1.1. These terms apply to the use of the website and its content via any computer or other communication device (such as a mobile phone, PDAs, tablets, etc.). These conditions also apply to the use of the website, either through the Internet or through any network or other communication media.
1.4. Wherever the word "User" appears within this policy, the meaning is a "Registered User", "Unregistered User", "A Browsing User", etc. (unless otherwise stated).
1.5. The web site as a whole, including all information contained therein, the underlying software and any information and material that can be accessed through the website, are submitted and available to you as is.
1.6. The term "information" and/or "content", including information of any kind, including but not limited to: Any verbal, visual, audio, audio-visual, or any combination thereof, as well as their design, processing, editing, distributing and presentation, including but not limited to any picture, photograph, illustration, animation, chart, character, simulation, sample, video, audio and music files; Any software, file, computer code, application, format, protocol, database and interface, and any text character, symbol and icon. All of these will be referred to as "content".
1.7. For any questions concerning the use of the website, you can contact the Operator's representative by email at Sales@BerlinBuy.com, and the Operator will do everything in its power to take care of requests as soon as possible.
1.8. The use of the website is limited to a user who is an Israeli resident aged 18 or above, and/or to minors under adult supervision and approval.
2. The Website's Purpose
2.1. The website is designed to reduce the mediation between consumers and marketers, and is the latest technological advancement is the e-commerce field (drop-shipping). The purpose of the website is to allow consumers to enjoy the prices of European products as they are sold in the origin country. The website features a smart forwarding system that provides a fast and efficient service to its customers.
For this purpose, the website provides mediation services between the purchaser and the target store in order to purchase a product or service. The website provides forwarding and clearing services for commission.
3. Website Registration Process
3.1. The registration process may require the user to give the following information;
3.1.1. The user's credit-card information.
3.1.2. The user's Identity Card (ID).
3.1.3. The user's first and last name.
3.1.4. The user's email address.
3.1.5. The user's home address.
3.1.6. The user's phone number.
3.2. By law, you are not obligated to provide the information listed above, but without providing full and accurate information, you cannot use the website's services.
3.3. You acknowledge that submitting false information is a criminal offense by law.
3.4. If and when the Operator finds that the order or registration information which you have provided is incorrect or inaccurate, the Operator reserves the right to take legal action against the user for any damages caused to the Operator, its representatives, service providers or any third party due to the submission of false information.
4.1. The operator will be responsible for exercising warranty on behalf of the client according to the German law.
However warranty for the products and services sold through the website is provided by the service provider or the product's manufacturer.
4.2. In any case, the Operator will not be liable for any warranty in respect of goods and services purchased through the website. The Operator is not responsible for the products, goods or services purchased through the website or any other transaction that would be carried out through it.
4.3. The Operator is not responsible for the actions or oversight of the product's manufacturers and/or service providers. The Operator shall not be under any legal responsibility for any injury and/or damage cause to a user on the website, including but not limited to damage resulting from data loss, software loss, alternative service's delivery costs and service disruption. Even if the Operator and/or its representatives knew and/or been reported to about the possibility of such damage, caused to you or anyone else but you.
4.4. The use of the website constitutes your agreement to exempt the Operator from any liability, meaning an exemption from any liability for damage and/or direct and/or indirect harm to the user and/or any third party.
4.5. This policy does not create and does not intend to create working relations, customer-supplier relations, partnership relations, joint venture relations, franchise relations and agency relations.
4.6. Subject to reservations of any law provisions that instruct otherwise, the Operator does not express any position and is not responsible, explicitly or impliedly, for:
4.6.1. Quality of the products sold on the website. However, the Operator will do its best to ensure that suppliers and service providers provide quality products and services;
4.6.2. Content, information and material contained in the website, including any products and services offered for sale by various service providers;
4.6.3. Content, material, information and operations which can be accessed by accessing the website;
4.6.4. Each product, software or service that have been accessed using a hyperlink from the website.
4.6.5. Any damage that was caused or may be caused by transmitting confidential or sensitive information via the website;
4.6.6. Any damage that was cause or may be caused by a defect or a malfunction with the software that operates the website or that allows access to the website.
5. Services And Products Sold On The Website
5.1. Details and information that is displayed for each product or service on the website are presented as these details are presented to operators of various service providers and suppliers.
5.2. Pictures of the products and services sold on the website are for illustration purposes only. There may be differences and alterations between the products' pictures and the products which are actually supplied.
5.3. Any complaint regarding the quality and reliability of the information presented in the product or service specification will be directed to the product and service providers themselves.
5.4. For good measure, the operator recommends the website users to carry out an adequate examination of the goods and of the services provider itself, as well as the market price of the product or service that the user wishes to purchase.
6. Website Online Orders
6.1. It is possible to place orders and purchase products and services offered by the operator, in accordance with the available payment channels of the operator. Payment for a service or product will be carried out before receiving that service or product.
6.2. In case of a payment rejection, the operator will suspend the user's account until the issue is resolved and the payment is made in full.
