us.
17. For the aim of preparing the Model we may ask you to make an order for the Model and execute the payment for it.
18. An order of the Model is just like as an order of an Item upon these Terms.
19. You are committing once ordering a model to cooperate with us for finalizing the Model as it is a process of back and forth. This process may include preliminary drawings. You have the option to request changes to the Model up to 3 times` any additional request shall be considered as an order of new design, and you shall be charge accordingly.
20. We shall complete the design within 5 working days as long as your request is clear and reasonably feasible.
21. After we finalize the Model, we will ask you to make an order for an Item designed in view of the Model through the Site or through a link to a landing page that we shall sent you (which will be considered for the purpose of this these Terms as part pf the Site). The order price shall will be the estimated purchase price or a revised purchase price following changes in material or work prices.
22. Once you make the order for the designed Item, the payment for the Model will be deducted from the payment for the Item.
23. If the estimated price of the Item was revised in more than 15% not due to your actions or omissions and you chose not to order the designed Item, then you can request us within 7 days from receiving the revised purchase price to refund you with the payment you made to us for the Model.
24. You should be aware that upon these Terms all the rights in the designs even those which were ordered by you remained with us, and the sole purpose of the Model is for the produce of a matched Item by us.
25. For each order we shall indicate our timetables. These timetables are mere estimation and we shall do reasonable commercial efforts to produce the Item within the given timetables, nevertheless, you hereby acknowledge that since the Items are produce especially for you, using precious and rare materials which we need to purchase just for your order, timetables may be change according to the availability of the materials in the market and the shipping durations. Unless there is a deviation of more than 10 working days in the produce timetables, you are not allowed to cancel you order. If the deviation is more than 10 working days, you may cancel your order by sending us a written notice. We are entitled to cancel at any time an order which we cannot deliver on time or which we found out that our costs are higher than what we anticipated. Your only remedy in these events of cancellation is the refund of sums you paid for us for the Items. No refund will be made for tailored made designs prepared for you due to the cancellation of the jewel itself.
26. When you place an order in the Site to purchase a certain Item you are deemed to make an irrevocable offer to purchase the Item according to the terms stated in the Site such as the price of the Item chosen by you as shown in the Site including all fees and charges incurred in connection with your purchases, (including any shipment) at the rates in effect when the charges were incurred.
27. Your offer is subject to our confirmation and acceptance. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by us upon a notice by us.
28. All payments must be made by one of the approved payment methods set forth in the Site that may vary by from time to time under our sole discretion.
29. Your account at the Credit Provider will be charged for the entire order amount immediately upon your placement of the order by you in the Site and will be charged by your Credit Provider immediately upon our request. You hereby authorize us to charge your Credit Provider accounts for any amount that you may owe us.
30. If your Credit Provider did not confirm the payment and you failed immediately after to supply us the details of another of your Credit Provider's accounts which confirm the payment, then the offer could not be executed, and we will be free to cancel the order and to sell material such as precious stones chosen by you to another. If you were not able to utilize one of the payment methods in the Site, you may contact our customers help, but the Item or its materials will not be reserved for you unless you received a written notice from us about such reservation.
31. Your service agreement with the provider of the payment method service (hereinafter – Credit Provider) governs your use of that method. YOU ARE RESPONSIBLE FOR PAYING US.
32. We may change the Item price before producing the Item due to unexpected changes in the precious stone's costs. In that case we shall notify you and ask you for confirmation of revised price. If you fail to make confirmation within 3 days, then we shall cancel the order and you we be refunded.
33. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your Credit Provider statement, then you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your Credit Provider or its agent, then you agree to pay all amounts due upon demand by us or our agents.
34. You are the sole responsible for paying any governmental taxes, duties, levies or tolls imposed on your purchases and their possible import, including, but not limited to sales, use, custom or value-added taxes. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Israel or the territories under its control and any other areas where we decided to use that practice. You agree to fully indemnify, defend and hold us harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
35. If by any reason we fail to supply the Item, your sole remedy will be either to use the payment you paid us to buy another Item in the Site (and add payment or be refunded partly according to another Item price in the Site), or to receive back the payment you paid us for the Item and its shipment.
