Terms and Conditions of Use for Mia Inspiration Website

General

Welcome to the Mia Inspiration website, located at https://www.miainspiration.co.il/ (hereinafter: "the Website"), which is owned by Magic Marketing Gifts Ltd. (Company No. 512352279) (hereinafter: "the Company"). The Website serves as the official site of the Company and allows internet users to view the Company's online store catalog, which sells clothing, footwear, bags, fashion jewelry, and accessories (hereinafter: "the Products"), purchase gift cards that the Company may offer for sale on the Website from time to time, and communicate with the Company on various matters.

This policy is written in the masculine form for convenience only and should be understood as referring to the feminine form as well.

The headings of the sections are for convenience only and should not be used for interpreting this policy.

The provisions of this policy shall apply to any use of the Website. Browsing and/or any action on the Website, including placing an order, constitutes agreement to accept and act according to the policy. If you do not agree to any of the terms of this policy, you are requested not to use the Website.

Use of the Website constitutes a declaration that the user is aware of and accepts the provisions of this policy, and that he/she and/or anyone on his/her behalf shall have no claim and/or demand and/or suit against the Company and/or anyone on its behalf, except for claims related to the Company's breach of its obligations under this policy.

The Company reserves the right to change the policy from time to time at its sole and absolute discretion, without prior notice. Notwithstanding the foregoing, in the event of any material change to the policy, the Company will publish a notice of such change, which will take effect within 7 days from the date of the notice.

The user agrees that the Company's computer records alone, regarding actions performed through the Website, shall constitute prima facie evidence of the correctness of the actions.

The use of the Website and its contents is "as is," meaning without any possibility of intervention or change by any user, and for private purposes only. It is strictly forbidden to use the Website and/or its content, in whole or in part, for commercial purposes. The content may not be used, in whole or in part, for copying, editing, altering, reproducing, transmitting, displaying, publishing, transferring, selling, or distributing in any way by any user, without the Company's prior written consent.

The terms of use of the Website apply to the use of the Website and the services included therein via any computer or other communication device (such as a mobile phone, various handheld computers, etc.). They also apply to the use of the Website whether via the internet or via any other network or communication medium.

Placing an order and/or purchasing products through the Website is subject to all the provisions and terms of this policy, and subject to any applicable law, the customer or anyone on his/her behalf shall have no claim and/or demand and/or suit against the Website and/or the Company and/or any of its managers and/or employees, regarding the provisions and terms of this policy.

Product prices include VAT according to law, but do not include shipping fees.

The Company does not undertake to maintain stock of all products whose images appear on the Website.

The Company makes every effort to ensure that the information displayed on the Website is the most complete and accurate information, but it is hereby clarified that, in good faith, inaccuracies or errors may appear, and subject to applicable law, the Company shall not bear any responsibility arising from or related to them.

When updating the shopping cart, and subject to applicable law, the Company reserves the right to send a reminder to the customer about the abandoned cart, by sending an email to the address provided, with the customer having the right to notify the Company at any stage that they wish for the Company not to send them any further mailings, beyond the obligations that apply to it by law.

Upon registering on the Website, the customer may subscribe to receive official mailings from the Website, including advertisements as defined in the Communications (Telecommunications and Broadcasts) Law, 5742-1982 (hereinafter: "Mailings"). If the customer wishes to unsubscribe from the mailing list after having registered, they can easily do so via the link at the bottom of the received mailing or by contacting the email info@miainspiration.com or under "My Account" in the customer's account on the Website, as they choose. For the avoidance of doubt, even after the customer has requested to remove themselves from the mailing list, the Company shall still be entitled to use the customer's details for the purposes specified in the Company's privacy policy and for sending operational messages (such as: receipt of invoice, order confirmation, reminder about purchasing processes that have started but have not been completed, etc.), in accordance with applicable law.

The Company may (but is not obligated to) offer customers, from time to time, promotions and benefits, on all or part of the products offered for sale on the Website. These promotions and benefits will be managed in accordance with the provisions of the law, the provisions of this policy, and the provisions that will be published on the Website from time to time regarding any specific promotion and/or benefit. The Company reserves the full right to change promotions and benefits, to stop them or extend them, at its sole discretion, and subject to the provisions of the law.

Promotions and discount coupons apply to all products on the Website except for sale items, unless otherwise specified in the terms of each promotion or coupon. Only one coupon can be used per purchase. The coupon can be redeemed for purchases on the Website only. In the event of a transaction cancellation for an item purchased at a discount with a coupon, the amount refunded, if the customer is entitled to a refund, will be the amount paid after the discount.

