By your activity on the Website or any of the additional services offered herein, you declare that you have the legal capacity to make use of the various services on the Website, including making payments through the use of the payment methods registered solely in your name.
In the case you are a minor (under 18) or you are not entitled to perform legal actions without a guardian’s approval, your use of the Website shall be deemed as if you received such guardian’s approval and Techno Ad shall not be liable for any damage of any type caused in connection with your use of the Website.
These terms apply to the use of the Website and the services contained herein on any computer or other communication device (such as a cellular telephone, PDAs of the various types). Similarly, they apply to the use of the Website, whether over the internet or any other network or means of telecommunication.
- Unless the parties have agreed otherwise in writing, the terms set out hereunder shall constitute part of each transaction entered into between Techno Ad and the Customer.
- The only binding terms shall be those set out herein and any other understanding, waiver or change shall not be valid without obtaining Techno Ad’s written confirmation.
- Techno Ad may from time to time, and without having to give the Customer prior notice before doing so, change the structure, appearance and design of the Website or any other aspect of the Website and the services included in it.
- Without derogating from the generality of the foregoing, Techno Ad may at any time stop providing all or some of the services on the Website.
- Placing an order through this Website constitutes agreement to the terms set out hereunder.
- The section headings have been included solely for the sake of convenience; they do not constitute part of the terms and will not serve as an aid to interpreting them.
Placing an Order
- A purchase order requested through the Website shall not constitute a contract between Techno Ad and the Customer.
- An order placed through the Website only constitutes an order request and is subject to written confirmation from Techno Ad, which shall make every effort to reply to the order request within 48 hours from the time of receiving the order.
- An order shall only be regarded as a binding order after Techno Ad has confirmed the order in writing.
- The display of any product on the Website does not constitute confirmation that the product is in stock.
- Techno Ad does not undertake to keep in stock a minimum quantity of any product, except in cases in which it was agreed otherwise in writing between Techno Ad and the Customer.
Payment and Consideration
- The prices listed on the Website are for goods as shown. The price of goods with respect to which the Customer wishes to make any change thereto will be as stated in the price quote which will be sent in writing. VAT prescribed by law will be added to each of the prices shown.
- The price quote will be valid for the period specified therein.
- The payment terms will be as detailed in the price quote.
- The prices are based on the tax, customs and levies rates applicable on the day stipulated in the price quote/ in the order. In the event a change is made to one or more of the components and/or the foregoing entities in Israel or overseas exceeding 5% the difference will apply to the Customer in accordance with a written update to be sent by Techno Ad.
- The Customer undertakes to pay Techno Ad in cash, immediately upon receiving its first written demand, the balance of any debt, and this in accordance with Techno Ad’s bookkeeping books, which will constitute proof of the debt. Nonpayment of one of the payments on time will make the entire debt available for immediate payoff.
- Techno Ad will be entitled to offset from any amount the Customer is entitled to receive, any amount it deserves from the Customer and/or someone on its behalf. The Customer will not be entitled to a lien and/or setoff any amount.
- Should the Customer enter bankruptcy proceedings and/or become subject to a (temporary or permanent) liquidation order and/or (temporary or permanent) receivership order and/or a (temporary or permanent) stay of proceedings order and/or the (temporary or permanent) appointment of a trustee and/or an attachment of assets order, or become legally incompetent or should one of the aforementioned events occur, then immediate payoff of the entire debt shall be required and Techno Ad may act accordingly, including through setoff.
- Any consideration owed to Techno Ad according to an order form and/or invoice not be paid on time, shall carry interest at the rate being charged at that time by Bank Leumi Le-Israel on unauthorized overdrafts, from the agreed payment date until the date of actual payment.
Supply and Suitability
- Pictures of the products on the Website are intended solely for illustration purposes and differences may apply to appearance, shade, size and the like between the picture of the product on the Website and the product actually sold, both due to electronic media restrictions (transferring colors, shares and the like) or changes made to products from time to time. This does not impose upon Techno Ad, or anyone on its behalf, any liability for any difference and/or change between the picture of the product and the product actually received.
- Techno Ad reserves its right to increase or reduce the quantities of goods ordered by up to 10%.
- Techno Ad reserves its right, without giving prior notice, to manufacture and dispatch 5% +/- than the original quantities that were ordered for parts in a special personal order.
- The Customer declares and confirms that he is aware that the supply dates given by Techno Ad are only estimated, and that delays in supply may occur due to issues with the products’ manufacturers, foreign suppliers, transportation by sea, air or land abroad or in Israel, or their release at ports or due to a “force majeure” affecting Techno Ad or its suppliers.
- Techno Ad shall not be responsible for delays in supply dates caused by reasons beyond its control.
- The Customer undertakes to notify Techno Ad of any defect in the goods and/or goods which do not meet the agreed criteria within 30 days of receiving them. The Customer may not return and/or discard goods without receiving Techno Ad’s written consent.
- Unless it stated otherwise in writing, Techno Ad shall not be responsible for the goods’ suitability for a particular purpose.
