Terms of service
Chocotrade Ltd. (hereinafter: "the Company") operates the website located at: https://barth.store/ (hereinafter: "the Site"). Please read these terms and conditions before using the Site.
1. Terms of Use1.1 Your access to the Site (as defined below) and/or use thereof constitutes your confirmation that you have read these Terms of Use (hereinafter: "the Terms of Use"), and that these Terms constitute a binding agreement between the Company and you, and you agree to them.
1.2 The terms "us", "we", or "our" refer to the Company.
1.3 The term "you" refers to the user (as defined below). In these Terms of Use, singular language also includes plural language, and vice versa; masculine language also includes feminine language, and vice versa, as appropriate.
1.4 These Terms of Use shall be effective from the date of your first access to and/or use of the Site and/or the Services (as defined below) (whichever is earlier). Access or use of the Site indicates your agreement to all the terms and conditions of the Terms of Use.
1.5 The Privacy Policy for using the Site applies to your use of the Site. By accessing the Site and/or using the Site or the Services, you confirm that you have read the Privacy Policy and agree to its terms and to the collection and processing of personal information as stated therein.
2. Definitions
For the purposes of the Terms of Use:
2.1 "External Websites": meaning applications or websites of third parties.
2.2 "User": meaning any person who accesses the Site, views the Site's content, enters content into the Site and/or uses the Site and/or the Services.
2.3 "Services": meaning the services provided through the Site, including order processing, access to External Websites, communication, viewing Site content, and/or any other feature and/or service of the Site.
2.4 "Content": meaning all data and/or content presented on the Site, including (but not limited to) text, documents, photographs, or any other format containing data and/or content.
3. Use of the Site and Services
3.1 You hereby agree and acknowledge that all access to the Site, or use thereof, is at your sole responsibility and that the consequences of such access or use shall be borne solely by you.
3.2 You undertake to use the Site only in accordance with these Terms of Use.
3.3 We may and are entitled to discontinue (permanently or temporarily) the provision of the Services, all or part of them, to you or to users in general, at our sole discretion.
3.4 If we permanently discontinue providing you with the Services, the Terms of Use will be canceled (except for provisions that by their nature are intended to continue to apply after cancellation of the Terms of Use), and the provisions of section 14 will apply.
4. The Content
4.1 You agree and acknowledge that any use or reliance on any content presented on the Site is at your discretion and at your sole responsibility, and does not impose any liability on the Company.
4.2 You acknowledge and agree that the Company is not and will not be responsible to you or to any other person for any content, and you further acknowledge and agree that the Company is not responsible for examining or evaluating the accuracy, completeness, validity, intellectual property, compliance, legality, appropriateness, quality, feasibility and/or any other aspect of the content.
4.3 You understand and agree that while using the Site, you may be exposed to content that may be inaccurate and/or incorrect, and you waive any demand, claim and/or lawsuit against the Company in this regard.
4.4 The product or service and any reliance on the content is solely the responsibility of the user. The Company shall not bear any responsibility resulting from the user's reliance on the content and/or the degree of the content's suitability for the user's use and/or needs. The Company has no responsibility for content originating from third parties and is not liable for the accuracy of such content.
4.5 In the event that prices for products, packages, or services are presented on the Site, these are the basic prices for that type of product, package, or service, and they do not necessarily include any addition, accessory, or complementary service, including shipping costs. The Company reserves the right to update or change any price.
4.6 In the event that images, representations, or specifications of packaging, colors, or appearance of products or services are displayed on the Site, these are for illustrative purposes only – and may differ from what is displayed on the Site.
4.7 In the event that products are offered for sale on the Site by weight (price per kg, price per 100 grams, etc.), there may be a reasonable deviation between the ordered weight and the weight that will actually be supplied. In such a case, the final bill will be based on the actual weight of the products (and not necessarily based on the requested weight, as specified at the time of the order).
4.8 As a general rule, the expiration date of products on the Site shall not be less than 30 days from the date of supply of the order, however, it is possible that products with a shorter expiration date will be supplied to the customer. The customer shall have no claim against the Company regarding the expiration date on the product supplied to them.
4.9 Alcoholic beverages: The purchase of alcoholic beverages is permitted, according to law, only for customers aged 18 and over. By ordering such a product, you confirm that you are of legal age and permitted to purchase this product under the law.
