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Terms and Conditions of Use

Terms and Conditions of Use

1. General

1.1. The Super-Pharm Gallery website (hereinafter: "the Website") serves as an online store for the purchase of various products by the browsing public in Israel via the Internet. Purchases related to the city of Eilat cannot be made on the website (neither as part of self-collection from a branch in Eilat nor as part of an order delivered by courier to an address in Eilat).

1.2. The owner and operator of the website is Super-Pharm (Israel) Ltd., C.P. 510753551, 16 Shenkar Street, Herzliya (hereinafter: "the Company" and/or "Super-Pharm").

1.3. The provisions of these Terms and Conditions shall apply to any use made by a user and/or person performing an action on the Site (hereinafter: "the Customer") and to any order placed by the Customer through the Site. Accordingly, the Customer is requested to read these Terms and Conditions in their entirety and carefully and to commit to their terms.

1.4. Any action on the site, including the purchase of products offered for sale on the site, constitutes the customer's agreement to accept the provisions of these regulations and to act in accordance with them.

1.5. The regulations are written in the masculine gender, for convenience only, but they apply to both sexes.

1.6. The regulations are formulated in the singular, for reasons of convenience only, but they also refer to the plural.

1.7. The customer declares that he has read these regulations and agrees to them, and that he and/or anyone on his behalf will not have any claim and/or lawsuit against the company and/or anyone on its behalf, except for claims related to a breach of obligation by the company and/or anyone on its behalf under these regulations. It is emphasized that the mere performance of an action on the site constitutes an absolute, final and irrevocable notification by the customer that he has read, understood and agreed to the provisions of these regulations.

1.8. The Company reserves the right to not allow access to the Site and/or any action on it to anyone who violates the provisions of the regulations and/or makes improper use of the Site or any content appearing on it.

1.9. The Company reserves the right to update and change the Site and its services, including their scope and availability, without the need for prior notice. The Customer shall have no claim and/or lawsuit against the Site and/or the Company for these changes and/or malfunctions that may occur during their implementation.

1.10. It is clarified, for the avoidance of doubt, that there may be differences in using the site using a site optimized for tablet devices and/or mobile phones and using the site on desktop and/or mobile computers.

1.11. For further inquiries, you can contact customer service during business hours: Sunday-Thursday between 4:00 PM-9:00 AM and Fridays between 12:00 PM-9:00 AM by phone at 09-9725151 or via e-mail. contactus-prod@Super-Pharm.co.il .

2. Use of the website

2.1. Use of the site is intended for private and personal purposes only, and it is clarified that the sale of products on the site is for private and personal purposes only and is not intended for wholesale sale (whether in a single sale or in multiple sales over a period of time) and/or resale (buying a quantity of products from the site for the purpose of selling them to other customers).

2.2. You may not copy, publicly display or use the content published on the Site for any purpose, commercial or otherwise, that is not personal and private use. This includes not copying, publicly displaying or using content from the Site on other websites, in electronic publications of any kind, in software, applications and computer applications, in telephony and cellular communications, on radio, television, in print or in any other media.

2.3. You may not operate or allow the operation of any computer application or other means that allows the copying, in whole or in part, of information and content from the Site. In this regard, you may not create or use such means to create a collection, compilation or database containing content from the Site. Notwithstanding the generality of the provision below, this prohibition does not apply to the operation of general search engines that link directly to the Site.

2.4. Content from the Site may not be displayed in any way – including through any software, device, accessory or communication protocol – that changes its design or function or removes any features or information from it, such as (but not limited to) advertisements, navigation bars, photographs, etc.

3. Order on the website

3.1. All prices, products, promotions, discounts and coupons appearing on the Site are valid for ordering on the Site only, and the Customer shall have no claim for any contradiction or inconsistency between the prices or products or inventory offered on the Site and the prices or products or inventory offered at Super-Pharm branches or in the information presented in various Super-Pharm publications. For the avoidance of doubt, it is clarified and emphasized that the Customer shall not be entitled to make any claim of any kind or type against any Super-Pharm branch in relation to the Site. For any matter relating to this Site, the Company should be contacted directly in accordance with the details detailed in Section 1.12 above.

