Welcome to the ILANHALFON ART website (hereinafter: “The Site“); Preamble

1. The Site serves as a platform for displaying and selling paintings and artwork to the Site’s visitors (hereinafter: “Artwork” and “User“, respectively).
2. A prerequisite for purchase validity is credit card company approval of the transaction and collection.
3. The provisions of these Terms of Use will apply to any use and purchase by Site users. The Terms of Use comprise a binding contract between the User and the Site and/or anyone on its behalf, for all intents and purposes.
4. As a prerequisite for an engagement between the parties, please read these Terms of Use fully and carefully.
5. Surfing on the Site and/or purchasing a Work of Art offered therein reflects the User’s consent to accept and act upon the provisions of these Terms of Use. 
6. The conditions of these Terms of Use may vary from time to time and the Site reserves its right to update and/or change and/or cancel them upon its exclusive discretion and the User shall have no demand and/or argument and/or claim toward the Site and/or anyone on its behalf regarding such changes to the Terms of Use.
7. Use of masculine form in the Terms of Use or anywhere else on the Site is intended for convenience only and where it is used in these Terms of Use and/or the site, it shall include the feminine form and vice versa.

Site Use Right/Eligibility

1. Any User who complies with the cumulative conditions set forth below may register to the Site in order to perform purchases:
   1. The User is eligible to perform binding legal transactions, in the manner and scope corresponding with his actual purchases. The User declares and confirms that he is able to perform the purchases and is authorized to engage with the Site.
   2. Where the User is a minor (under 18), the User declares and confirms that the purchase he wishes to perform is of the kind that minors his age may perform and/or that he has obtained the consent of his natural and/or legal guardians thereto.
   3. The User holds a valid Israeli or international credit card issued in Israel by one of the credit card companies (hereinafter: “Credit Cards“).
   4. The User operates an e-mail address on the internet and has an address in Israel.

    Artwork Sold on the Site

1. The Site has a sale page for every work of art offered on the Site. The sale page contains the name and price of the work of art offered for sale.
2. There may be differences between the appearance of the work of art on the Site and its actual appearance, noting artistic photography restrictions. 
3. In most cases, the artwork offered on the Site is one of a kind and available for immediate delivery. If not, the issue will be explained on the sale page. 
4. After placing an order, the buyer will receive an e-mail with the order details. 
5. The prices, terms and any information relating to the artwork appearing on the Site and sales pages are valid to the said date only. Prices presented on the Site include VAT (if applicable) but do not include cost of shipping and/or handling. All prices are quoted on an Ex Studio basis. 

Site Sale Methods

1. Selling through the Site is subject to artwork availability in stock.
2. Completing the sale process is conditioned upon transaction approval with the credit company and subject to the desired artwork’s availability in stock upon completing the sale process. 
3. Transactions exceeding 3,000 NIS are conditioned upon the delivery address and credit card holder’s telephone number being identical to the details held by the credit company and upon Site approval. The Site may, upon its discretion, cancel a transaction regarding which there is concern that the purchase consideration will not be received for any reason whatsoever.
4. Completion of the purchase is conditioned upon the Site sending an order confirmation to the buyer’s e-mail.
5. The binding price for the artwork is the price presented to the buyer upon verifying the transaction details and prior to final approval by the buyer.

Purchase Method

1. Completing all of the required details on the purchasing form is a prerequisite to executing the purchase. To ensure rapid, efficient and fault-free execution of the order, be sure to provide all of the correct and precise details.
2. The customer shall be charged for artwork thereby ordered by credit card and subject to transaction approval by the credit company.
3. The details entered on the Site’s purchase form shall serve as conclusive evidence of their correctness. The customer alone is responsible for completing the correct and precise details. The Site and/or anyone on its behalf are not responsible to any case where the details completed on the purchase form are incorrect and/or incomplete and/or inaccurate and the buyer shall have no claim and/or demand and/or suit in this regard.
4. Submitting false details is a criminal offense and anyone so doing shall face criminal and civil legal proceedings. The Site reserves the right to cancel an order due to the submission of false, partial or inaccurate details.
5. Where the transaction was not approved by the credit companies, the buyer will not receive notice of transaction confirmation and the order shall be considered canceled.
6. For further details and queries, contact customer service directly at ilan@sacks.co.il.
7. The Site enables customers to choose self pick-up by which they will collect the artwork thereby ordered at the address noted on the sale page (13 Raziel St., Ramat Gan).
8. Where the customer choses to receive the artwork thereby ordered by delivery – the package shall be sent to the address noted by the customer according to the delivery times noted by the Site, appearing on the order page, prior to order confirmation subject to prior settlement of courier and cost of packaging, shipping and handling which are not included on the prices of the artworks in the site and shall be borne by buyer. 

