Terms and Conditions
Dear Customers, please read the terms specified below thoroughly. Purchasing the products online is done subject to these terms.
1.1. The X-Pen website is an e-commerce site for consumables and leisure products, used by web users worldwide.
1.2. These instructions apply on any use conducted by you on the site, and on any purchase conducted through this site, and are the legal grounds for any debate you hold with the company.
Therefore, you are requested to read these rules thoroughly and in full.
1.3. Browsing the website and/or purchasing the goods offered in it, constitutes your consent to receive and act according to the rules. If you don’t agree to any of the rules, you are requested not to use the website.
2 The privilege to participate and use the website
2.1. Any individual, including a corporation, may conduct actions on the website, subject to filling the terms specified below: the user is more than 18 years old and owns an e-mail box online, a valid ID and a valid credit card issued by one of the credit card companies.
2.2. Without decreasing all mentioned above, the company is entitled to prevent you from participating any of the sales temporarily or permanently, according to its sole discretion and without any prior announcement as specified in any of the following cases:
2.2.1. If you deliberately gave false information.
2.2.2. If you performed any action harming or of potential to harm the company and/or anyone on its behalf and/or the proper activity of the website including the company’s clients and/or sellers and/or any third party on their behalf.
2.2.3. If your credit card was blocked or limited to be used in any way.
2.2.4. Any other case that may prevent you from doing any action on the website, according to any law.
2.3. The client obliges not to use the website in order to publish or transmit any material that violates the privileges of others, or any illegal, threatening, offensive, misleading, insulting, defaming, repulsive, penetrating the privacy, vulgar, crude or raising any objection in any other way, encouraging criminal behavior, holding a civil wrong and/or violating any law and/or order in any other way and/or which contains a publication or solicitation regarding any products or services, without the explicit consent of the company in writing and in advance.
3 Terms of registration
3.2. In order to complete the purchase you will be asked to fill in your credit card details. You don’t have to provide these details and giving them depends on your will, but if you didn’t give the complete details requested, you will be unable to participate in the sale.
3.3. The company obliges to do its best to preserve the data and it will not use it apart from the objectives specified in this contract.
3.4. To remove any doubt, the company and/or the sellers have the right to cancel your order due to submitting false, partial or inexact information. Knowingly submitting false information is an offense. The company and/or the sellers will be entitled to take legal actions against individuals who submit false data, including damage lawsuits for damages made for the sellers and/or the company and/or anyone on their behalf, due to damaging the online sales process.
3.5. The date of order reception as was written in the company computers is the determining date and its computer registration will be used as evidence in this case.
Since X-Pen International LTD (hereinafter: “the company”) respects the privacy of the website users in the websites she owns and operates (hereinafter: “the websites”), the company decided to publish its policy regarding the protection of privacy in the website and it obliges to hold this policy.
4.1. Data collection and saving policy
When using the website services, we collect data about you. Some of this data identifies you personally, in your name and address, product and services you purchased or wanted to sell, the payment methods you used, etc. This is the data you knowingly provide, when you enroll services in various websites. Some of the data does not identify you personally, and is not kept with your information. This is statistical and accumulative information. For instance, ads you read online, pages you browsed, offers and services you were interested in etc.
The websites may use automatic tools for statistics and improvement of the browsing experience, using your access and surfing data, including your internet service provider information, and the domain name you used to access the website/s, your IP address, the location of your device or the connection it used to access the websites, the dates of access and the length of your stay, the browser type used and other anonymous details collected from your device automatically, as much as the preferences of your device allow.
Use of the data collected about the way of using the websites is for improvement, enrichment and making the sites more efficient, their ways of presentation and accessibility of the content presented in them.
4.2. The database and its use
The data gathered or will be gathered about you will be kept in the company’s database, under its responsibility, which is designated, among other things, to manage and making the connection and services more efficient, to provide products and services according to your request, and for operational, marketing and statistical needs, including processing the information and direct mailing to realize these objectives.
- The data used by the company is mostly statistical and not personally identifiable.