6.3. Invoices will be sent to the user via an email message to the email address provided by the user at the time of registration.
6.4. Selling products and services on the website is subject to availability. If a product or service is no longer available, the operator's representatives will contact the user in order to select a replacement product or to get a payment refund.
7. Product Supply
7.1. BerlinBuy will be working to supply the product or service purchased through the website to a user who owns a mailing address in Israel, within 21 business days of making the purchase. You agree that you will not have complaints against Berlin Buy regarding delays beyond its control.
7.2. Shipping charges will be paid separately by the customer as part of the product's payment.
7.3. The Operator is not responsible for any delays in providing a service or product purchased through the website as a result of factors which are beyond its control.
7.5 BerlinBuy will indemnify customers who purchased shipping method with tracking and insurance packages which do not reach their destination and only after exhaustion of all bureaucratic procedures (refund up to 90 days from shipping day).
8. Cancellations And Returns
8.1. A user who wishes to cancel a purchase that was made through the website will act in accordance with the provisions of the Consumer Protection Law – 1981, and the Consumer Protection Regulations (Order Cancellation) – 2010. In any event, a user may cancel the transaction within 14 days of making the transaction, while facing cancellation fees at a rate of 5% of the goods' or service's price.
8.2. Returns will be allowed within 14 days of receiving the product, in its original packaging, unopened and unused whatsoever.
8.3. The operator reserves the right to cancel, at its sole discretion, an offer, transaction or a purchase of a product in any of the following cases:
8.3.1. When the product or service is out of stock. In this situation, the operator will be allowed to offer an alternative product, or a refund, if the user wishes so.
8.3.2. When the operator suspects that an illegal activity took place / is being carried out on the website.
8.3.3. When the operator believes that a technical fault prevented / prevents a reasonable use of the website.
8.3.4. When the operator believes that a Force Majeure has occurred, war, terror acts or hostilities that prevents a reasonable continued use of the website.
8.3.5. When the operator believes that an error has occurred in one of the data items of the product specifications, the content of the website, or in any matter related to products and services advertising on the website.
8.3.7. When the credit card company does not approve one the user's details.
9. Website Usage
9.1. The website is for personal and exclusive use only per user, and its usage is not re-assignable, borrowable or transferable in any way.
9.2. It is prohibited to run or permit the running of any computer application or any other tool, including applications such as Crawlers, Robots and the like, in order to search, scan, copy or automatically retrieve content from the website. It is prohibited to create or use such tools in order to create any compilation, collection or database containing content from the website.
9.3. It is prohibited to display content from the website in any way, including by any software, device, accessory or communication protocol – which alter the website's design or omit any of the website's content, and in particular, any advertisements and commercial content.
9.4. It is strictly prohibited for a user to make changes or to copy, distribute, broadcast, display, perform, duplicate, publish, issue a license, create derivative works or sell an item of the information, software, products or services originated from the website.
9.5. Transmissions and data sent to and from the website are not confidential. The burden of maintaining confidentiality of data, documents or messages transmitted to and from the website is placed on the user.
9.6. You agree that by transmitting data to and from the website, no relationship has been formed between you and the Operator exceeding those specified in this policy.
9.7. The data records, as they appear on the Operator's computers or its representative's computers, shall be the deciding date in all matters related to use of the website, including conflicts, disputes, whether in court or outside it, and in any case which relies on data regarding website usage.
10. External Links
10.1.The website contains pointers and hyperlinks to sources of information or other resources found on other websites across the Internet (henceforth: "Other Sources"), and from these other sources to the website itself.
10.2.Unless specifically states otherwise by the Operator, hyperlinks to and from the website cannot be considered as an expression of support or sponsorship, explicit or implicit, by the operator, toward these other sources.
10.3.The operator does not guarantee that all hyperlinks found on the website will work properly and will lead to an active website. The very existence of a particular link on the website does not indicate that the content of the linked website is reliable, complete or up-to-date, and the operator will not bear any liability in this regard.
10.4.The operator is not responsible for the content, data or visual elements found on the linked website, and is not responsible for any consequence resulting from using or relying on them.
10.5.Without detracting from previous statements, the Operator is not responsible for any direct or indirect damage caused to you or your property resulting from the use of or reliance on the information contained on the websites you reach by using the links found on the website. The operator is not responsible for any direct or indirect damage caused by the use of or reliance on information and content posted on the website by third parties.
11. Abuse And Misuse of The Website
11.1.The operator strives to maintain a suitable and safe level of operation of the website and the services provided through it. Please report any problems and/or offensive content and/or breach of policy.
11.2.The operator strives to make sure that the services offered on the website do not infringe copyrights, trademarks or any other rights of third parties. If you are concerned that your rights have been violated, please contact us by email at Sales@BerlinBuy.com as soon as possible and we will examine your complaint as soon as possible.
11.3.1. A user who provided the operator with false personal information.
11.3.2. A user who has performed an action/oversight which the operator believes may harm the operator or any third party.
