Terms and Conditions
JERUSALEM FINE ART PRINTS LTD Reg. No. 513911669 (the “Company”) welcomes you and thanks you for choosing to browse our website at: www.jfap.co.il (the “Website” or the “Site”).
JERUSALEM FINE ART PRINTS specializing in photography and art scanning, advanced image processing and the preparation of prints in limited series, the production of artistic objects and art-based products using the most advanced technology in the world, international standards and museum quality (the “Products” and / or the “Digital Products”). The Site also provides an online platform that allows the artist and/or someone on his behalf to upload digital files to a private or public artist page (the “Archives” and the “Services”).
The Site also provides information about the Products, the Site Services and etc.
1. AGREEMENT TO TERMS:
1.1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and the Site or the Company (“we”, “us” or “our”), concerning your access to and use of the Site as well as any other media form, media channel, mobile website or website related, linked, or otherwise connected thereto. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions (“Terms and Conditions”).
1.2. In the event of inconsistency between any terms of this contract and any translation into another language, the Hebrew version will control and prevail on any question of interpretation or otherwise.
1.3. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change.
1.4. The Site is intended for users and for purchasers who are at least 18 years of age.
1.5. It will be clarified that as part of the Services provided by the Site, there is the possibility of publishing the Digital Products so that they become “public”. When you agree to make the Digital Products “public”, you bear all the responsibility for publishing the Digital Products, and you confirm that you bear all the rights to publish the Digital Products. The site will not bear any direct or indirect damages for making the Digital Products public, and you are aware that you bear all the resulting responsibilities.
1.6. It will already be clarified that the Site is not responsible for the original creation and does not make insurance to the original creation. The customer bears all responsibility for the digitization process and the Services carried out by the Site.
1.7. You confirm that you are aware that there are risks, including damage to the original creation. When ordering a Product or Services, you confirm that you have no complaints regarding any direct or indirect damage to the original creation.
1.8. You declare that you are aware that you can make insurance to the original creation by yourself and that the said process will be done with relevant insurance companies (the Site or the Company is not involved in these procedures, but only provides digitization Services, in which as mentioned, there is a risk that the customer is aware of and responsible for).
2. INTELLECTUAL PROPERTY RIGHTS:
2.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, application, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.
2.2. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2.3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.
2.4. You acknowledge and agree that you will be held solely responsible for information and content that you share and/or upload and/or submit on the Site including, questions, comments, suggestions, ideas, feedback, photos, video or any other information. The Site will have a free, worldwide and unlimited irrevocable license to duplicate, copy, distribute, market, edit, translate and publish the aforesaid content in whichever way the Site chooses.
2.5. Some of the Products are made to order by request of the costumer, therefore, the costumer undertakes not to transfer to the site any materials and / or content and / or files (including images, videos, etc.) that are copyrighted and / or any intellectual property right of any kind by any third party, without the lawful permission to use it. The content and information that will be used, will be on the sole responsibility of the costumer. The site will not be held responsible for the content submitted by the costumer and / or anyone on his behalf, including content that infringes copyright, offensive content and / or content that is prohibited by law. The costumer will compensate the site for any claim and / or lawsuit filed against it for infringing such intellectual property rights.
2.6. The site will be allowed to use and / or publish Products that produce as part of the provision of the services, for the purpose of promoting its work on any digital platform, subject to the customer’s approval.
3. USER REPRESENTATIONS:
3.1. By using the Site, you represent and warrant that: (1) Each and every use of the Site is for your own risk and responsibility; (2) all registration information you submit will be true, accurate, current, and complete; (3) you will maintain the accuracy of such information and promptly update such registration information as necessary; (4) you have the legal capacity and you agree to comply with these Terms and Conditions; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
3.2. We have the right to refuse any and all current or future use of the Site. Without Limiting the generality of the Foregoing, if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to block your access and refuse any and all current or future use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES:
4.1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
4.2. As a user of the Site, you agree not to:
4.2.1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
4.2.2. make any unauthorized use of the Site, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email by automated means or under false pretenses;
4.2.3. steal and/or copy and/or make any use of the designs and/or ideas of products on the website;
4.2.4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
4.2.5. trick, defraud, or mislead us and other users;
4.2.6. make improper use of our support services or submit false reports of abuse or misconduct;
4.2.7. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
4.2.8. attempt to impersonate another person;
4.2.9. use any information obtained from the Site in order to harass, abuse, or harm another person;
4.2.10. use the Site as part of any effort to compete with us;
4.2.11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
4.2.12. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
4.2.13. delete the copyright or other proprietary rights notice from any Content;
4.2.14. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
4.2.15. upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including use of spamming, that interferes the enjoyment of the Site;
4.2.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
4.2.17. use the Site in a manner inconsistent with any applicable laws or regulations.
