Terms and Conditions
This page outlines the agreement between HEARTY ARTY (“the site“) and the site user/customer (“user“). It will act as a contract and regulate the commerce and communication between the user and the site owner.
- “the site“: the company and/or the owner of the site all together for clarity purposes.
- “user“: the customer, the person making the order, the actual purchaser all together are referred to as “user” or “customer” for convenience purposes only.
- The site is an internet website, and is a virtual store, where different products are displayed. On the site there will also appear articles, content, comparisons, information, general advertisement and different services. For the purposes of this policy statement, “the site” is what is defined completely in this article.
- This policy outlines various terms and conditions regarding orders, purchases, cancellations, limitations and/or delivery of goods and products as well as times, to be detailed bellow.
- The policy should be read carefully, and all the terms and conditions will apply to any and all use or purchase on the site.
- The language in the site will be plural or singular, feminine or masculine, depending solely on convenience considerations.
- Anyone over 18 years of age.
- Any person with a legitimate email, who has honestly and correctly filled out the sign up form, including address, country, ID number and phone number.
- Any individual person, who is not a business entity, interested in purchasing a product from the site for personal use purposes and not for resale or other business purpose.
Types of sales on the site
- The site will offer a variety of products for sale, as described below:
Various handmade art product, which will be decided upon and rotated out from time to time, solely at the company’s discretion.
- For each sale, the product details and terms and conditions for the sale will appear as they have been defined by the site owner.
Purchases on the site
- Any purchase on the site requires signing up with the full and correct details of the customer.
- The customer agrees to these terms and conditions, including the sign up, prior to any purchase.
- Actual purchases are subject to approval by the credit card company, and products will only be shipped (and shipping times observed) after said approval is secured.
- In an event where a credit card is declined by the credit card company, the entire purchase will be canceled as far as the site is concerned. The user is then welcome to contact the site and amend the payment details and approval, subject to the site agreement.
- Note that, as detailed in the section “cancelling transaction”, in an event of transaction cancelling, the site is allowed to charge the user “cancellation fee” of up to 5% of the original product price. This cancellation fee is only applicable in a case of canceling a transaction due to reasons other than defective merchandise or discrepancy between actual product and product description.
Transaction cancellation by the user
- Cancelling a transaction refers to any change that a customer makes in the purchase. All this from the moment the customer clicked the “approve purchase” button, which is essentially the user’s approval of the purchase/order according to the site conditions and policy.
- Any customer interested in returning and/or exchanging any product which was purchased on the site, can do so within 30 days of the order date, and only under the condition that the product was not used in any way, and is closed and sealed in its original packaging with its original tags intact.
- Cancelation will not be possible if the products have been removed from their original packaging and used in any way. Also, products which have had special alterations made to the specifications of the customer especially for said order, or products which have been specifically made in advance at the request of the customer may not be returned or transaction canceled.
- Canceling a transaction with no cancelation fee will be possible only in the event of defective product which was discovered prior to its use and has been innocently made or in the event of a discrepancy between the product description and the actual product.
- A user or customer may not have a case against the site beyond the sum of the product (or products) actual price. Both sides agree that the maximum purchase price will be the maximum sum discussed among them in an event of a debate or lawsuit.
- If the product has already been delivered to the customer, they must physically return the product to the main offices of the site, at their own expense, to the address:
72/11 Sokolov street
- If the product is shipped via carrier, the responsibility for the product’s arrival lies solely on the customer.
Transaction cancellation by the site
- The site reserves the right to cancel a transaction given one of the following conditions:
- In the event an error is discovered in the product description, details, price or any other detail advertised with the product.
- The site, at its sole discretion, identifies a purchase from an un-authorized user, someone who is not a private customer or does not fulfill the site policy criteria.
Order fulfillment, supply, processing fee, delivery and insurance
- Products will be supplied to the customer according to the time and price detailed next to each and every product in the product page. Delivery times are up to 21 business daysworldwide, not including Friday, Saturday and official Israeli holidays.
