The terms and conditions herein shall apply to all sales of Marine Cosmetics’ products (the “Products”) available on Marine Cosmetics’ Web Site (the “Web Site”) to a buyer of such Products (the “Buyer”). This Agreement and the Terms of Use of the Web Site, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understanding or representations, oral or written between the parties hereto regarding such matter. By clicking the “I agree” button herein, the Buyer gives its consent to these General Terms of Sale and to the Terms of Use.
1. Products. The Products offered for sale on the Web Site are those displayed in the Web Site on the date in which the order was placed. The photographs of the Products in the Web Site are illustrative however shall no be deemed as part of this Agreement. Should such photographs contain errors, Marine Cosmetics shall not bear any liability in such respect.
2. Pricing. The prices indicated for Products available via the Web Site are all inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges in the amount of 7 (seven) Euro per shipment. Notwithstanding, in the event that the aggregate consideration for the Products in a single order exceeds 50 (Fifty) Euro, the Buyer shall not be required to pay delivery charges. All prices are subject to change by Marine Cosmetics.
3. Payment Terms. All payments shall be made using credit cards as indicated in the Terms of Use. No Products shall be delivered until the payment is authorized by the credit card issuer.
4. Delivery. Marine Cosmetics will use reasonable commercial efforts to meet the delivery dates specified in the Web Site, but will not be liable for any failure to meet such dates. Buyer waives any right and/or claim he may have against Marine Cosmetics due to delays in the delivery of the Products.
5. Inspection of the Products. Buyer shall inspect the Products upon receipt, and shall notify Marine Cosmetics within 7 days from the date of receipt of any damage, if any, in the Products. Buyer will be deemed to have accepted Products unless Buyer gives Marine Cosmetics written notice of rejection within ten (10) days after receipt of the Products and the Buyer may not raise any claim with respect to the Products following such 10-days period.
6. Return of the Products. The Buyer shall not have the right to return opened or used Products purchased from Marine Cosmetics unless such Products are returned pursuant to section 5 above. The Buyer has the right to return any Product the original package of which was not opened within 21-days from the date of delivery thereof and to receive refund for the purchase price of such Product however Buyer shall not be entitled to receive refund for the delivery costs and shall also be responsible to bear the costs of resending the Product back to Marine Cosmetics. Buyer shall attach to the returned Products the Invoice that was issued by the Company.
7. Transportation of Rejected or Warranted Product(s). Buyer is responsible for all arrangements and costs associated with the handling and transportation of Product(s) being returned to Marine Cosmetics. Marine Cosmetics shall pay for return transportation of any replaced Product(s) (i.e. Products replacing damaged Products).
8. Products Warranty. Marine Cosmetics warrants that at the time of delivery and within the applicable warranty period as provided in the documentation attached to each Product, the Products shall be free from defects and shall fit for the purpose intended for the Products. The Buyer must read carefully the Product’s manual and follow the instructions set out in such manual, including with respect to the expiry date of the Products. Marine Cosmetics shall not be liable to any damage that may be caused due to the use of the Product(s) which is not in compliance with the Products’ manual.
9. General Provisions Applicable to Warranties. The warranty as expressed herein is exclusive and in lieu of all other warranties. Marine Cosmetics makes no other warranty, written or oral, expressed or implied and Marine Cosmetics expressly disclaims any warranties of merchantability and/or fitness to or for a particular purpose. This warranty is given by Marine Cosmetics to Buyer and to no other person or legal entity whatsoever.
10. Limitations of Liability. If the Product(s) are not free from defects as warranted, Buyer’s sole remedy shall be replacement in accordance with the terms hereof. In no event shall Marine Cosmetics nor any of its employees or officers be liable for any special, indirect, incidental, exemplary or consequential damages, sundry damages or any damages whatsoever resulting from Buyer’s use of the Products. In no event shall Marine Cosmetics’ liability to Buyer, regardless of whether based on contract, tort or otherwise, exceed the amount paid by Buyer for the Product(s). The said limitations and exclusions of liability shall apply whether or not any such damages are construed as arising from a breach of a representation, warranty, guarantee, covenant, obligation, condition or fundamental term of the agreement between Buyer and Marine Cosmetics. Subject to any applicable law, in no event shall Marine Cosmetics be liable for any claims, losses, damages, judgments, costs, awards, expenses or liabilities of any kind whatsoever arising directly or indirectly from any injury to person or property, arising from the Product(s) or any use thereof.
11. Force Majeure. Marine Cosmetics shall not be responsible for any failure to provide the Products due to unforeseen circumstances or to causes beyond Marine Cosmetics’ reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. In event of any such delay, Marine Cosmetics may defer its performance date for a period equal to the time of such delay.
12. Proprietary Rights. Marine Cosmetics is the exclusive owner of, and has all right, title and interest in, all inventions, technology, designs, ideas, methods, know-how, and all patents, trademarks, trade secret rights, copyrights, names, artwork and all other intellectual property used in the design and manufacture of Marine Cosmetics’ Products.
13. Applicable Law. This agreement shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any choice or conflict of law provision or rule. Any suit, action or proceeding arising out of or relating to this agreement shall be instituted exclusively in the competent courts situated in the Tel-Aviv District, Israel.
14. No Waiver. Failure to enforce any rights hereunder, irrespective of the length of time for which such failure continues, shall not constitute a waiver of those or any other rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.
15. Amendment. Marine Cosmetics may at any time, or from time to time, amend its policies in regard to service, terms of sale and/or delivery of the Products.
16. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.