Terms of Use
General
Welcome to the website www.ashe-studio.com (hereinafter: "the Website") owned by ASHE, Company No. 345968705
(hereinafter: "the Company").
The provisions set forth in the Terms of Use, Privacy Policy, and Cookie Policy documents (hereinafter collectively: "Terms of Use") shall apply to the use of the Website and constitute the legal basis for any matter between the user and the Company. Therefore, please read the Terms of Use carefully.
The user's use of the Website constitutes their explicit agreement to the provisions of the Terms of Use. If the user does not agree with the Terms of Use and the Privacy Policy, they must refrain from using the Website in any way.
The Company may at any time, without prior notice and at its sole discretion, discontinue or suspend the operation of the Website, in whole or in part, or modify or change its nature and content.
The Terms of Use of the Website are intended for both men and women and are written in the masculine form for convenience only.
The section headings below are provided for convenience and user orientation and shall not be used in the interpretation of the Terms of Use.
The use of the Website is permitted solely for the user's personal purposes, and no use or purchase may be made for commercial purposes.
The user agrees that the Company's computer records regarding actions taken 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 intervention or alteration 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, correcting, altering, reproducing, transmitting, displaying, publishing, transferring, selling, or distributing in any way by any user without the Company's prior express written consent.
Products
For the purposes of these Terms of Use, "Products" are the products sold on the Website from time to time.
The Company is not obligated, in any way, to maintain any particular range of Products on the Website, and it may, at its sole discretion and at any time, change, replace, and remove products from the range of Products available on the Website.
Right/Eligibility to Make Purchases on the Website
Any user who meets all the following cumulative conditions is eligible to purchase products on the Website:
The user is legally competent to perform binding legal actions, including declaring that they are 18 years of age or older. The user possesses a valid credit card legally issued by one of the active credit card companies in Israel or has obtained the voluntary consent of the credit card holder to use it. It is clarified that the responsibility for obtaining the consent of the credit card holder lies solely with the user.
The user has an email account on the internet.
The Company reserves the right to prevent access to purchasing products and/or to cancel purchases (in whole or in part) of users whose behavior is inappropriate, non-compliant with the Terms of Use, or who attempt to disrupt the proper management of the Website and/or the Company and/or for non-private purposes.
Furthermore, if the user makes a transaction without the consent of the credit card holder, and the transaction is disputed by the credit card company, the Company shall be entitled to reclaim and sue the user for performing the transaction without consent and to demand compensation for its damages.
The Company reserves the right to limit the quantity of products that the user may order on the Website.
Ordering Products on the Website and Registration on the Website
Products can be ordered on the Website as a guest, without registration. To place an order, you need to enter the requested details on the Website, as updated from time to time. Upon completion of the order, an email with the order details will be sent to the email address provided during the order process.
You can register on the Website through the "Login/Register" field on the Website. You can also create an account using an existing Facebook or Google account. To create an account on the Website without logging in through your Facebook or Google account, you need to enter the requested details and choose a password that will be used for future logins to your account. By logging in to the Website using Facebook, Google, or any other third party, the user confirms, declares, and undertakes that the Facebook or Google account, or any other third-party account used for logging in, belongs to the user and that they have full rights to provide the Company with the account information. A registered user on the Website can track their order status in their personal area on the Website.
After selecting a product and adding it to the "shopping cart," the user will place the order according to the instructions provided on the Website.
As part of placing the order, the user must provide the Company with their details and choose a payment method. Without providing the requested details, the user will not be able to complete the order.
When placing an order, the user must select one of the available payment methods on the Website, as updated from time to time by the Company. Without derogating from the provisions of any law and the Terms of Use, the Company will not be able to confirm the order without the approval of the credit card company. Additionally, the user can pay using Apple Pay, and Google Pay subject to the Terms of Use and Privacy Policy of Apple Pay, and Google Pay. If the user decides to place an order and pay using their Apple Pay or Google Pay account, they will need to enter their respective account details.
If it is found that the user's credit card is invalid and/or the credit card company does not honor the transaction, or if the Apple Pay, or Google Pay companies do not honor the charge, the order will be canceled.
In any case, an order that is not completed and paid for in full with a valid payment method within 10 minutes will be canceled and deleted.
The user must ensure that accurate and correct details are provided when placing the order to prevent errors and delays in processing the order.
After completing the order, the user will receive an order summary, including the order number and a transaction invoice, via email to the address provided during the order process.
If after placing the order the Company discovers that it is unable to supply one or more of the products purchased within the order, including because it is out of stock (even if it was displayed as in stock at the time of the order), the Company will not be obligated to supply the product to the user. In such a case, the Company will make an effort to contact the user to inform them that the product cannot be supplied and will offer a different color or size of the out-of-stock product, or another product from the inventory. If the user is not interested in alternative products and/or there is no alternative stock available, the Company will cancel the transaction and refund the user the portion of the transaction price paid within 14 days from the date of receiving the cancellation notice.
The Company reserves the right to update the prices of products and the range of products on the Website from time to time without prior notice, including the removal or addition of products and their sizes. The valid price for an order is the price on the Website at the time the order is placed. If prices are updated before the order is completed, the user will be charged according to the updated prices.
Cancellation Policy
A user who has placed an order may cancel the transaction in accordance with the provisions of the Consumer Protection Law, 1981 (hereinafter: "Consumer Protection Law"), the main points of which are outlined below.
