Onoa

Terms and Conditions

The Website

1. The website operated at the address onoa.swimwear.com (hereinafter: the “Website“) is operated by Onoa and serves as an online store for purchasing fashion products of the “Onoa” brand (hereinafter: the “Products” and the “Company“). The Website is intended to allow its users, including you (hereinafter: the “User” or “you“), to receive information about the variety of products provided by the Company.
2. The use of the Website and the content displayed on it are subject to the terms of use detailed below (hereinafter: “Terms of Use“). You are requested to read the Terms of Use carefully in their entirety. By using the Website and its content, including without limitation purchasing any of the Products, you agree and confirm all that is stated in the Terms of Use. If you do not agree to all or part of the Terms of Use, you are not permitted to use the website. It is clarified that the Terms of Use are the legal basis for orders and browsing the Website and solely regulate the relationship between the Company and the User (including without limitation if an order is placed through the Website).
3. It is clarified that the Company reserves the right to change the Terms of Use from time to time without prior notice, to add, change, or remove from the Terms of Use from time to time, concerning the entire website, part of it, its features, and/or its application, without any liability. Any use of the Website, including its content and/or services, will constitute renewed consent to the Terms of Use and these changes, as they will be from time to time. The updated version of the Terms of Use will always be available on the Company’s Website. It is recommended to review the Terms of Use upon each new entry to the Website to be aware of the changes that have occurred.
4. The Company may block access to the Website for updates and upgrades and change, from time to time, the structure of the Website, its appearance, the content provided on it, operating hours, and the equipment required for access and use of the Website, without prior notice to the User and at the Company’s sole discretion, and any such change will bind the User and will also apply to purchases made on the Website from the date of publication of the updated terms on the Website. The User will have no claim or demand regarding these changes or regarding malfunctions that occur during their execution.
5. Please note that any use of this Website, or websites or services linked or available through it, constitutes your consent to the Terms of Use.

Website Content

6. The Website in its entirety – including all information on it (including information accessed through the Website), the content, the software underlying the Website, the accompanying software, and any part of the Website – are provided AS IS. The use of the Website and its services (including all services but not limited to them) are at your sole and full responsibility. The Company will not bear any responsibility for the content provided by it on the Website or errors therein, for any damage caused to the User in practice, except in accordance with the liability imposed on it by law.
7. The User will have no demand, claim, or lawsuit against the Company regarding the quality of the content (including due to its features, limitations, characteristics, or suitability for the User). The Company’s intention is that the content appearing on the Website will be as correct and accurate as possible, however, it is possible that the content is not complete, or alternatively, technical errors, disruptions, inaccuracies, and errors in the content or information presented on the Website may occur – including regarding any Product, illustrative images, service, or information about promotions.
8. Actions performed on the Website will be solely for the purpose of obtaining information and/or ordering Products. The Website may not be used for any other purpose.
9. You are permitted to use the Website and the content available through it, for private, non-commercial and personal purposes only. The content of the Website does not grant you any rights other than those detailed in these Terms of Use, which constitute an agreement for all intents and purposes between you and the Company.
10. Features, models, design, colors, or appearance of Products described or displayed on the Website, including any image or presentation of a product included on the website, are for illustration purposes only. It should be emphasized that there may be color differences or other changes between the appearance of the Product in the image and the Product in reality.

Termination of Use of the Website

11. The Company may refuse to grant and block the User’s access to the Website and services or parts thereof, and also terminate a User’s membership in the customer club or their authorization to use the service or the Website, at its sole discretion and without prior notice, and the User will have no claim against it in the event that the User does not comply with any of the Terms of Use. If a User violates these Terms of Use, the Company, at its discretion, may disclose their name and the details known to it about them in any legal proceeding, even if no judicial order is given instructing so.
12. In such a case as mentioned above, the User will indemnify the Company and/or anyone on its behalf for any damage, loss, or expense incurred by it, due to the violation of the Terms of Use.

Terms of Use in the Website Store

13. The Company may prevent any User from purchasing products in the Website store temporarily or permanently, at its sole discretion and without providing notice and/or reason in advance.
14. If you need to obtain approval from any third party to perform a legal action, you declare and confirm that you have obtained the consent of the guardians, or the aforementioned third party, to perform an action on the website.
15. Any User who has registered as stated in the Terms of Use, who meets the following criteria, may make a purchase on the website: (a) is 18 years old; (b) has an email account on the internet; (c) holds a credit card that can be cleared by one of the credit card companies (or a valid account that can be cleared by the payment services that the Company allows at its sole discretion), and is valid on the day of the action.
16. The supply of products and/or services will be carried out according to the instructions of the Terms of Use.
17. The Company does not commit to holding stock of all models and/or Products whose images appear on the website.