5. Ownership and Intellectual Property
5.1 You are hereby granted a personal, non-exclusive, revocable license that does not include the right to transfer or grant sub-licenses, to view and use the Site, the content, and the services solely for your personal, non-commercial purposes, for the purpose of receiving or using the services as provided on the Site, in a manner permitted by these Terms of Use only.
5.2 You hereby confirm that the Site constitutes an original creation of the Company, and that ownership and all rights attached to the Site, including, but not limited to, the structure, composition, organization, coordination, and arrangement of the content (whether such content is protected by copyright and/or by other intellectual property rights) included in the Site, the instructions, details, content, and technology included in the Site and/or upon which it is based, and all patent rights and/or copyright rights, trade secrets, trademarks, and all other intellectual property rights attached to the Site – are the exclusive property of the Company and shall remain so.
5.3 The Site and the services include trade secrets that are the property of the Company, and they are protected by the relevant laws.
5.4 All copyrights on the Site and/or in connection therewith are the sole property of the Company and/or of a third party that has granted the Company a lawful license to use, and they reserve all their rights in this regard.
5.5 You do not receive any rights and/or licenses in connection with the Site, the content, and/or the services, other than the right to use the Site and the services as expressly stipulated in these Terms of Use.
5.6 Trademarks or service marks of third parties appearing (if any) on the content (in whole or in part) are trademarks or service marks of their respective owners. You may not download, copy, reproduce, distribute, transmit, display, sell, transfer, license, or exploit in any other way and/or for any other purpose the content, except as permitted by these Terms of Use expressly.
The use of the Site and/or any part of the Services in a manner not explicitly permitted by these Terms of Use is strictly prohibited, infringes on the rights (including intellectual property rights) of the Company and/or others, and may expose you to civil and/or criminal liability.
5.8 You agree that the trademarks, trade names, service marks, graphics, logos, and other brand features of the Company used in connection with the Site and the Services are trademarks or registered trademarks of the Company. Nothing in these Terms of Use grants you the right to use or display the aforementioned marks (in whole or in part) in any form or manner.
5.9 The Company reserves all rights not expressly granted to you in these Terms of Use.
6. Order Cancellation and Product Return Policy
6.1 The Company makes efforts to allow you to change your order details and even cancel it, all subject to the following provisions and the provisions of the Consumer Protection Law, 1981 (hereinafter: "Consumer Protection Law"), as amended from time to time (hereinafter: "Cancellation and Return Policy"). The Company reserves the right to change and/or update the Cancellation and Return Policy from time to time without being required to provide any notice to the customer.
6.2 Subject to the provisions of Section 6.1 above:
6.2.1 You can notify the Company of the cancellation of the transaction via a cancellation notice submitted by the customer to the Company in any of the ways detailed below: (1) by registered mail to the Company, at: Haofen 3, Kiryat Arie, Petah Tikva, Zip Code: 4951203; (2) by phone at +972-39220440; (3) via email to: contact@barth.co.il. It is clarified that in the cancellation notice the customer will specify their name and ID number.
6.2.2 The return of the product is possible up to 14 days from the date of receipt of the product or from the date of receipt of the transaction details document, whichever is later. The return of the product to the Company will be done by returning it to the Company's place of business at Haofen 3, Kiryat Arie, Petah Tikva.
6.2.3 After the product is returned by the customer and received by the Company, the order center will examine the correspondence between the product and the order (usually within 72 hours from the date of the return) including by weighing them and checking the use made of the products (hereinafter: "Correspondence"). If a correspondence is found, a credit request will be sent to the credit card company and a confirmation email of the return will be sent to the customer.
6.2.4 A consumer who is a person with a disability, a person aged 65 or over, or a new immigrant is entitled to return the product within 4 months of receiving the product, provided that the transaction in the remote sale included a conversation between the Company and the user (including a conversation via electronic communication) and provided that they present documentation proving that they are a person with a disability, a senior citizen, or a new immigrant.
