Privacy Policy
DEFINITIONS
In these Terms of Use, the following terms shall have the meaning ascribed to the, unless otherwise specifically indicated.The Company – DON’T TELL MAMA, The Site – donttellmama-studio.com The Brand/ the Manufacturer /the Site/ Site Management: don’t tell mama, Claire Hirschberg License Business Dealer No. 51675876.Products: The clothing, the accessories and all the items and goods which are offered for sale and appear on the Site.
DATE OF DELIVERY
Time of Delivery of Products: Delivery Date of the Products – the day on which the items shall be transferred to the desired location by the user.Reg istered Mail for the Delivery of the Products: Until 14 business days, and subject to the delivery limitations of the Israeli Post Company, Ltd.Courier Mail: Until 14 business days upon the approval of the order by the credit card companies. Shipping abroad takes up to about two and a half weeks and is subject to the limitations of the sending company.The user: the customer/ webpage surfer/ the client/ the online client/ user of the site and company products/site member/ any person and/or companyand/or party who makes use of the site (for the sake of convenience all of the above shall be referred to, jointly and severally, as the “user”.)Day the Order is Processed: the next day after which the transaction has been approved by the user’s credit card company and/or by PAY PAL .Approval of the Order: constitutes an invoice with the details of the transaction purchase.
MAILING ADDRESS
the address which is reg istered by the user on the purchase order form as the mailing address.Requested Date for the Delivery of the Products – the date which has been recorded by the user on the purchase order as the time which he prefers thatthe Products be delivered.Business Days are weekdays only (Sunday – Thursday), between the hours 10:00 AM and until 15:30 PM (anytime after 15:30 PM shall be deemed the followingbusiness day, for example, an order on Wednesday at 17:00 PM shall be considered as if it was recorded on Thursday at 10:00 AM, and an order on a Thursdayat 15:45 PM shall be considered the following business day, i.e. Sunday at 10:00 AM), and does not include Fridays, Saturdays, eves of holidays or intermediateholiday days.GENERAL
We at the “Don’t Tell Mama” Site congratulate you, the User on your selection to use the Site and we hope that it is to your satisfaction and constitutesfor you a new interactive shopping experience. Prior to any use of the Site, including completion of a purchase through the Site or any other interactiveactivity on the Site, kindly read the Terms of Use carefully. Any and all use of the Site constitutes explicit acceptance of the Term of Use as detailed below.The Site serves as a virtual store for the sale of the Products, clothing and t-shirts which have been designed by the Com pany, and in addition the Com panymay sell products which it did not design. The use of the masculine language is for convenience purposes only and is applicable to both genders.The provisions of these Terms of Use and the conditions of use which appear on the Site define the leg al relationship between the User and the Site. Any andall use of the Site and/or the ordering of Products through the Site are indicative of the explicit consent by the User of these terms and any additionalterms which are on this Site.The use of this Site and/or becoming a member of the Site and/or the purchase of an item offered for sale on this Site constitutes certification that theUser read these Terms of Use and that he agrees to all its provisions and terms, and that he or his representatives will not any claim and/or demand and/or alleg ation against the Site and/or partnership and/or Site Management and/or its directors and/or its employees with any matters relating to theprovisions and conditions of these Terms of Use.If you do not agree to the conditions of these Terms of Use, you are hereby requested not to use this Site and or join the User’s members club on the Site.These conditions are applicable to the use of the Site and the services provided on this Site, by means of a computer or any communication device and/orany cellular and/or any other means where orders may be made on the Site (for example, cellular telephones, various tablets and any other electronicdevice). In addition, it is also applicable on the use of the Site, whether by means of the Internet or any other form of communication.Site Management is not obligated to maintain an inventory of all the models and/or clothes whose pictures appear on the Site.The pictures on the Site are for illustration purposes only and Site Management will endeavor to the best of its capabilities to present accurate photos ofthe product, to the extent that it is possible. Site Management informs you that there may be variations in the shades and colors which may result from thequality of the images and the screen on which the Products appear, and therefore there may be certain variations of the shades and colors. Therefore,you can not solely rely on the photographs on the Site, however it should be emphasized that Site Management will endeavor to the best of its capabilitiesto upload a picture on the Site which accurately reflects, to the best extent possible, the Products which are sold on the Site.Site Management will endeavor to the best of its capabilities to present the complete and most comprehensive information about the Product, includingphotographs. Despite the provisions in this section, it should be clarified, that inconsistencies or errors may be found on the Site and that such inconsistenciesor errors have been done in good faith and without malice and/or any desire to deceive anyone. Site Management will