4.3. Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
5. THIRD-PARTY CONTENT:
5.1. The Site may contain (or you may be sent via the Site) links to other Sites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Sites or any Third-Party Content does not imply approval or endorsement thereof by us.
5.2. Any purchases you make through Third-Party Sites will be through other sites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
6. SITE MANAGEMENT:
6.1. We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
7. TERM AND TERMINATION:
7.1. These Terms and Conditions shall remain in full force and effect while you use the Site. without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. we may terminate your use or participation in the Site and any content or information that you posted at any time, without warning, in our sole discretion.
8. MODIFICATIONS AND INTERRUPTIONS:
8.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
8.2. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
8.3. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
9. FEES AND PAYMENTS:
9.1. We provide secure payment options via our website. You may checkout using a credit card, or you can choose to use our financing option.
9.2. The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price of the products.
9.3. Prices, availability of Products, and other purchase terms are subject to change.
9.4. All International taxes and additional fees associated with the products, which are not Israeli taxes, will apply to the customer and the customer will have no complaint on the matter.
9.5. You are responsible for providing true, accurate, current, and complete information when ordering Products through the Site or otherwise. Payment must be received prior to acceptance of an order. The Site may need to verify information you provide before accepting your order, and may cancel or limit your order any time after it has been placed.
9.6. If payment has already been made and your order is cancelled or limited, The Site will refund any payment made for the service that will not be delivered due to cancellation or limitation of an order. Refunds will be credited to the original form of payment.
9.7. The Site reserves the right to discontinue or change specifications and prices of Products offered on and outside of the Site without prior notice and without incurring any obligation to you.
9.8. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Products you have purchased, you agree that we may, as we see fit, suspend or terminate delivery of service and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
9.9. Purchase of Products through the Site may be subject to additional terms and conditions presented to you at the time of purchase.
10. DIGITAL PRODUCTS SUPLLY:
10.1. Orders for customized Digital Products made on the Site will be handled and delivered subject to the delivery time detailed on the website and up to 21 business days from the date of transfer of all materials required for the design of the digital product. The product will be provided to the customer via the email address entered by the customer when placing the order on the website.
10.2. Digital Products that are not customized can be downloaded from the Site, and will be provided to the customer as soon as possible after the completion of the purchase.
10.3. The provision of the service will be possible subject to the sole discretion of the site and the site will not be responsible for any delay in the provision of the service and / or non-provision of the service, as a result of force majeure and / or technical faults and / or incidents beyond its control.
10.4. The site may refuse to publish any content at its sole discretion and without the need for prior notice or approval from the user.
10.5. It will be clarified that as part of the Services provided by the Site, there is the possibility of publishing the Digital Products so that they become “public”. When you agree to make the Digital Products “public”, you bear all the responsibility for publishing the Digital Products, and you confirm that you bear all the rights to publish the Digital Products. The site will not bear any direct or indirect damages for making the Digital Products public, and you are aware that you bear all the resulting responsibilities.
10.6. It will already be clarified that the Site is not responsible for the original creation and does not make insurance to the original creation. The customer bears all responsibility for the digitization process and the Services carried out by the Site.
10.7. You confirm that you are aware that there are risks, including damage to the original creation. When ordering a Product or Services, you confirm that you have no complaints regarding any direct or indirect damage to the original creation.
10.8. You declare that you are aware that you can make insurance to the original creation by yourself and that the said process will be done with relevant insurance companies (the Site or the Company is not involved in these procedures, but only provides digitization Services, in which as mentioned, there is a risk that the customer is aware of and responsible for).
11. SHIPPING POLICY:
11.1. Orders placed on the Site will ship to the address provided by the customer and/or to any other location agreed upon by the parties while placing the order.
11.2. International shipping of Products will be supplied and delivered within 21 business days by courier.
11.3. Orders placed within the state of Israel will be shipped and delivered within 21 business days by courier.
11.4. The shipping cost may be updated from time to time in accordance with what was stated when placing the order on the Site.
11.5. “Business day”- any day except for any Friday, any Saturday and any day which is an Israeli holiday or any day on which the Israeli banking institutions are authorized or required by law or other governmental action to close.
11.6. For shipments intended for settlements far from the main cities, the shipping times may be extended beyond the timeframes above.
11.7. There is no minimum order requirement. The site may update the minimum order requirement on the site from time to time.
11.8. In the event that Product ordered on the Site is out of stock at the time the order is placed, the Site will contact the customer. If the customer cannot be reached, the Site will ship the order without the Product which is out of stock.
11.9. In the event that the customer is not present at the time that the order arrives or an order not collected, the order will be returned to the site and reshipped once an additional shipping fee has been paid by the customer.
11.10. The order will be shipped according to the following terms:
11.10.1. there is reasonable access to the location which the order is being shipped;
11.10.2. the site’s shipping provider distribute in the area;
11.10.3. if the order is being shipped to an organization, institution, kibbutz or settlement that cannot be reached without special authorization and/or does not have marked streets and/or marked house numbers, the order will be delivered to the distribution point of that same location.