Ownership and Lien
- Custom-made molds and tools (or molds and tools manufactured under the customer’s logo) shall be available for the Customer and/or someone on its behalf who paid for them. Without derogating from the provisions above, it is clarified that ownership of molds and tools shall remain the exclusive property of Techno Ad and/or the manufacturing supplier (as applicable) and ownership will not be transferred to the Customer, unless in cases agreed otherwise in writing between Techno Ad and the customer.
- All goods, including shelf and/or custom-made products, whether actually supplied to the customer or not, shall remain the exclusive property of Techno Ad, until the full consideration thereof has bee fully paid for.
- Non-payment of the consideration or part thereof on a due date of a given payment shall constitute a breach on the customer’s part. In such a case, Techno Ad may enter the Customer’s premises and seize the goods, without requiring the Customer’s consent or any judicial order.
- Techno Ad shall have a right of lien over all the Customer’s goods and merchandise in its possession (for the purposes of this section hereunder: “the Goods”) in order to guarantee fulfillment of all the customer’s obligations toward Techno Ad.
- Techno Ad guarantees that all the products sold shall be free of defects at the time the goods are shipped to the Customer.
- Should it be proven that a product fails to meet the Customer’s requirements as defined in a drawing and the product specifications, Techno Ad will act further to one of the following ways at its sole discretion: a. replace the goods free of charge, including but not limited to transportation. It is clarified that in such a case, the Customer shall pay the installation cost; b. refund the purchase cost.
- Without derogating from the foregoing, it is clarified that Techno Ad shall not accept returned goods in the case the goods were tailored specifically to meet the Customer’s requirements and received its approval, provided that the goods were indeed supplied in accordance with what had been agreed.
- The provisions in Sections 32 – 33 above are subject to the fact that the goods were not subject to negligence, an accident, misuse, misapplication, faulty installation or damage which was beyond Techno Ad’s control.
- Techno Ad’s liability shall be limited as described in these terms, unless required otherwise by law. Under no circumstances shall Techno Ad’s liability exceed the purchase price. It is clarified that Techno Ad shall not be liable for any indirect, concomitant, consequential, circumstantial, special, collateral damage, diminished tradability, any loss or damage, loss of profit or damage to goodwill the Customer or a third party may sustain.
- In the case of the Customer placing customized orders, that is, orders for products that are not shelf products and/or standard products stocked by Techno Ad, the Customer confirms that it is aware that Techno Ad will supply the order in accordance with the Customer’s specific requirements and therefore, cancelling the order or a breach of any of the order terms by the
- Customer could result in a complete loss of value of the goods and the customer undertakes to compensate Techno Ad for all its damages in such a case.
Similarly, it is likewise clarified, that in the case of a customized order, the supply dates shall be as specified to the customer in writing.
- Any change the Customer requests to make with respect to an order after it is approved shall be subject to Techno Ad’s written approval. A change as previously mentioned shall constitute a new order for which additional consideration shall be payable, unless it was agreed otherwise in writing.
- It is clarified that a request to change an order shall cause a delay in the delivery date of the goods.
- All intellectual property rights in the Website, including trademarks and logos, belong exclusively to Techno Ad, or to other third parties who have authorized Techno Ad to use them.
- The contents of the Website and no part thereof may be copied, changed, published, distributed, marketed, translated, processed or used for any commercial purpose, whether by the customer or through or in collaboration with a third party, in any way or by any electronic, computerized, mechanical, optical, photographic, audio or other technique, without obtaining prior written consent from Techno Ad or the other proprietors, as the case may be, and subject to the conditions thereof (should any be stipulated).
- Techno Ad invokes reasonable technical and organizational precautionary measures to prevent loss, abuse or changes being made to the personal information, and implements information security systems and procedures on the Website. Although these systems and procedures reduce the risks of unauthorized hacking into the Website’s computers, they are not absolutely hack proof. Therefore, Techno Ad does not undertake that the services on the Website will be absolutely immune to unauthorized access to information stored therein.
Links and Commercial Advertising Information on the Website
- Insofar as there are “Links” on the Website to other websites that are not managed and operated by Techno Ad, Techno Ad shall not bear any liability as detailed above in Sections 32-36.
- Techno Ad does not undertake that all the Links found on the Website will work and lead to an active website. The mere fact that a given Link exists on the Website does not infer that the content of the linked website is reliable, complete or current, and Techno Ad shall not bear any liability in connection thereto. The Links to the Website and from it will not be construed as an act of support or sponsoring, expressly or impliedly, by Techno Ad, with respect to those other sources.
- Orders shall only be binding on Techno Ad if they are confirmed by it in writing. Should the customer fail to honor any obligation towards Techno Ad, whether in relation to this or any other transaction, Techno Ad may defer the supply dates or cancel (all or some of) the orders until all the Customer’s obligations towards Techno Ad have been fulfilled.
- No waiver or acquiescence in one case or in a series of cases shall be regarded as changing the conditions of an order, but only a written document signed by the parties.
- By not exercising a right granted to him by these terms a party shall not be precluded from subsequently doing so or be deemed to have waived that right.