6.2.5 Cancellation of a transaction will be made by contacting in one of the ways specified in Section 6.2 above, and if the products have not been shipped to the customer - the Company will cancel the order subject to a cancellation fee of 5% or 100 ₪, whichever is lower. The provisions of this section regarding cancellation fees will not apply to cancellation due to a defect in the ordered product (including the product being out of date upon receipt) and/or for non-conformity between the material properties of the product as presented on the Site and the material properties of the product in fact, in which case no cancellation fees will be charged to the customer.
6.3 The Company emphasizes that the customer must check that the products received match the order details as made by them, and this should be done close to the time of receiving their order. If there is a discrepancy between the ordered products and the products received, the customer must notify the Company of the discrepancy immediately. If the customer does not notify the Company of the discrepancy in the aforementioned timeframe, they will be considered as having confirmed that there is a complete match between the order and the delivery, and the customer will have no claims against the Company in this regard.
7. External Websites
7.1 The Site may allow access to external websites. You hereby acknowledge that you are aware that by using external websites, you may encounter content that may be considered offensive and/or inappropriate.
7.2 Our Terms of Use and Privacy Policy do not apply in relation to access to and/or use of external websites. You should review the relevant terms and policies, including the privacy policy and data collection, of any website you navigate to from our site.
7.3 By using external websites, you agree and acknowledge that we are not responsible for the examination or evaluation of the content, legality, reliability, copyright compliance, appropriateness, quality, and/or any other aspect of the external websites, and that we will not bear any responsibility or liability regarding any content on external websites.
7.4 We do not endorse any advertisement, product, and/or services available on external websites, and we will not be liable for any loss or damage caused to you as a result of reliance on any advertisement, product, and/or service available on external websites.
7.5 External websites that may be accessed from the Site are not necessarily available in all languages or in all countries. We make no representation or warranty that these external websites are suitable or available for use in any specific location. If you choose to access these external websites, you do so at your own initiative and are responsible for complying with all applicable laws regarding such access, including, but not limited to, the local laws applicable to such access.
8. Website Issues
8.1 The Company does not guarantee that the Site will be compatible with any hardware or software you may use, or that the Site will operate without interruptions or errors.
8.2 You agree and acknowledge that the Company is not and will not be liable to you or to any other person for any interruption, error, malfunction, delay, or any other problem that may arise in the operation of the Site and/or the Services, and you further agree and acknowledge that the Company is not responsible for examining or evaluating the quality, reliability, and functionality of the Site and/or the Services.
9. Restrictions on Use of the Site and Services
9.1 You may not use the Site and/or the Services if:
9.1.1 Laws of the State of Israel and/or any other law applicable to you and/or your use of the Site prohibit you from doing so;
9.1.2 Your use of the Site or Services is done in a manner that does not comply with the Terms of Use or any law.
9.2 You may not perform any of the following actions:
9.2.1 Use the Site or Services in a manner not in accordance with the Terms of Use or in violation of any law;
9.2.2 Allow or encourage any violation of the Terms of Use;
9.2.3 Use the Site for commercial purposes;
9.2.4 Copy, reproduce, print, download, or save a copy, publish, display, perform, distribute, transmit, scrape information, extract information from the Site using a crawler or any similar technology, perform reverse engineering, or any other action intended to attempt to derive the source code of the Site and/or any part thereof, adapt, modify, translate or create derivative works, sell, lease, rent, lend, transfer or make available or exploit in any form or by any means, the Site and/or any part thereof (including but not limited to the content), for any purpose;
9.2.5 Remove or change any copyright notices, trademarks, or other notices regarding intellectual property rights of the Company included in the Site;
9.2.6 Use the Site for illegal purposes or to promote illegal activities;
9.2.7 Use the Site to disrupt or interfere (or attempt to do so) with the access of any person, host, or network, including, without limitation, by uploading and/or sending viruses or any code, files, or programs intended to interrupt, destroy, or limit the functionality of any software or hardware;
9.2.8 Do anything that could disable, overload, and/or harm the proper functioning of the Site and/or the Services;
9.2.9 Use the Site to collect and/or store personal data about other users without their consent;
9.2.10 Use content in any other way. You may link to content from the Site provided that: (a) the link is to the homepage of the Site; (b) the site from which you provide links to the Site does not engage in illegal activities or promote racism or other forms of discrimination or pornography; and (c) you agree to cease providing links to the Site immediately upon our request.