Birthday Benefit – Every customer who joins Mia Loyalty (as defined in Section ‎3 below) will receive a birthday benefit in the month of their birthday, according to the information provided in the registration form. The birthday benefit will entitle them to a voucher for 50 NIS (hereinafter: "the Voucher") to be redeemed only in the chain stores, which will be sent to the customer both via text message and email at the beginning of their birthday month (hereinafter: "Birthday Benefit").

The Birthday Benefit is valid only for the birthday month and is a one-time benefit conditional on presenting an ID card, and only during this period will the customer be entitled to redeem the Birthday Benefit. For example: if the customer was born in March. At the beginning of March, the voucher will be sent to the customer's email address used to register for Mia Loyalty, and the customer will be able to redeem it until the last day of that month.

To be eligible for the Birthday Benefit, upon registering on the Website, consent must be given to receive ongoing content from the Company, so that the Company can send the customer the Birthday Benefit via email as stated in Section ‎3 below. For the avoidance of doubt, a customer who requested not to receive advertisements and marketing emails from the Company will not be eligible to receive the Birthday Benefit.

The Company reserves the right to upload and market Flash Sales – promotions offering certain benefits and limited in time, communicated specifically on and off the Website.

The Company may, at its reasonable discretion under the circumstances, discontinue Website activity at any time and without prior notice (however, it will honor orders already confirmed up to that date).

Right/Eligibility to Make Purchases on the Website

If you are a minor (under the age of 18) or are not eligible to perform legal actions without guardian approval, you are required to inform your parents and/or legal guardians (hereinafter: "the Parents") about the provisions of this policy and obtain their approval for any activity, of any kind, within the Website. The Parents are responsible for informing minors wishing to browse the Website about the policy and for supervising the minors' activities to ensure that they act in accordance with the terms of this policy. Any activity performed by minors on the Website constitutes the consent of the minors and/or Parents to the terms of the policy.

The Company reserves the right to prevent access to the Website and/or prevent the possibility of ordering products through the Website or cancel it or discontinue the customer's use of the Website and/or prevent purchases and/or cancel purchases by users in any case where: (a) the customer's conduct is inappropriate; or (b) the customer's conduct is not in accordance with the terms of use and/or the provisions of this policy or any other binding provision appearing on the Website or in other contractual documents applicable between the customer and the Company; (c) the customer committed an illegal act and/or violated legal provisions if the Website's services were used to commit an act deemed illegal under Israeli law or to enable, facilitate, assist, or encourage the commission of such an act; (d) the customer committed an act or omission that harms the Company and/or anyone on its behalf and/or any third party, including other customers and users of the Website or the proper operation of the Website, including but not limited to, fictitious orders and/or intentional cancellations of transactions; (e) if there is a monetary debt to the Company and the debt has not been paid despite the due date having passed; (f) for any other reason not specified above that the Company deems appropriate, at its reasonable discretion under the circumstances; (g) if the customer's credit card or other payment method with which they wish to pay for a transaction on the Website is blocked or restricted in any way; (h) if the terms of this policy, the terms of any of the binding documents, or the terms of any other online service offered by the Company have been violated.

In such cases, the Company shall be entitled, inter alia and without derogating, to track the customer's use of the Website, transfer the customer's behavior patterns to the relevant authorities and/or to third parties who prove, to the Company's satisfaction, that they are harmed by the customer's infringing activity, and any other action the Company deems necessary to protect its property and/or its rights and/or the rights of third parties.

Mia Inspiration Loyalty

The "Mia Inspiration Loyalty" customer club (hereinafter: "Mia Loyalty") is managed by the Company.

Registration for Mia Loyalty will be done, inter alia, through the Website.

This policy is intended to regulate the rules by which Mia Loyalty operates.

A customer joining Mia Loyalty accepts, by virtue of joining, the rules of this policy with all its terms and benefits and undertakes to act accordingly.

Membership in Mia Loyalty is from the date of joining and for an unlimited period or until the member notifies the Company in writing of their desire to leave Mia Loyalty and/or after the member has violated the policy.

The right to redeem Mia Loyalty benefits is subject to membership in Mia Loyalty and the redemption terms specified in this policy.

A Mia loyal customer shall be any adult holding an ID card who has requested to join Mia Loyalty, filled out a Mia Loyalty registration form (as detailed in Section ‎3.12 below) and met all the Mia Loyalty conditions in this policy. Applicants for membership in Mia Loyalty who are under 18 years of age are required to inform their parents and/or legal guardians about the provisions of this policy and provide the Company with written approval from their parents and/or guardians for any activity of any kind within Mia Loyalty.

