These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms and Conditions posted on the Site at the time of use. If you do not agree with the Terms and Conditions, then you do not have the right to access, view, download or otherwise use the Site or purchase any products and, accordingly, you should not do so.
General Terms and Conditions:
Unless otherwise noted, the products and services on the Site are intended for your personal, non-commercial purposes only. You agree to use the Site only for lawful, non-commercial purposes and in compliance with all international and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.
Even though we try to keep the Site accessible at all times, we cannot guaranty you access in all circumstances. In fact, and in particular for reasons of maintenance, updating, or other reasons which are beyond our control, access to the Site may be interrupted.
Furthermore, we would like to remind you that the Internet does not allow the guarantying of the security, availability and integrity of data transmissions, accordingly we cannot be held liable in the event of errors, omissions, deletions, delays, faults (including, but not limited to, by the actions of viruses), of the lines of communication, the hardware and the software which is not under our control or in the event of non-authorized use or possible degradation of the content published on this Site.
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, if you are a minor, the prior authorization of your parents is required (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (e) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.
You expressly grant us the right to use the User Content on our own websites but also on third party websites in particular on so-called “social networks”. You acknowledge and agree that the use of these social networks is exclusively governed by the terms and conditions set up by these social networks. Consequently, you acknowledge and agree that said terms and conditions are binding for us in our use of the Content. Therefore, we may not be held responsible of any use by us or by a third party of the content in accordance with the terms and conditions set out by the social networks and especially but without limitation, in terms of scope of rights, of duration of rights and of deletion of the User Content.
You shall be solely responsible for any third-party claims relating to the use of the Content in accordance with the terms and conditions of the social networks. Without prejudice to the above, you represent and warrant that you have obtained all the necessary authorizations from all beneficiaries on the User Content regarding such use on the social network.
Finally, you acknowledge and agree (and you confirm that you have informed and obtained all the beneficiaries agreements) that this Content could be subject to “viral” communication (word-of-mouth communication) on these third-party websites and that we will not be liable for any action in this regard.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
Review of Submissions:
We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not pre-screen, monitor, review, edit or delete the User Content posted by you and other users on the Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public.
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Site.
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.
Our Right to Use User Content:
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
The provider of the featured products is Pasión moda Flamenca Pasión of Israel, with registered office at Olei Bavel 7 Herzlya, Israel 4634413. Authorized and regulated by the Financial Conduct Authority for the activity of consumer credit in Israel (VAT Registration Number: 038589727).
Information on the products and services:
Unless provided otherwise, the products and services which are presented to you do not constitute an offer of sale but a general presentation of the range of the products and services that we distribute in your country.
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
Reproduction of Colours:
Pasión designers are very careful with the colours they use in the collections. The limitations of colour reproduction and the individual colour configurations of your screen may result in slight variation. All reasonable steps have been taken to ensure that the descriptions are accurate. However, the specifications may change.
Orders, Prohibition on Reselling:
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
We reserve the right to refuse to supply any person or company and/or to deny the service at our sole discretion.
You may not purchase any item from this site for resale by you or any other person. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
Pasión keeps an electronic copy of each order, but you will not have access to it. All orders will be made in English. We can also contact you to conduct a market study.
Standard delivery costs are: 32$ or 28€ (subject to the geographic location the order was made). The products shipment date (ETD Israel) may vary between 7-21 business days (depending on the products availability at our stores) and will be delivered by Israeli Mail, subject to the availability of the products you have ordered. Calculate extra days on local holidays, national holidays in the Israel, weekends and offers period. Pasión reserves the right to modify or alter the Delivery Terms at any time, but we promise to notify our customers at least 14 days in advance, via Site.
Prices & Payment:
The prices indicated are those in force at the time of production. Due to circumstances beyond our control, prices may be modified up or down, including any modification of the value added tax rate. If due to this or any other reason an item is not acceptable, it can be returned as long as it is sent back within 14 days from day of receiving and is new and unused. All prices indicated are prices in euros (€) or in dollars ($). The prices of products that are displayed and ordered through the Directory may differ from the prices in the store. We will request the payment for the total amount when confirming your order.
All major Credit Cards are acceptable methods of payment. All products remain the property of Pasión until paid for those products in full. We cannot accept credit cards that expire within the next FIVE days. The information on the card is checked and verified by a third party and the items are sent once the authorization has been obtained.
Cancellation Policy & Returns:
Minimum 24 hours’ notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a minimum charge to cover any subsequent administrative expenses. You may return the unused items within 15 days of receiving them for a full refund of the price of the items (as long as they are new, unused and packed in their original package). The postage must be paid by the sender and Pasión will not return them.
Defective Product Returns:
You may return any defective item within 15 days of invoice date and receive – credit, replacement, exchange, or repair. We shall be responsible for the cost of shipping replacements or exchanges of returned items (in case and only due to their defect). If a package containing items purchased from Pasión arrives at your address DAMAGED, you should REFUSE to accept delivery from the carrier. If you decide to accept delivery of such a package, you must: (i) note the damage on the carrier’s delivery record so that Pasión may file a claim; (ii) save, as is, the merchandise AND the original box and packaging it arrived in; and (iii) promptly notify Pasión to arrange for our inspection and pickup of the damaged merchandise. If Customer does not recognize the damage and save the received merchandise and does not so notify Pasión within 15 days of delivery acceptance, you will be deemed to have accepted the merchandise as if it had arrived undamaged, and our regular return policy, as described above will apply.
Items that are specially ordered may be non-returnable or may have unique return restrictions provided at the time of sale.
If you wish to make any kind of claim, please write to the Customer Service Pasión at the address: Olei Bavel 7 Herzlya, Israel 4634413. You can also contact us by: + 972-52-369-3027 or send an email to firstname.lastname@example.org. Pasión accepts and learns from all claims. Our goal is to resolve any claim quickly and considering your situation. All claims are filed, studied and answered.
Intellectual Property Rights:
The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other applicable local and international laws. of other countries. The Proprietary Material is owned or controlled by Pasión or by other parties that have provided rights thereto to Pasión.
Except as otherwise provided in these Terms and Conditions or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
Claims Regarding Copyright Infringement:
Notice: If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes upon your copyrights, you may submit a notification to: email@example.com.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to: firstname.lastname@example.org.
We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer. We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions.
Third Party Websites and Links:
You may be able to link to third party Websites, services or resources on the Internet from the Site, and third-party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
Third Party Merchants:
The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions
Advertisements, Sponsorships, Co-Promotions and Other Partnerships:
We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
Disclaimers and Limitations of Liability:
Please read this section carefully since it limits Pasión’s liability and its affiliates, including in relation to any inaccuracies or omissions in this Site. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services and products are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We exclude all liability, make no warranty or representation and disclaim all responsibility for damages arising out of or in connection with your use of this Site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon, the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services the completeness, accuracy, availability, timeliness, security or reliability of the services and products or any content, or any other direct or indirect, consequential and incidental damages. All aforementioned applies whether the services and products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Us, will create any warranty or representation not expressly made herein.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Governing Law; General Information:
We control and operate the Site from our offices in the State of Israel. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of Israel. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are the entire agreement between you and us with respect to the Site and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be illegal or unenforceable, the remainder of the Terms and Conditions shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
By using this Site, you agree that Pasión at its sole discretion, may require that any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the applicable rules of arbitration and held at the Israeli Bar Association regional office nearest the participant. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Notices: Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our Contact Us page, or send an e-mail to: email@example.com. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or Israeli mail to your email or mailing address as appearing in our records from time to time.
These Terms and Conditions were last updated March 2018.