Some of the promotions on the site are intended for Lifestyle Club customers only. The customer will be able to enjoy these benefits only if the Lifestyle credit card with which he pays has been defined on the customer's personal details page, or if the Lifestyle credit card details have been defined before payment, on the shopping cart page, by clicking the "Enter card to update the cart" button (there is an option to save / not save the card details for future purchases).

3.2. The site displays a wide variety of items that are generally in stock and the company makes every effort to maintain the existing inventory.

3.3. Super-Pharm reserves the right to limit the options for the method of delivery of the products, so that there may be products whose method of delivery is limited to collection and/or delivery. The delivery time will be indicated on the site according to the customer's choice of method of receiving the order.

3.4. Super-Pharm reserves the right to limit the number of product units (whether identical products or products of the same type) that each customer may purchase from the range of products, in each order on the site. As of the date of publication of these regulations, the policy limiting the number of units purchased from the range of products is up to 4 product units per order.

For the avoidance of doubt, it is clarified that the above limitation also applies to product(s) sold on the site as part of a special promotion or sale on the site.

In addition, Super-Pharm reserves the right to limit, not allow and/or cancel orders and purchases that appear, based on their characteristics (as assessed by Super-Pharm), to be made as part of a series of orders and purchases that are not for private and personal use. Super-Pharm also reserves the right to cancel orders and purchases for which a notification has been received from the credit card company of the payment method used for payment due to use.

3.4.1. In this regard, and without derogating from Super-Pharm's discretion, it is clarified that a number of orders on the site that were placed by the same customer and/or to the same shipping address (for receiving the products) with high frequency and/or repeated systematically and/or in close proximity to each other (i.e. on the same day or on consecutive or adjacent days, or on fixed days each week), in the framework of which quantities of products were ordered that (a) significantly exceed (in aggregate) the permitted quantity of products, or (b) is the maximum (in each purchase), according to the aforementioned unit quantity limitation policy, will be considered a series of orders and purchases that are not for private and personal use.

It is further clarified that the above is in addition to and without detracting from Super-Pharm's right to block access to the site by customers who have violated its instructions.

Super-Pharm reserves the right to change the policy limiting the quantity of units purchased as detailed above from time to time, all at its sole and complete discretion.

It is clarified that in certain cases and for the purpose of completing the order, Super-Pharm may contact the customer who placed an order from the website by telephone or via SMS message for the purpose of completing additional details required to complete the order.

3.5. If the orderer is not the one collecting the order, the orderer will be required to fill out a power of attorney when placing the order for the purpose of collecting the order.

3.6. For each product offered for sale, an "information sheet" is displayed containing the manufacturer's trade name, the product offered for sale, the selling price, product specifications, delivery date and method, payment terms and other relevant details (hereinafter: the "Information Sheet"). The data provided on the information sheet includes information required by law and does not necessarily exhaustively describe all the properties and/or composition of the products.

3.7. If there is an error in printing, in the description of the product and/or service, in the payment terms, in the image of the product/service or in any other printed material, the Company may cancel the specific order before delivering the product to the customer.

3.8. Before placing an order on the site, the customer must register on the site. The customer undertakes to provide accurate, complete and up-to-date information.

3.9. Payment on the site will be made by credit card only. The credit cards honored on the site are: American Express, Isracard, Visa and Diners. Payment on the site for the purchase of external seller products (whether the purchase includes only external seller products or whether the purchase includes both external seller products and Super-Pharm products) will be made using the following credit cards: American Express, Isracard, Visa only. Purchases on the site cannot be made using checks, purchase orders, gift cards, gift vouchers, reloadable cards, coupons and credits, with the exception of credits that can be redeemed on the site only.

