Terms & Conditions (hereinafter: “Rules”) 01/01/2018 – Website of ICONIX Laboratories Ltd.
(hereinafter: “ICONIX” and/or “ICONIX Laboratories” and/or “the Company”)
ICONIX congratulates you for choosing to browse the Company’s website and hopes you find this site efficient, experiential and that it meets your demands.
ICONIX sets out these Rules on the Company website for your convenience, designed to provide you with complete, transparent and reliable information regarding browsing the Company’s website. You are requested to carefully review these Rules prior to using the site.
ICONIX would be pleased to answer any questions, clarification, comment or query regarding these Rules. You may contact the Company by sending an email to firstname.lastname@example.org and a response will be given promptly.
If the ICONIX website and/or these Rules are worded in the masculine and/or female gender, this is done merely for convenience reasons. The reference is directed and intended of course to both genders.
2. ICONIX recommends that you review these Rules in full to understand the terms that apply to browsing and purchasing products on the Company’s site.
3. ICONIX would be pleased to hear about your satisfaction with the Company’s products, as well as feedback relating to the site. This is to enable us to improve and provide you with the best service possible.
9. Prices on the ICONIX site include VAT, unless explicitly stated otherwise. Only upon the fulfillment of all of the following conditions, will the VAT amount be deducted from the price of the products purchased on the site: (a) The user is not a resident and/or citizen of Israel only. (b) The user purchases products from the ICONIX site and performs the purchase from a foreign IP address. (c) The user requests, during the purchasing process on the site, that the products purchased by him will be sent to his address abroad.
10. The ICONIX site converts and adjusts the prices of the products according to the IP address from which the user enters the site. For example, prices of products on the site will be displayed in NIS to those entering the site from an Israeli IP address (IL). For the sake of convenience, users have the choice to convert the displayed product prices to another currency (NIS, Pounds, Euros, Dollars). On the page displaying the product price after the conversion, the site calculates the approximate product price in the requested currency, rounded up or down, depending on the circumstances (for example: where the product price obtained after the conversion is $50.49 (or where the cents are lower), the price shall be displayed as rounded down to $50 or, alternatively, where the product price obtained after the conversion is $50.51 (or where the cents are higher), the price shall be displayed as rounded up to $51). However, prior to making payment, if the user has converted the product price to another currency, the product price shall appear on the site in the selected currency after conversion accurately and without any rounding.
11. The ICONIX site is an international site and the product prices are displayed according to the currency of the country from which the product is purchased. The product prices on the site and/or at any other store are updated from time to time, according to the published exchange rate. The price which the customer will be charged is the price that appears on the site and/or any other store at the time of adding the product to the cart. The user will have no claim and/or demand against the company for the purchased product being advertised at a lower price on another site and/or any other store, or on social networks such as Facebook, and he shall have no claim due to a change in the product prices advertised on the site and/or any other store, provided that the user will be charged the product price that is advertised at the time of being added to the cart.
12. When purchasing products on the ICONIX website, you may be asked to provide personal information, such as name, address, email and credit card details.
13. Providing these details will allow more efficient browsing and will facilitate your purchase of ICONIX products. It is important to note that providing false information is prohibited and constitutes a criminal offense.
14. After completing your purchase, ICONIX will review and bill the credit card, and upon approval of the transaction by the credit card company or PayPal, you will receive email notification confirming the purchase.
15. In order to supply you with the ICONIX products, we require approval of the transaction by the credit card company or PayPal.
16. Should the transaction not be approved by the credit card company or PayPal, ICONIX may contact you via telephone and/or email for you to provide details of a different credit card. Shipping dates listed on the site shall commence only upon approval of the transaction by the credit card company or PayPal.
17. You may provide your credit card details by phone or email rather than on the ICONIX website, in which case the Company shall review and bill the credit card through credit card companies. Upon approval of the transaction by the credit card company, the goods will be sent to you. The shipping dates listed on the site shall commence only upon approval of the transaction by the credit card company.
