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Terms and Conditions

1. Purpose of the Website –

The "SHIBUMI" website (hereinafter: the "Website") is an online commerce platform for the sale and marketing of tactical textile products.
The Website owner may, at his sole discretion, add services and/or products, whether free of charge or subject to payment.


2. Definitions –

User/Visitor – Any individual or legal entity browsing or visiting the Website.
Owner – Shibumi Gear Ltd. 517164307

Email address: shiri@shibumigear.com

Phone: +972-54-6444-417

Address: 8 Zlocisti St., Tel Aviv 6299408, Israel

The Website – The domain https://www.shibumigear.com/category/shibumi-poncho including all its sub-domains.
The Terms – This document, including all its provisions and sections.


3. General –

Welcome to the Website. It is important to us that you review these Terms of Use, which detail the conditions of use, privacy policy, and guidelines relating to intellectual property.
Please read these Terms carefully -  by accessing or browsing the Website, you agree to be bound by them. If you do not agree with any of the provisions, you are requested to refrain from using the Website.

Purchases on the Website are permitted for individuals aged 18 and above. Purchases by individuals under 18 are permitted only with the consent of their lawful guardian.

These Terms are binding upon anyone visiting the Website, making a purchase, or performing any other action, from any device and anywhere in the world.

In the event of any contradiction between the provisions of these Terms and information appearing in other sources (such as publications or supplemental agreements), the provisions of these Terms shall prevail.
Thank you for visiting – we wish you an enjoyable browsing and shopping experience!

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4. Privacy –

The Website owner respects the privacy of its visitors and acts in accordance with applicable law. To read the full Privacy Policy, please refer to the "Privacy Policy" link on the Website’s homepage. (Privacy Policy is provided in a separate document).

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5. Website Availability –

The Website owner makes efforts to ensure the smooth operation and availability of the Website. However, users should note that disruptions in availability or browsing may occur, due to ongoing updates, infrastructure work, user-side malfunctions, internet provider issues, external server problems, or other unforeseen factors including hosting service failures or cyberattacks.
The Website owner will make reasonable efforts to provide prior notice of planned disruptions but cannot always guarantee such notice. The Website owner reserves the right to suspend, disable, or modify the operation of the Website without prior notice.

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6. Disclaimer and limitation of liability–

6.1. The Website is hosted on a server secured by an external company. The Website owner shall not be liable for any damage resulting from external intrusion into the Website – including, but not limited to: distribution/sale of information following a breach, data corruption, infringement of copyrights or other intellectual property rights, or any damage caused by tampering with the Website or its contents.
6.2. The Website owner shall not be liable for the content of external advertisements (images/links) that may appear or be embedded in the Website, or for the content/information appearing on websites to which such links lead. 
6.3. The Website owner and/or anyone on his behalf does not monitor or review all the content on those external websites.
If you encounter offensive advertisements/links, or content uploaded by users that violates these Terms, please notify the Website owner at: shiri@shibumigear.com  and we will address the matter as soon as possible.
6.4. Errors or inaccuracies may appear on the Website in good faith, including outdated information. The Website owner shall not be liable for damages incurred by reliance on such information.
6.5. The Website owner strives to present products and services accurately by means of images. However, minor discrepancies or inaccuracies may occur, such as color shades, between product images and actual products supplied. Such discrepancies, which may arise from good faith or from display methods, shall not be considered misleading. Images are for illustration purposes only; slight variations in size, color, or exact product type do not constitute misrepresentation.

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6.6. Force Majeure –

If the Website owner is unable to fulfill one or more of his obligations due to force majeure, performance of the obligation shall be postponed to another date as determined by the parties. Force majeure in this agreement includes: security-related incidents, including acts of war or hostilities, strikes, natural disasters, pandemics such as COVID-19, or health-related constraints. If the owner’s services cannot be postponed to an alternative date, this shall not constitute a breach, and the user shall have no claims or demands against the Website owner.

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6.7. Limitation of Liability –

If, under applicable law, the Website owner is determined liable for compensation, such liability shall be limited to the amount actually paid by the purchasing user to the Website owner. For the avoidance of doubt, the Website owner’s liability shall extend to direct damages only and shall not apply to indirect damages such as loss of profit, damage to reputation, loss of customers, etc.
If applicable law does not permit such exclusions or limitations, they shall apply only to the maximum extent permitted by law.