3.10. When placing an order on the site, the company will check the credit card details and upon confirmation of the order by the credit card companies, an appropriate notification will be given that the operation has been approved or rejected. If approved, the order will be recorded in the company's computers and the customer will be sent an e-mail confirmation of the operation. It is clarified and emphasized that only a confirmation of the order received by the customer's e-mail that includes the relevant order details, including the order number, customer details and order details, will constitute confirmation of the receipt of the order by the company. As long as confirmation has not been received from the credit card company, and no such confirmation has been sent, the order operation by the customer will have no validity.

3.11. The Company's data processing computer records regarding the actions carried out through the Site will constitute prima facie evidence of the correctness of the actions.

3.12. If the order is not approved by the credit company, an appropriate notification will be sent to the customer and the order will be considered canceled, and the company will not bear any responsibility for the cancellation of the order, and the customer will not have any claim and/or claim against the company for the cancellation of the order as aforesaid.

4. Consent to receive advertising

To the extent that the customer has approved (or will approve) the receipt of information, updates and any advertising as defined in Section 30A of the Communications Law (Telecommunications and Broadcasting), 5742-1982 via e-mail, the customer will be entitled to withdraw this consent at any time and notify the company of his refusal to receive advertising in accordance with the instructions regarding the advertising sent to him.

5. External information, medical information and uploading user content to the website

5.1. The Site may contain links to other sites, Israeli or foreign. The Company shall not bear any responsibility for the content of those sites or for any information published therein. The presence of a link on the Site does not constitute a recommendation to visit it, and a visit thereto by the Customer shall be at his own independent discretion. For the avoidance of doubt, the Company shall not be liable for any direct or indirect damage, financial or otherwise, caused to the Customer as a result of reliance on the content of the information appearing in those links.

5.2. The Company hereby clarifies to the Customer that any information published on the Site regarding medicine and products is for general information only and does not constitute medical advice. The Company emphasizes to the Customer that it is his duty to consult with an appropriate professional before beginning any treatment, including before using any medicine or product, including any product that may affect in one way or another the Customer's body, health, well-being, mental state or appearance. The Customer must always check the consumer leaflet attached to each product before using it.

6. Supply and transportation of products

6.1. The customer will be entitled to choose collection for the next business day if an option opens on the site (due to items in the shopping cart not being in stock) when placing the order from one of the Super-Pharm branches in accordance with the details on the Shipping and Delivery Policy page. It is clarified that it will not be possible to change the method of delivery after the order has been completed.

6.2. The customer will be entitled to choose the option of delivery via next business day delivery, and the company and/or suppliers (as applicable) will ensure the delivery of the products purchased by the customer on the site to an address in Israel in accordance with the details on the Shipping and Delivery Policy page. It is hereby clarified that delivery via next business day delivery will involve the payment of a minimum delivery fee, for each order to one address, in the amount of 19.90 NIS, which will be added to the order amount in accordance with the details on the page. Shipping and Delivery Policy . Shipping fees may vary from order to order as detailed on the Shipping and Delivery Policy page.

6.3. It is clarified that the collection of orders that were ordered for collection from the branch is conditional on the presentation of the payment method with which the order was paid. Without the presentation of the payment method at the time of collection, the order will not be delivered to the customer.

6.4. The delivery time will be in accordance with the specified time from the moment of confirmation of receipt of the order, and during operating hours as detailed on the page. Shipping and delivery policy .

6.5. Super-Pharm will not be liable for delays beyond its control and/or originating from the customer, including but not limited to delays due to difficulty in contacting the customer during the agreed upon hours. Such delay will not be considered a breach of Super-Pharm's obligation to supply the product.

6.6. Super-Pharm will not be responsible for shipments left at the door of the delivery address.

6.7. Delivery of products purchased on the Site by delivery will be possible only in certain delivery areas as defined by the Company and at its sole discretion. You can verify whether it is possible to place an order to a specific address on the Site on the Delivery and Delivery Policy page. It is clarified that notwithstanding the foregoing, the Company may from time to time change the delivery areas at its discretion and without prior notice. Without derogating from the foregoing, the Company may refuse to deliver products by delivery to an address within the delivery areas when the area has restricted access from a security and/or technical perspective and/or special actions are required to deliver the shipment to that area and/or the courier is exposed to any danger and/or for any other reason, all at the sole discretion of the Company.