18. ICONIX will deliver the products which you purchased to the address indicated by you at the time of purchase.
19. ICONIX strives to provide you with the best and fastest delivery service, which may even take only 24 hours for delivery in Israel and about 3 business days for international shipping. For your convenience, the delivery times and methods are as follows: (a) via courier to your home in Israel – delivery 2-3 business days; (b) by registered mail to the post office nearest your home in Israel – delivery 3-7 business days; (c) pickup from the Company’s offices (upon prior coordination) Sundays – Wednesdays 09:00 – 15:00; (d) international shipping via an international courier service such as DHL / UPS / FedEx – delivery 3-7 business days; (e) international shipping via the international registered mail service EMS – delivery 7-21 business days. Delivery in Israel includes actual business days of the Company (Sundays to Wednesdays) and does not include Holiday eves and Holidays. The aforesaid is subject to the policies of the shipping companies which whom we work.
20. In areas having limited access from a security aspect, ICONIX may supply the products to a place near your address provided such place is acceptable to you.
21. Improving the service and purchasing experience is a top priority of ICONIX and, accordingly, you may be required to answer a questionnaire after the purchase. Answering the questionnaire is voluntary, however the Company would be pleased if you would complete the questionnaire in order for us to improve our service and the purchasing experience in the future.
22. It is important for ICONIX that you receive as much information to assist you prior to purchasing the products on the site in order to enable you to receive adequate reward for your money and to make an informed purchase on the site.
23. The good of the customer is a top priority of ICONIX and therefore it is important to clarify that as part of the Company’s concern for its customers, the Company recommends to use the products purchased through the site only after carefully reading the manual of each product, including the relevant warnings and components.
24. ICONIX recommends that you review the products components prior to their use to prevent the possibility of an allergic reaction to a purchased product. It is important to emphasize that the information displayed on the site and on the products is not medical information and does not replace medical consultation with a dermatologist or other health professional.
25. ICONIX recommends that you consult with a dermatologist or other health professional prior to using the products purchased through the site.
26. It is important to note that what is displayed on the ICONIX website does not constitute a recommendation to purchase a certain product. The customer shall be solely responsibility for his selection of a product and its suitability for his needs and health.
27. ICONIX attempts to display as accurately as possible the colors of the products. However, as part of the Company’s transparency policy, it is important to note that the colors seen by each person browsing the site depend on the type of screen used by the person browsing the Company site.
28. ICONIX takes all reasonable measures at its disposal to ensure that the content presented on the website is accurate and reliable.
29. However, it is important to emphasize that the content displayed on the ICONIX site is provided “AS IS” and the Company shall not bear any liability for the displayed content and/or errors and/or inaccuracies in the displayed content and/or direct or indirect damages that may be caused to you as a result of browsing the site.
30. ICONIX may delete and/or modify content displayed on the site, at its sole discretion, whether such content has been uploaded onto the site by the Company or by a user on the site, and it is agreed that you shall have no claim and/or demand in respect of such deletion and/or modification.
Links on the Website
31. ICONIX may display on the Company website contents of sites operated by third parties, or links to sites operated by third parties, including sites of business partners of the Company, including social networks such as Facebook.
32. As part of the services and transparency to customers, it is important for ICONIX to emphasize that it does not supervise the contents displayed on sites of third parties and the Company cannot check the accuracy of such content. Accordingly, the Company cannot assume any liability for errors or inaccuracies in the content of third parties. The Company recommends that its customers and users carefully read such content and compare it to the content appearing on this website.
33. ICONIX invites every person over the age of 13 to browse the Company website. Unfortunately, we cannot sell products to minors under the age of 18.
34. ICONIX does not collect personal information of minors. Providing false information by minors during registration to the website is a criminal offense.
35. It is the responsibility of the parents of minors to ensure that their children are not purchasing on the ICONIX website without the supervision and consent of an adult.
36. If we learn that ICONIX has received information of a minor, such information will be immediately deleted upon becoming aware thereof.
Use of Products
37. Purchase of the ICONIX products is intended for personal use only. You are prohibited from wholesaling these products and/or from marketing them without receiving the prior written approval of the Company.
38. ICONIX recommends that prior to using the Company’s products you fully review the product manual and their components in order to ensure that you are not sensitive to any of its components. In the event of doubt, you are to approach a dermatologist and/or other health professional.