Only a user who has made a purchase on the Website is entitled to cancel the purchase within 14 days from the date of receiving the products or within 14 days from the date of receiving the disclosure document (whichever is later) or to exchange them.
If the user is a person with a disability, a senior citizen, or a new immigrant (as defined in the Law), the user may cancel the transaction within 4 months from the date of receiving the products or from the date of receiving the disclosure document (whichever is later), provided that the communication in the transaction included a conversation between the Company and the user. The Company may require the user to present an appropriate certificate, all in accordance with the provisions of the Law.
If the user is entitled to cancel the transaction under the Consumer Protection Law, they may do so by providing a cancellation notice to the Company (hereinafter: "the Notice") in one of the following ways:
Email: ashestudio2@gmail.com
On the Website: Transaction Cancellation
In the Notice, the user must provide their full name, the order number they wish to cancel, the items requested for cancellation, and the payment method used for the purchase (credit card or Apple Pay or Google Pay).
In the Notice, the user must state whether they wish to return the product for a refund, a credit voucher for future purchases on the Website, or to exchange it for another item.
As mentioned above, the user must state in the Notice whether they want a refund to the payment method used for the order, a credit voucher for future purchases on the Website, or to exchange the items for others. The options available to the user are:
If the user requests to cancel the transaction and receive a refund to the original payment method:
If the user has received the products, they must return them at their own expense to the Company, via: courier directly to the Hakomemiyut 16 Bat Yam, subject to prior coordination with the Company’s customer service; It should be clarified that packages requiring collection from Israel Post will not be accepted by the Company.
The shipping fee via a Company courier is 40 ₪. The Company may update the shipping fees from time to time without prior notice.
If the user requests to return the products and receive a credit voucher for future purchases on the Website:
If the user has received the products, they must return them at their own expense to the Company, via: courier directly to the Company’s offices, subject to prior coordination with the Company’s customer service; by a Company courier. It should be clarified that packages requiring collection from Israel Post will not be accepted by the Company.
Of the cancellation is due to a defect or malfunction in the product and in accordance with the Law, the Company will collect the products at its own expense from the location where they were delivered to the user. The user will coordinate the collection time with the Company by contacting the Company.
Subject to the Company’s approval and receipt of the products by the Company, the Company will refund the user for the portion of the transaction price paid for the products and will cancel the charge.
The Company will refund the user within 14 days from the date of receiving the cancellation notice, for the portion of the transaction price paid by the user. The Company may charge the user a cancellation fee of 5% of the transaction price or 100 ₪, whichever is lower, provided the cancellation is not due to a defect or malfunction in the product and in accordance with the Consumer Protection Law.
Transaction cancellations and refunds will only be made to the credit card used for the order on the Website. Transaction cancellations and refunds for purchases made through an Apple Pay or Google Pay account will only be processed through the respective companies via the account used for the order. Additionally, if the credit card used for the transaction was stolen and/or canceled, the transaction may be canceled to another credit card (the user must provide the Company with the new credit card details) or through a credit voucher for future purchases on the Website, at the Company’s sole discretion.
The user's right to cancel a transaction does not detract from the Company’s right to claim damages in the event of a transaction cancellation and/or product return if the Company finds that the value has decreased, including as a result of deterioration or change in their condition while in the user's possession.
Order Cancellation by the Company
Company's Right to Cancel: The Company reserves the right to cancel the user's order at its sole and absolute discretion based on the circumstances.
Notification and Refund: The Company will notify the user of the order cancellation, refund the user the amount paid for the products, and cancel any charges incurred (if and to the extent they were made).
Warranty and Service
Liability Exclusion: The Company and its representatives shall not be liable for any damage of any kind, direct, indirect, consequential, or special, incurred by the user or any third party in connection with the use or order made through the website, regardless of the cause of action, including loss of income or prevention of profit caused for any reason.
Accuracy of Information: The Company makes efforts to ensure that the information displayed on the website is correct; however, inaccuracies or errors may appear. The Company shall not be held responsible for any such inaccuracies or errors.
Color Representation: Without detracting from the generality of the above, if a typographical error occurs in the description of the color and/or in the appearance of the color, or if there is a difference between the color of the product and how the color appears on the screen, this will not bind the Company. The colors on the website are for illustration purposes only, and there may be differences between the colors displayed on the website, some or all of them, and the actual colors of the products.
Product Images and Size Guide: Product images and the size guide on the website are for illustration purposes only and do not bind the Company. It is clarified that there may be differences between the sizes displayed on the website, some or all of them, and the actual sizes of the products, and the user hereby waives any claim and/or demand and/or lawsuit in this regard.
User Responsibility: The Company shall not bear any responsibility for any damage, loss, or expense of any kind, direct or indirect, caused to the user as a result of using the website, placing an order, purchasing products, using products, and all related and connected matters, including users who acted contrary to the manufacturer's washing and ironing instructions.
Limitation of Liability: In the event that, notwithstanding the above, a court determines that the Company has liability towards the user, the Company's liability in connection with these terms of use and by law, including but not limited to liability for loss, damages, remedies, costs, and expenses (including reasonable attorney's fees), shall be limited to direct damages caused solely by the Company and its representatives. The total cumulative liability of the Company and its representatives shall not exceed the amount actually paid by the user for the product for which the claim was made. Without derogating from the above, the Company shall not be liable for any indirect, consequential, special, or punitive damages.