6.8. When delivering the product as stated in Section 6 below, whether by self-collection or by delivery, Super-Pharm and/or someone on its behalf may require the presence of the credit card holder when delivering the products and/or presentation of the credit card holder's ID as a condition for delivering the products.

7. Cancelling an order

7.1. The order cancellation policy shall be subject to the Consumer Protection Law, 5741-1981 (hereinafter: "Consumer Protection Law"), and the provisions of the section below shall not derogate from it.

The provisions of sections 9.2-9.12 will not apply in the event of cancellation of an order for products from an external seller, and the seller's cancellation policy detailed on the product information page will apply to them.

7.2. An order to purchase a product may be canceled from the date of the order until 30 days from the date of receipt of the product or receipt of a delivery note (disclosure document), whichever is later.

7.3. Notwithstanding the above, cancellation of an order for electrical products will be possible only within 14 days from the date of receipt of the product by the customer in accordance with the details as stated.

7.4. The right of cancellation is not valid, among other things, in the following cases:

7.4.1. Goods manufactured specifically for the customer.

7.4.2. Perishable goods (perishable or perishable products such as food products that have passed their expiration date, etc.).

7.5. Cancellation of an order before the product is shipped to the customer will be done as detailed below. The cancellation will only take effect upon confirmation of receipt of the message by the company, provided that the order has not yet been shipped to the customer:

7.5.1. When the order is in the "Order Received" status on the "Order History" page, a button (icon) to cancel the order will appear next to the order line. Clicking the button will cancel the order immediately.

7.5.2. When the order is in the "Order in Processing" status, the order can be canceled in any of the ways detailed below. After sending the order cancellation message, a customer service representative will contact the customer to continue the order cancellation process:

7.5.2.1.1. Sending a message On the Contact/Cancel Order page By selecting "Cancel Order" and filling in the details.

7.5.2.1.2. Contacting customer service as stated in section 1.11.

7.5.2.1.3. Sending an email to the address contactus-prod@Super-Pharm.co.il .

7.5.2.1.4. Sending a fax to number 09-9725069.

7.5.2.1.5. By registered mail to the address Aryeh Shenkar 16, Herzliya.

7.6. Canceling an order after the product has been delivered to the customer will be done as follows:

7.6.1. If the order is cancelled due to a defect in the product supplied to the customer, due to a mismatch between the product or the service and the details provided to the customer regarding the product's features, due to failure to deliver the product on time or due to another breach of the order by the Company: (a). The customer will act to cancel the order as soon as possible in one of the ways specified in section 9.5.2 above, and no later than 30 days from the date of receipt of the product by him; (b). The customer will be credited within 14 days from the date of receipt of the request for cancellation, and the customer must return the product to the Company. The product will be returned to one of the Super-Pharm chain branches throughout the country or by coordinating the collection of the product from the customer's home at the company's expense (insofar as the product was provided to the customer by delivery); (c). Upon credit, the customer will be given a copy of the aforementioned cancellation notice (and no cancellation fees will be charged from the customer).

7.6.2. If an order is canceled for reasons other than a defect, a discrepancy between the product or service and the details provided to the customer regarding the product's features, failure to deliver the product on time, or due to another breach of the order by the Company:

(a). The customer will act to cancel the order as soon as possible in one of the ways specified in section 9.5.2 above, and no later than 30 days from the date of receipt of the product by him; (b). The customer will be credited upon completion of the processing of the request within 14 days from the date of receipt of the cancellation request, subject to the return of the product to the company. The return of the product will be made to one of the Super-Pharm chain branches throughout the country or by coordinating the collection of the product from the customer's home at his expense. (c). Upon credit, the customer will be given a copy of the cancellation notice as aforesaid and the company will be entitled, at its sole discretion, to charge the customer an order cancellation fee in accordance with the provisions of the Consumer Protection Law and will inform the customer of its decision regarding the charge before the customer is actually charged. The cancellation fee will be up to 5% of the purchase price or 100 NIS, whichever is lower.