not be liable in any manner for thesetypes of inconsistencies or errors.The price of the Products on the Site includes VAT as required by law.Site Management’s computer records of the activities executed by means of the Site will constitute prima facie evidence of the accuracy of such activities.Site Management reserves the right to amend these Terms of Use, from time to time, such that amended and updated Terms of Use will reg ularly appear onthe Site.Any engagement on the Site is designated for individuals who are 18 and older. By approving these Terms of Use, you hereby confirm that you are at least18 years old.Despite the Com pany’s efforts, errors may occur and / or disruptions and / or disorders and / or problems in connection with the website browser,including disruptions in communications, computing and the Internet, for any reason, including, but not limited to human error. By using the Com pany’ssite, the user releases the Com pany from any claim and / or demand and / or claim for an event and / or damage and / or expense and / or loss incurreddirectly and / or indirectly in connection with errors and / or disruption and / or disorders and / or failures as noted and / or in connection withactions taken by the company, if you choose to do so, at its sole discretion, in connection with errors and / or disruptions and / or disorders and / orproblems noted, and will not be entitled to any compensation, indemnification and / or remedy.WHAT IS THE SITE?
The Site is managed and operated by the licensed business “don’t tell mama” (hereinafter: “Site Management”).The Site serves as a virtual store, presenting and offering for sale a variety of fashion items, clothing and accessories, for women, men and babies, whichwill be sold according to the existing inventory.All orders will be done through the Site and will be subject to the details provided in the conditions of these Terms of User (hereinafter: the “Service”).Fo r any questions relating to the Site, the conditions of its use, the Products which appear on the Site, for orders and inquiries, you may contact SiteManagement by means of electronic mail (info@donttellmama-studio.com) or customer service phone number 077-5508029 and the service representativeswill return to you as soon as possible.Providing information on the Site is equivalent to your consent of the Terms of Use and Privacy Policy, and therefore Site Management shall be entitled(but not obligated) to present or send you updates through your account of the Site, by electronic mail, by fax and SMS, and this includes contentupdates, information about the service and products of other companies, sales, novelties and advertisements on the Site, as defined in Section 30A of theComm unications Law (Telecommunications Broadcasting), 5742 – 1982. At any time, your consent may be reneged and you may notify Site Management thatyou refuse to receive advertisement materials, in general or in particular, by sending a message of the refusal to receive messages. The way to send amessage will be detailed at the end of each advertisement which will be sent to you.PURCHASE OF PRODUCTS
The purchase of Products will be done by adding the Products to the shopping cart. After adding Products to the shopping cart, the User will be askedto enter on the online form which is intended for each purchase order, the following details: first name, family name, telephone number, e-mail address,and in addition you must provide the details on the individual who will receive the order, their first name, last name, telephone number, city, street andhouse number, floor, apartment number, entrance and any additional information which will assist in easily locating the location where the order is beingdelivered, including comments and information about the shipment and/or if in the event that the delivery was sent via express courier mail then suchinformation was provided accordingly. There is an obligation to fill in all the asterisk marked fields and without filling them in the order will not be filled.The User’s details will be updated according to the online form on the Site.Filling in the required details for the purchase of products by the User shall constitute execute of the order (hereinafter: the “Order”). With receipt of theOrder, the Site will conduct an examination of the credit card details and will be permitted to delay the Order until receipt of authorization from thecredit card company and/or receipt of authorization from PayPal. After receiving authorization, the activity will be approved and a final authorizationof the Order will be produced, the User will be charged via his credit card and/or PayPal account and all is subject to the Product being in the inventory.Site Management will not be liable for any delays in delivery for any reason whatsoever. The liability for the delivery of the Products, their condition uponarrival and the time of their delivery to the User’s doorstep are the sole liability of the shipping company and/or the Israeli Post Com pany.The details as provided on the online form by the User constitute an institutional record as defined in the Evidence Ordinance and will be deemed conclusiveevidence as to the accuracy of the activities.FORM OF PAYMENT FOR THE ORDER