Cancellation of a Remote Sales Transaction (orders executed through the Site or telephone only)

1. The right to cancel the transaction shall not apply to perishable goods and products non-returnable by law. 
2. The buyer may cancel the transaction subject to and in accordance with the Consumer Protection Law 5741-1981, including regulations passed by force thereof (hereinafter: “the Law”).
3. After executing the remote sale transaction, the buyer will be issued a document listing the transaction details as required by law (hereinafter: “Transaction Details Form“) to the e-mail address that the buyer entered in the purchase form.
4. Where the Transaction Details Form is not issued and/or not received by the buyer as set forth above, for any reason whatsoever, the buyer shall notify the Site through the contact details set forth in Article 24 above, stating that he did not receive the Transaction Details Form as set forth in this article.
5. Transaction Cancellation Methods
   1. As of the transaction date and until 14 days after receiving the product or the Transaction Details Form, the later of the two.
   2. Disabled individuals, senior citizens or new immigrants may cancel a transaction within four months of execution, receipt of the product or the Transaction Details Form, the later thereof, provided the engagement included a conversation between a Site representative and the said customer (including a conversation by electronic media). The Site may ask the said customer for a certificate, as defined by law, proving that he is a disabled individual, senior citizen or new immigrant, as the case may be.
6. When canceling a remote sale transaction for a reason other than a flaw, the Site may deduct a cancellation fee that will not exceed 5% of the product price or 100 NIS, the lower thereof;
7. Upon canceling a remote sale transaction for a reason other than a flaw, the cost of delivery and returning the product shall be borne by the buyer.
8. A monetary refund shall be issued within 14 days after the Site receives the cancellation notice.
9. In case of a flaw to the artwork, the customer will notify the Site, an examination will be conducted with the customer and, as needed, a date will be scheduled to pick up the artwork. A monetary refund shall be issued according to the law. 
10. A consumer may cancel a transaction of this kind by notifying the Site as required by law, using one of the following method: 
    1. By phone at +972-54-711-0000; 
    2. Via e-mail – Ilan@sacks.co.il;
    3. Registered Mail: 13 Raziel St., Ramat Gan;
11. The customer must list his name and the order number for cancellation in his cancellation notice.
12. Transaction Cancellation by the Site: The Site and anyone on its behalf may cancel a transaction or sale, fully or partially, in the following cases:
    1. Where there was an error in presenting the item on the Site and/or shipping the artwork to the customer, whether in product price or artwork description.
    2. Where a communication and/or any other technical fault occurred, which changed the product price and/or artwork description.
    3. In case of a preclusion and/or delay due to force majeure, such as, without derogating from the generality thereof: war, acts of hostility, terror, cyber terror, intentional or unintentional fault on the Site, strikes and lockouts, unusual natural events, faults in credit card clearance and any other reason that is not due to a Site act or omission and/or in any case in which the Site and anyone on its behalf, upon his sole discretion, decided that there is concern that the purchase is being conducted as part of a wholesale purchase and/or that the artworks are being purchased for resale.
    4. Where the artwork is not in stock.
    5. When there is concern, upon the discretion of the Site and anyone on its behalf, that the consideration for the purchase will not be received.
    6. Where a transaction is canceled under the provisions of these articles, the customer shall not be charged a cancellation fee for the transaction.

Product Delivery

1. The Site will deliver the artworks purchased on the Site to the address entered on the order form within the period set forth on the product sale page, unless explicitly stated otherwise.
2. Where the customer chooses to receive the artwork by delivery, the Site will take measures to supply the product by the chosen delivery method and upon the terms thereof specified when selecting the delivery method, all subject to payment of the full consideration of the purchase by credit card after customer details were verified and the transaction was approved with the credit company.
3. The Site is not responsible for a delay in delivery of the product under circumstances comprising force majeure as set forth in Article 38.2 above and/or circumstances outside of its control.
4. In areas of limited access for the delivery company, the Site may deliver the products to a nearby and acceptable location, all upon prior coordination with the customer.
5. It is hereby clarified that the delivery times to more distant destinations are longer and will be noted on the purchase form. 
6. Product and/or service delivery times, as they appear on the sale page, including business days only- Sunday – Thursday, excluding Friday, Saturday, holiday eves and holidays.
7. Subject to coordination in advance, artworks can be picked up at the address noted on the sale sheet after the transaction is approved by the credit company and a text message is received, stating that the artwork is ready for pickup. In such case, no delivery fees shall apply.
8. Delivery of artworks to the customer’s home, using a delivery company, shall bear a cost set forth in the sale page.
9. In certain cases, an artwork out of stock may appear on the Site due to a delay in updating the Site, but the matter will be discovered after performing the purchase. In such case, the Site and anyone on its behalf will contact the customer, cancel the order and remove the charge in its regard, where the missing product is the only product ordered. 
10. Delivery time is measured as of receiving the Site’s order approval.
11. Buyer details – name, telephone number and invoice – will be verified when delivering the order by self pick-up and by messenger. The customer must present the ID card of the credit card holder who performed the purchase and the invoice in e-mail. The order will be supplied only to the buyer.