Making Purchases

18. All prices displayed on the website are in the currency displayed on the website and include VAT, unless explicitly stated otherwise. The prices listed on the website do not include the cost of shipping. See further details on this matter in the Terms of Use. The Company may update the prices of Products on the Website and the shipping rates from time to time, without prior notice. The price valid for your order is the price published when you completed the order process (which includes, among other things, providing credit card details and confirmation of the transaction). For the avoidance of doubt, if prices are updated before the purchase process is completed, the updated prices will apply.
19. The Company may offer promotions, benefits, and discounts on the Website at its discretion. The terms and validity of each promotion and/or sale published on the Website or via email sent to registered users of the website will be subject to the terms set and published by the Company, in addition to the stock allocated for that promotion or sale as published on the Product page. The items displayed on the Website are available for sale until the stock runs out or until an earlier date, at the Company’s sole discretion. The Company reserves the right to discontinue these promotions, benefits, and discounts at any time, change the closing date of sales, or increase the quantity offered at its discretion without affecting the rights of users whose offers were registered and received before the change date.
20. The Company is entitled not to approve an order for any reason and at its sole discretion, including without limitation for the following reasons: incorrect details entered, debt to the Company, violation of the Terms of Use, blocked credit card, an act that may harm the Website and/or the Company and/or any third party.
21. Subject to applicable law, in the event of an error made in good faith in the price of a Product on the Website, the Company may cancel a transaction and credit the User for the price paid, if paid.
22. Product purchases will be made by a User who is a registered customer or a customer who chooses to log in as a guest by filling out the order form on the website. When ordering a Product (hereinafter: “Action“), the User will be required to enter basic details such as name, address, email address, phone number, credit card details, or at the Company’s discretion, another electronic payment method such as PAYPAL, ID number, etc., if and as required. At this stage, the User becomes the action performer (hereinafter: “Action Performer“). To complete the purchase, it is necessary to ensure the correct details are provided. The Action Performer will be required to choose one of the payment methods. Payment by credit card is made through the clearing payment processing company with which the Company works. In any case where the credit card company or clearing (or any other available electronic wallet service) refuses to allow the Website to collect the payment, this will be considered a cancellation of the order by the Action Performer, and all the conditions stated below regarding the cancellation of the transaction by the Action Performer will apply.
23. The delivery date will be determined from the date of credit card billing (or billing through another available electronic service). If the order is not honored by the credit card company (or the relevant payment service), the Company may cancel the transaction. In the case of using Paypal, the User will be subject to Paypal’s terms of use and privacy policy.
24. The address for product delivery is the address filled in by the Action Performer on the order form as the delivery address for orders.
25. The Product inventory in the various categories changes from time to time, and there may be shortages in some of the Products appearing in these categories. The supply of the Product is conditional on the Product actually being in the Company’s stock at the requested delivery date and/or at the time of order. The Action Performer will have no claim and/or demand in this matter for any type of damage, provided that if the purchase is completed on the Website, the Company will cancel the charge made or refund the Action Performer any amount paid if indeed paid as mentioned above. It should be clarified that there may be situations where, although a certain item is displayed on the Website as being in stock, it is not actually in stock, and the Company cannot supply it – in these situations, a suitable notice will be sent to the orderer via email or phone with suitable alternatives offered.
26. By making the purchase, the Action Performer agrees to receive an electronic invoice via the email address provided.
27. After the payment details are entered on the payment page, confirmation will be sent via email regarding the receipt of the order details. This confirmation does not obligate the Company to supply the Products, and it indicates that the order details have been received on the Website only.
28. At the time of delivery, the Company may request the presence of the Action Performer at the place and time of delivery, request the order confirmation number as received from the order system for the transaction, and request the presentation of the Action Performer’s ID and/or their signature on the credit card voucher as a condition for delivery.
29. Upon ordering the Products, the User will be charged shipping fees at the cost displayed on the Website, which are in addition to the total order cost of the Products. The Company reserves the right to update the shipping fees from time to time at its sole discretion and without prior notice, without the User having any claims against it for this.
30. If, at the time of placing the order, the User provides incorrect identification details, the Company cannot guarantee that the Products will reach the User. If the Products return to the Company due to incorrect details provided, the User will be charged a handling and shipping fee. The User must ensure accurate and up-to-date details are provided. Providing false personal details is strictly prohibited.

