These are the terms and conditions on which we supply our products to you on www.matiel.co.il (“the Website”). Please read these terms carefully before you submit your order to us.
1. ABOUT US AND DEFINITIONS AND INTERPRETATION
1.1. We are Matiel Ltd, a company registered in Israel and our registered office is at 5, Menachem Begin, Tel Aviv (“we”, “us” or “our”). Our registered VAT number is 513606392. You can contact us at this registered office address or by emailing us at email@example.com
1.2. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.3. “Writing” includes emails. When we use the words “write”, “writing” or “written” in these terms, this includes emails.
1.4. “VAT” means value added tax chargeable under the Value Added Tax Act 1994 and any similar or additional tax or any other similar turnover, sales or purchase tax or duty levied in any other jurisdiction.
1.5 Words in the singular include the plural and vice versa and words of any gender include every other gender and references to legal persons shall include natural persons and vice versa. Headings are inserted for convenience only and shall be ignored in interpreting these terms. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include any subordinate legislation made from time to time under that statute or statutory provision.
2. OUR CONTRACT WITH YOU
2.1. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the products specified in the order subject to these Terms. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2.2. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.3.
2.3. We will confirm our acceptance to you by sending you an email that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between you and us will only be formed when we send you the Dispatch Confirmation.
2.4. If we are unable to accept your order, we will inform you of this by email and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
2.5. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. OUR PRODUCTS
3.1. The images of the products on the Website, in our emails and on social media are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.
3.2. The packaging of the product may vary from that shown in images on the Website, in our emails and on social media.
4. PRICE AND PAYMENT
4.1. The price of the products will be the price and costs indicated on the order pages when you placed your order.
4.2. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
4.3. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. Should this occur and the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we shall contact you in writing to confirm the higher cost and give you the opportunity to cancel your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you. If you think an invoice is wrong, please contact us promptly to let us know.
4.4. We accept payment only via the methods set out on the Website at the date of your order. You must pay for the products (including any delivery costs) before we dispatch them.
5. PROVIDING THE PRODUCTS
5.1. The costs of delivery will be as displayed to you on the Website. We will deliver the product to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
5.2. If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product you have paid for but not received.
5.3. If no one is available at your address to take delivery and the product cannot be posted through your letterbox then the delivery company should contact you (for example they may leave you a note or email you) informing you of how to rearrange delivery. If you need our assistance in tracking the delivery then please contact us at the email address provided in clause 1.1 and we will check if we can provide further assistance.
5.4. If you do not contact the delivery company to re-arrange delivery and the delivery company returns the product to us then we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, within 14 days of the date that the delivery company returned the product to us, we may end the contract and clause 8.2 will apply.
5.5. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
5.6. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 5.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
5.7. If you do choose to treat the contract as at an end for late delivery under clause 5.5 or clause 5.6, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at the email address provided in clause 1.1 for a return label or to arrange collection.
5.8. The product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.
5.9. We may need certain information from you so that we can supply the products to you, for example, your full name, your address, email address, phone number and other contact details. If so, this will have been stated in the description of the products on the Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the product late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.10. We may have to suspend the supply of a product to deal with technical problems, make minor technical changes and/or to update the product to reflect changes in relevant laws and regulatory requirements. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month, and we will refund any sums you have paid in advance for the product after you end the contract.
6. IF THERE IS A PROBLEM WITH THE PRODUCT
6.1. We hope that you will be happy with our products but if you have any questions or complaints about the products, please contact us at the email address provided in clause 1.1.
6.2. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us at the email address provided in clause 1.1 for a return label or to arrange collection.
7.1. Subject to clauses 7.2 and 7.3, we shall not be liable for any defects to the product arising as a result of you not following our instructions as to the use or maintenance of the lighter products (for example if you use butane, propane or pressurised flammable gas rather than liquid petroleum lighter fluid to refill the lighter).
7.2. If we do not comply with these terms, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
7.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection.
7.4. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.1. We may at any time end the contract for a product with you by writing (including by email) and with immediate effect if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the information set out in clause 5.9 or you provide us with information that is incomplete or incorrect and you do not provide the correct and/or additional information requested within a reasonable time of us asking; or
(c) in accordance with clause 5.4 you do not, within the time specified, re-arrange the delivery of the products or you do not allow the delivery company to deliver the products to you.
8.2. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3. You may end the contract with us with immediate effect, by writing to us or emailing us (at the address and email address provided in clause 1.1 and you must include your name, address, order details and phone number and/or email address) and we will refund you in full for any product which has not been provided (you may also be entitled to compensation), only if:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products in accordance with clause 5.10 or notify you we are going to suspend them for the reasons outlined in clause 5.10, in each case for a period of more than one month; or
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 5.5)).
8.4. If you have paid for a product, you have 14 days after the day you (or someone you nominate) receive the product to change your mind. If your products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the product. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and any products which become mixed inseparably with other items after their delivery.
8.5. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the products by posting them back to us at the address in clause 1.1 or (if they are not suitable for posting) allow us to collect them from you. Please contact us at the email address provided in clause 1.1 for a return label or to arrange collection. If you are exercising your right to change your mind provided by clause 8.4 you must send off the product within 14 days of telling us you wish to end the contract. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.6. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
8.7. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, if you are exercising your right to change your mind provided by clause 8.4:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product, if this has been caused by your handling them in a way which would not be permitted in a shop or in a way which renders them damaged, unusable and/or unsellable. If we refund you the price paid before we are able to inspect the product and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount and such payment will be charged via the method that you used to pay for the product at the time that you ordered the product.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.8. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind provided by clause 8.4 then:
(a) If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8.9. Even if we are not at fault and you do not have a right to change your mind (see clause 8.4), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. APPROPRIATE USAGE
9.1. You must not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
9.2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
9.3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, root kit or other malicious computer software;
9.4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
9.5. access or otherwise interact with our website using any robot, spider or other automated means;
9.6. violate the directives set out in the robots.txt file for our website; or
9.7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
9.8. You must not use data collected from our website to contact individuals, companies or other persons or entities.
9.9 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
10. GENERAL TERMS
10.1. We amend these terms from time to time. Every time you wish to order a product from the Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 26th January 2018.
10.2. We shall be permitted to transfer our rights and obligations under these terms to another party.
10.3. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.4. Subject to clauses 10.2 and 10.3, no third party shall have any rights under these terms.
10.5. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.6. Any delay in enforcing our rights or bringing an action against you shall not be a waiver of our rights. Even if we delay in enforcing this contract, we can still enforce it later.
10.7. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Israel.
10.8. The courts of Israel shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).