9.3 Any use, or attempt to use, the Site and/or the Services in violation of the Terms of Use constitutes a breach of our rights. If you violate the Terms of Use, you will be exposed to lawsuits and liability for damages, and the Company will not bear any responsibility towards you or any third party for such a breach or its consequences.
9.4 We reserve the right to investigate complaints and reports of violations of the Terms of Use and take any action we deem appropriate, including (but not limited to) reporting any activity suspected of being illegal to law enforcement authorities, regulators, or other third parties, and to disclose any information required or relevant to these individuals or authorities concerning you.
10. Privacy and Information Security
10.1 Our use of personal information you provide us through the Site or other content collected by us in connection with the use of the Site is subject to the Privacy Policy of the Site, please read it carefully.
10.2 The user is responsible for taking all measures to protect the hardware and/or software and/or information on the device from which access to the Site is made, while using and connecting to the Site. Similar to other websites, the Site is not fully protected from attacks and intrusions, and its use, and the provision of information through it, necessarily involve risks. By using the Site, the user releases the Company from any responsibility for any damage that may be caused to the user due to access to and/or use of the Site.
11. Consent to Receive Promotional Materials
We would like to send you occasional updates and offers regarding the Company’s services and products. By providing your details to the Company, registering for the newsletter, or purchasing products or services from it, you agree to receive service notifications and promotional messages from the Company via email, text messages, and any other media. You can withdraw your consent at any time and thus prevent further receipt of publications. For additional details and information, please contact us using the contact details in Section 15 below.
12. Liability
12.1 To the fullest extent permitted by law, the Site and the Services are provided "as is" and "as available", without any warranty and/or liability of any kind. The Company shall not bear any responsibility and/or liability of any kind for damage caused to the customer and/or any third party in connection with the Site and/or the Services and/or the information presented on the Site. Without limiting the generality of the foregoing, the Company shall not be liable for any commitment and/or representation regarding the Site and/or the Services and/or the products, their quality, and/or their characteristics, whether explicitly or implicitly provided and/or arising by law, including but not limited to any commitment of accuracy and/or completeness of content, information and/or data contained on the Site, availability, usability, security, reliability, and/or non-infringement of third-party rights and/or liability for merchantability or fitness for a particular purpose and/or for delay in delivery of products, and in any case, the compensation to which the customer and/or any third party is entitled shall not exceed the price of the product.
12.2 In addition to the above, the Company does not guarantee that the operation of the Site and/or the Services will be uninterrupted and/or error-free, that defects on the Site and/or in the Services will be corrected, that the Site and/or the Services will be free of attacks, viruses, disruptions, breaches and/or any other event that could compromise their security, and shall not be responsible for any disruption, interference or delay that may be caused by these factors or other factors.
12.3 You hereby agree and acknowledge that the risk from using the Site and the Services and its consequences is solely yours and that such use is at your sole responsibility.
12.4 You are solely responsible and liable, and the Company bears no responsibility and/or liability towards you and/or any third party for any breach of your obligations under the Terms of Use and for the consequences of such breach (including, but without limitation, any loss and/or damage caused to the Company).
12.5 Advice or information, whether orally or in writing, that you received from us through the Site or otherwise, shall not create any liability on our part not expressly specified in the Terms of Use.
12.6 To the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, suppliers, or affiliated companies be liable to you or any third party for (a) any direct, indirect, and/or consequential damages of any kind (b) for loss of profits, loss of income, loss and/or damage to data, loss of use, damage to reputation, in connection with and/or arising, directly or indirectly (I) from your access and/or use, inability to use or reliance on the Site, content and/or the Services; (II) defects, errors, omissions and/or other inaccuracies in any content included on the Site; (III) any other matter relating to and/or arising from the Site and/or the Services and/or access and/or use thereof, even if the Company anticipated and/or should have anticipated the damage, and/or (c) to third-party claims (including, but without limitation, other users of the Site and/or the Services) against you.
12.7 The user is solely responsible for any damage caused to them, direct, indirect, and/or consequential, as a result of using the Site and/or the Services, and hereby releases the Company and/or its representatives, unconditionally, from any demand, claim and/or lawsuit in this regard.
12.8 Without affecting the foregoing, in no event shall the Company be liable for damages exceeding the price of the products ordered and paid for by the customer or user on the Site.