7.6.3. In a distance selling transaction conducted with a customer who is a person with a disability, a senior citizen or a new immigrant, the customer may cancel the transaction within four months of receiving the product, provided that the transaction included a conversation between Super-Pharm and the customer, including a conversation via electronic communication. Super-Pharm may require the presentation of a certificate proving that he is a person with a disability, a senior citizen or a new immigrant.

7.7 A consumer who purchased a product and received an additional product as a gift/discount and requests to return the product he purchased, will be asked to return the additional product he received, or alternatively pay its value upon return.

7.8 In the event of cancellation of an order for any reason, the customer will allow Super-Pharm and/or someone on its behalf to forward his name and address to the manufacturer or importer of the product for inspection.

7.8. If, after placing an order on the site, it becomes apparent that the product is out of stock and/or that it cannot be supplied, the customer will be sent an e-mail (or a company representative will contact him by telephone) informing him of the cancellation of the order for that product without charge and/or a refund (as applicable) and the customer will not have any claim against the company in this regard. Alternatively, Super-Pharm may offer the customer an alternative product, equivalent in value to the product ordered. The customer will be given the right to choose whether he is interested in the alternative product or whether he is interested in canceling the order for that product without charge and/or a refund of his money to the extent that it was charged (as applicable). The customer will not have any claim and/or demand and/or claim of any kind against Super-Pharm in the aforementioned case.

7.9. If, after the order has been delivered to the customer, it becomes clear that not all of the products in the order have been delivered to the customer, the customer shall contact the company in one of the ways specified in section 9.5.2 as soon as possible, and no later than 14 business days from the date of delivery of the order (if the contact is made by sending a message On the Contact/Cancel Order page - select "Order that has arrived"). The customer will be given the right to choose whether: (a) he wishes to be refunded for the product(s) that was not delivered (such credit will be made in accordance with the provisions of Section 9.6.1 - without requiring the return of the product(s) and no cancellation fees will be charged from the customer); or (b) he wishes to collect the missing product(s) or a replacement product at any of the Super-Pharm chain stores. The customer will not have any claim and/or demand and/or claim of any kind against Super-Pharm in the aforementioned case.

7.10. Products that are displayed at promotional prices will be supplied at the promotional price, subject to the promotion being valid at the time of ordering on the site and the availability of the product in the company's inventory.

7.11. Products from the LAST CHANCE category cannot be exchanged for another product. In the event of a return of a product from the LAST CHANCE category, a monetary credit will be given only, according to the price paid by the customer when ordering/purchasing the product and against a purchase invoice.

7.12. Super-Pharm may at any time discontinue the operation of the site and/or the ordering mechanism therein.

8. Confidentiality and Privacy

8.1. The customer declares and agrees that the provision of his personal details in the order form is done according to his wishes and with his consent, and filling in the details indicates his consent to their provision.

8.2. The data that the customer provides during registration will be stored in Super-Pharm's database (except for credit card details). It is hereby clarified to the customer that he is not required by law to provide the information, but without providing it, he may not be able to use the ordering services on the site.

8.3. When using the site, information may be accumulated about the customer's purchasing habits and practices, products and services that he purchased or requested to return, information about advertisements in which he expressed interest, pages or departments that he viewed, offers and services that interested him, payment methods that he used, etc. Super-Pharm will store the information in its databases (except for credit card details). The use of this data, as well as the data that he will provide during the registration process for the various services on the site, will be done only in accordance with the provisions of this document or in accordance with the provisions of any law. Super-Pharm will use the above data for the purpose of anonymous statistical analysis and segmentation, as well as to create for each user the content (offers/coupons/messages) that is relevant to him.