Payment for the Products will be done via a credit card or by means of an account with the service known as an “electronic wallet” such as PayPal (WWW.PAYPAL .COM) and any similar service, as will be available for use on the Site.In the event that the User will select to use a credit card for payment, he will be asked to provide the details of the credit card, identification number, typeof credit card and its validity.If the User will select to make payment through the PayPal account, he will be asked to enter the details of his PayPal account as it appears on the PayPalsite. In the event that the User will select to pay by means of his PayPal account, Management Site may collect the payment for the Products after receiptof authorization from PayPal. Use, commissions and PayPal authorization are subject to the terms of use of the PayPal site.Site Management reserves the right to cease the use of any credit card on the Site, to permit additional forms of payment and beg in various types ofpayment arrangements for different credit cards or different payments which will be honored by Site Management.After all payment details have been entered into the online order form, the User will receive an authorization of the receipt of the details of his Ordervia e-mail. It should be noted that this authorization does not obligate Site Management to provide the Products which were ordered and only serves toindicate that the Order was reg istered.If a Product which was ordered is not in inventory, then, Site Management will try to indicate next to the Product that the Product is “out of stock”. To theextent that the Product is “out of stock” and does not appear as such on the Site, Site Management will contact the User and update him, and the User mayselect to either wait until the Product has been replenished or receive an alternate Product (exchanging the Product with an alternate Product is basedupon the User’s choice, whereby such exchange may either require the credit of the account or additional payment) or cancelling the transaction andreceiving a full refund.Immediately upon completion of the Order, Site Management will conduct an examination of the credit card details and upon receipt of authorizationfrom the credit card company or Paypal, in accordance with the User’s payment option, the appropriate notification will be sent to the User indicating tohim that the Order has been approved and that his account has been charged for the cost of the Product.In the event that a transaction has not been approved by the credit card company or through the PayPal account or through any other form of payment,the User will receive the appropriate notification and Site Management will contact him either to complete or cancel the transaction.Authorization of the purchase is conditional upon the Product being in the inventory on the date of the requested Delivery Date of the Products and/orthe time of the Order.It should be noted that there may situations that even if the item presented on the Site is listed as being in inventory, it may actually be out of stock andcannot be supplied. In these situations, the transaction will be cancelled and the User will have no claim in reg ard to this matter and this is subject to therefund of any money which has been paid by the User.The Date of Delivery will be determined upon the following day from the day upon which the transaction was approved by the credit card company orauthorization from the PayPal account or any other available electronic wallet service and until its arrival to the User’s home.If the User has been wrongly charged by the credit card company, it is the User’s liability to inform Site Management in order to credit the accountaccordingly.SUPPLY AND DELIVERY OF THE PRODUCTS
The Site will only provide the Product, for which it has received authorization from the credit card company and/or the PayPal account, meaning thatonly the Product for which payment has been made, as detailed above. The Product will be delivered to the Mailing Address which the User provided in theonline purchase order form at the time of purchase.The Site undertakes to deliver the Product to the requested destination within the turnaround time and will endeavor to the best of its capabilities to ensurethat the Product will arrive on time.In the event that the Site will not supply the Product on the Requested Date for the Delivery of the Products (in such instance when the Site Management isrequested to send the Product on a specific day), Site Management will coordinate with the User a new delivery date.Site Management will endeavor to the best of its capabilities to supply the Products swiftly and the Products will be sent within 14 business days from theauthorization of the Order. Deliveries that will be delivered through shipping companies by Site Management are subject to the conditions and policies of the shipping companies,distribution areas of the shipping companies, its conditions and exceptions.In the event that the shipping company from Site Management is unable to make the delivery to the User’s Mailing Address for any reason whatsoever, anotification will be sent to the User or the recipient of the Order reg arding such matter and Site Management will operate to find an alternate solution.In the instances where the Products are delivered through the Israeli Post, the Products will be sent subject to delivery dates of the Israeli Post and are notsubject to the examination of Site Management and/or its suppliers and is not under their control.Use of the Site and/or purchase through the Site constitutes a declaration that the User has no claim against Site Management and/or suppliers and/oranyone on their representatives with respect to any hindrances to the Delivery Date of the Products.Delivery Dates indicated on the Site and above are not applicable to the Products which are no longer in the Site’s inventory, and which with reg ard tothose Products, the User will agree to an alternate delivery date according to the availability and replenishment of the stock.The deliveries are executed by shipping companies and it is via these companies that the Products will be transported. The terms of the shipping companieswill obligate