39. It is important to store the ICONIX products at a temperature of up to 30 °C (room temperature) in a dry and shady place and in accordance with the accompanying instructions of each product. Storage which is not in accordance with the instructions may damage the product and place the customer at risk. The Company cannot bear liability if the product is used contrary to the provisions of these Rules and the liability shall be borne solely by the customer.
Copyright and Intellectual Property
40. Icons, any information and/or displays appearing on the website, including graphics, verbal presentations, texts, design, trademarks, logos, sound files, images, software used on the site, design of various site pages as a whole, colors used on the various site pages and fonts used on the various site pages, including the editing and display thereof, are the sole property of ICONIX and its business partners and are protected by law.
41. You are not to copy, reproduce, distribute, publish or otherwise use the content appearing on the ICONIX site, except with the prior written approval of the Company.
42. ICONIX reserves the right to take any legal action against anyone violating the property rights.
43. Various posts and contents, inter alia, in the beauty, medical and personal care sectors are uploaded to the ICONIX site. Any use made by the Company shall not deviate from Fair Use as defined in Section 19 of the Copyright Law, 5768-2007. The Company does not use the displayed content for any business, marketing and/or any other purpose, except displaying it on the site. All copyrights are reserved to the publishers and/or their representatives, according to law.
44. ICONIX reserves the right to share various content that is uploaded by a user to the site and/or sites, or to social networks such as Facebook, which are operated, or shall in the future be operated by the Company and/or its representatives, such as reviews, blogs, posts, testimonials, and any other written material or content, including images (hereinafter: “the Materials”). The user hereby expressly gives his consent to the Company to share the Materials and the user shall have no claim and/or demand against the Company for sharing the Material. A user who does not consent to the sharing of his Materials by the Company is required to explicitly note this in writing.
45. ICONIX may, at its sole discretion, use any idea and/or information provided by a user and/or customer and anything uploaded on the Company site and/or pages operated by the Company and/or anyone on its behalf on the social networks.
46. ICONIX respects the intellectual property of others. If you believe that any copyrighted material appears on the site, in a way that constitutes copyright infringement, kindly contact the person in charge of copyright infringement, Adv. Ilan Sharon, of Sharon Goldstein & Co. law firm, 38 Haamal St., Ra’anana 43659 Israel, P.O. Box 4224, or by mail to email@example.com and specify the following: (a) identity of the copyrighted work which is alleged to be infringed and confirmation that you are the lawful owner of proprietary rights in such work; (b) description of the infringement; (c) your personal details so we may contact you.
47. These Rules do not create any partnership, work relationship or agent-principal relationship between ICONIX and the user, and the user hereby waives any claim with respect thereto.
48. Should the court order the cancellation of any of the terms of the ICONIX Rules, the remaining terms of these Regulations shall continue to apply.
50. ICONIX aims at fair trade on the internet and protecting its clients, therefore, the Company reserves the right to refuse any sale, at its full discretion, including in cases where there is a reasonable concern that false information has been provided on the site and/or where there is a reasonable concern of carrying out illegal activities.
Exemption from Liability
52. ICONIX is committed to providing reliable and professional service to its customers, however, ICONIX shall not be liable for any direct and/or indirect damages caused to its customers due to use of the products purchased on the site, including in the following cases: (a) damages caused due to use contrary to the instructions of use on the products; (b) damages caused due to failure to consult with a dermatologist and/or other health professional; (c) damages caused due to use of the products against the instructions of a dermatologist and/or other health professional; (d) any damage caused to a customer due to his health condition and/or due to the customer’s sensitivity to one of the component of the product; (e) damages due to use of the product whose expiration date has lapsed; (f) damages caused due to failure to check the suitability of the product components and/or their label and/or purpose of their use.
53. The service on the site is provided AS IS. A user or any party acting on the website shall have no claim, action or demand against ICONIX due to the features of the service, its characteristics, limitations or suitability to his needs and demands.
54. ICONIX makes every effort in order to ensure the intactness of the site’s operation. Nevertheless, the Company does not undertake that the service on the site will not be interrupted and will operate without interruption for any reason whatsoever, including force majeure or failures, including failures in hardware, software, communication lines, etc.