36. If an Item was listed at a wrong price or was described erroneously then, we will be entitled to refuse, reduce or cancel any orders placed for those Items and your sole remedy will be the return of the payment you made for the Items and its shipments.
37. WE MAY, OCCASIONALLY, CHANGE THE PRICES AND BILLING METHODS FOR ITEMS, EFFECTIVE IMMEDIATELY.
38. We may allow you to order through the Site some specific precious stones for their embedding in the Item. This kind of order is executed by us through a third party commerce arena. All of these stones are accompanied with a gemologist certificate, nevertheless we cannot certify that the stone's characteristics will be identical to those in the certificate, therefore you should inspect by yourself the stones immediately upon receiving the Item, and report us about any discrepancy you have found out between the certificate and the stones, and we shall make our best efforts to resolve it; in this instance, if we found out that a stone does not comply with its certificate we shall do our best endeavors to cancel the purchase of the stone and use the refunded money from the seller to buy another stone according to your instructions.
39. The precious stones displayed in the Site might always not be available, and we cannot guarantee that we can purchased them for you. In a case that a stone chosen by you is no longer available we shall inform you accordingly and offer you to choose a different stone from our display.
40. It is your sole duty to make sure that your law of residency allows to purchase the Items and receive them at your address and to get all required permits upon your local law for those purposes.
41. Although we make efforts that the display of Items in the Site or in any other manner including the Model will describe properly the Items, we cannot guarantee that colors and dimensions, textures and other details are as they are in reality. You hereby acknowledge that the displayed diamonds colors and dimensions in our models are for general impression only and do not reflect the colors or dimensions in reality.
42. All the precious stones are not tempered but gems (not diamonds) may be heated or covered with transparent oil or other substance in order to bring out the natural brightness of the stone.
43. Each Item may be engraved with the initials "GT" in its inner parts.
44. You agree to pay us the shipping charges for any shipment made with regard to the purchase.
45. The shipment will be made according to the information supplied in the Site, as long as our shipment contractors deliver to the address.
46. You agree that we can provide our shipments contractors with your address and contacts information for any issue that concerns the shipment. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE PROVISION OF SUCH INFORMATION TO, OR ANY USE OF SUCH INFORMATION.
47. If the shipment is late for more than 7 days then your sole remedy will be either to wait, or to cancel the order and be refunded with the payments you made for the Item and its shipment.
48. If we found out in any stage that we cannot make the shipment as promised within its standard commercial efforts then unless another solution was reach by the parties, we can cancel the order and your sole remedy will be the return of the payments you made to us for the Item and its shipment.
49. For the completion of the shipment you may need to be personally attending your shipping address at the time of delivery and show identification card or passport to our delivery team.
50. Most of the products offered on the site are made in and stored Israel. The import of those products may impose legal responsibilities and obligations upon you. If you order products to be imported to your residency area, then by that order you agree that you are responsible to make sure (1) that the product can lawfully enter the destination country; and (2) that you comply with all laws and regulations of the destination country. When you receive an international shipment of imported products, you may be required to pay import taxes, customs duties and/or fees. If there are any additional charges for those taxes, duties or fees, or for customs clearance then you are responsible to pay them. We are not responsible for the amount or timing of any taxes, duties or fees. You should make proper inquiries regarding the importation of the products. Furthermore, if upon Israel laws, we cannot import to you or to your residency we can at any time or stage may cancel the purchase, if that cancelation is due to inaccurate information you supply us we may charge you with our expenses regarding that cancellation.
Using the Site
51. Any breach of these Terms or unexpected operational difficulties, or requests by law enforcement or other government agencies, may resulted among other remedies in blocking and/or terminating your use in the Site without prior notice to you. You agree that we will not be liable to you or to any third party for these actions and their results.