The Company is entitled to terminate Mia Loyalty activity at any time with 30 days' prior notice, which will be published in a manner determined by the Company.

The Company is entitled to refuse to approve a customer's registration as a Mia Loyalty member for any reason whatsoever and at its sole discretion.

A member wishing to cancel their Mia Loyalty membership shall do so by visiting one of the chain stores and notifying that store and/or notifying the Company's offices in writing.

The Company reserves the right to change the validity of Mia Loyalty membership and to collect membership fees in connection with joining Mia Loyalty, as well as to collect renewal fees, change them or cancel them, all according to its sole discretion.

Membership as a Mia Loyalty member is conditional on filling out a Mia Loyalty application form which includes, among other things, the following details: first name and last name, date of birth, ID number, address, mobile phone number, email address, signature, date, and consent to receive mailings from the Company, including advertisements as stated in the Communications (Telecommunications and Broadcasts) Law, 5742-1982, via SMS messages to the mobile phone and/or via email.

The responsibility for filling in the registration details and their accuracy lies solely with the member, who undertakes to provide only correct and accurate information. No claim shall be heard against the Company or anyone on its behalf regarding non-receipt of benefits due to incorrect details. Providing one or more incorrect details shall constitute grounds for not accepting the customer as a Mia Loyalty member. The personal data in the registration form will be used by the Company to contact the customer and for the ongoing operation of Mia Loyalty.

It is clarified that filling out the application form for membership, in which consent to receive mailings is given, constitutes consent to allow the Company and/or anyone on its behalf to use the data for mailing purposes and collaborations with other companies.

Mia Loyalty membership is personal and cannot be transferred or used by or through another party and/or for others, and the same applies to the benefits. Only a Mia loyal customer themselves may utilize Mia Loyalty membership and the benefits granted thereunder.

The Company shall be entitled to cancel a member's Mia Loyalty membership and revoke any right arising from their membership, including the forfeiture of rights and benefits accumulated prior to the cancellation of their membership, if they acted contrary to the provisions of the policy and/or the law.

According to the Consumer Protection Law, the Company shall be entitled to cancel a transaction before its completion due to a technical error in displaying the product price on the Website, while preserving the customer's right to complete a replacement transaction at the corrected price or to cancel the transaction.

Membership in Mia Loyalty grants benefits in the Company's stores and on the Company's website.

The Company reserves the right to change or cancel any benefit granted to Mia Loyalty members at its sole discretion and without prior notice.

The Company reserves the right to select and change the mailing of promotions and benefits from time to time in any way, including SMS messages, mail, email, the website, point of sale slips and all possible communication channels.

Upon joining Mia Loyalty, the member accepts the binding policy between the parties.

The Company reserves the right to change the policy from time to time at its sole discretion and without prior notice. As of the date of the policy change, the new version will be binding. The version found in the Company's offices and/or on the Company's website will be the binding version of the policy.

When purchasing products, Mia Loyalty benefits cannot be used simultaneously with discount cards of any kind, if the Mia Loyalty member possesses them.

In case of any contradiction and/or discrepancy between the provisions of this policy and any other publications in any media, the provisions of this policy shall prevail in all respects.

Purchasing Products

The Company will allow a user who meets the conditions of Section ‎2.1 above (hereinafter: "the Customer") to purchase various products through the Website (hereinafter: "the Order").

To place an order for one or more products, the Customer must first select the product, including size, color, and quantity.

Purchasing products through the Website will be carried out by a registered customer or one who chooses to log in as a guest by filling out an order form appearing on the Website. It is clarified that filling out all the details required for registration on the Website is a condition for placing an order. The customer is solely responsible for maintaining the absolute confidentiality of their account details on the Website.

The Company will not use the customer's details for any purpose other than in accordance with the Website's privacy policy, which is an integral part of the terms of this policy.

After selecting the products, as an integral part of placing the order, the customer must fill out an order form (hereinafter: "the Order Form"). In the order form, the customer will provide their current, correct, and accurate personal details, including: email address, first name, last name, street, house number, apartment, locality, postal code, phone number, floor, entrance, and then the customer will be directed to a window where they are required to enter the payment method and payment details, as detailed in section ‎4.6 below, in order to ensure the order is executed efficiently and without errors. For delivery, the customer will be required to choose a delivery time window from the options displayed on the Website. It is clarified that the fields explicitly marked are mandatory. Without providing the requested data in the mandatory fields, the customer will not be able to place an order.