the User. Fo r additional details, please review the policies of the shipping companies and the Israeli Post.Shipping Fees – In addition to the price of Product ordered on the Site, the User will be required to pay the Shipping Fees. The Shipping Fee amount will appearat the end of the order procedure and according to the shipping manner which the User has selected and the shipping policies of the shipping companiesand/or the Israeli Post.The Shipping Fess will be paid with along with the payment of the sold Product via the credit card and/or the PayPal account. The Site may charge ShippingFees with the charge of the first payment.The Site shall not be liable for any delinquencies and/or delays in the delivery and/or failure to deliver as a result of force majeure and without derogatingfrom the generality of the aforego ing this shall include war and/or military operation and/or emergency situation and/or natural disasters and/orevents which are not in the direct control of the Site, by way of example (but not limited to such) limitations due to strikes and lock-outs in the economyand/or service or merchandise providers required to produce and/or supply and/or transport the Products.The shipping carrier shall bear the liability for any delinquencies and/or delays and/or non-delivery on his part and the User will contact them directly.Listed Delivery Dates of the Products include only the calculation of business days (Sundays through Thursdays and do not include Fridays and Saturday,holiday eves and intermediate holiday days).The User must immediately notify the Site if the Product was not delivered within the delivery period detailed on the Site. In such an event, the new deliveryperiod will be considered from the new coordinated time.In the event that the Products are returned to the Com pany due to incorrect details, the User will be charged an additional shipping and handling fees,and therefore the User is requested to carefully fill in the precise and accurate details.In the event that a Product is returned to the Com pany because of incorrect details, the User may elect to personally collect the Product himself, but theshipping fess will not be refunded.PRODUCT RETURN POLICY AND CANCELLATION OF A TRANSACTION
This section is subject to the Co nsumer Protection Law, 5741 – 1981 (hereinafter: the “Law”).A User will be entitled to cancel an Order according to the provisions of the Law.The User can return any Product which has not been offered on a special price and/or on sale and/or on discount within 14 days from receipt of theProduct and provided that the Product has not been opened and is in its original packaging, has not been used, the product labels have not been removedand no damage and/or tear has been caused to the Product.Yo u hereby declare and consent that according to the Ministry of Health guidelines no returns of undergarments and lingerie (for example, underwear,brassieres, bathing suits, etc.) will be permitted and no refund will be provided for them.Cancellation prior to the delivery of the Product by Site Management will be without any charge provided that it is within 48 hours from the date of thecompletion of the Order. With the cancellation of the Order, the money will refunded to the User but the recipient will bear the costs of the return of themerchandise to the warehouse.In the event the cancellation of a transaction occurred after the Product was sent to the User, the User will receive a refund only after the merchandisehas been returned to the warehouse of Site Management, and provided that the Product is in its original packaging, is complete and without damage ofany kind and has not been used. A Product which has been returned and does not fulfill the conditions of this section, then the User will not be entitledto a cash refund and/or any other refund including a credit voucher.With reg ard to a flaw in the Product, and in the event that the User did not notify Site Management about any flaws in the Product with 24 hours from itsreceipt, then the lack of notification will constitute that there are no flaws in the Product and the User will have no claim against Site Management and/or the Site with reg ard to any flaw in the Product.Refunds will be credited to the credit card and/or the PayPal account on which the Order was made, minus 5% of the value of the Product or NIS 100,whichever is lower and this is according to the Co nsumer Protection Law, 5741 – 1981. The refund will be transferred to the User’s credit card and/or PayPalaccount and will be subject to the policies of the credit card companies and PayPal.Cancellation of an Order will be done through an e-mail to Site Management, to the e-mail address info@donttellmama-studio.com or by contacting thecompany’s customer service center.As a rule, refunds will be transferred only to the credit cards on which the Order was placed.Yo ur hereby agree and consent that sale and/or discounted and/or special and/or clearance and/or end –of-season Products, may be returned onlywithin 5 days from the User’s receipt.Yo ur hereby agree and consent that with respect to gift cards there will be no monetary refund and/or return and that use of these card will only bedone through ordering on the Site and until the gift card amount has been completely used.THE SITE MAY CANCEL AN ORDER, IN WHOLE OR IN PART:
In the event that an error was discovered reg arding the price of the Product on the Site or its actual price.In the event that a communication error and/or technical problem have occurred and which prevented the User’s proper use of the Site.In the event of force majeure, war activities, terrorist activities, emergency situations and/or any other matter which may prevent a proper sale.If in the event of reg istering with the Site inaccurate details were deliberately provided, an action which constitutes a criminal offense which is subject tocriminal and civil proceedings.If any act or omission was committed that may impair the Site or any third parties, including its clients, employees and the providers of the Site Management.In the event that a condition of these Terms of Use are violated, including the conditions which deal with any documents (including the online orderform) or any condition of any other online Service offered on the Site.If the User has an outstanding obligation with the Site Management or any other companies involved with the Site.If the Product is out of stock.If the credit card on which the Order has been placed has been blocked or limited for any reason.A notification of the cancellation of the Order will be delivered to the User by telephone and/or e-mail to the address which was filled in at the time ofthe Order on the Site.Site Management will not be liable for any direct and/or indirect damages or consequential or special damages caused to the User and/or any third partyincluding monetary damages for the cancellation of the Order and/or the return of the Product according to this section.The results of the cancellation do not derogate from the Site Management and/or the Site’s rights to claim their damages caused from the significantdepreciation of the Product as a result of its condition following its return.The Company may block a user or any individual for any reason and at any stage, without any need for prior notice from using the Site and/or Servicesif the Company believes that the User has abused the Site and/or use of the Services, operated against reg ulations and / or for any other reason in theCompany’s discretion to block a User or another individual, and the shall not be required to provide any explanation or reason for blocking the said User.In the event that the User will breach or violate any provision of these Terms, it hereby agrees that it will be obligated to indemnify the Com pany, itsemployees, directors, shareholders or their representatives for any damage, loss, loss of profit, fee or expense they incur, including reasonable attorneys’fees and court fees.PRODUCTS
Site Management may change at any time, according to its discretion, the supply and variety of the Products on the Site. Therefore, the fact that a certainProduct is available for sale at a given point in time does not guarantee that it will be offered for sale in the future.If one of the Products ordered on the Site is out of stock, Site Management will contact the User by means of telephone or e-mail and reserves the rightto offer an alternate product of similar nature and price. If the User accepts the offer, his Order will be updated accordingly. In the event that he declinesto receive the alternate Product, Site Management will cancel the Order and credit the credit card company and/or PayPal account from which paymentwas made.STORING THE ORDER
Products which the User marked as those which he is interested in will be stored for 60 minutes in the shopping cart on the Site. Kindly note that the detailsof the Order will not be saved after 60 minutes.In order for us to supply our Users the Products which they ordered, their Order must be reg istered on the Site in a proper and organized mannerwhich includes all the information required to contact the User for the delivery of the Products. Site Management will not supply the Products whichwere ordered if the Order was not reg istered on its computers or reg istered in an improper manner even if the source of such problem is from the SiteManagement’s computers. If Site Management does not receive any notice via telephone or e-mail within 24 hours (not including Saturdays or holidays)from the submission date of the Order, it can be assumed that there was a problem with its submission. In such a case it is recommended that the Usercontact the Site’s customer service via e-mail info@donttellmama-studio.com to clarify the source of the problem.PRICES
All the prices of the Products appearing on the Site and on the back of the Products are denominated in NIS/Euro/US Dollar – and the listing is accordingto the country in which the Order is being placed. All prices include VAT as required by law.The prices on the Site do not include the varying shipping costs, as detailed at length on the Site.The price is valid with reg ard to the Order made and the price appears during the processing of the Order. If the price was updated prior to the completionof the Order process, the Order will be charged according to the updated price.Please note that although Site Management carefully checks the prices as they appear on the Site, and at times an error may occur following thepresentation of an incorrect price. In such an event, the Site will endeavor to the best of its capabilities to contact the User following the completion ofthe Order and will notify him of the correct price of the Product and will allow him, if he so chooses, to purchase it at the correct price. Should theUser select not to purchase it at the correct price, the Site will not be obligated to supply the Product to the User and the User will not have any claimagainst Site Management.Yo u hereby agree to undertake that the prices displayed on the website do not include customs duties and taxes that may be applicable, in the country wherethe Order is being placed, and that the Com pany will not be liable for any additional tax surcharges charge, and that the User shall be required to paysuch taxes upon the placement of the Order. In any case, the User will not be able to cancel the Order due to any additional tax surcharges which may beapplicable.