11.11. The Site will not be held responsible for any delay and/or problem with the shipment of orders caused by the following terms:
11.11.1. force majeure and/or events that are out of the Site’s control;
11.11.2. for reasons related to the shipping provider;
11.11.3. an economy closes, so that the Site’s operations and/or the Site’s suppliers and/or service providers are impaired for whatever reason.
12. RETURN, EXCHANGE AND CANCELLATION POLICIES:
12.1. Request for refund, exchange or cancellation of an order will be submitted to the Site by the customer in one of the ways stated at the bottom of this Terms and Conditions.
12.2. Customers are eligible for refunds, exchanges or cancellations of orders within 14 days of receipt of order.
12.3. It will be clarified, that the customer must present confirmation of sending the product back within 14 days of receiving the product.
12.4. Refunds will be credited to the original form of payment.
12.5. Due to the nature of some of the Products and the Digital Products (Custom made Products and/or Copyable and duplicate Products) changing and / or canceling of such order will not be possible and the buyer will not be entitled to any refund, according to the Israeli Consumer Protection Law, 1981.
12.6. Custom made Products will not be refunded, exchanged or returned, according to the Israeli Consumer Protection Regulation, 1981.
12.7. In the event that a refund, exchange or cancellation is requested by the customer after the 14-day period, the request of a refund, exchange or cancellation will be subject to the Site’s sole judgement.
12.8. Refunds, exchanges or cancellations will be approved only after the Products will be accepted by the site and after the customer receives a written message of approval from the Site.
12.9. In the event that a refund, exchange or cancellation is approved by the Site for reasons not including product defects:
12.9.1. The customer must return the Product in its original packaging;
12.9.2. The customer must return the Product unused, in the condition in which it was received;
12.9.3. The Product will be returned with the original receipt or proof of purchase;
12.9.4. the expense of return will be paid for by the customer;
12.9.5. A return fee of 100 NIS or 5% of the price of the Product will be charged (to be determined by the cheaper option).
12.10. In the event that a refund, exchange or cancellation is approved by the Site due to a defect, the Site will hold sole responsibility for collecting or exchanging the Product, Subject to full cooperation from the customer who must indicate that it is a returned product in order to avoid paying taxes and levies that will be imposed on the customer, and cooperate in accordance with the site instructions.
12.11. The Site will examine all defective Product. In the event that the Site finds the Product to be valid and/or finds that the defect has been caused by the customer, refunds will not be approved and the Product will be shipped back to the customer after an additional shipping fee has been paid by the customer.
12.12. The aforesaid in section 14 above is subject to the Israeli Consumer Protection Law, 1981.
13. GOVERNING LAW:
13.1. These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict of law principles.
13.2. Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted to the courts in Jerusalem district in the State of Israel, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience.
14. CORRECTIONS:
14.1. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
15. DISCLAIMER:
15.1. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.
15.2. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
15.3. THE IMAGES OF THE PRODUCTS ON THE SITE ARE DISPLAYED FOR ILLUSTRATION PURPOSES ONLY. THERE MAY BE DIFFERENCES IN APPEARANCE, IN COLOR, IN SIZE, ETC. BETWEEN THE PRODUCT AS SHOWN ON THE SITE AND THE PRODUCT THAT WILL BE PROVIDE TO CUSTOMER. SCRIBAL ERRORS IN PRODUCT DESCRIPTION AND/OR PRICE WILL NOT CHARGE THE SITE.
15.4. The information appearing on the Site should be not construed as a promise of any result and/or responsibility for the activity of the products sold on it. The Site will not be responsible for any damage, direct or indirect, which will be caused to the user as a result of relying on information appearing on the Site and/or links to other sites and/or any other source of internal and/or external information and/or use of products displayed by Site.
15.5. Some products appearing on the Site are manufactured by third parties. The users of the Site confirm and declare that they are aware of this and that they will be responsible for contacting and demanding compensation from the manufacturer for any damage, direct or indirect, that will be caused to them as a result of using the products.
15.6. Information and presentations displayed on the Site, originating from the Site’s business partners and/or third parties whose products and or services appear on the Site and any content in relation to the products and or services are the sole responsibility of the business partners and/or third parties. Therefore, it is understood that the Site has no responsibility for such information and the Site does not guarantee the accuracy of this information.
15.7. The Site recommends that users should behave as intelligent and careful customers, and read carefully the information displayed on the Site, including the information in relation to the product itself, its description and suitability, as described on the Site.
16. MISCELLANEOUS:
16.1. These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.
16.2. If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
17. CONTACT US:
17.1. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by:
Address: HaTa’asiya St 2, Jerusalem, Israel;
Phone: +972-02-6724405;
or email: office@jfap.co.il
Last updated: May 2023