Product Supply

31. The estimated Product delivery time is the delivery time displayed when placing the order. The delivery of products ordered on the website is carried out by couriers through an external private courier company to the customer’s home. By purchasing on the Website, the User confirms that they will have no claim and/or demand and/or lawsuit against the Company and/or anyone on its behalf due to delays in Product delivery and/or malfunctions and/or disruptions in the Product delivery.
32. The regulations of the shipping entity through which the delivery is made will apply to the Product delivery via the Website and will bind the User who made a product purchase.
33. A User who chooses to purchase a Product (hereinafter: “the Purchaser“) on the Website is obligated to check the Product they purchased immediately upon receipt.
34. The distribution areas will be determined at the sole discretion of the Company and/or the courier company it chooses to work with.

Cancellation Policy and Product Returns

35. Any Purchaser may return or exchange a Product for which the amount paid exceeds 50 NIS (or equivelant). The return or exchange of the Product is subject to the provisions of the Terms of Use and the provisions of the Consumer Protection Law, 1981 (hereinafter: “the Law“).
36. According to the Company’s policy, the exchange or return of a Product as mentioned will be allowed within 14 days from the date of shipment.
37. A Purchaser is entitled to cancel a transaction and return a Product purchased on the Website, by written notice to the Company, detailing their full name and order number, all in accordance with the provisions regarding the cancellation of a remote sale transaction as stated in the Law. The shipment of the Product to the Company will be at the Purchaser’s expense and responsibility.
38. In the event of a transaction cancellation, the Purchaser will be refunded the payment they made for the transaction (excluding shipping fees) minus 5% of the total transaction amount or 100 NIS from the Product price – whichever is lower.
39. The credit will be given provided that the Product is returned without use and/or defect and/or damage – in its original packaging and with the label on it as received, including the sticker on the bottom part. If the Product is returned not as stated in this section, the Purchaser will not be credited, all subject to applicable Law. It is clarified that the Company has sole discretion regarding the condition of the returned Product.
40. Notwithstanding the above, if the Purchaser cancels the transaction due to a defect in the Product, due to a mismatch between the product and the details provided to them according to sections 14c(a) and (b) of the Law, due to non-delivery of the product at the specified time, or due to any other breach by the Company, the Company will refund the Purchaser within 14 days from the date of receiving the cancellation notice the portion of the transaction price paid by the Purchaser.
41. In any case of transaction cancellation, the Purchaser will present an invoice indicating the transaction with the Company or other proof, to the satisfaction of the Company, regarding the transaction, its date, the amount paid for it, and the payment method.
42. It is clarified that no monetary credit will be given for Products for which no monetary consideration was paid, such as promotions or gifts.
43. For any questions related to inquiries, exchanges, returns, and the like, please contact the Company’s customer service department as detailed below.

Customer Service

44. For details and inquiries regarding products and/or their delivery, you can contact the Company’s customer service department via the contact page on the website. The Company’s customer service team will try to respond to your inquiry as soon as possible, up to 48 hours from the time of the inquiry during the business days on which the Company operates.

Intellectual Property and Trademarks

45. All rights of any kind and type, including and without limiting the generality of the aforementioned, copyrights, any patent, trade secret, business conduct, trademark, and any proprietary right in any software, existing or to be developed by or for the Company within or in connection with the Website and the Company’s services, will be the exclusive, full, and absolute property of the Company or anyone on its behalf.
46. The Website, including logos, any information or display appearing on the Website, including graphics, design, verbal presentation, trademarks, logos, and their arrangement and presentation, including the content on the Website, including text, illustrations, graphics, sound, graphic clips, video clips, presentations, software applications, graphs, and Product images, are the property of the Company or have been licensed to it by third parties, and are protected by the copyright laws of the State of Israel, international treaties, and the copyright laws of other countries. All rights are reserved to the Company or third parties, as applicable.
47. These Terms of Use grant Website Users permission to use the Website and its services only, and users are prohibited from performing any action that may harm the intellectual property rights mentioned above.
48. Users of the Website are strictly prohibited from making changes to it or copying, distributing, transmitting, displaying, performing, reproducing, publishing, issuing a license, creating derivative works, or selling any item of information, content, or software originating from the Website without the Company’s explicit written permission in advance.
49. The Company is not responsible for advertising content appearing on the website and/or links existing on the Website that lead to other websites.

