Terms of Use of the Mimi Luzon Website
Welcome to the website and online store of Mimi Luzon Cosmetic Center Ltd. (hereinafter, “the Website” and “the Company” or “the Mimi Luzon Website,” respectively).
Please read the Terms of Use carefully before using the Website to purchase products or services or for any other purpose. These Terms of Use constitute a legally binding agreement made between you and the Company.
The Terms of Use, presented in detail below, define your rights and obligations when you access the Website and use it for shopping, the warranties on the products offered on the Website (if any), delivery times, fair pricing policy, the conditions on which you may cancel an order, and other essential information.
To continue shopping, please mark the appropriate box to indicate that you have read and agreed to the Terms of Use and Purchase. If you do not agree with these terms, you will not be able to complete your online purchase on the Website.
1. General
1.1. The Website includes a link for scheduling appointments at the Company’s Clinic and a virtual store for the purchase of cosmetics from the Mimi Luzon beauty range and other cosmetics sold by the Company, designated for Mimi Luzon customers.
1.2. The Website is administered and operated by Mimi Luzon Cosmetic Center Ltd. of 68 Denmark Street, Petah Tikva. You may contact Customer Services for any question related to the Website at Tel. 03-9215085 or Fax. 03-9215085 or by email to beauty@mimi-luzon.com between Sunday and Thursday between 08:00 and 18:00 and on Friday between 08:00 and 14:30.
1.3. Use of the Website is permitted to anyone who legally holds a valid credit card or PayPal account or other electronic wallet services that are available on the Website from time to time, at the Company’s sole discretion.
1.4. Without derogating from the above, the Company reserves its right to revoke your right to perform transactions on the Website in any of the following events: (a) If you used the Website services to perform an illegal act according to the laws of the State of Israel or in order to enable, facilitate, assist, or encourage the performance of such act; (b) If you violated these Terms of Use or the terms of any other online service that the Company offers; (c) If you owe money to the Company or to its related companies and you have not paid your debt although the designated date of payment has elapsed; or (d) If your credit card has been blocked or restricted in any manner.
1.5. The Company’s computerized records constitute prima facie evidence of any action performed through the Website.
1.6. The Company reserves its right to make changes or modifications to these Terms of Use from time to time without advance notice. The updated Terms of Use will be posted on the Website and will come into effect upon publication.
1.7. The Company may, from time to time, make changes or modifications to the structure of the Website, including to its services, appearance, the scope and availability of services offered on it, and all aspects related to the services, and is under no obligation to notify you in advance. Such modifications will be made taking into consideration the dynamic nature of the Internet and its technological and other developments, among other things.
1.8. The Company may, at its sole discretion and for any reason and at any time, terminate its offer of services through the Website, either in entirety or in part.
2. Purchase of products on the Website Orders
2.1. Select products that you wish to purchase by adding them to the shopping basket.
2.2. Products in your shopping cart are saved for 60 minutes. After 60 minutes of inactivity, your shopping cart will be emptied.
2.3. After you select products, you will be prompted to enter your details, the shipping address, recipient of the order, and all other details that will help the shipper locate the shipping address you entered. All fields marked with an asterisk are required.
2.4. You will then be prompted to confirm the details of your order and the information you entered. Please check your order carefully to prevent potential shipping errors.
2.5. You may modify your order at this stage. After confirming your order, your order becomes binding, and any change you make to your order is subject to the conditions of cancellation set forth below
2.6. Next, your credit card or Paypal will check and confirm your payment information and charge the amount of the order to your card or account.
2.7. After payment, the Company will check that the products you ordered are in stock. The Company cannot guarantee that all the products whose images appear on the Website will be in stock. The Company may, at its sole discretion and at any time, make changes to the products offered on the Website, and the fact that a product was offered on the Website in the past does not guarantee that it will offered on the Website in the future.
2.8. Your Order is subject to the availability in stock of the products in your Order on the order date and/or the requested delivery date. If a product that you ordered is not in stock, a Company representative will notify you by telephone or email and may offer you an alternative product. If you accept the Company’s offer of an alternative product, your Order will be revised. If you refuse the Company’s offer of an alternative product, your Order will be cancelled and your credit card or PayPal account will be credited in the amount that was charged.
