Terms of Sale
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website vialicentia.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
By ticking the box where indicated you accept the terms and conditions below. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information about us
We operate the website www.vialicentia.com. We are Via Licentia, a company registered in Israel under company number 514553569 and with our registered office at Arava 18, Holon, Israel.
2. Service availability
Our site is only intended for use in the countries contained in the following list:
Albania, Andorra, Argentina, Armenia, Australia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, China, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Hong Kong, Hungary, Iceland, India, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kyrgyzstan, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madagascar, Malta, Mexico, Moldova, Monaco, Montenegro, Morocco, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippine, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Suriname, Sweden, Switzerland, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, U.S.A., Ukraine, United Kingdom, Uzbekistan, Vatican City, Venezuela, Vietnam.
We do not accept orders from individuals outside those countries.
3. Your status
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident in one of the Serviced Countries; and
(e) you are accessing our site from that country.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by providing you with a unique order number (Order Number).
4.2 The contract between us (Contract) will only be formed once we have received payment from you and you have received an Order Number. The Contract will relate only to those Products whose payment we have confirmed with an Order Number. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed with a separate Order Number.
5. Consumer rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us securely packaged with the original packaging as soon as reasonably practicable, at your own cost. You have a legal obligation to take care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 As you are aware many of the Products on the Website fall under the Article 14 of the Consumer Protection Law, 1981 being "specially produced for the consumer" and as such you will not be entitled to return these products under clause 5.1 and 5.2 and you will not be entitled to a refund under the Distance Selling sections of the Consumer Protection Law 1981.
5.4 The Products referred to in clause 5.3 may be specially produced for you in a number of ways (including but not limited to):
(a) the Products will be produced specifically on an order by order basis (as opposed to sending you a item from stock); or
(b) the Products will be produced for you on a one off basis, in which case, the Products may differ slightly from the Product description or images on the Website; or
(c) a change or customisation from the description or images on the Website that you have chosen, for example, you may want to order the Products in a different material;
colour; size; shape; special non-specified modifications; specially requested engravings; or other symbols (there may be other modifications available depending on the Products offered); or
(d) unique or limited edition art pieces including paintings and sculptures.
If you order specifically produced Products the Consumer Rights described in paragraphs 5.1 and 2.2 will not apply and you will not have any right to cancel a Contract for the supply for any of these Products. The Website clearly identifies if you do not have a right to cancel a contract prior to payment however if you are in any doubt about whether you have the right to cancel the contract, you should obtain conformation from us before ordering.
6. Complaint Procedure
6.1 If you receive a Product which does not materially conform to the Product description on the Website; or is faulty or defective; or is damaged you should notify us in writing within fourteen days of receipt of the Product or otherwise in accordance with relevant consumer law legislation.
6.2 Upon receipt of a notice under clause 6.1 above, we will put you in touch with the supplier of the Product who will ascertain the true nature of the problem and, if applicable, fix or replace the Product.
6.3 In the event that there is any dispute regarding whether the Product conforms to the Product description on the Website; is faulty or defective; or is damaged, you agree that we may appoint an independent expert to make a binding determination.
7. Availability and delivery
We shall use reasonable endeavours to fulfil your order for the estimated delivery date which is set out in the order confirmation email unless there are exceptional circumstances in which case we shall provide you with a revised delivery date.
8. Risk and title
8.1 The Products will be at your risk from receipt of the Products from the delivery agent.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Price and payment
9.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Product prices do not include VAT unless applicable in which case any additional payment in respect of VAT will be clearly identified prior to payment.
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Payment Confirmation.
9.4 Payment for all Products must be by credit or debit card. We accept payment from most major credit and debit cards as well as payment via Paypal and via bank transfer.
10. Refunds policy
10.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within 14 days under Paragraph 5.1 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of our safe receipt of the Products. In this case, we will refund the price of the Product less a maintenance fee, which will be the lesser of $30 or 5% of the Products price. You will be responsible for any applicable delivery charges including the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with clause 20 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Liability
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
11.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
11.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) defective products; or
(d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. Import duty
12.1 If you order Products from our site for delivery outside of the country of origin, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Written communications
Applicable laws may require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Notices
All notices given by you to us must be given to Via Licentia at customerservice@vialicentia.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 10 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f)the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to resolve an issue caused as a result of a Force Majeure Event or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. Waiver
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
18. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Payment Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Israeli law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the jurisdiction of Israel.