8.4. Super-Pharm will not transfer to third parties (except sellers of external seller products, and shipping providers of the aforementioned sellers), who are not affiliated companies of Super-Pharm or entities acting on its behalf, the customer's personal details and the information collected about the customer's activity on the site (insofar as this details and information personally identify him), except in the following cases:

8.4.1.1. In the event that he violates the terms of use of the site, or if he performs, through the site, or in connection with it, actions that are deemed to be contrary to the law, or attempts to perform such actions.

8.4.1.2. In accordance with the provisions of a judicial order instructing Super-Pharm to provide details or information about the customer to a third party, even if it is not the court.

8.4.1.3. Any dispute, claim, lawsuit, demand or legal proceedings, as they may arise, between the customer and Super-Pharm (including affiliated companies and/or anyone on its behalf).

8.4.1.4. In any case where, in Super-Pharm's opinion, the provision of information is necessary to prevent serious harm to the customer's body or property.

8.4.2. Super-Pharm will be entitled to provide the customer's details to the credit company required to approve the execution of the order transaction as aforesaid.

8.4.3. Click here to see the Privacy Policy The company's full policy regarding the use and ordering of the site.

9. Warranty

9.1. The responsibility for the quality of a product applies to its manufacturer and/or importer according to the Consumer Protection Law and various regulations established by virtue thereof. Subject to any law, Super-Pharm's responsibility for products is limited to the cost of the product to the customer only. In any case of a product from an external seller - the responsibility will apply according to that seller's responsibility policy and in accordance with the laws applicable to it.

9.2. Everything that appears on the site, including commercial offers and/or advertising by third parties (hereinafter: "the information"), regarding the various products, and in general, is general information only. The information should not be considered a guarantee of any result and/or a guarantee for the operation of the products. Super-Pharm will not be liable for any damage, direct or indirect, that may result from reliance on the information and/or links to other sites and/or any other internal/external source of information.

9.3. Super-Pharm will not be responsible for problems that may arise as a result of using the site, including: malfunctions in the operating system and/or any software found on the electronic device from which the site was accessed and/or any hardware problem and/or viruses and/or hostile software or any other software that may be discovered or found on the electronic device from which the site was accessed as a result of using the site and/or any communication or data transfer problem that may temporarily or permanently prevent the use of the site and/or the quality or speed of use of the site.

10. Intellectual Property

10.1 The Site, including all content contained therein, is the exclusive property of Super-Pharm or third parties who have granted Super-Pharm permission or license to use said content, and Super-Pharm is the sole owner or licensee of the copyrights, trademarks and all intellectual property rights on the Site, including with respect to any third-party content that appears on the Site. Any copying, distribution, transmission, publication, transfer, creation of a derivative work, creation of a link, exploitation or infringement of any kind of Super-Pharm intellectual property rights or the rights of third parties who have granted Super-Pharm permission or license to use them in any way, in whole or in part, directly or indirectly, without obtaining prior written permission from Super-Pharm or the other rights holders as stated in the case and subject to the terms of the agreement, permission or license (if any) is strictly prohibited. This provision is also valid with respect to any processing, editing or translation made by Super-Pharm. Any violation of the provisions of this section may subject the violator to criminal or civil penalties or fines in accordance with the law.

10.2 An external seller shall not publish on the Site any material protected by copyrights, trademarks or other intellectual property rights of any third party without obtaining express permission from all rights holders. Super-Pharm shall not be liable for any damage of any kind whatsoever with regard to any infringement of intellectual property rights committed by the external seller on the Site. Super-Pharm reserves the right to remove products, materials and any information on the Site that it has reason to believe infringes any intellectual property rights brought to its attention as an infringement. If a violation of this section is suspected, it can be reported here.

11. Law and jurisdiction

These Terms of Use will be governed solely by the laws of the State of Israel, and any claim regarding these Terms of Use and Terms of Use will be heard exclusively in the courts of Israel.