Providing false information intentionally or without authorization may constitute a criminal offense. Criminal and civil legal proceedings may be taken against a customer who submits false information. For the avoidance of doubt, if incorrect information is provided when placing an order, the Company cannot guarantee that the order will be processed, executed, or that the products will reach their destination. In the event that the products are returned to the Company due to incorrect and/or erroneous information provided, the Company may charge the customer an additional payment for shipping fees.

In addition to the information mentioned in Section ‎4.5 above, in the order form, the customer will provide the payment method they wish to use for the purchase. The payment methods that the customer can use are credit card / online payment service provider.

After entering the details as stated in Sections ‎4.5 - ‎4.6 above, the customer will confirm their order by clicking the "Purchase" button (hereinafter: "Order Placement"). The system will verify the credit card details through the clearing company or with the online payment service provider. If the order is not approved by the credit card company or the online payment service provider, the customer will receive an appropriate notification to the email address provided during website registration, the order will not be executed, and the provisions of Section ‎4.9 below will apply.

After the payment details have been entered on the payment page, the customer will receive a confirmation via the email address they provided during website registration, indicating that the order details have been received. This confirmation does not obligate the Company to supply the products; it merely confirms that the order details have been recorded by the Company.

If it turns out that the customer's credit card or that of someone on their behalf is invalid, or that the credit card company does not honor the transaction, or that PayPal (or any other available online payment service) does not honor the charge, or that the requested product is not in the Company's stock, the Company will contact the customer (using the details they provided when registering on the Website) to complete or cancel the transaction.

When paying via PayPal account (or any other online payment service provider), the customer will be asked to enter the details of their existing account on the PayPal website (or an account with the other online payment service provider), or they can choose to quickly open a PayPal / other online payment provider account. If the customer decides to pay via PayPal account / other online payment provider, the Company can only collect payment for the products after receiving approval from PayPal / other online payment provider. The use and receipt of approval are subject to the terms of use and privacy policy of PayPal / online payment service provider, and not of the Website.

After the Company receives approval from the credit card company or the online payment service provider for the order, and the Company verifies that the item is in stock, an email will be sent to the customer at the address provided during the completion of the order form, confirming the order (hereinafter: "Order Confirmation").

The order details as entered by the customer in the order form and the recording of the transaction in the Company's computers shall constitute conclusive and final proof of the correctness of the transaction.

It is clarified that the customer can change the shipping method and the shipping address within one hour from the time of the order, and during customer service hours – between Sunday and Thursday, between 9:00 AM and 3:00 PM, by calling 08-9380937.

The Company may update the prices of products on the Website from time to time without prior notice. The valid price for an order placed is the price published on the Website at the time the order process is completed (which includes providing payment method details). If prices were updated before the order was completed, the customer will be charged according to the updated prices.

* Business days - weekdays (Sunday to Thursday), excluding Fridays, Saturdays, holiday eves, holidays, statutory holidays, intermediate holiday days, and memorial days.

* Business days will be counted from the date of sending the order confirmation.

The shipping rate for an order placed is the shipping rate on the Website at the time of placing the order. If shipping rates were updated before the order was completed, the customer will be charged according to the updated rates.

The Company may offer promotions, benefits, and discounts on the Website or through any other communication means - including phone, email, or text message, and may at any time discontinue, replace, or change these promotions, benefits, and discounts, without the need to provide any prior notice, subject to applicable law.

The Company may conduct end-of-season sales on the Website.

Delivery Dates, Transportation, and Shipping

Upon confirmation of the order, the Company will deliver the order to the address in Israel, as entered in the order form (hereinafter: "the Shipment").

The shipping fee amount will appear during the ordering process and will be collected as part of the order. In the case of a transaction with installments, the shipping fee may be collected as part of the first payment.

Subject to the provisions of section ‎9.8 below, the Company will deliver the shipment through a courier company or via self-pickup from an ECO POST collection point, within the delivery time promised at the time the customer placed the order on the Website.

Home delivery by couriers will be made by prior arrangement, within 5 business days from the date of the order. For remote settlements – settlements in the Arava, Eilat, and settlements in the Golan Heights – the Company cannot guarantee arrival within 5 business days, but in any case, the delivery day will not exceed 14 business days from the date of sending the order confirmation.

The shipping company may change the collection point up to 1 km to the closest point to the customer's home due to congestion or changes beyond the Company's control.

It is clarified that the Company will not deliver orders to addresses beyond the Green Line.

The Company and/or the shipping company may refuse to deliver an order to areas with restricted access for security reasons. In such a case, the delivery method will be coordinated with the customer by phone. It is clarified that despite the provisions of Section ‎5.3 above, the delivery time for such an area as mentioned in this section will be within 14 business days.

