Terms of Service
Terms and Conditions of Use
1. General
1.1. The TAKE ME HOME 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.
1.2. The owner and operator of the Website is Take Me Home Ltd., Company No. 516368149, of 4 HaSavyon Street, Kfar Shmaryahu (hereinafter: "Take Me Home"). Please note that Super-Pharm (Israel) Ltd. (hereinafter: "Super-Pharm") provides the company with billing and collection, shipping, order delivery and customer service in connection with the Website's services (hereinafter, both together: "the Companies").
1.3. The provisions of these Terms and Conditions shall apply to any use made by a user of the Website and/or any person performing an action on the Website (hereinafter: "the Customer") and to any order placed by the Customer through the Website. Accordingly, the Customer is requested to read these Terms and Conditions carefully and in their entirety and to undertake to comply with them.
1.4. Any action on the Website, including the purchase of products offered for sale on the Website, constitutes the Customer's agreement to accept the provisions of these Terms and Conditions and to act in accordance with them.
1.5. These Terms and Conditions are written in the masculine form for convenience only, but they apply to all genders.
1.6. These Terms and Conditions are written in the singular for convenience only, but they apply to the plural as well.
1.7. The Customer declares that he has read these Terms and Conditions and agrees to them, and that he and/or anyone on his behalf shall have no claim and/or demand against the Companies and/or anyone on their behalf, except for claims relating to a breach of an obligation by the Companies and/or anyone on their behalf under these Terms and Conditions. It is emphasized that the mere performance of an action on the Website constitutes an absolute, final and irrevocable notice by the Customer that he has read, understood and agreed to the provisions of these Terms and Conditions.
1.8. Take Me Home reserves the right to deny access to the Website and/or any action on it to anyone who breaches the provisions of these Terms and Conditions and/or makes improper use of the Website or of any content appearing on it.
1.9. Take Me Home reserves the right to update and change the Website and its services, including their scope and availability, without prior notice. The Customer shall have no claim and/or demand against the Website and/or the Companies in respect of such changes and/or any malfunctions that may occur while they are being implemented.
1.10. For the avoidance of doubt, it is clarified that there may be differences between using the Website through the version adapted for tablets and/or mobile phones and using the Website on desktop and/or laptop computers.
1.11. For further inquiries, you may contact customer service or reach us by email.
1.11.1. Inquiries before placing an order should be addressed directly to Take Me Home customer service: info@takemehomecollection.com
1.11.2. Inquiries after placing an order should be addressed to Super-Pharm customer service: contactus@super-pharm.co.il.
2. Use of the Website
2.1. Use of the Website is intended for private and personal purposes only, and it is clarified that the sale of products on the Website is for private and personal purposes only and is not intended for wholesale (whether in a single sale or in multiple sales over a period of time) and/or for resale (purchasing a quantity of products from the Website in order to sell them to other customers).
2.2. You may not copy, publicly display or use the content published on the Website for any purpose, commercial or otherwise, other than personal and private use. This includes, without limitation, a prohibition on copying, publicly displaying or using content from the Website on other websites, in electronic publications of any kind, in software, applications and computer programs, in telephony and cellular communications, on radio, on 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 enables the copying, in whole or in part, of information and content from the Website. In this regard, you may not create or use any such means in order to create a compilation, collection or database containing content from the Website. Notwithstanding the generality of the foregoing provision, this prohibition does not apply to the operation of general search engines that link directly to the Website.
2.4. Content from the Website may not be displayed in any manner whatsoever – including by means of any software, device, accessory or communication protocol – that changes its design or functionality or omits any features or information from it, such as (but not limited to) advertisements, navigation bars, photographs, etc.
3. Ordering on the Website
3.1. All prices, products, promotions, discounts and coupons appearing on the Website are valid for orders placed on the Website only, and the Customer shall have no claim in respect of any contradiction or inconsistency between the prices, products or stock offered on the Website and the prices, products or stock offered at Super-Pharm branches, or the information presented in various Super-Pharm publications.
3.2. The Website displays a wide range of items that are generally in stock, and Take Me Home makes every effort to maintain the existing stock.