- A product supplied to the customer will arrive in a closed package, which passed the early inspection for content and number of items it contains. In the event that a customer may have a complaint about missing items from a closed package, the complaint must be filed immediately to the site management, who will in turn act quickly to identify the problem.
- Product packaging and arrival confirmation – once a package is delivered to the customer, in the event of a disagreement regarding the package content between the customer and the site, both sides agree that the site’s documentation of the package contents is the evidence of the entire package contents upon arrival.
- A customer’s signature for delivery will be a confirmation of receiving the product. In the event a product arrives damaged due to outside damaging factors, the customer can refuse delivery and notify the site management at that time, so that they may decide what to do and approve the opening of the package by the customer prior to signing.
- The times of delivery may vary between countries, thus it is strongly suggested to leave a cellular phone number where you’d be most available at.
- Some areas only have courier services twice a week. In these cases the customer will receive the shipment according to the courier’s nearest drop-point.
- If a package is returned to the company offices by the postal service or courier service, and was not accepted by the customer, the company is under no obligation to re-send the package free of charge.
Credit card law and legal declarations
- The customer declares that they are familiar with credit card law, as it relates to “online purchases”, “remote purchases” and/or “phone purchases”.
- A customer who might deny the purchase to the credit card company, and be reimbursed by the credit card company, and in the event the site will prove that the order took place and product supplied to the specified address, and eventually will be discovered to be intentionally misusing a law that was intended for their innocent protection – in such a case the site owner keeps its right to sue damages for the abovementioned with no need to prove damages.
- If a product has been accepted by the customer, but they turned to the credit card company with a complaint about “remote purchase” and requested to cancel the transaction for any reason, it will not be with the consent of the site, who will still be able to demand or sue for compensation, and the customer may be left with a debt to the site.
- The site is not responsible for content on other sites it links to. The site also does not guarantee any link will connect to an active website.
- The site’s electronic documentation of activities on the site will be evidence of the accuracy of the activities.
- The site will be liable for the quality of a product, as generally accepted in the art world, and this as long as the customer followed the care instructions attached to the item. Usage not in accordance with said instructions will cancel the site’s liability.
- In the event of a disagreement about a service, quality or liability issue, after the receipt of the product and after some usage in the liability time frame, both sides agree ahead of time that in the event of a dispute or lawsuit, the sum of the lawsuit in such a case will not be over the price of a comparable, intact product, the value of which will be set the day of the suit.
- When requesting an exchange of a product due to some deformity, the original product will be sent to the site for inspection of quality assurance. Only following this inspection, and with the subsequent documentation of the deformity, will an alternative product be exchanged.
- The user promises to behave honestly and innocently at the time of purchase and/or order as well as after the purchase and delivery.
- The user promises to notify the site regarding any mistake in the product delivery they received or if they received the wrong product accidentally or more than the product ordered. For example, if a customer received to packages instead of the one they ordered or a package other than what they ordered. If such a mistake occurs and will be found out by the site, the customer will be responsible for payment for the extra product according to its value on the day of receipt, based on the site prices.
Privacy and information security
- The site promises to safeguard the user’s privacy and not divulge their details to any other entity.
- The site, its content, customer details, business and personal information are kept within the site system and protected by the best possible security. The entire site is secured with a unique SSL digital signature 128bit based technology. There is complete separation between the site servers and the customer database. Credit card information is jumbled using a special and unique code, so there is not realistic way for unauthorized persons to collect information from the site.
- The site displays a variety of products, with differing product details. In some cases, a mistake may be discovered in some product detail or definition or picture or corresponding picture or any sort of mistake. The site is responsible for the product as listed in the product headline and not to any other description or picture that may have been attached to it by mistake, or to any honest mistake innocently made.
The user gives up in advance any complaint based on this article.
- In any event of dispute or difference of opinion regarding this policy, the ruling entity is the Israeli laws.
- In any event where the customer will sue the site, even if the site has different stores in other places in the country, the user/customer agrees in advance that the lawsuit and/or hearing will take place in Herzeliya, Israel only.