2.9. The Company will refund any amount paid to the Company and/or will cancel any charge made in respect of a product you ordered that is not in stock.
2.10. Wholesale orders through the Website are prohibited.
2.11. The Company will deliver only orders that were confirmed by you and paid. You will receive confirmation of your order from the Company one business day after the Company receives confirmation of payment from your credit card company or PayPal. This confirmation does not obligate the Company to supply the order, but merely indicates that the details of your Order have been received by the Company. Please contact the Company if you do not receive confirmation of your order.
Payment
2.12. The Company accepts payment credit cards and PayPal and other electronic wallet services that are available on the Website from time to time, at the Company’s sole discretion.
2.13. The Company reserves its right to suspend the use of any means of payment, permit the use of additional means of payment, and apply different payment arrangements to different kinds of credit cards or means of payment that the Company accepts.
2.14. It is your responsibility to notify the Company of any erroneous charge made by the credit card company or by PayPal, to allow the Company to make the appropriate refund.
Product supply and delivery
2.15. The Company will invest its best efforts to deliver your order within 14 business days from the order confirmation date if delivery is made by mail, or within 3 business days if delivery is made by messenger.
2.16. Deliveries made by a messenger service will be subject to the terms of the delivery service and its areas of delivery. Deliveries will be scheduled in advance with the recipient. The terms of the delivery company are binding on the customer and the customer will have no claims against the Company with respect to these terms.
2.17. If an Order is delivered by Israel Post, delivery of the order is subject to the delivery times of Israel Post and is not under the Company’s control and you will have no claims against the Company and/or anyone acting on its behalf with respect to disruptions in delivery by Israel Post.
2.18. The customer must immediately notify the Company if any Order was not delivered, either in entirety or in part, by the expected delivery date. In the event of non-delivery, a new delivery date will be scheduled.
Shipping fees
2.19. The customer will be charged a shipping fee in addition to the price of the products in the Order. The shipping fee will be calculated based on the selected mode of delivery and will appear together with the details of your Order that you will be prompted to confirm.
2.20. Shipping fees will be paid together with the payment for the Order.
2.21. The Company is not liable for any delay and/or postponement in delivery and/or for the non-delivery of any Order, in entirety or in part, resulting from force majeure, including but not limited to war, military campaign, natural disaster and/or any other event that is not under the Company’s control such as labor actions and/or strikes in ports, nationwide work stoppages or work stoppages in suppliers or other service providers necessary to manufacture, supply or shop the products.
2.22. In the event that an Order, either in entirety or in part, is returned to the Company due to inaccurate details provided by the customer, additional shipping and handling fees will be charged to the customer.
3. Product returns and cancellation of orders
3.1. Cancellation of orders, product returns, and product exchanges are subject to the Consumer Protection Law 5741-1981 and the regulations enacted under it (hereinafter,”the Law”), as amended from time to time, and are subject to the following policy.
3.2. To cancel an order, please contact a Company representative.
3.3. If an order is cancelled after the product was delivered, a refund will be made only after the products are received at the Company’s local branches.
3.4. Products must be returned in its original packaging, whole and undamaged, and unused. No refund or credit, including credit vouchers, will be given for any returned product that does not meet these conditions. Unless the product was defective or damaged, you cannot return the product if you opened the product packaging, or used or consumed the product. The Company has sole discretion to determine the condition of a returned product.
3.5. You must notify the Company of any defective product within 24 hours of delivery. Failure to give such notice constitutes a declaration that the product you received is free of any defect and you will have no grounds for a claim against the Company for product defects.
3.6. Shipping fees are non-refundable. Refunds are made through the credit card or PayPal account used to pay for the order, subject to the policy of the credit card company or PayPal.
3.7. The Company may charge a cancellation fee in the amount of 5% (five percent) of the order amount or NIS 100, the lower of the two amounts, and may deduct any credit card clearing fees paid by the Company from the refund amount. If the product is defective or damaged, no cancellation fee will be charged, all subject to the Law as amended from time to time.
