“THE A BRAND” TERMS & CONDITIONS 

 

LEX LIFE LTD, Number 516538931 (the “Company”) welcomes you and thanks you for choosing to browse our website at: www.theabrand.com (the “Website” or the “Site”). 

The company specializes in development of advanced nutritional supplements in the fields of beauty and wellness. The supplements are produced in Israel, approved by the Ministry of Health in Israel, and contain natural ingredients.

 

The Website was created with the main goal of providing a convenient platform for visitors and customers to view and/or purchase nutritional supplements and complementary products, such as supplements to prevent hair loss, supplements for stress relief and pressure, hair care products, silk gumdrops, brushes, unique clips for hair and more (the “Products”). The website provides information about the products, frequently asked questions regarding the products and their usage, and other content (the “Content”).

1. AGREEMENT TO TERMS:

1.1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and the Site (“we”, “us” or “our”), concerning your access to and use of the Site as well as any other media form, media channel, mobile website or website related, linked, or otherwise connected thereto. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions (“Terms and Conditions”). 

1.2. In the event of inconsistency between any terms of this contract and any translation into another language, the Hebrew version will control and prevail on any question of interpretation or otherwise.

1.3. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change.

1.4. The Site is intended for users who are at least 18 years of age.

1.5. These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law. 

2. USER REPRESENTATIONS:

2.1. By using the Site, you represent and warrant that: (1) Each and every use of the Site is for your own risk and responsibility; (2) all registration information you submit will be true, accurate, current, and complete; (3) you will maintain the accuracy of such information and promptly update such registration information as necessary; (4) you have the legal capacity and you agree to comply with these Terms and Conditions; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

2.2. We have the right to refuse any and all current or future use of the Site. Without Limiting the generality of the Foregoing, if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to block your access and refuse any and all current or future use of the Site (or any portion thereof). 

2.3. These Terms and Conditions shall remain in full force and effect while you use the Site. without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. we may terminate your use or participation in the Site and any content or information that you posted at any time, without warning, in our sole discretion.

3. PERMISSION FOR DISTRIBUTION, PUBLICATIONS AND ADVERTISEMENT:

3.1. Any user who leaves details on the site and is added to the site’s mailing list, approves the use of their details for the purpose of receiving marketing information, updates and advertisements that the site will send from time to time.

3.2. It is clarified that users who have provided details on the company’s old website at www.fill-it-hair.com are automatically added to the website’s mailing list. Henceforth, they will receive marketing communication from the new email address of the site. A user who does not wish to continue receiving marketing communication from the site may remove themselves from the mailing list at any time by sending a request to the website or by clicking the “Unsubscribe” button at the bottom of each communication sent to the user.

3.3. A user who has provided such details will be subject to the mailing instructions detailed in the Terms and Conditions hereinafter.

3.4. It is prohibited to leave details of another person on the site without their consent and / or without their presence in front of the screen while leaving the details and without explaining all the Terms and Conditions to them.

3.5. When leaving details on the site, the user will be asked to provide personal information such as: first name, last name and an active e-mail address. Providing partial or incorrect information may prevent the user from using the site’s services and prevent the site from making contact if necessary. In case of a change in any of the information provided by the user, the new information must be updated on the website.

3.6. It is clarified that there is no legal obligation to provide details on the site however without their submission it will not be possible to receive marketing content and updates from the site.

3.7. The site will not use the information provided except for in accordance with the site’s privacy policy which is an integral part of this Terms and Conditions.

3.8. Leaving details on the site and consent to receive marketing content includes, among other things, receiving marketing content, promotions, updates and discounts offered to registered users.

3.9. Mailing approval (receiving of marketing content) as aforesaid, constitutes the user’s consent to the submission of advertisements in accordance with the Communications Law (Bezeq and Broadcasting) (Amendment No. 40) – 2008 (the “Communications Law”).

3.10. It is clarified that the user has the option to remove himself from the site’s mailing list at any time by clicking on the button “Unsubscribe” that appears at the bottom of any e-mail sent by the site, or by emailing the site stating that they wish to be removed from the mailing list. As long as the user has not removed himself from the mailing list, the site may transfer direct mail to the user subject to the Communications Law.

3.11. Mailing information should not be construed as a promise of any outcome and / or warranty for the service offered therein.

3.12. Mailing as a whole, including all the information contained therein, is offered as is, and will be as accurate and correct as possible, however, the information may not be complete and technical or other errors in the information could happen.

3.13. The user confirms that he will not have any claim in connection with mailing advertisements and / or advertisements displayed on the website, including their location on the website. It is clarified that with regard to advertisements displayed under the auspices of a third party, the site has no interference in the selection of the advertisements displayed, the truth of their content and the order in which they appear.