52. You are not allowed to use any programmed device, algorithm or system, or any similar or equivalent manual or automatic process, to access, gain, copy, investigate, test, intrude, harvest or monitor any part of the Site or of any Content, or in any way duplicate or circumvent the navigational structure or appearance of the Site or of any Content, to acquire or try to acquire any materials, images, documents or information through any way not intentionally made obtainable by us through the Site.
53. You agree to use the site in a reasonable manner as a single and regular user and not to take any action that might intervene or disable or adversely affect the proper use of other users in the site’s features and its routine functionality or might create malfunction or disturbances in the operation of the Site, its features and other related systems. For these purposes we may limit and control your use in the site and its features and sets rules for time to time with that regard.
54. Although we take various measures to secure the Site and the information within including billing information, we do not guarantee that there won’t be any unauthorized access to the information and you assume all risks relating to this and we make no warranty, express, implied, or otherwise, in that regard.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO THE AFOREMENTIONED INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Indemnification and liability
56. THE SITE, ITEMS, FEATURES, CONTENT, ARTWORK, DATA, AND INFORMATION WHICH ARE PART OF THE SITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY. WE DO NOT GUARANTY THAT THEY SHALL WORK PERFECTLY, OT THAT THEY WILL BE AVAILABLE AT ALL TIMES NOR THAT MALFUNCTION, DISTURBANCE, INTERRUPTION, SHUT DOWNNS WILL NOT OCCUR. WE DO NOT GUARANTY THAT THE ITEMS SHALL BE AS YOU INTENDED THEM TO BE. WE DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
58. All the intellectual property rights relating to the site, including its content, its title, user interfaces, Items designs, drawings, music, videos, images, digital files, logos, artwork, marks, selection, arrangement, and graphic design (hereinafter: “Content”) and placement of the Content, are ours or belong to the entities which gave us permission to use them and are protected by various intellectual property rights laws. You agree not to change, interfere, copy, decompile, reverse-engineer, transfer, assign, rent, resell, imbed, record, broadcast, transmit, post, publicly display, link to or distribute the site, its features, or any part of them, without our prior express written consent. Except as expressly provided herein, you are not granted any rights or license to with respect to any of the Content, we disclaim all responsibility and liability for uses by you of the Content.
59. "Guy Tsur" is a trademark owned by us. You agree not to use or display our marks and logo, in any manner without our prior written permission.
60. All intellectual property rights including moral rights related to any design made by us according to your instructions, drawings or images are belong to us entirely without no limitation, obligation for royalties or need to mention your name in any use of the design.
61. Since the Item was made especially upon your request, then no returns are permitted.
62. As long as our operation will exist, we shall repair any manufacturing defect in the Item and offer you free prong tightening, re-polishing, rhodium plating and cleaning services. It is your duty to send us the Item for repair. Once we receive the Item will inspect it. If the repair is not included in our warranty, we shall notify you about any charges, and ask for the payment prior to any work.
63. If the ring size doesn't fit your finger, you can within 60 days from receiving the Item send us the ring with a description of the problem, and we will free of charge resize the ring diameter.
64. You grant us a permission to send you promotional content by e-mail, regular post, or by any other mean of communications that your various addresses are linked to including your mobile phone. To stop receiving this promotional content, send an e-mail to our customers help.
67. No delay or failure by us to take action under these terms shall constitute any waiver by us of any provision of these terms. If any provision of these terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this these terms will continue in full force and effect. These terms will bind and inure to the benefit of our successors and assigns. Any claim under these terms must be brought within one (1) year after the cause of action arises.
68. The transaction between you and us is personal to you and cannot be transferred, assigned or delegated to anyone by you. We can assign our duties and rights upon this transaction without your consent or notice.
69. We reserve the right to redesign the site, add features, detract from or alter the site and make any changes in its features at our discretion without prior notice.