3.3. Take Me Home reserves the right to limit the available methods of product delivery; the delivery time will be indicated on the Website according to the method of receiving the order selected by the Customer.
3.4. Take Me Home 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 product range in each order on the Website. As of the date of publication of these Terms and Conditions, the policy limiting the number of units purchased from the product range 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 Website as part of a promotion or special sale on the Website.
In addition, the Companies reserve the right to limit, refuse and/or cancel orders and purchases which, based on their characteristics (as examined by the Companies), appear to have been made as part of a series of orders and purchases that are not for private and personal use. The Companies also reserve the right to cancel orders and purchases in respect of which an alert has been received from the credit card company of the payment method used, regarding its use.
3.4.1. In this regard, and without derogating from the Companies' discretion, it is clarified that a number of orders on the Website placed by the same Customer and/or to the same shipping address (for receipt of the products) at a high frequency and/or systematically repeated and/or in close succession (i.e., on the same day or on consecutive or adjacent days, or on fixed days every week), in which quantities of products were ordered that (a) significantly exceed (in aggregate) the permitted quantity of products, or (b) are the maximum quantity (in each purchase) under the unit quantity limitation policy described above, shall be deemed a series of orders and purchases that are not for private and personal use.
It is further clarified that the foregoing is in addition to, and without derogating from, Take Me Home's right to block access to the Website by Customers who have breached its terms.
Take Me Home reserves the right to change the policy limiting the number of units purchased, as detailed above, from time to time, all at its sole and absolute discretion.
It is clarified that in certain cases, and for the purpose of completing the order, the Companies may contact a Customer who placed an order on the Website by telephone or by SMS in order to obtain additional details required to complete the order.
3.5. In the event of 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 Companies may cancel the specific order before the product is delivered to the Customer.
3.6. Payment on the Website shall be made by credit card only. The credit cards accepted on the Website are: American Express, Isracard, Visa and Diners. Purchases on the Website cannot be made using checks, shopping vouchers, gift vouchers, prepaid cards, coupons or credits, except for credits that are redeemable on the Website only.
3.7. When an order is placed on the Website, the Companies will verify the credit card details, and upon approval of the order by the credit card companies, an appropriate notice will be given that the transaction has been approved or declined. If approved, the order will be recorded in the Companies' computers and the Customer will be sent an email confirming the transaction. It is clarified and emphasized that only an order confirmation received in the Customer's email that includes the relevant order details, including the order number, Customer details and order details, shall constitute confirmation that the order has been received by the Companies. As long as approval has not been received from the credit card company and no such confirmation has been sent, the order placed by the Customer shall have no validity.
3.8. The Companies' computerized data processing records regarding transactions carried out through the Website shall constitute prima facie evidence of the correctness of those transactions.
3.9. If the order is not approved by the credit card company, an appropriate notice will be sent to the Customer and the order will be deemed cancelled; the Companies shall bear no liability for the cancellation of the order, and the Customer shall have no claim and/or demand against the Companies in respect of such cancellation.
4. Consent to Receive Advertising
To the extent that the Customer has approved (or will approve) the receipt of information, updates and any advertising material, as defined in Section 30A of the Communications Law (Telecommunications and Broadcasting), 5742-1982, by email, the Customer may withdraw this consent at any time and give notice of his refusal to receive advertising material in accordance with the instructions included in the advertising message sent to him.
5. Supply and Delivery of Products
5.1. Delivery by shipping will be for the next business day, and the Companies will arrange for the delivery of the products purchased by the Customer on the Website to an address in Israel, as detailed on the Shipping and Delivery Policy page. It is hereby clarified that next-business-day delivery by shipping involves a minimum shipping fee, for each order to a single address, of ₪19.90, which will be added to the order amount as detailed on the Shipping and Delivery Policy page. Shipping fees may vary from order to order, as detailed on the Shipping and Delivery Policy page.
5.2. The delivery time will be in accordance with the time specified from the moment the order is confirmed as received, and during operating hours, as detailed on the Shipping and Delivery Policy page.
5.3. The Companies shall not be liable for delays that are beyond their control and/or that originate with the Customer, including, but not limited to, delays due to difficulty in contacting the Customer during the coordination hours. Such a delay shall not be deemed a breach of the Companies' obligation to deliver the product.
