The web site is owned and operated by La’Bayit Gifts.
All design and content featured on the website, including, but not limited to, navigational buttons and images, design, artwork, look, appearance, written content, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, and/or other intellectual property, are owned, controlled, or licensed by Labayit Gifts and its affiliates.
Such design and content may be protected by copyright laws and treaties and reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Our Site and its content is copyright of La’Bayit – © La’Bayit 2020. All rights reserved.
You agree that you will not access or use the web site in any manner that could damage, disable, impair or cause undue burden on the web site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the web site, that you will not transmit any virus or worm to the web site, that you will not use any spider, robot or any other automated mechanism to access the web site and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the web site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the web site without authorization.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You further agree that no text submitted by you to the web site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any text you submit on the website.
At La’Bayit, our commitment is to offer convenience, service, and product availability online at compelling prices every day, with certain limited time offerings of merchandise at promotional prices, all at our sole discretion.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the website (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We have done our best to display as accurately as possible the colors of the products shown on the web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
We endeavor to present the most recent, most accurate and most reliable information on the web site at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your La’Bayit purchase, please contact us at firstname.lastname@example.org.
In the event a La’Bayit product is listed at an incorrect price due to typographical error or systems error, La’Bayit shall have the right to refuse or cancel any orders placed for a product listed at an incorrect price. La’Bayit shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. La’Bayit will refund any such refused or canceled orders.
Products or services
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in service rendered by La’Bayit will be corrected.
You agree and acknowledge that La’Bayit functions as a gift aggregation service, purchasing gifts for our customers from third party suppliers, on behalf of our customers. As such, any applicable laws regarding a consumer’s right to return purchased products to the seller, shall apply to La’Bayit, in its capacity as a consumer purchasing the gifts from said third party suppliers. As such, La’Bayit will not be required to provide refunds or exchanges for returned products. Notwithstanding the above, upon your written request, La’Bayit shall make reasonable efforts to procure cash refunds and/or exchanges from the third party suppliers on your behalf.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
These Terms are applicable to you upon your accessing the web site and/or completing the registration or shopping process. These Terms, or any of them, may be terminated by La’Bayit without notice at any time for any reason. Provisions relating to Copyrights, Disclaimer, Limitation of Liability and Miscellaneous, shall survive any termination.
Use of the web site
Harassment in any manner or form on the web site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others on the web site is prohibited. You may not upload to, distribute, or otherwise publish through the web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not use the web site to solicit others to join or become members of any other commercial online service or organization.
All purchases on the site are charged in ILS and then converted by the customer's bank into the currency that is held in the customer's account. Prices displayed in other currencies are estimates based on a fixed rate set forth on the site.
LA’BAYIT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LA’BAYIT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
As a visitor to and user of the web site, you assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of the web site. As a visitor to and a user of the web site, you agree that your access will be subject to the Terms set forth and that access is undertaken at your own risk. LaBayit shall not be liable for damages of any kind related to your use of or inability to access the web site. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL LA’BAYIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LABAYIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LA’BAYIT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LA’BAYIT FOR PRODUCTS OR SERVICES PROVIDED BY LA’BAYIT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no case shall La’Bayit, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. La’Bayit takes no responsibility for third party advertisements which are posted on this web site, nor does it take any responsibility for the goods or services provided by its advertisers.
Disputes with La’Bayit
If there is any dispute about or involving La’Bayit, you agree that the dispute shall be governed by the laws of the State of Israel, without regard to conflict of law or choice of law provisions and you agree to the exclusive jurisdiction and venue in courts located in either Jerusalem or Tel Aviv, Israel.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms shall operate to the fullest extent permissible by law.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the web site or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. You agree that any claim or cause of action arising out of or related to your use of the website or these Terms may be filed by La’Bayit or its affiliates until the expiration of the statute of limitations in the applicable jurisdiction.
Effective date: December 2018.
www.labayitgifts.co.il is operated by Bracha Lamm. La’Bayit is an Osek Patur registered in Israel with the company number 337788681.
These Terms constitute the entire agreement between you and La’Bayit regarding the use of the web site.