Limitation of Liability

50. Warranty for the product will be given to the purchaser for a period of 7 days from the date of receiving the Product after purchase, concerning a material defect. In the event of a defect, the Company may, at its sole discretion, credit the User who made the purchase or provide a replacement Product. The warranty is valid only for a User who made a purchase on the website and holds an original proof of purchase. The Company reserves the right to require the User to prove that they are the original purchaser of the Product. In any event, the Company’s liability will be limited to the price paid for the applicable Product. 
51. The Company will not be liable for any: (1) content or information provided on the Website regarding product characteristics, originating from third parties, such as the Product manufacturer, including usage and maintenance instructions, measurement guidelines, and various data; (2) website link found on the website, not operated by the Company, including websites of manufacturers, authorized distributors, and unauthorized distributors. The links are intended solely for the convenience and information of the users. The use of the linked websites by the User will be at the User’s responsibility only and subject to the terms of use and privacy policy of the linked websites; (3) damage caused due to circumstances beyond the Company’s control, including without limitation, a strike at suppliers of services or goods required for production, supply, and/or transportation of products, including force majeure, including without limitation, epidemic, fire, war, sabotage actions, severe public order disturbances, cellular operator or restrictions imposed by them, laws, regulations, or government orders, network restrictions, military or security restrictions, and fraud prevention measures; (4) interruption, cessation, damage, malfunction, failure in hardware, software, or communication lines, which interfere, cause, or may cause interference in the use of the Website; and (5) use made by the User or any third party not in accordance with the Terms of Use, the instructions accompanying the product (if any), including without limitation washing instructions.
52. The User undertakes to compensate and/or indemnify the Company and any other entity related to the provision of services offered on the Website, immediately upon their first demand, for any damage and/or injury and/or loss and/or expense and/or payment incurred by them, of any kind and type, including attorney’s fees and legal expenses, due to the violation of these Terms of Use and/or legal provisions by the User, including providing false information and disrupting the operation of the website, as well as due to any claim and/or demand and/or lawsuit brought against them by any third party, due to such a violation. For the avoidance of doubt, it is clarified that the User’s liability in the event of any of the occurrences mentioned above includes direct, indirect, consequential, incidental, or special damages, including damage to reputation, loss of goodwill, loss of income, loss of data, and loss of profits. The aforementioned indemnification does not derogate from the Company’s remedies under any law.
53. Without derogating from the generality of the above, the Company is not responsible for any damage caused to the User and/or any third party as a result of a purchase made on the website and/or the inability to make a purchase on the website, resulting from an act and/or omission and/or negligence of the customer and/or any third party, including a purchase made using a credit card and/or gift voucher (if redeemable on the Website) without the owner’s consent, a purchase made by someone who is not legally competent to use the Website and/or make a purchase on the Website, a purchase made on the Website by any third party who enters the Website and/or uses a password and/or user data and causes damage, etc. In any case, the Company will not be liable, and the Company will not bear any liability, the cost, expense, or payment associated with which exceeds the value of the purchased product, as well as any non-direct damage. The Company is not responsible for the use made by a customer and/or any other third party of the product not in accordance with the manufacturer’s and/or Company’s instructions.
54. The Company is not responsible for any damage to the User’s computer equipment or any other property of the User, caused by access, browsing, or use of the Website, including downloading information from the website, including due to “viruses” or various software applications.

Privacy and Data Security

55. The Company takes customary precautions to maintain the confidentiality of User information as much as possible. Any use of the User’s personal details will be made in accordance with the Website’s privacy policy, which is an integral part of these Terms of Use.

Miscellaneous

56. Any reference to the plural also implies the singular, and any reference to the masculine gender also implies the feminine gender.
57. The Terms of Use (or any of their provisions) do not create and will not be interpreted as creating any partnership, joint venture, employer-employee relationship, agent, or representative relationship between the User and the Company or anyone on its behalf in any way.
58. If any provision of the Terms of Use is found to be illegal, void, or unenforceable for any reason, that provision will be deleted from the Terms of Use, and its deletion will not affect the legality and validity of the remaining Terms of Use.
59. The chapter headings are provided for convenience and orientation only and will not be used in interpreting the Terms of Use.
60. The services offered by the Website must be used for lawfully permitted purposes only.
61. Any waiver by the Company of exercising a right granted to it under these Terms of Use and/or by law, or the Company’s abstention from asserting its rights, will not be considered a waiver, abstention, or the creation of a custom regarding other cases.
62. Any exemption and/or lack of liability granted to the Company under the provisions of the Terms of Use is also granted to all those acting on its behalf and/or for it, as well as any other entity related to the provision of services, products, and content, as they may be from time to time.
63. The Company’s computer records regarding actions performed through the Website will constitute prima facie evidence of the correctness of the actions.
64. The interpretation and enforcement of these Terms of Use and/or any action or dispute arising from them will be conducted in accordance with Israeli law only, and the competent courts in the Tel Aviv district will have exclusive jurisdiction.
65. The Company is the sole authority for interpreting the procedures and rules of the Terms of Use.
66. In any case of inconsistency and/or contradiction between the provisions of these Terms of Use and any publication and/or other information published and/or provided by the Company and/or anyone on its behalf, regarding the Terms of Use and product purchases through the website, including on social networks, the provisions of these Terms of Use will prevail for all intents and purposes.