If the shipment was not delivered for a reason related to the customer, including but not limited to, due to incorrect and/or inaccurate details provided when placing the order and/or because the customer was not at the delivery address at the appointed time and/or the customer refused to accept the shipment, the customer will be charged the shipping fee and handling fee for the shipment.

It is clarified that parcel distribution by the courier company will take place between 8:00 AM and 8:00 PM within 5 business days from the date of receiving the order confirmation, and therefore, to expedite the delivery process, it is recommended to enter a shipping address on the website where the customer is present for most of the day.

Each customer may order a product and select a desired destination for delivery by updating the desired destination in the order form – however, it should be noted that for convenience, the last shipping destination updated by the customer will be saved in the Company's database as the customer's desired destination for future orders. It is the customer's responsibility to ensure that the desired destination is correct and up-to-date for each and every order. For the avoidance of doubt, of course, the customer can change the desired destination for delivery for any order.

Customer Service

For questions regarding the products displayed on the Website, or for additional information about the Website, its activity, and how to place orders, you can contact the Company's customer service using one of the following methods:

By phone: 08-9380937. Sunday-Thursday, between 10:00 AM and 3:00 PM.

By email: info@miainspiration.com;

By fax: 08-9380936 (Please note that the inquiry is for customer service)

Cancellations and Product Exchanges

A customer who has placed an order may cancel the transaction in accordance with the provisions of the Consumer Protection Law, 5741-1981 (hereinafter: "Consumer Protection Law"), the main points of which are set forth below.

In Writing
If the order is canceled as stated in section 7.2, an email confirmation will be sent to the customer, and the company will refund the customer, within 14 days of receiving the cancellation notice as stated in section 7.2.1 above, the amount paid by them when placing the order.
The cancellation notice"), and the customer must return the products to the company within 14 days of the date of the cancellation notice, provided that the products are in good condition and have not been used, in their original packaging, with all labels/tags still attached to the item, and are complete and/or without damage and/or defect and/or malfunction of any kind.

The return of products as stated above shall be carried out in one of the following ways:

Refund

For the avoidance of doubt, it is clarified that upon cancellation of an order as stated in section 7.3, the customer shall not be entitled to a refund of shipping fees, if any, paid by them. 

Defective Product

Cancellation of an order, even if due to a defect in the product, after it has been supplied to the customer, is subject to the return of the canceled items to the company, provided that they have not been used, are in their original packaging, and all labels/tags are still attached to the item, and are complete and/or without damage and/or defect and/or malfunction of any kind. 

Product exchanges as stated in this section shall be made within 14 days from the date of receipt of the order by the customer, provided that they have not been used, are in their original packaging, and the label/tag is still attached to the item, and are complete and/or without damage and/or defect and/or malfunction of any kind. 

A customer who is a person with a disability (as defined in the Equal Rights for Persons with Disabilities Law, 5758-1998 (hereinafter: "person with a disability")) or someone who is 65 years old or older (hereinafter: "senior citizen") or someone for whom five years have not yet passed from the date they received an immigrant certificate or eligibility certificate as an immigrant from the Ministry of Aliyah and Integration (hereinafter: "new immigrant") shall be entitled to cancel a transaction for the purchase of a product within four months from the date of the transaction, from the date of receipt of the product, or from the date of receipt of the disclosure document in accordance with the provisions of the Consumer Protection Law, whichever is later, provided that the transaction involved a conversation between the company and the customer, including a conversation through electronic communication.

If a customer who is a person with a disability, a senior citizen, or a new immigrant requests to cancel a transaction as stated above, the company may require that customer to present a certificate proving that they are a person with a disability, a senior citizen, or a new immigrant.

If a transaction is canceled by a customer who is a person with a disability, a senior citizen, or a new immigrant by notifying the company within four months from the date of the transaction, from the date of receipt of the product, or from the date of receipt of the disclosure document in accordance with the provisions of the Consumer Protection Law, whichever is later, as stated, the company shall refund to that customer the consideration paid for the product, and may deduct from this amount cancellation fees of 5% of the transaction value (product value + shipping fees) or NIS 100, whichever is lower.

Notwithstanding the foregoing, the company shall not charge cancellation fees if the cancellation is due to a defect in the product, a discrepancy between the product and the details provided about it in accordance with the law, due to non-delivery of the product on the scheduled date, or due to any other breach by the company towards the customer in connection with the transaction.

For the avoidance of doubt, no monetary credit will be given for products for which no monetary consideration was paid, including through gift vouchers/cards.