13. Indemnification
13.1 You shall indemnify the Company and all its officers, directors, employees, suppliers, and affiliated companies for any damages, losses, and expenses of any kind (including reasonable attorney's fees) in connection with any demand, claim and/or lawsuit by any user and/or any third party (including, but without limitation, other users of the Site and/or the Services) against the Company, arising directly or indirectly, from your use of the Site and/or any breach of the Terms of Use by you.
14. Termination of Engagement
14.1 These Terms of Use shall remain in effect until canceled by the Company.
14.2 Without derogating from the Company's right to cancel these Terms of Use as set forth in Section 13.1 above, the Company, at its sole discretion and without prior notice, may terminate the engagement with you under these Terms of Use if you fail to comply with one or more provisions of these Terms of Use, without prejudice to the Company's right to indemnification for its damages and any other rights or remedies.
14.3 Upon cancellation of the Terms of Use for any reason, you shall not be permitted to use the Site and the Services.
14.4 In the event of cancellation of the Terms of Use for any reason, the provisions that by their nature continue to apply after cancellation, including, but not limited to, the provisions of Sections 5, 6, 10, 11, 12, 13, 14, 15, and 16, shall remain in effect.
15. Governing Law and Jurisdiction
15.1 These Terms of Use, their interpretation, and their enforcement shall be governed by Israeli law only.
15.2 The competent courts to hear any dispute and/or controversy arising from and/or related to the Terms of Use are the courts in Tel Aviv-Jaffa, and these courts shall have exclusive jurisdiction over any matter related to and/or arising from the Terms of Use, and the parties expressly waive the jurisdiction of any other court. Notwithstanding the foregoing, the Company may initiate proceedings in any competent court to obtain injunctive relief, urgent preventive measures, or other appropriate remedies, if necessary to effectively enforce the Company's rights under these Terms of Use.
16. Address and Notifications
Any question or other inquiry to the Company regarding the Services should be directed to us at the following address: contact@barth.co.il
17. Divers
17.1 Headings and Interpretation. The headings of the sections in the Terms of Use are for convenience only and may not be relied upon in interpreting or construing the Terms of Use. In the Terms of Use, unless the context otherwise requires or it is expressly stated otherwise: the words "including" and "including" shall not be interpreted restrictively.
17.2 Entire Agreement. The Terms of Use constitute the entire agreement between the parties and supersede any prior understanding, agreement, or representation given by the parties or between the parties related to the subject matter of the Terms of Use.
17.3 Changes to the Terms of Use. The Company reserves the right, at any time and from time to time, without any liability on the part of the Company or notice to you, to change any of the provisions of the Terms of Use. We will publish a notice on the Site about significant changes to the Terms of Use and such changes will take effect seven (7) days after the publication of such notice. Any other changes will take effect immediately upon their publication on the Site. Your continued use of the Services will be deemed your consent to any such changes or amendments.
17.4 Severability. If a competent court determines that any provision of the Terms of Use is invalid or unenforceable, such provision shall be interpreted, limited, amended, or deleted to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of the Terms of Use shall remain in full force and effect.
17.5 Waiver. A waiver of any right under the Terms of Use by the Company shall be valid only if given in writing and signed by an authorized representative of the Company. A waiver by the Company of any prior or existing right arising from a breach or failure to perform shall not be considered a waiver of any future rights arising from the Terms of Use.
17.6 No Partnership. Nothing contained in the Terms of Use shall be interpreted as creating a partnership, joint venture, agency, or similar relationship between the Company and you, nor shall you be granted any right, authority, or permission (express or implied) to bind or otherwise create any obligation of the Company.
17.7 Assignment. You may not assign or transfer in any other way your rights and/or obligations under the Terms of Use, and any assignment or transfer shall be void. The Company may assign and/or transfer any or all of these Terms of Use, in whole or in part, to any third party in connection with a merger, acquisition, asset sale, by law, or otherwise. The Terms of Use shall be binding upon and inure to the benefit of the parties to the Terms of Use and their permitted assigns.
17.8 Third Party Beneficiary. The Terms of Use do not create any obligation of any party to any third party, and shall not be deemed to confer or create any rights or causes of action to any third party.
Last updated: January 1, 2023.