INFORMATION WE COLLECT
When you use the Site, we collect the following types of information.
INFORMATION YOU PROVIDE US:
The information which requires to create an account on the Site or to identify you, such as your name, username, nickname, email address, home address, password, phone number including country code. This is the information you must provide us for ordering from us. Information about the kind of items you would like to order from us. Information about desired designs and the purpose of you purchases and related information to the ordering and the design process, whether you supplied it through the Site or through other means such as instant messaging applications. You may record the phone conversations you would make with us.
INFORMATION FROM THIRD-PARTY SERVICES:
We may make payments available through Pay-Pal and credit card which send us the transactions I.Ds. We may store information about all payments and charges relating to you. We may collect and store the billing and financial information it needs to process your payments. This may include your postal address, e-mail address, your name, credit card information and financial information. We may share our payment processors with this information.
INFORMATION WE RECEIVE FROM YOUR USE OF the SITE and DEVICE INFORMATION:
We may collect information from your device such as: your device identifier, your browser type, your browser language, your operating system, your IP address, your mobile carrier, the type of your device. We do not collect location data from your device.
We may collect information about any aspect of your use of the SITE such: as dates and time of your logged in, the way you logged in, your duration in each part of the Site, the order of your use the Site, the time you spent in each part, your choices, the number of clicks on each button, information through cookies and various identifiers about your device and your use in the Site, and any other statistics that can be gathered through your use of the Site.
HOW DO WE USE INFORMATION:
We use the information we collect for the following purposes:
Provide and maintain the Site - using the information we collect, we can deliver the features of Site.
Notify you about changes to the Site.
Allow you to participate in interactive features of the Site when you choose to do so and if available.
Gather analysis of information so that we can improve and developed the Site, marketing material which are presented to you in connection with the Site by us.
Monitor the usage of our Site.
Detect, prevent and address technical issues.
Improve, personalise and develop the Site.
Determine the country of residency for tax purposes.
Communicate with you. We may use the Information to provide you content, publications, newsletters or to offer you subscriptions, services and products, participation in events and like.
Promote safety and security of the Site and our users.
Protecting our legal rights.
Prevent fraud or potentially prohibited activities, and impose our Terms of Service;
Conform with our or users' legal obligations, resolve any disputes we may have with you or other users, and to enforce our arrangements with third parties.
Conduct research and surveys.
Invoicing and collection of payment.
This means that we may access the information in real-time, record, store archives, analysed, modify, combined them with other information we have from other sources including information about you from third parties.
HOW INFORMATION IS SHARED:
We shall not disclose any information that reasonably may identify you personally without your consent, subject to the following.
In the event that we undertakes or evaluates undertaking a business transition, like a merger, acquisition by another company, or sale of all or part of its assets (like selling the Site), we may disclose or transfer all of your information, including personal information, to the successor entity in the transition.
we may use and share with our advertisers your iP adress and your email adress along with your name for advertising the Site.
YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA
If we allow you to open an account in the Site., you can delete your account and thus your personal information will be deleted within reasonable time, unless we believe we have legal or business interest to keep them furthermore.
You can update the account information you provide us through the Site.
Financial data and non-personal usage data may be retained at us indefinitely.
ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS:
As described below we may cooperate with third parties for analytics. These third parties may use tracking technologies as mentioned to collect information about you in relation to the Site, no personal data will be available for them except your IP address.
OUR POLICIES FOR CHILDREN
The Site not intended for children under the age of 18 (“Children”). Children are not permitted to use this Site, and we do not knowingly collect any personal information from Children.
We use reasonable measures to safeguard our systems and your information. Nevertheless, complete and absolute security is not at reach and we do not guarantee that there be no breach to our systems and an unauthorized access to your information.
OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS
We are Israeli based Site. For the meantime we do not transfer any personal data out of Israel.
CHANGES TO THIS POLICY
We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Site.
HOW TO CONTACT US
You may contact us through our e-mail