3.8. Discounted products and products in respect of which no monetary consideration was given (such as gifts) are non-refundable.
4. Prices
4.1. The product prices appearing on the Website are denoted in new Israeli shekels and include VAT as mandated by law. The prices do not include shipping.
4.2. The price in effect for an order is the price that appears at the conclusion of the order process. The Company may make changes to product prices at its sole discretion, without advance notice. If prices are revised before you confirm the order, the order will be charged at the updated prices.
5. Promotions and discounts
5.1. The Company offer sales promotions, benefits, and discounts on the Website. The Company may discontinue, modify or replace these promotions, benefits, and discounts without advance notice.
5.2. You do not have an inherent right to receive any promotions, benefits, or discounts on the Website. If any change is made to the details or amount of your order, for any cause, your eligibility for any sales promotion, benefit, or discount will be rechecked. For example, if you were eligible for a benefit in respect of the purchase of a product but the product is not in stock, you will not be eligible for the related benefit. If you exchanged a product that you purchased under a sales promotion with a product that is not eligible for a sales promotion, you will not be eligible for the sale promotion related to the original product. If the amount of your purchase dropped, you may no longer be eligible for the original sales promotion, discount, or benefit that was based on the original purchase amount. These examples illustrate but do not list all possible changes to your eligibility for sales promotions, discounts, and benefits.
6. Privacy
6.1. The Company collects information, including your name, address, and contact details, and email, in order to provide services through the Website or the Company, process and ship orders, promote products, and communicate with customers.
6.2. Use of the Website constitutes consent to share your information. The Company and/or parties acting on its behalf may contact you by email, telephone, or fax for sales promotions and marketing, pursuant to the conditions of the relevant laws, to the extent that you did not give any notice to the Company of the contrary.
6.3. You acknowledge that you are under no legal obligation to provide information and any information you provide to the Company is given of your own free will and consent.
6.4. Your information may be used for statistical analyses that will be made available to third parties. In such a case, the data will not include any personal information and will not be identifiable.
6.5. Without derogating from the above, the Company will not share your personal details or information that identifies you with any third party, other than in the following events:
6.5.1. If you violated these Terms of Use or any agreement between you and the Company, or if you used the Website to commit or with an intent to commit any illegal act;
6.5.2. If the Company has a judicial order instructing it to provide your details or information about you to a third party or a disclosure of information is made by law;
6.5.3. In any dispute, complaint, claim, demand, or legal proceeding between you and the Company.
In the event of any such disclosure you will have no claim or demand against the Company and/or any parties acting on its behalf in connection with said disclosure of information.
6.6. The Company takes conventional precautions to protect the confidentiality of your information as far as possible, and transmissions of credit card numbers from the Website are encrypted according to standard. Nonetheless, the Company is not liable for any direct or indirect damage caused to you and/or anyone acting on your behalf if this information is lost or unauthorized use of it is made by anyone in events that are not in the Company’s control.
6.7. You may at any time contact the Company in writing to beauty@mimi-luzon.com and request to peruse, amend, or remove from the database any information stored about you, provided that you provide such identifying details as the Company requests.
7. Liability
7.1. The Company and/or any party acting on its behalf are not liable for any direct or indirect, consequential or special damage caused to any Website user or third party as a result of the use of the Website and/or purchase made on the Website.
7.2. The Company is not liable for any notices that are sent or received through the Website (including notices sent by other users through the Website services), the contents of such notices or any computer file attached thereto, its activation, effect on the user’s computer, any damage and/or less, inconvenience, mental anguish, etc, either direct or indirect consequences caused to a user or any other third party due to notices received or sent through the Website services.
7.3. The Company receives some part of the information concerning the products offered for sale on the Website, not including the prices thereof, from the product manufacturers, and the Company uploads said information “as is.” The Company does not review the reliability integrity, or accuracy of said information or its compatibility with the products’ actual features, and is not liable for any incompatibility, misstatement or error contained in the information or in connection with their nature or compatibility with their stated purposes or descriptions.
