regulations

1.1. Welcome to the website Diva.co.il (hereinafter: “the Site”).

The site is managed by Studio Diva (hereinafter: “the management/site management”), and serves as an online store for the sale of women’s sportswear and accessories. If you have any questions and/or clarifications and/or inquiries regarding the site or the products offered on it, you can contact customer service directly at the email address that appears on the site.

1.2. The terms of use stated below will apply to all use of the site and to any purchase made thereon, and will constitute a binding agreement for all purposes between the surfers and the site management. If you do not agree to the terms of these terms of use, you are requested not to make any use of the site.

1.3. In addition, it is clarified that browsing the site and/or purchasing products thereon constitutes your consent to accept and act in accordance with the provisions of these Terms of Use and constitutes your declaration that you and/or anyone on your behalf will not have any claim and/or demand and/or claim against the site and/or any of the site owners and/or its employees in relation to the terms and provisions of use.

1.4. The website management reserves the right

Change these terms of use from time to time, at its sole discretion, without the need to provide any prior notice.

1.5. Wherever in these regulations the feminine is used, the masculine and plural are also meant by implication.

1.6 The business address is Ametz 13, Tel Aviv-Yafo

*Terms of use of the website*

2.1. All prices appearing on the site on the products are stated in new shekels. Prices include VAT, to the extent applicable by law, and do not include shipping fees. The site management may update product prices from time to time and shipping rates without any prior notice. The price valid in relation to the order placed on the site is the price published at the time of completion of the ordering process.

2.2. The site management tries to be careful and update the product prices and shipping fees that appear on the site in real time. However, it is clarified that the prices are updated from time to time "online" and therefore a temporary gap may arise between the price at the time of collecting the product (which appears in the shopping cart) and the price that appears at the time of completing the ordering process. For the avoidance of doubt, it is clarified that the site management will not bear any liability arising from and/or related to the aforementioned price gaps.

2.3. The site management does not undertake to maintain inventory of all the products whose images appear on the site, and that the images on the site are intended for illustrative purposes only. It should be emphasized that there may be differences in color and/or dimensions and/or other changes between the appearance of the product on the site and the appearance of the product in reality.

2.4. The site management reserves the right to offer you promotions, benefits and discounts within the site at its sole discretion. The site management may also discontinue these promotions, benefits and discounts at any time, replace them and/or change them without any prior notice.

2.5 *No multiple promotions / discounts / use of a coupon code will be given on the surplus/outlet collection (hereinafter: "OUTLET"), in addition, this collection will not participate in existing promotions on the site and the extended exchange service.

2.6. In second item sales at X% discount, the discount will apply to the cheapest item among the products in the basket and is not determined by collection name. Valid on every second item.

2.9. Promotions/discounts do not apply to accessory products.

2.7 Gifts and/or benefits received as a result of a certain shopping basket value are not affected by products from the Accessories Collection and the Extended Exchange Service.

2.8. Two coupon codes cannot be entered on the same order.

*Kosher to use the site*

3.1. Every surfer is entitled to place orders and purchases on the site. It is clarified that you are entitled to use the site for personal and non-commercial purposes only. Furthermore, you may not use any content, text, names or any other material that appears and/or will appear from time to time on the site or in any marketing or advertising material of the site (hereinafter: "the content"), and you may not allow others to use it as stated above.

3.2. You may choose a password and username for making repeat purchases on the site. The site management reserves the right not to approve a username that it believes is inappropriate, misleading or offensive. The site management also reserves the right not to approve a surfer's order for any reason and at its sole discretion.

*Product Orders*

4.1. Purchase of products will be made by clicking the "Add to Cart" button next to the desired item (where the number of items selected and the total purchase amount will appear on the left side of the screen).

4.2. If an item has different types such as colors and sizes, a window will open where you can select the desired type. When you have finished selecting the items, click on "Shopping Cart", where you can check and update the shopping cart. Next, you must select a shipping address and shipping type. It is clarified that you can register your credit card information on this secure page.