Direct mailing list:
The company desires to send to you by e-mail information about its services and also marketing and advertisements. This data will be sent to you only if you provided explicit consent, and at any time you can cancel your consent and stop receiving it. The company will not provide your details to the advertisers. However, it may submit statistical information about the users’ activity.
- The statistical information sent will not identify you personally.
4.3. Providing data to third parties
The company will not provide your personal data or any other data collected about your activity to third parties, unless one or more of the following instances occur.
4.3.1. If you purchase products and services from third parties, and they are offered through the websites, these third parties receive the necessary information to complete the sales process.
4.3.2. By demand or by explicit consent from you or by registration to a certain service which may require it, with your consent.
4.3.3. In a case of a legal dispute between you and the company, obliging the disclosure of your information.
4.3.4. Should you perform illegal activities, should a warrant requiring your information or the information about you to a third party is received or to prevent a felony.
4.3.7. In any case that the company argues that providing the data is required in order to prevent damage to the goods and/or person, or in order to prevent significant damage according to its sole discretion.
If you don’t wish to receive or operate the cookies you can block them any time by changing your browser definitions. Some of the cookies may expire when you shut down your browser or the app you use, and others may be saved on the hard drive of your device or computer. At any time, you can erase these files even if they are saved. It is offered to do so only if you are convinced that you don’t want the website, the contents in it and the services offered through it will match your preferences. If you don’t know how to do it, check the help file of the browser you use.
4.5. Data Security
The company applies updated systems and procedures for data security, to secure the websites and their communication and the data controlled by the company against casual or intended use, loss, destruction or access by unauthorized individuals. While these systems and procedures decrease the chances for illegal penetration, they don’t grant complete security. Therefore, the company does not oblige that its services will be completely proof for unauthorized access to the data stored in them. Therefore, it shall be clear that the company shall not be held responsible or carry any responsibility in case of penetration or break and/or any damage caused by using the websites and/or the content presented in them and/or their services, by the users or whoever on his behalf.
4.6. Privilege to browse information
According to the law protecting privacy (1981), any individual is entitled to brows the data about him kept on the database. An individual who browsed the data and found it incorrect, incomplete, unclear or not up-to-date, is entitled to refer to the owner of the database, asking to correct the data or erase it.
- Such referral is made using a contact form or by fax no. 03-5156020 or by e-mail to the following address: firstname.lastname@example.org
- In addition, if the information in the company’s databases is used for a direct referral to you, you are entitled, according to the privacy act, 1981, to demand that the data regarding you will be erased from the database.
5.1. The prices shown in all selling methods include VAT according to law.
5.2. An approved sale is a purchase of the voucher.
5.3. Debiting the client will be done by the company using the credit card whose details you provided.
6 Transaction cancellation
6.1. Cancelling the order on any sale will be done through the contact us button and include your personal data including ID number and order details.
6.2. According to the consumer protection law (1981) (“consumer protection law”) a consumer may cancel the purchase of an item with written notice up to two weeks from the date of acceptance of the voucher or from the reception of the disclosure (the later of the two), and about a service – from 14 days form making the deal if the cancellation will be done at least two days before the date in which the service is supposed to be given, and in case of ordering hosting, vacation or leisure services, up to seven work days before the date determined for the service.
6.3. The cancellation right does not stand in the following cases:
6.4. Regarding “false goods” as they are defined in the consumer protection law and the orders following it.
6.5. Regarding any data-based goods as it is defined in the computer law 1995.
6.6. Goods specially made for the consumer following the transaction.
6.7. Goods that can be copied or recorded after the opening of the original packaging.
6.8. Cancellation fee – within 14 days from receiving the cancellation note, the sum paid by you for the product or service will be refunded to you. It should be mentioned that the client will be obliged in full payment for sending even if he didn’t receive the goods yet, if the goods were sent from the store to the shipping company. The cancellation fee can be charged by the company.
6.9. In the case of cancelling the transaction due to a flaw or a mismatch between the product and the details given about it by the seller, the offerer will not be obliged in any cancellation fees. If the product was delivered to you – you will be required to have the product available to the seller where it was given to you and notify the seller about it.