4. FEES AND PAYMENTS:

4.1. Prices, availability, and other purchase terms are subject to change. The Site reserves the right without prior notice to discontinue or change specifications and prices on the products offered on and outside of the Site without incurring any obligation to you. 

4.2. You are responsible for providing true, accurate, current, and complete information when ordering products through the Site or otherwise. If you use the Site or other means to purchase a product, payment must be received prior to acceptance of an order. The Site may need to verify information you provide before accepts your order, and may cancel or limit your order any time after it has been placed. If payment has already been made and your order is cancelled or limited, The Site will refund any payment you made for the order that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.

4.3. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the product you have purchased, you agree that we may, at our option, suspend or terminate delivery of order and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

4.4. Purchases of products through the Site may be subject to other terms and conditions that are presented to you at the time of purchase.

4.5. All International taxes and additional fees associated with the products, which are not Israeli taxes, will apply to the customer and the customer will have no complaint on the matter.

5. PROMOTIONS AND DISCOUNTS:

5.1. From time to time, the website will offer promotions and various discounts to registered users and purchasers on the site.

5.2. The website is authorized to offer promotions and discounts as mentioned, and to change, suspend, or update them at any time, all at its discretion.

5.3. The website may limit the discounts and/or promotions only to registered users on the site and may also exclude specific product categories from receiving a discount, at its exclusive discretion.

5.4. In a promotion and/or discount on more than one product, the promotion and/or discount will apply to the cheaper product among them. In the case of redeeming the promotion/discount more than once, it will apply to the least expensive items in the order.

5.5. Unless expressly stated otherwise in writing, there is no stacking of discounts and/or promotions unless explicitly specified otherwise.

5.6. The promotions and discounts displayed on the site are valid for purchase on the site only, unless expressly stated otherwise in writing.

5.7. In the event of canceling a transaction for a product purchased as part of a promotion or using a discount, the refund to the customer, if entitled to a refund, will be the actual amount paid (i.e., after the promotion is redeemed).

5.8. Cancellation and/or replacement of a product purchased as part of a promotion or with a discount will be subject to the cancellation policy below.

6. COUPON CODES:

6.1. The website may, from time to time and at its discretion, issue coupon codes that grant a predefined discount based on the information published alongside the coupon code (The “Coupon Code”).

6.2. The Coupon Code is valid for a one-time use and a specified period, for purchases on the website only. Redemption of a coupon code more than once per transaction is not allowed, and multiple coupon codes cannot be used in a single transaction.

6.3. The Coupon Code cannot be converted into another discount and/or benefit and/or exchanged for monetary value.

6.4. The validity of the Coupon Code is limited to the specified time as detailed in the accompanying publication of the Coupon Code and/or in the email and/or SMS sent to the customer.

6.5. A Coupon Code not utilized within its specified validity period will be void, and customers will not be entitled to any discount and/or benefit within its framework. In this matter, the customer shall have no claim against the website for the cancellation of the Coupon Code.

6.6. The purchase using coupon codes and their usage are subject to this Terms and Conditions.

6.7. Coupon code redemption will be use by entering the code in the designated place on the purchase page of the website. The discount granted by the Coupon Code will be displayed automatically after entering the Coupon Code.

6.8. In the case of canceling a transaction for a product purchased using a coupon code, the refund to the customer, if entitled to a refund, will be the actual amount paid (i.e., after the Coupon Code is redeemed), and subject to the cancellation policy below.

6.9. The website reserves the right to change and/or update and/or amend and/or immediately cancel, for any reason whatsoever and at its sole discretion, the Coupon Code and/or its validity and/or the discount rate granted by the Coupon Code and/or the terms of use of the Coupon Code, by posting a notice on the website and/or in the terms and conditions. Such notice shall serve as sufficient notice, and customers shall have no claim and/or demand and/or request against the website regarding the above.

6.10. For any questions and/or clarifications regarding coupon codes and/or their redemption, customers can contact the website using the contact details specified in the terms and conditions.

7. SHIPPING POLICY:

7.1. Orders placed on the site will ship to the address provided by the customer and/or to any other location agreed upon by the parties while placing the order.

7.2. Shipping of products will be supplied and delivered within 5 business days by courier.

7.3. “Business day”- any day except for any Friday, any Saturday and any day which is an Israeli holiday or any day on which the Israeli banking institutions are authorized or required by law or other governmental action to close.

7.4. The shipping cost is not included in the price of each product. The shipping cost may be updated from time to time in accordance with what is stated when placing the order on the website.