It is clarified that in accordance with the provisions of the Consumer Protection Law, the right of cancellation as detailed above shall not apply to perishable goods (products that, upon their arrival to the customer and once supplied, cannot be used again or supplied to another customer, or products whose value is lost within the period until the product is returned, or products that may spoil until their return).

It is hereby clarified that the provisions of the Consumer Protection Law applicable and valid at the time of placing the order are the binding provisions, even if otherwise stated in these regulations or on the website.

Purchase of Gift Cards and BUYME Vouchers through the Company's Website 

A gift card (hereinafter: "Gift Card") or BUYME vouchers (hereinafter: "BUYME Vouchers") may be purchased on the website, which can be redeemed when purchasing the Company's products in the Company's stores only. It is clarified that when purchasing BUYME Vouchers, the terms applicable to BUYME Vouchers as they appear on the BUYME website and in the Consumer Protection Law shall apply.  After choosing to purchase the Gift Card, and as an integral part of placing the order, the customer must fill out an order form (hereinafter: "Order Form") as stated in section 4.5 above, as well as the amount of the Gift Card (to choose between an amount of NIS 150 or NIS 300). In addition, the customer must fill in, in the designated place on the order form, the address to which they wish the Gift Card to be sent (hereinafter, respectively: "Card Delivery Address" and "Gift Card Order").

or

Gift Card Order Confirmation"

No change will be given for partial use of the Gift Card; rather, the accumulated amount will be reduced.

Person with a Disability, Senior Citizen, New Immigrant

If a transaction is canceled by an orderer who is a person with a disability, a senior citizen, or a new immigrant by notifying the company within four months from the date of the transaction, from the date of receipt of the Gift Card, or from the date of receipt of the disclosure document in accordance with the provisions of the Consumer Protection Law, whichever is later, as stated, the company shall refund to that orderer the consideration paid for the Gift Card, and may deduct from this amount cancellation fees of 5% of the transaction value or NIS 100, whichever is lower.

Error! Reference source not found., the right of cancellation as detailed above shall not apply if the Gift Card has been used, in whole or in part. Upon valid cancellation of the transaction in accordance with the provisions of these regulations, the Gift Card will be canceled and cannot be redeemed in the company's stores.

Consumer Protection Law

An orderer who is a person with a disability (as defined in the Equal Rights for Persons with Disabilities Law, 5758-1998 (hereinafter: "person with a disability")) or someone who is 65 years old or older (hereinafter: "senior citizen") or someone for whom five years have not yet passed from the date they received an immigrant certificate or eligibility certificate as an immigrant from the Ministry of Aliyah and Integration (hereinafter: "new immigrant") shall be entitled to cancel a transaction for the purchase of a gift card within four months from the date of the transaction, from the date of receipt of the product, or from the date of receipt of the disclosure document in accordance with the provisions of the Consumer Protection Law, whichever is later, provided that the transaction involved a conversation between the company and the orderer, including a conversation through electronic communication.

If an orderer who is a person with a disability, a senior citizen, or a new immigrant requests to cancel a transaction as stated above, the company may require that orderer to present a certificate proving that they are a person with a disability, a senior citizen, or a new immigrant.

If a transaction is canceled by an orderer who is a person with a disability, a senior citizen, or a new immigrant by notifying the company within four months from the date of the transaction, from the date of receipt of the gift card, or from the date of receipt of the disclosure document in accordance with the provisions of the Consumer Protection Law, whichever is later, as stated, the company shall refund to that orderer the consideration paid for the gift card, and may deduct from this amount cancellation fees of 5% of the transaction value or NIS 100, whichever is lower.

Notwithstanding the foregoing, the company shall not charge cancellation fees if the cancellation is due to a defect, a discrepancy between the gift card and the details provided about it in accordance with the law, due to non-delivery of the gift card on the scheduled date, or due to any other breach by the company towards the orderer in connection with the transaction.

(a) Verbally - by phone (details are provided in section 6 above);

(b) In the company's stores;

(c) By email: info@miainspiration.com

Liability

Subject to the limitations of liability applicable by law, the company and/or anyone on its behalf shall not be responsible and shall not bear any direct, indirect, consequential, or special damage caused to any user of the website and/or gift card orderer and/or gift card recipient and/or anyone on their behalf and/or any third party, as a result of using or ordering and purchasing a gift card on the website, including, without derogating, entering incorrect details of the gift recipient, or due to acts or omissions of any user of the website and/or gift card orderer and/or gift card recipient and/or anyone on their behalf and/or any third party.