7 Cancellation on behalf of the company and/or the seller
7.1. The company preserves the right to immediately and laterally cease the website activity without any prior notice and at any time, according to its sole discretion and/or to cancel a sale (before or after its closure) without any remedies taken against it, including in each of the following cases:
7.1.1. Should it turn out that there was or there is illegal activity in the website.
7.1.2. Should there be any technical malfunction which prevented or might have prevented a purchase by a group or individuals.
7.1.3. In the case of force majeure, acts of war, hatred or terrorism which prevent, according to the company’s sole discretion, the continuance of the sale, its conduct or sufficient participation in it.
7.1.4. Should there be any mistake in the print, in describing the product / service, in the terms of the sale, and/or in case of a mistake in feeding the sales data and/or in feeding the data from the individual submitting the offer / consumer, the seller / company may cancel the specific purchase.
7.1.5. In any case that an action against these rules was done.
7.1.6. The company and/or the seller may cancel the order, if the order was conducted without the complete / exact details of the orderer.
8 Limitations, availability and forbidden uses:
8.1. The goods on the website are presented in good faith and in the responsibility of the sellers, and they do not have any recommendation and/or opinion of the company regarding the character of the products, their qualities, their nature, the manufacturers’ names etc.
8.2. The company obliges to do whatever it can in order to maintain the proper activity of the website and of the actions done but cannot oblige that the service will not be interrupted, provided in order without any intermissions and malfunctions.
8.3. Should there be any action and/or malfunction in the website activity, one should notify the company so that it can be fixed.
8.4. The company shall not be held legible, directly or indirectly, explicitly or generally, for any responsibility for any case in which your order was not received (for any reason) and/or any technical issue which prevents you from placing the order.
8.5. Without decreasing all mentioned above, the company shall not be held responsible for any direct or indirect damage done by using the website.
8.6. The company shall not be held legible for any damage done and/or might be done to your and/or to any third party as a direct and/or indirect result of using the website.
8.7. The company may allow, restrict and/or forbid your access to the website at any time, according to its sole discretion, and it preserve the exclusive right to change or stop the website activity, entirely or in part, at any time, and without prior notice, as required under the circumstances, together and apart, without explicit written approval from the head of the company:
- To copy, retrieve, change, process, translate, re-engineer, distribute, broadcast, present, perform, duplicate, publish and store the contents of the website, entirely or in part.
- To present contents from the website in an overt or hidden iframe frame or to present the website contents in any other way, in a way that changes its original design on the website and/or decreases anything.
- Activate or allow the activation of applications or executives or any other means for searching, scanning, copying or automatic retrieval of the website contents, including applications of robots, crawlers, etc.
- Use the website and/or its contents and/or its means in order to harm the privacy or reputation of any individual and/or to publish malicious contents, fraud, cons, slander and/or any other false, unreliable or harming information.
- Not meeting any of these limitations, may lead to the prevention of your access to the website and even expose you to civil and/or criminal liability according to justice.
9 X-Pen Website
9.1. This website is used as a platform for e-commerce (hereinafter: “the website”) activated by “X-Pen International Ltd”.
9.2. The website presents the variety of the company goods for the customers. The objective of the website is to allow the direct purchase of goods.
9.3. The “X-Pen” website is activated by “X-Pen International Ltd” specializing in making luxury pens.
10.1. All the details and contents in the site are owned by the company. Do not copy or publish any part of the pages without the explicit written consent of the company.
10.2. The mentioned above regards both genders equally.
11.1. This contract is subject to the laws of the State of Israel. The jurisdiction to negotiate in any case of disagreement will be given to the courts of Tel Aviv.
11.2. The instructions of the contract law (remedies for breach of contract) (1970) are applicable for this contract.
Without decreasing the generality or the remedies provided by law, the company will be allowed to immediately, laterally and without any prior notice, stop the services given according to this contract, without having any measures taken against it.
Have a pleasant purchase
X-Pen International Ltd