4.3. In order to ensure that the order is processed promptly and without any problems, you must ensure that all the details required on the site are provided accurately, including name, address, email, telephone number and credit card number. These conditions are necessary for the order to be processed. After the order is confirmed by the credit card company, the operation will be approved and the product will be sent to you. To remove any doubts, it is clarified that the details as entered in the site management computers will constitute conclusive and final evidence of the correctness of the course of action.

4.4. In the event that the transaction is not approved by the credit companies, you will receive an appropriate notification. It is clarified and emphasized that an action will be considered complete only after the credit companies have approved the transaction. Shipping dates will be calculated from this date only.

4.5. It is clarified that confirmation of the purchase action on the site is subject to the product being in stock at the time of the order and there may be situations in which, although a certain item is shown on the site as being in stock, it is actually not in stock and cannot be supplied. In these situations, the transaction will be canceled and you hereby waive any claim and/or demand in this regard. If a payment has been made, it will be returned to you in the same manner in which it was paid.

*Cancellations and Returns*

5.1. You are entitled to cancel any transaction and order products in accordance with the provisions of the Consumer Protection Law, 5741 - 1981 and the regulations that follow thereunder regarding the cancellation of a transaction. For the avoidance of doubt, it is clarified that the law stipulates that cancellation will only be made if the product remains in its original packaging and that it has not been damaged and/or used. The cancellation fee is 5% or 100 NIS, whichever is lower. It is emphasized that no financial credit will be given for items for which no monetary consideration was paid, such as promotions and gift vouchers. According to the law, you, the orderer, will be responsible for the costs of return shipping.

5.2. It is clarified to you that the return of the consideration, in accordance with the Consumer Protection Law, will be on the date of cancellation of the transaction, as far as possible or on the closest date thereto and no later than seven business days and will be made in the same manner in which the payment was made; if the payment was in cash, the return of the consideration will be in cash or by cash check; if the payment was by credit card, the Company will cancel the charge and if the Company's account is credited, the Company will refund you the amount credited in cash or by cash check or will notify your credit card company of the cancellation of the transaction and the credit card company will immediately credit your credit card with the amount charged; if your credit card could not be credited as stated, the Company will refund you the consideration in cash or by cash check.

If the customer approves, it will be possible to make a financial credit via bank transfer and/or gift card on the site.

5.3. It is emphasized that no monetary credit will be given for items for which no monetary consideration was paid, such as promotions and gift vouchers. It is clarified that if the transaction is canceled in full, then you must return all the products you purchased plus the gift and/or benefit and/or promotion that was granted to you. According to the law, you, the customer, will bear the costs of the return shipment (the company will be entitled to offer you discounted shipping options without this obliging it to bear these costs). It is clarified that if you paid for the transaction using purchase notes, a gift voucher or a magnetic card, it is claimed that then it is not possible to cancel the transaction.

5.4. It is clarified that the return of a product that has been damaged and/or spoiled and/or suffered any damage and/or its packaging has been damaged so that its condition has changed for the worse, is subject to the right of the site management to claim damages for this. The site management will have the sole discretion as to the condition of the returned product. It is clarified that with regard to exchanges, then items can be exchanged according to the full monetary value for which you made the purchase (it is emphasized that a product that was purchased at full price cannot be exchanged for a product "on sale").

5.5. Any cancellation of a "Gift Card" purchase will be carried out in accordance with the Consumer Protection Law, when it will be possible to cancel the purchase of the voucher within 14 days only and only if the voucher has not been redeemed. In such a case, a credit will be received in your account, minus a cancellation fee of 5% of the transaction price or 100 NIS, whichever is lower. For the avoidance of doubt, it is clarified that if the voucher was sent to you by mail, it must be returned closed and in its original packaging. Upon cancellation of the transaction, the voucher will be canceled and can no longer be redeemed at the business.

5.6. The site management will be entitled to cancel any transaction, in whole or in part, if the offer contains an unusual and obvious typographical error, whether in the price of the product or in the product description, or if it is discovered that a communication failure and/or technical problem has occurred and/or in the event of force majeure and/or if the product is out of stock.

5.7. It is clarified that product exchanges can be made easily and quickly through our customer service.

*Shipping and delivery times*

6.1. The site management will ensure the delivery of each product via a delivery company for each purchase within the time specified on the product's sales page unless otherwise stated.