Warranty and Service

Subject to the limitations of liability applicable under existing law, the company and/or anyone on its behalf shall not be liable and shall not bear any damage of any kind, direct, indirect, consequential, or special, caused to the user and/or customer and/or a third party, as a result of use and/or ordering through the website, or due to acts or omissions of the customer and/or third parties, including, without derogating, communication providers (including in connection with a temporary or permanent malfunction and/or disruption in communication lines) and/or due to unauthorized access, attacks, hacking and penetration of information (or attempts to carry out any of these) through communication lines or other communication networks and/or due to shipping services and/or collection of shipments - whatever the cause of action - including loss of income and/or prevention of profit caused for any reason.

In any event, subject to the limitations of liability applicable under existing law, whatever the cause of action, the company's liability shall not exceed the total payments made by the customer to the company, and in any event, the company shall not be liable for consequential or indirect damages, including loss of income and/or prevention of profit caused for any reason.

If a clerical error occurs in the description of the color and/or in the appearance of the color, and/or in the way the color appears on the user's screen, this shall not obligate the company. The color catalog on the website is for illustrative purposes only, and there may be differences between the colors displayed on the website, some or all of them, and the colors actually sold.

Product images and/or size charts on the website are for illustration purposes only and are not binding on the company. It is clarified that there may be differences between the images and/or sizes displayed on the website, some or all of them, and the products actually sold, and the customer hereby waives any claim and/or demand and/or lawsuit in this regard.

The company makes every effort to ensure that the information displayed on the website is the most complete and accurate information, but it is clarified that inaccuracies or errors may appear in good faith, for which the company shall not bear any responsibility arising from or related to them.

The Company and/or anyone on its behalf shall not be responsible for any malfunction and/or delay and/or disruption in the use of the website and/or the services included therein (including product shipments) and/or in connection with any of these (including and without prejudice to the generality of the foregoing, in Bezeq lines and/or internet systems and/or cellular networks) and also for any expense, loss or damage that may be caused for any reason whatsoever, which is not dependent on the Company, including and without prejudice, as a result of an order and/or regulation and/or instruction of a governmental authority, a material paralysis of communication systems, earthquake, storm, shortage of materials and/or public services and/or transportation services, fire, flood, explosion, explosion, accident, epidemic, strike, lockout, riots, disruption of public order, war, terrorist act and/or hostility and closure, and these shall not be considered a breach of the terms of this policy and shall not entitle the customer to any remedy and/or right. For the avoidance of doubt and without derogating from the generality of the foregoing, it is clarified that the customer shall have no claim or right whatsoever in connection with actions taken by the Company due to a malfunction and/or disruption as stated above.

Subject to any law, the company shall not be liable for any damage of any kind whatsoever, caused to the customer or anyone on their behalf, if any information entered by the customer during the ordering process is lost or reaches any party other than the company and/or is used without authorization. 

Notwithstanding the provisions of Section 5.3 above, the Company shall not be liable for any delay or postponement in delivery and/or non-delivery of an order, caused by "force majeure" and/or events beyond the Company's control, including strikes, lockouts, natural disasters, unusual weather conditions, etc., malfunctions in the computer system or telephone systems that impair the completion of the purchase process, or malfunctions in the email service.

The manufacturer's and/or importer's details and care instructions for the products will appear on the products in the order. If the information is not available on the product, you can contact the company's customer service as stated in section 6 above to obtain the information and/or additional information. The company is not responsible for any use made by the customer that is not in accordance with the manufacturer's instructions, including the instructions displayed on the manufacturer's label attached to the garment, and/or the company, including washing and/or any other use of clothing or accessories sold through the website that is not in accordance with the instructions on the label.

Furthermore, it is possible that within the framework of using the website, the company may provide links and references to various websites and pages on the internet, operated by third parties (hereinafter: "linked websites") where the customer can, among other things, receive or purchase various products and services. It is possible that on these linked websites and pages, the customer will be asked to register, provide various details, and so on. It is clarified that the company has no knowledge, control, or responsibility regarding what happens on these linked websites. Providing details and registering on these websites is not subject to the company's privacy policy but to the privacy policy of those linked websites and the provisions of any law. Browsing these linked websites and pages, as well as any action the customer performs in connection with them, are solely the responsibility of the customers and the owners of the linked websites, and the customer shall have no claim and/or demand for loss, damage, or direct and/or indirect damages against the company and/or anyone on its behalf arising from reliance on and/or use of the content and/or information provided on these linked websites. For the avoidance of doubt, the company is not responsible, if any, for the content published in the links on the website that lead to other websites that can be accessed through that link. The company does not guarantee that the link will lead the user to an active website. 