5.4. The Companies shall not be responsible for shipments left at the door of the delivery address.
5.5. Delivery by shipping of products purchased on the Website will be available only in certain delivery areas, as defined by the Companies and at their sole discretion. You can check whether an order can be placed to a specific address on the Website on the Shipping and Delivery Policy page. It is clarified that, notwithstanding the foregoing, the Companies may change the delivery areas from time to time at their discretion and without prior notice. Without derogating from the foregoing, the Companies may refuse to deliver products by shipping even to an address within the delivery areas where access to the area is restricted for security and/or technical reasons, and/or special arrangements are required to deliver the shipment to that area, and/or the courier would be exposed to any danger, and/or for any other reason, all at the sole discretion of the Companies.
6. Order Cancellation
6.1. The order cancellation policy is subject to the Consumer Protection Law, 5741-1981 (hereinafter: "the Consumer Protection Law"), and nothing in this section shall derogate from it.
6.2. An order to purchase a product may be cancelled from the date of the order until 30 days from the date of receipt of the product or receipt of the delivery note (disclosure document), whichever is later.
6.3. Notwithstanding the foregoing, cancellation of an order for electrical products will be possible only within 14 days from the date on which the product was received by the Customer, as detailed above.
6.4. The right of cancellation does not apply, among other things, in the following cases:
6.4.1. Goods manufactured specifically for the Customer.
6.5. Cancellation of an order before the product is delivered shall be made by:
6.5.1. Sending a message on the Contact Us/Cancel Order page by selecting "Cancel Order" and filling in the details.
6.5.2. Contacting customer service as stated in Section 1.11.
6.5.3. Sending an email to contactus-prod@Super-Pharm.co.il.
6.6. Cancellation of an order after the product has been delivered to the Customer shall be made as follows:
6.6.1. If the order is cancelled due to a defect in the product supplied to the Customer, due to a discrepancy between the product or service and the details provided to the Customer regarding the product's characteristics, due to failure to deliver the product on time, or due to any other breach of the order by the Companies: (a) the Customer shall act to cancel the order as soon as possible in one of the ways specified in Section 6.5 above, and no later than 30 days from the date on which he received the product; (b) the Customer will be credited within 14 days from the date of receipt of the cancellation request, and the Customer must return the product to Take Me Home. The product shall be returned to any Super-Pharm branch nationwide, or by arranging collection of the product from the Customer's home at Take Me Home's expense (to the extent the product was delivered to the Customer by shipping); (c) upon crediting, the Customer will be given a copy of the notice of cancellation of the charge, as aforesaid (and no cancellation fee whatsoever will be charged to the Customer).
6.6.2. If an order is cancelled for reasons other than a defect, a discrepancy between the product or service and the details provided to the Customer regarding the product's characteristics, failure to deliver the product on time, or any other breach of the order by the Companies:
(a) the Customer shall act to cancel the order as soon as possible in one of the ways specified in Section 6.5 above, and no later than 30 days from the date on which he received the product; (b) the Customer will be credited upon completion of the handling of the request, within 14 days from the date of receipt of the cancellation request, subject to the return of the product to the Companies. The product shall be returned to any Super-Pharm branch nationwide, or by arranging collection of the product from the Customer's home at the Customer's expense; (c) upon crediting, the Customer will be given a copy of the notice of cancellation of the charge, as aforesaid, and the Companies shall be entitled, at their sole discretion, to charge the Customer an order cancellation fee in accordance with the provisions of the Consumer Protection Law, and shall inform the Customer of their decision regarding the charge before the Customer is actually charged. The cancellation fee shall be up to 5% of the purchase price or ₪100, whichever is lower.
6.6.3. In a distance sale transaction made 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 from the date of receipt of the product, provided that the engagement in the transaction included a conversation between the Companies and the Customer, including a conversation by means of electronic communication. The Companies may require the presentation of a certificate proving that the Customer is a person with a disability, a senior citizen or a new immigrant.
6.7. A consumer who purchased a product and received an additional product as a gift/at a discount, and who wishes to return the product he purchased, will be asked to return the additional product he received or, alternatively, to pay its value upon the return.