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7. Prohibited Use of the Website –

7.1. No action may be taken, directly or by a third party, that may harm the Website, its availability, or the content displayed on it, or disrupt its operation.
It is forbidden to use any software code or digital/electronic/automated means, including viruses, worms, or bots, with the intention of harming the Website.
7.2. No action may be taken that may disrupt or overload the functioning of the owner’s computers or servers.
7.3. No action may be taken that may delete, corrupt, or alter the Website owner’s data.
7.4. It is forbidden to access computer materials and/or information belonging to the Website owner without authorization.
7.5. Users and/or third parties may not use the Website and/or its contents for commercial purposes, machine learning purposes, or any other purpose without the owner’s consent.
For the purpose of this section, "Website Content" includes: text, images, designs, graphics, video and/or audio clips, users’ personal details, statistical data about user activity, software code.
7.6. The Website owner may, at his discretion, block or restrict the access of any user who violates these Terms. A user whose access has been blocked or restricted shall not be entitled to any compensation or indemnification from the Website owner.

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8. User Responsibility –

8.1. The user shall be solely responsible for any damage caused as a result of violating these Terms.
8.2. Without derogating from the above, the user shall indemnify the Website owner for any damage, financial or otherwise, and/or any claim or demand by a third party arising from:

  1. Violation of any of these Terms;

  2. Use of the Website and/or its contents not in accordance with these Terms;

  3. Violation by the user of any third-party rights, including (but not limited to) intellectual property rights or privacy rights;

  4. Any damage of any kind, direct, indirect, special, or consequential, caused to a third party in connection with use of the Website or its contents.
    The user shall also bear legal expenses, attorney fees, professional fees, and any other costs related to damages caused as described above.

 

9. Updates and Amendments –

9.1. The Website owner reserves the right to update these Terms from time to time as needed.
9.2. The Website owner is not obligated to notify users of amendments to these Terms; however, in the event of material changes, a notice will be published on the Website.
9.3. Changes shall take effect from the date of their publication/update, and the amended version shall be binding upon users.

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10. Jurisdiction –

The governing law for any dispute or claim relating to these Terms shall be the laws of the State of Israel.
Exclusive and sole jurisdiction shall lie with the competent court in Tel Aviv-Jaffa.

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11. Customer Service –

For any inquiry, complaint, or question, Website customers may contact customer service by email at info@shibumigear.com  or by phone at +972-54-6444-417 during business hours.

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12. Terms and Conditions for the Purchase of Products and Services from the Website

12.1. General –

A price quote request form must be completed on the Website, and a representative will contact the customer.
12.2. The publication of a product on the Website does not constitute an offer. An order placed by the customer constitutes an offer to purchase, which the Website owner may accept or reject at his discretion.
12.3. The purchaser declares that he purchases the Website’s products for personal use only and not for commercial purposes. Resale or marketing of the products is prohibited, as is any other commercial or marketing use, unless approved by the Website owner.
12.4. If fraud is suspected, or if the customer violates any of the Website’s Terms of Use, the Website owner may cancel the customer’s order, and a notification will be sent to the user.

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13. Cancellations and Refunds –

13.1. Cancellations of transactions made through the Website shall be subject to applicable law.
13.2. The purchaser may cancel a transaction within 14 days from the date of receiving the product or the transaction details, whichever is later. This provision does not apply to products for which cancellation rights do not apply under the Israeli Consumer Protection Law and its regulations, including customized products. Products must be returned in the condition received, clean, packaged, and unused. The purchaser shall bear the cost of return shipping.
13.3. Purchasers who are persons with disabilities, senior citizens, or new immigrants shall be entitled to cancel a transaction within four months from the date of the agreement, receipt of the product, or receipt of the required details as stipulated by law, whichever is later, provided the product was unused and the transaction involved direct communication between the business and the consumer. The product must be returned in its original condition and packaging. The purchaser shall bear the cost of return shipping.
13.4. If a product is cancelled for reasons unrelated to defects, the purchaser shall bear the cost of shipping and returning the product to the seller’s warehouse.
13.5. Defective Products – Products are shipped in whole and proper condition. If, for any reason, the purchaser receives a defective product, he must document and notify the Website owner promptly. Upon proof of defect, the Website owner shall provide a replacement product as soon as possible.
13.6. The Website owner may charge a cancellation fee in accordance with the law – up to 5% of the purchase price or 100 NIS, whichever is lower. In the case of cancellation due to defect or nonconformity, no shipping or cancellation fees will be charged.
13.7. The Website owner may also charge the consumer for credit card processing fees actually incurred on the cancelled transaction.
13.8. For any questions or issues regarding cancellations or refunds, please contact us directly, and we will make every effort to resolve the matter. 

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13.9. Product Warranty –

There is a one-year warranty on textiles, stitching, zippers, and opening systems.
13.10. Cancellation notices must be sent to the Website owner via one of the following:

Email: info@shibumigear.com 
Phone: +972-54-6444-417

 

Copyright Notice –
This Terms and Conditions document constitutes a protected work under copyright law. Copying, publishing, or making any use of it without the consent of the rights holder is prohibited.

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