The company will do its utmost to provide quality products at the requested time. If the customer believes that the products purchased through the website or the services suffer from any defect, they are invited to contact customer service, and the company will handle the inquiry as soon as possible.

It is clarified that the company's customer service will be provided to customers who purchased products on the website only. In any case, no service whatsoever (including exchanges and/or returns, etc.) will be provided for products purchased outside the website.

Intellectual Property

All intellectual property rights on the website and/or in the products, including patents, copyrights, designs, methods, and trade secrets, are the sole property of the company. These rights apply, among other things, to the content on the website, the data on the website, the graphic description and design of the company's website and product design, its databases (including product lists, product descriptions, etc.), the website's computer code, its internet address, and any other detail related to its operation, design, software, application, computer code, graphic file, text, etc., whether in an external interface, in source code, or in target code.

It is forbidden to copy, duplicate, distribute, sell, market, translate, modify, publish, broadcast, display, perform, issue a license, create derivative works, reverse engineer, or sell, in part or in full, temporarily or permanently, in any form whatsoever, any part of the information or content included in the website, including trademarks, images, texts and computer code, clothing and product design, images of clothing and products, and so on, without obtaining the prior written consent of the company or (as the case may be) third parties. Furthermore, the website shall not be used in a manner that constitutes or may constitute an infringement or violation of the company's intellectual property, without explicit written prior consent.

No commercial use shall be made of the data published by the company, in the company's database on the website, in the product lists appearing therein, or in any other details published therein, without obtaining the company's prior written consent.

No data published on the website shall be used for display on another website or any other service, without obtaining the website management's prior written consent and subject to the terms of that consent (if granted).

The website shall not be displayed in a design or graphic interface different from those designed by the company, unless with the company's prior written consent.

The name "basic by mia" and the name "Mia Inspiration" are the company's trademarks registered with the Patents Registrar and are all the sole property of the company. They shall not be used without the company's prior written consent. It is clarified that other trademarks of the company (whether registered or not) are also the sole property of the company.

Insofar as there are trademarks (including images, drawings, etc.) submitted for publication by companies offering products and services for sale on the website, these trademarks are the property of those companies and shall not be used without their consent.

All textual content, icons, any information and/or display appearing on the website, including graphics, design, textual presentation, trademarks, logos, as well as their editing and presentation, are the exclusive property of the company. Any use of this property of the company shall be made solely in accordance with the provisions of these terms and conditions. 

No use shall be made of any trademark or design of a product or model appearing on the website or photographs found on the website that constitute protected intellectual property, both by virtue of Israeli law and by virtue of international conventions to which the State of Israel is a party. 

Website services shall be used for legal purposes only.

It is prohibited to copy and use, or allow others to use, in any other way, content from the website, including on other websites, in electronic publications, print publications, and the like.

It is prohibited to operate or allow the operation of any computer application or any other means, including software such as Crawlers, Robots, etc., for the purpose of searching, scanning, copying, or automatically retrieving content from the website. This includes, creating and using such means for the purpose of creating a collection, compilation, or database that will contain content from the website.

It is prohibited to display content from the website within a frame, whether visible or hidden.

It is forbidden to display content from the website in any way - including by means of any software, device, accessory, or communication protocol - that alters its design on the website or omits any content from it, and in particular advertisements and commercial content.

Data Confidentiality 

The company does not store credit card numbers on its computers.  

The company uses the highest security standards to maintain, as much as possible, the confidentiality of information and the privacy of its customers. The company uses hyp, a credit card clearing company, for information verification and security. Through hyp, users' personal details remain secured at the highest level throughout the entire billing process. hyp complies with PCI Level 1 standard.

In cases that are beyond the company's control and/or due to force majeure, the company shall not be liable for any damage of any kind, indirect or direct, caused to the customer and/or anyone on their behalf, if information is lost or reaches a hostile party and/or is used without authorization.

The company makes an effort to provide the customer with proper service of high quality. However, the company does not guarantee that the service on the website will not be interrupted, will be provided in an orderly manner or without interruptions, will be secure and error-free, and will be immune from unauthorized access to the company's management computers and/or the website operating the website, damage, malfunction, faults or failures - including hardware, software or communication line failures to the website - at the company and/or any of its suppliers.

Additional Terms

The interpretation and enforcement of these terms and conditions and/or any action or dispute arising therefrom, shall be in accordance with the laws of the State of Israel, and shall be heard, if necessary, in the Tel Aviv-Jaffa court.

The company reserves the right to change these terms and conditions from time to time. Only the rules published in the website's terms and conditions shall be binding on those performing actions on the website.


Last edited: 19.05.2024