7.5. The site may set a minimum amount for ordering on the site.

7.6. In the event that a product ordered on the Site is out of stock at the time the order is placed, the Site will contact the customer. If the customer cannot be reached, the Site will ship the order without the product which is out of stock.

7.7. In the event that the customer is not present at home during the pre-coordinated delivery time, the order will be returned and reshipped after the customer pays additional shipping fees.

7.8. If the customer specifies in the order or subsequently agrees that the order will be left at the door or with a neighbor whose name is provided in the order, the exclusive responsibility arising from leaving the products at the door or with the neighbor, as mentioned above, will be on the customer.

7.9. The order will be shipped according to the following terms:

7.9.1. there is reasonable access to the location which the order is being shipped;

7.9.2. if the order is being shipped to an organization, institution or settlement that cannot be reached without special authorization and/or does not have marked streets and/or marked house numbers, the order will be delivered to the distribution point of that same location.

7.10. The Site will not be held responsible for any delay and/or problem with the shipment of orders caused by the following terms:

7.10.1. force majeure and/or events that are out of the Site’s control;

7.10.2. for reasons related to the shipping provider;

7.10.3. holidays and/or periods leading up to holidays, including the months of November and December during which shopping holidays and sales are held;

7.10.4. an economy close, so that the Site’s operations and/or the Site’s suppliers and/or service providers are impaired for whatever reason.

8. RETURN, EXCHANGE AND CANCELLATION POLICIES:

8.1. Request for refund, exchange or cancellation of an order will be submitted to the Site by the customer in one of the ways stated at the bottom of this Terms and Conditions.

8.2. Customers are eligible for refunds, exchanges or cancellations of orders within 14 business days from receipt of order for orders inside the state of Israel.

8.3. Refunds will be credited to the original form of payment, according to clearing company and the credit card company, and subject to the arrival of the product to the Site’s address.

8.4. In the event that a refund, exchange or cancellation is requested by the customer after the period above, the request of a refund, exchange or cancellation will be subject to the Site’s sole judgement.

8.5. Refunds, exchanges or cancellations will be approved after the customer receives a written message of approval from the Site.

8.6. In the event that a refund, exchange or cancellation is approved by the Site for reasons not including product defects:

8.6.1. The customer must return the product to the site when he is in the condition in which he received the product, without any damage or defect;

8.6.2. the product will be returned with the original receipt or proof of purchase;

8.6.3. the expense of return will be paid for by the customer;

8.6.4. a return fee of 100 NIS or 5% of the price of the product will be charged (to be determined by the cheaper option);

8.7. exchanges will be supplied and delivered according to the site shipping policy and shipping costs.

8.8. In the event that a refund, exchange or cancellation is approved by the Site due to a product defect, the Site will hold sole responsibility for collecting or exchanging the products.

8.9. The Site will examine all defective products. In the event that the Site finds the product to be valid, refunds will not be approved and the product will be shipped back to the customer after an additional shipping fee has been paid by the customer.

8.10. The aforesaid above is subject to the Israeli Consumer Protection Law, 1981. 

9. DISCLAIMER AND LIABILITY:

9.1. The information appearing on the Site should be not construed as a promise of any result and/or responsibility for the activity of the products sold on it. The Site will not be responsible for any damage, direct or indirect, which will be caused to the user as a result of relying on information appearing on the Site and/or links to other sites and/or any other source of internal and/or external information and/or use of products displayed by Site.

9.2. The information and content presented on the website are informative and general in nature, provided as a tool for self-learning and enrichment only. Any action taken as a result of them will be the sole responsibility of the customer.

9.3. The information and products displayed on the website are not provided as a substitute for medical, professional advice, treatment, or recommendations. They should not be regarded as treatment, advice, or recommendations from qualified professionals, such as doctors, Dietitians or similar.

9.4. Relying solely on the product description or details appearing on the website is not advised. It is essential to thoroughly read the product label and consumer leaflet (if available) before using it, and the responsibility lies with the user’s need for the product. In case of unwanted side effects or allergic side effects, stop using the product and consult a doctor immediately.

9.5. The products presented on the website are not medications or substitutes for medications and are not defined for the treatment or prevention of diseases. 

9.6. For sensitive populations such as pregnant women, infants, and children, it is recommended to consult a doctor before using the product.

9.7. The use of the information presented on the website and the products sold therein is solely at the customer’s own risk, and they shall have no claim against the website, its managers, employees, or representatives. They will not be directly or indirectly responsible for any damage, including bodily harm, property damage, or any other loss, resulting from the use of the content and products displayed on the website, even if the website cautioned, recommended, or advised on a specific matter or product. In no case shall the website serve as a substitute or assume responsibility for the customer. The customer bears the responsibility and all risks and liabilities for damage and harm to their body, property, and/or the property of third parties arising from the use and/or non-use of the content and products.