6.8. If, after an order has been placed on the Website, it turns out that the product is out of stock and/or cannot be supplied, the Customer will be sent an email (or a representative of the Companies will contact him by telephone) notifying him of the cancellation of the order for that product without charge and/or of a refund (as applicable), and the Customer shall have no claim against the Companies in this regard. Alternatively, Take Me Home, or anyone on its behalf, may offer the Customer an alternative product of equivalent value to the product ordered. The Customer will be given the right to choose whether he wishes to receive the alternative product or to cancel the order for that product without charge and/or receive a refund to the extent he was charged (as applicable). The Customer shall have no claim and/or demand and/or allegation of any kind whatsoever against the Companies in such a case.
6.9. If, after the order has been delivered to the Customer, it turns out that not all of the products in the order were delivered, the Customer shall contact the Companies in one of the ways specified in Section 6.5 as soon as possible, and no later than 14 business days from the date of delivery of the order (if the inquiry is made by sending a message on the Contact Us/Cancel Order page, select "Order received"). The Customer will be given the right to choose whether: (a) he wishes to receive a refund for the product(s) not delivered (such credit will be made in accordance with the provisions above – without requiring the return of the product(s) and without charging the Customer any cancellation fee); or (b) he wishes to collect the missing product(s) or a replacement product at any Super-Pharm store. The Customer shall have no claim and/or demand and/or allegation of any kind whatsoever against the Companies in such a case.
6.10. Products displayed at promotional prices will be supplied at the promotional price, provided that the promotion is valid at the time the order is placed on the Website and subject to the availability of the product in Take Me Home's stock.
6.11. 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 only will be given, according to the price paid by the Customer when ordering/purchasing the product and against presentation of the purchase invoice.
6.12. Take Me Home may discontinue the operation of the Website and/or its ordering mechanism at any time.
7. Confidentiality and Privacy
Use of information and personal details provided by the Customer on the Take Me Home website, or collected about him, shall be made in accordance with the Privacy Policy, which constitutes an integral part of these Terms of Service. The Customer's use of and browsing on the Website constitute his consent to the use of such information and details under the terms set out in the Privacy Policy.
8. Liability
8.1. Liability for the quality of a product applies in accordance with the law.
8.2. Everything appearing on the Website, 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 regarded as a promise of any result and/or as a warranty for the manner in which the products function. The Companies shall not be liable for any damage, direct or indirect, caused as a result of reliance on the Information and/or on links to other websites and/or on any other internal/external source of information.
8.3. The Companies shall not be liable for problems caused as a result of using the Website, including: malfunctions in the operating system and/or in any software installed on the electronic device from which the Website was accessed, and/or any hardware problem, and/or viruses and/or malicious software or any other software that is discovered or found on the electronic device from which the Website was accessed as a result of using the Website, and/or any communication or data transfer problem that temporarily or permanently prevents the use of the Website, and/or for the quality or speed of use of the Website.
9. Intellectual Property
9.1. The Website, including all content contained in it, is the exclusive property of Take Me Home or of third parties that have granted Take Me Home permission or a license to use such content, and Take Me Home is the sole owner, or the holder of the permission or license, of the copyrights, trademarks and all intellectual property rights in the Website, including with respect to any third-party content appearing on the Website. Any copying, distribution, broadcasting, publication, transfer, creation of a derivative work, creation of a link, exploitation or infringement of any kind whatsoever of the intellectual property rights of Take Me Home, or of the rights of third parties that have granted Take Me Home permission or a license to use them, in any manner whatsoever, in whole or in part, directly or indirectly, without obtaining prior written approval from Take Me Home or from the other rights holders, as applicable, and subject to the terms of such consent, permission or license (if granted), is strictly prohibited. This provision also applies to any adaptation, editing or translation made by Take Me Home. Any breach of the provisions of this section may expose the infringer to criminal or civil penalties or fines in accordance with the law.
10. Governing Law and Jurisdiction
These Terms and Conditions shall be governed exclusively by the laws of the State of Israel, and any claim relating to these Terms and Conditions and the terms of use shall be heard exclusively by the courts in Israel.
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