6.2. Product delivery times only include the calculation of business days (Sunday to Thursday, excluding Fridays, Saturdays, holiday eves and holidays).

6.3. It is clarified that the site management will not be responsible for any delay in the delivery of the product, including in all cases related to the following: war, hostilities, epidemic, emergency and natural disasters, strike by suppliers or delay in ordering goods necessary for the production and/or transportation of the products, any reason beyond the control of the site management and/or any reason related to the delivery operation.

6.4. Pre-ordering of products – Delivery of pre-ordered products will be carried out according to the site management procedures. It is clarified that in light of the nature of the pre-order, there may be delays in delivery times that are beyond the control of the site management, but the site management will do its best to deliver the products within a reasonable time thereafter.

*Release of Liability*

8.1. The Site, its content and any other services provided through it are all available to you as they are and as they will be available. Use of the Site is at your sole risk.

8.2. Without prejudice to the generality of the foregoing, the site management shall not bear any liability whatsoever, including, but not limited to: any liability arising from the availability, accuracy, currency, reliability, morality, or the possibility of using the content and/or products on the site, any representation regarding ownership and/or other proprietary rights, representations regarding non-infringement, representations regarding merchantability and/or fitness for any purpose, representations arising from the course of trade and/or use.

8.3. The above clause shall apply, without derogating from the generality of the above, also, but not only, with respect to any damage and/or liability and/or expense, of any kind, direct and/or indirect, that may be caused to you and/or any other person and/or corporation as a direct and/or indirect result of any error, omission and/or defect in the content and/or any failure to act, error, omission, interruption, defect, delay in action and/or transmission, computer virus, spyware, communication failure, theft and/or destruction and/or damage to the record, unauthorized access and/or use of the record, including, but not limited to, for a cause based on a contract, a tortious cause, negligence, defamation and/or any other cause, of any kind, under any law and/or agreement.

8.4. It is clarified and agreed that the site management will not be responsible for any case of loss or theft or damage to the shipment that may be caused (God forbid) to the products or packaging after the customer has authorized in writing the delivery company to leave the package at a place of her choosing or to someone on her behalf (i.e. without delivering the products directly).

*Intellectual Property*

9.1. All intellectual property rights on the Site, including without limitation, copyrights, patents, trademarks and signs of any other kind, trade names, design rights, moral rights, rights in information, models, patents, trade secrets (hereinafter: "Intellectual Property Rights"), arising from and/or relating to the Site and/or the products, including, without limitation, any text, material and images on the Site, are the exclusive property of the Site Management, or of a third party that has authorized the Site Management to use it, and are protected as such by Israeli and international law.

9.2. It is strictly prohibited to copy, distribute, publicly display, transfer, modify, process, reproduce, translate, sell, rent or send to a third party the intellectual property rights on the site. Furthermore, nothing stated on the site or in the content appearing on it constitutes permission and/or license and/or right to use the intellectual property rights of the site management.

9.3. Nothing stated on the site or in the content, expressly or indirectly, constitutes a permission and/or license and/or right to use the intellectual property rights of the site management without prior written permission from the site management.

9.4. The Site may include names, company names, brands, registered or unregistered trademarks, service marks and logos (hereinafter: "the Marks"). These Marks are the property of their owners. Nothing on the Site, directly or indirectly, constitutes a permission and/or license and/or granting of the right to use these Marks without the express written permission of the owners of the Marks and/or the holders of the rights in the Marks in connection with such use.

*General instructions*

10.1. In the event of any inconsistency or conflict between the provisions of these Terms of Use and any other publications, the provisions of these Terms of Use shall prevail for all purposes. There is no and shall be no validity for any information and/or representation provided in this regard, in any other way, except by way of express modification of these Terms of Use and their publication.

10.2. No waiver, refraining from action or granting of an extension given by the website owner shall be deemed a waiver of the website owner's rights under any law. The competent court in all matters relating to these terms of use and/or arising therefrom shall be exclusively the competent court in Tel Aviv and Israeli law shall apply to it.