9.8. The liability for a defective or faulty product is limited to the replacement of the product or the value of the product. The website’s total liability for any product shall not exceed the purchase price of that product.

9.9. Without detracting from the above, reading the website’s terms and conditions does not constitute medical instruction, guidance, or advice. The provisions in this Terms and Conditions should not be considered a substitute for meticulous adherence to the instructions for use appearing on the product packaging and/or in the consumer leaflet.

9.10. The images of the products on the Site are displayed for illustration purposes only. There may be differences in appearance, in color, in size, etc. between the product as shown on the Site and the product that will be provide to customer. Scribal errors in product description and/or price will not charge the Site. 

9.11. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.

9.12. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. 

9.13. The Site recommends that users should behave as intelligent and careful customers, and read carefully the information displayed on the Site, including the information in relation to the product itself, its description and suitability, as described on the Site.

9.14. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

10. PROHIBITED ACTIVITIES:

10.1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

10.2. As a user of the Site, you agree not to:

10.2.1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

10.2.2. make any unauthorized use of the Site, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email by automated means or under false pretenses;

10.2.3. steal and/or copy and/or make any use of the designs and/or ideas of products on the website;

10.2.4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;

10.2.5. trick, defraud, or mislead us and other users;

10.2.6. make improper use of our support services or submit false reports of abuse or misconduct;

10.2.7. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

10.2.8. attempt to impersonate another person;

10.2.9. use any information obtained from the Site in order to harass, abuse, or harm another person;

10.2.10. use the Site as part of any effort to compete with us;

10.2.11. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;

10.2.12. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;

10.2.13. delete the copyright or other proprietary rights notice from any Content;

10.2.14. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

10.2.15. upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including use of spamming, that interferes the enjoyment of the Site;

10.2.16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;

10.2.17. use the Site in a manner inconsistent with any applicable laws or regulations.

10.3. Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site. 

11. MODIFICATIONS AND INTERRUPTIONS:

11.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. 

11.2. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. 

11.3. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. 

12. INTELLECTUAL PROPERTY RIGHTS:

12.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, application, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.

12.2. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

12.3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.

13. GOVERNING LAW:

13.1. These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict of law principles. 

13.2. Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted to the courts in the State of Israel, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience. 

14. PRIVACY POLICY:

14.1. In order to provide you service, we may use your personal data, such as, inter alia, information about your use of the Site, and information about your mobile device  or computer (“Personal Information”). The Personal Information may be collected and used to:

14.1.1. provide services to you and improve the Site and/or the services;

14.1.2. ensure proper performance of the Site;

14.1.3. analyze and manage our businesses;

14.1.4. improve our customer service;

14.1.5. contact you or provide you with relevant data with regard to the Site or the services.

14.2. Each time you use the Site, we may automatically collect certain types of information. Some examples of automatic information we may collect are as follows:

14.2.1. we may record your internet service provider’s address, your internet protocol or IP address and the type of handheld or mobile device.

14.2.2. we may collect a record of your activity or your “clickstream” while visiting the Site.

14.2.3. we may use “cookies” of different types to recognize your computer or mobile device. A cookie is a small text file that a website, online application, or e-mail may save to your internet browser and/or your computer’s hard drive for use in subsequent visits to sites.

14.2.4. we may collect any information you enter, share or that can be obtained from your use of the Site.

14.2.5. We may share your personal information with third parties, except for sensitive information such as credit card information and I.D numbers, including with our services providers.

14.3. Some examples of things service providers may do that may involve your personal information are:

14.3.1. develop, host or maintain the Site on our behalf;

14.3.2. aggregate customer information and/or improve customer service. We may then share such aggregated information with prospective marketing partner, advertisers and social media such as Facebook, Instagram, Google. Taboola etc;

14.3.3. for statistical purposes – We may use third-party analytics and personalization services to analyze site metrics and performance, analyze our visitors preferences.

14.4. These service providers are granted access to some or all of your personal information as necessary and may use cookies (as defined above) or other automatic collection technology on our behalf.

14.5. Right to Request Access to or Deletion of Personal Information: you may have the right to request information regarding the collection of your personal information by the Site, or access to or deletion of your personal information. If you wish to access this information, please contact us using the contact information provided below.

15. COPYRIGHT INFRINGEMENTS:

15.1. We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

16. CONTACT US:

16.1. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by:

Address: 8 Ha’Mada St., Herzliya, ISRAEL;

Phone:972(0)50-3555607;

or email: [email protected]

 

All rights in this document above reserved to Daniel Bahry law office.

Last updated: January 2024