Intellectual Property

1. The Site uses cookies (or similar technologies). A cookie is a short text file transferred to your device and saved on the hard disk using the browser. The Site uses cookies, inter alia, for ongoing and proper Site operation, the compilation of statistical details relating to Site use, detail verification, marketing and advertising, adjusting the Site to the customer’s personal preferences, information security and improving the user experience.  By surfing this Site, the user expresses his consent to the Site’s use of cookies and the information stored in the cookies. Modern browsers provide an option of avoiding cookies. If you do not know how to do so, visit the help file on your browser.
2. The Site and the information therein, including Site design, sketches, designs, illustrations, images, photos, maps, video clips, text, graphics, etc. are the property of the Site and/or third parties represented on the Site and they are protected under the laws of Creators’ Rights in Israel, international art and creators’ rights in other countries.
3. Copying, faxing, distributing, displaying, reproducing, creating derivative works, introducing changes or selling any part of the content in the Site is prohibited without prior, written and explicit Site consent.
4. Copying and/or reproducing and/or distributing and/or publishing and/or using the content appearing on the Site and/or taking any action with them, directly or indirectly, which comprise an impairment of the Site’s intellectual property, is forbidden unless the Site so permitted explicitly, in advance and in writing. 

Information Security – 

1. The Site takes customary precautions to retain, to the extent possible, the confidentiality of the information provided by the customers and to prevent unauthorized access to the Site computers. We invest every effort to maintain updated information and ensure proper use of the data. We have implemented physical, technological and electronic measures to secure the information compiled on the Site.
2. The Site takes customary precautions to maintain confidentiality of the information provided by the User. Notwithstanding the above, the Site and/or anyone on its behalf shall not be responsible, in any event, to any damage, direct or indirect, caused to a User and/or anyone on its behalf, due to an impairment of information and/or unauthorized use thereof, including cases outside of the company’s control and/or derived of force majeure.
3. The Site undertakes not to use details relating to Clients registered to the Site except for site operation only and to enable execution of the purchase according to the provisions of the Terms of Use and by law.
4. The customer undertakes not to perform or try to perform: Any change to the Site and/or copy and/or download any material stored on the Site in any manner or method, algorithm or similar manual process and not to download or copy and/or transfer to another any information stored on the Site, which is not intended for downloading and/or transfer and/or not to try to obtain access to transactions performed by others using any measures and/or not to perform any action that may impair the intellectual property of the Site and anyone on its behalf, to impair the privacy of other users, to alter information on the Site and/or damage the Site and/or its users, or any thereof.
5. The customer undertakes not to use the content in any manner violating the law, as follows: Any verbal, visual, audio, audiovisual content or a combination thereof including, but not limited to any image, drawing, photo, illustration, map, graphic, sketch, video clip and files, audio music file, software, computer code, protocol, format, database and any character, symbol or icon.
6. Without derogating from the generality of the above and without derogating from any relief or other proceeding, it is hereby clarified that the Site may prevent access from a User who, upon its sole and exclusive discretion, performed or attempted to commit on the Site any action that violates the law and/or the provisions of these Terms of Use.
7. The following information is required on pages where artwork can be ordered on the Site: Name, address, e-mail, telephone number, etc. Sometimes information relevant to another person may be entered, for example, when ordering a gift for another person, not his name, ID. No., e-mail address, address, telephone number, etc.
8. We use the information submitted toward executing an order for a product, service or information, solely for the said task and those derived thereof. The information is not transferred to any other factor. Information provided about a person in order to send a gift is used for that purpose only.
9. We use non-identifying information, i.e. information that cannot be related to a specific person, to improve the Site and update our commercial conduct and services, where such information may also be transferred to other factors, including our advertisers. 

Intellectual property

1. The Site and the content therein are protected by laws of Creators’ Rights in Israel, international art and creators’ rights laws in other countries. The Site exclusively holds the creators’ rights for the content appearing on the Site. 
2. Users may use the Site content in a fair and reasonable manner, pursuant to the rules set forth by law and for personal reasons only. The User shall not change, photograph, photocopy, publish, duplicate, store in a database, grant a use license, record, receive or broadcast in any way or any optic, electronic, mechanic or other means, except upon prior written approval from the Site or anyone on its behalf.
3. The User undertakes not to take any action that may impair the Site and/or the content appearing therein and/or other users and/or servers and/or networks related to the Site.
4. It is hereby clarified that the User shall have no claim and/or demand and/or suit for changes performed on Site and/or faults, if any.

General

1. The Site and/or anyone on its behalf shall not be liable and shall not bear any direct, indirect, consequential or special damage caused to a user or third party by using or purchasing through the Site, whatever the grounds for the claim, including lost income and/or precluded profit caused for any reason whatsoever.
2. The Site’s computer records regarding transactions performed through the Site will comprise evidence of transaction correctness.
3. The Site reserves the right to change the terms of use at any time according to the provisions of law. The latest version is the binding version.
4. The law governing the Terms of Use, its interpretation, validity, applicability and enforcement is that of the State of Israel only. 

 

1. Any dispute or conflict relating to the Terms of Use, its execution, interpretation, applicability or validity shall be submitted, exclusively and finally, to arbitration conducted at the Israel Institute of Business Arbitration, upon its rules, excluding the authority of any other judicial or or other quasi judicial instance.
2. Where, by law, the ruling is that the matter will be submitted to another judicial and/or quasi-judicial instance, authority shall be granted to a competent court in the central region only. Only the laws of the State of Israel shall apply.