55. ICONIX shall not be liable in any way for failures and/or disruptions in the global internet network and/or Bezek lines and/or international communication lines that allow dial-up access to the internet and prevent the sending of information by a user of the site and/or disruptions in delivery of information to the site and/or loss of information provided by a user of the site, including when clicking on links appearing on the Company site leading to sites of third parties, regardless of the causes of such malfunctions and/or disruptions. The aforesaid in this section shall apply also to failures that may be caused on third party sites.
56. Without derogating from the provisions of these Rules, ICONIX shall not bear any liability, directly and/or indirectly, in circumstances where a customer’s offer for the purchase of a product has not been accepted.
57. ICONIX shall not bear any liability for any illegal activity of a visitor of the site or for any illegal activity of any party which is not under its control.
58. ICONIX makes every effort to ensure the reliability and accuracy of information displayed on the website. However, the Company does not undertake that any information presented on the site, including the description of products, their characteristics, components, etc. will be free of errors and the user hereby fully releases the Company from any liability due to such errors and/or inaccuracies in the information displayed on the site.
59. ICONIX undertakes to correct any errors and/or inaccuracies in the information immediately upon discovering such error and/or inaccuracy.
Breach of the Rules
60. The user undertakes to compensate and indemnify ICONIX and any third party related thereto, for any breach of any of the terms of these rules, violation of the law or rights of third parties, as well as for damages, whether direct or indirect, known or unknown, that may be caused to the Company due to the breach of any of the terms of these Rules, including loss of income, attorney fees, etc.
Rules for Browsing the Site
61. As part of the ICONIX customer services to its customers, it is important to introduce a number of rules for browsing the site. These rules are important to ensure that the browsing and purchasing of products on the site will be uninterrupted.
62. A visitor of the ICONIX site shall not be permitted to do the following: (a) act to disrupt and/or close the Company’s site; (b) act to modify content on the site and/or trade and/or sell such content; (c) make commercial use of the Company’s site and/or its contents; (d) collect personal information of other visitors, including information regarding their method of payment, password to their account, etc.; (e) implanting viruses and/or any other harmful software intended to disrupt the normal operation of the Company’s site; (f) present the Company or its products or its services in a false, misleading or harmful manner; (g) presenting links to the Company’s site, without receiving the prior written approval of the Company; (h) upload information to the site about other users; (i) upload information to the site that is illegal, offensive, racist, threatening, pornographic, constitutes slander, invasion of privacy of others, false, inaccurate or misleading, constitute trade secret infringement or violation of proprietary rights.
63. Each visitor to the ICONIX site hereby expressly agrees and declares that any dispute related to and/or arising from browsing the Company’s site, shall be settled according to the laws of the State of Israel only and the competent court of the central district of Israel shall have exclusive jurisdiction to resolve any dispute related to the site and/or browsing the site.
Cancellation of Purchase
64. ICONIX appreciates every user who makes a purchase on the site. However, there are a number of cases in which the Company will have to refuse a purchase on the site or to cancel an order: (a) the user has violated provisions of the law; (b) the user has violated any of the terms of these Rules; (c) the user has deliberately provided false information during his registration to the site or via phone or through email; (d) the user has committed an action or omission which harms the Company or anyone on its behalf, or the normal operation of the site, or the Company’s suppliers or third parties; (e) the user intends on selling the product purchased to third parties; (f) in cases where there has been an exceptional and clear error regarding the product’s price or description; (g) in cases where any communication failure or other technical problem has prevented the completion of the purchase; (h) in cases where a force majeure, war, hostility or terrorism prevents the purchase or its execution; (i) in cases where the Company discovers that the purchase of the products has been accompanied by illegal activities of the purchaser; (j) any other case in which the transaction may be cancelled under law.
65. In the cases detailed in Section 64, ICONIX shall send email notification to the purchaser and shall refund the money paid, if paid.
66. In cases where ICONIX cancels your order as specified in Section 64, you shall have no claim, action or claim of any kind whatsoever due to cancellation of the transaction.