11.4.The Operator shall not be responsible for any action that caused a malfunction of the website, including but not limited to, cases where illegal actions were made or acts of abuse on the website, except if the action was made by the operator itself, not in good faith and with malice.
12. Continuity, Availability And Reliability of Service
12.1.The Operator does its best to ensure the reliability and accuracy of the information contained on the website, but cannot guarantee the reliability and accuracy of such information. The operator should be notified about any inaccuracies contained in the website's information, so that the operator can correct the information.
12.2.The Operator reserves the exclusive right to make any chances to the website at any time and for any reason, without prior notice and without any liability on its part.
12.3.The Operator may shut down the website and alter its structure, appearance and the availability of services and content provided therein from time to time, and without any prior notice.
12.4.The Operator does not guarantee that the service provided on the website will be uninterrupted, be provided continuously without interruptions and/or be immune to illegal access to the operator's computers, damages, malfunctions, hardware and software failures, or failure with communication lines used by the operator or any of its suppliers, or any harm caused by any means. The operator shall not be liable for any damages – direct or indirect – grief, etc. which may affect you or your property as a result.
13. International Use of The Website
13.1.In light of the global nature of the Internet, you agree that any action carried out with the website, is done in accordance with the Law where you are located.
15.2.The Operator makes reasonable efforts under the circumstances to protect the user's information and privacy. However, due to the nature of the web, there is no way to guarantee full protection of such information.
15.3.The information you provide during registration to the website will be stored in the database of the website. By law, you are not obligated to provide the information, but without providing it, you cannot use the website's services.
15.4.We consider maintaining user privacy as a top value. The operator will not rent, not sell nor transfer the user's personal information to their parties for marketing purposes without your express consent.
15.5.The operator may transfer your information, as necessary, in order to complete a purchase.
15.6.With your registration into the website's database and with your agreement to receive advertising content, the Operator will be allowed to occasionally send you information via email or regular mail about its services, as well as marketing and advertising information, whether it is information that the operator will advertise or information that was given to the operator by other advertisers. This information will be sent to your mailbox and/or email that you use. If you do not want to receive such commercial information, you can, at any time, withdraw your agreement and stop receiving commercial information by contacting the website at Sales@BerlinBuy.com.
15.7.Given the nature of the Internet, the Operator cannot guarantee that user information will not be exposed to their parties who obtain such information illegally and without the operator's approval.
15.8.The user shall not have any complaint in a matter regarding information that reached such third parties, and the user will have no right of legal action, claim or demand against the operator in a case which stems from such information. The website user exempts the Operator from any liability for any injury and/or damage, direct or indirect, monetary or otherwise, caused to the user as a result of such information leak, regardless of the cause for the leak.
15.9.The Operator will transfer the user's details in the following cases:
15.9.1. In order to complete a purchase of a product or service.
15.9.2. When the operator believes that a user on the website has performed / is performing an action which could harm the operator, its representatives or to third parties.
15.9.5. For the sake of compliance with a court order, during a dispute or a legal proceeding that the operation is a party to.
16.1.All pages found on the website are the property of the Operator. It is prohibited to copy or publish any part of the pages without the operator's specific approval.
16.3.All copyrights of the website, including its design, software, implementation, computer code and all other included material, are owned solely by the operator and/or the operator's content providers and/or the operator's business partners.
16.4.It is prohibited to copy, distribute, publicly display, translate or hand over to a third party any protected material without prior approval in writing from the operator.
17.1.The operator's name, the website's domain name and the registered and unregistered trademarks of the operator are the exclusive property of the operator. All other trademarks found on the website are proprietary trademarks of their respective owners. It is prohibited to take any action which may damage any proprietary rights of the trademarks.
18.1.Responsibility for the content of the advertisements posted on the website, including information details and rights, rests with the advertisers alone. No responsibility rests with the operator regarding the content or reliability of advertisements posted on the website. It should be emphasized that the publication of commercial information in itself does not constitute any encouragement or recommendation to purchase the services or products offered for sale on the website. The operator does not check the content, validity and viability of advertisements posted on the website.
19. Termination of Use
19.1.The operator may, at its discretion, stop providing the services detailed in this policy immediately, unilaterally and without any prior notice, without any remedies to be taken against it.
19.3.The operator may, at its discretion, block a user from accessing the website, block an IP address from accessing the website, remove users from the website's forums, prevent a user from posting talkbacks on the website and prevent a user from using any service provided through the website.
20.1.This Agreement shall be governed by the laws of the State of Israel. Exclusive jurisdiction for any dispute arising from this Agreement shall be subject to the Tel Aviv Courthouse.
20.2.This contract will be subject to the provisions of the Contracts Law (Remedies for Breach of Contract) – 1970. Without detracting from the generality or from the remedies given under the law's provisions.
21.1.The operator is careful to comply with the law's provisions and respects the rights of website users and their parties to privacy and good reputation. If you believe that your rights have been violated, please contact us as soon as possible at Sales@BerlinBuy.com and we will try to take care of your request swiftly.