7.4. The images on the Website are for illustration only and the Company will do its best to present the complete and comprehensive information concerning the products and the images. It is nonetheless clarified that the Website may contain inaccuracies or errors, and the Website and/or the Website administrators are not liable for anything stemming from said inaccuracies or errors.
7.5. The Company and/or parties acting on its behalf are not liable for any damaged caused to you either directly or indirectly by any delay in delivery or as a result of defects or malfunctions in the products delivered, unless the defect was caused by the Company’s aggravated negligence. In such event the liability of the Company and/or anyone acting on its behalf is limited to an amount equal to the price of the product.
7.6. The service on the Website is rendered “as is” and you will have no claim, complaint, or demand against Mimi Luzon and/or the Company and/or anyone acting on its behalf with respect to the features of the service, its characteristics, limitations, or compatibility with your needs and demands.
7.7. Information on suppliers and products on the Website does not constitute an expression of any opinion regarding their nature or quality by the Website.
7.8. In any event, the Company’s liability is limited to an amount equal to the order price.
7.9. The Company makes every effort to maintain the Website in good working order. Nonetheless the Company is under no obligation to guarantee that no disruption to the Website services will occur or that these services are rendered in an orderly fashion without interruption, including due to malfunctions in hardware, software, or communication lines. In any case, the Company will not bear any liability.
8. Links and advertising information on the Website
8.1. When you visit the Website you may be shown commercial/advertising information. The source of this information may be the Company or may be third parties. In the event that third parties are the source of the information, the Company cannot guarantee the credibility or accuracy of the information and therefore you may not make any claims, complaints, or demands against the Company and/or any party acting on its behalf, in respect of any loss or damage, either direct or indirect, that stem from reliance on or use of the information from third parties that is displayed on the Website.
8.2. The Company and/or any party acting on its part is no liable for any direct or indirect damage, either monetary or other, that is caused to you as a result of the use of or reliance on the information appearing in the services operating by third parties that you access through links from the Company or as a result of your access of the Website.
9. Intellectual property
9.1. The Company and/or other third parties are the sole owners of all the intellectual property rights in the Website including the name “Mimi Luzon” and/or the name of the Company and/or any patents, copyrights, models, trade marks (whether or not registered) and trade secrets. These rights apply to but are not limited to the graphic design of the Website, the data on the Website (including products lists, product descriptions, etc) and all other details connected to the Website’s operation.
9.2. To the extent that the Website contains trademarks that were made available by the companies that offer products and services for sale through the Company and/or the Website for promotional purposes, these trademarks are the property of those companies and may not be used without their consent.
9.3. The information on the Website (including trademarks, images and/or texts) may not be copied, reproduced, distributed, sold, marketed, presented and/or translated without the express permission of the Company, granted in writing in advance, subject to the explicit terms of any permission so granted.
9.4. No commercial use may be made of the data published on the Website, in the product lists appearing on its Website, or of other details published on the Website without the Company’s consent given in writing in advance.
9.5. The data published on the Website may not be used for presentation on any other website or service without the Company’s consent given in writing in advance, subject to the terms of said consent, if given.
9.6. This Website may not be displayed within a covert or overt frame, and no links may be made to its pages (deep linking) without the Company’s consent given in writing in advance. The Company may order the removal of any deep link even after its consent is given, at its sole discretion, and you will not have any complaint, demand, or claim against the Company in this regard.
9.7. The Website may not be displayed with any graphic design or interface other than those designed by the Company without the Company’s consent in writing in advance.
10. Confidentiality
10.1. The Company takes the best accepted precautions to protect the confidentiality of its customers’ information and privacy and any transmission of data from the Website is performed using a secure encrypted SSL protocol. Isracard if the company that clears credit cards, and settlement of credit cards is its responsibility.
10.2. The Company does not retain credit card numbers.
10.3. Nonetheless, in events that are not under the control of the Company and/or stem from a force majeure, the Company is not liable for any direct or indirect damage to you if any information is lost or unauthorized use is made of any information.
11. Governing law
The Website and your order are governed exclusively by Israeli law. Exclusive jurisdiction is given to the competent Tel Aviv and Center District Courts.
For any additional information or clarifications, please contact the Company.
