Website Terms and Conditions

• General
  • The company’s website, operating at www.diskiss.com (hereinafter: “the Site”), is an internet website that serves as a virtual store for the sale of products, sportswear, and related accessories to consumers in Israel. The owner and operator of the Site is Diskiss Company (DISKISS Ltd. 323965616), 1 Hanarkis St., 1462300, Tiberias (hereinafter: “the Company and/or the Site Owner”).
  • To purchase a product, you are requested to provide additional information for the purpose of completing the transaction, such as name, address, email address, phone number, and credit card details to the system.
  • The user is aware and hereby agrees that all details provided to the site registration system and/or arising from their activity on the site, including information collected about the customer during browsing, will be stored in the system’s databases. By registering on the site and using it, the user confirms the storage of such information.
  • Diskiss Company undertakes not to make any use of the information without your permission, unless required by law or to prevent misuse. It will allow access to the information only to those of its employees who need the information for the purpose of providing the service.

• • Dear User, for your information and attention:

All prices, promotions, discounts, benefits, coupons, and products appearing on the site are valid for ordering on the site only.

Prices on the site may differ from prices in the company’s stores, being either cheaper or more expensive, and there may be promotions, including products participating in a promotion, which will take place as part of a promotion on the site only and not in the company’s stores, and vice versa. For the avoidance of doubt, it is clarified and emphasized that the user shall not be entitled to make any claim of any kind whatsoever regarding a contradiction or discrepancy between the prices, promotions, participating products, or inventory offered on the site and those in the company’s stores or in the information presented in the company’s various publications.

• These terms and conditions, including the links appearing herein, constitute a binding agreement between the user and the Company, for all intents and purposes. It is clarified that browsing the site and/or performing any action on the site constitutes the user’s consent to accept and act according to the provisions of the terms and conditions. Therefore, before performing any action on the site, the user is requested to read, very carefully, the terms of use of the site, including the privacy policy
• It shall be clarified that disagreement with the provisions of the terms and conditions, in whole or in part, negates the right to use the site for any purpose whatsoever, and he/she and/or anyone on his/her behalf shall have no claim and/or demand against the site owner and/or its operator and/or anyone on their behalf, except for claims related to a breach of the obligations of the site owner and/or its operator according to these terms and conditions and participation rules.
• The terms of use of the site apply to the use of the site and the services included therein via any computer or other communication device (such as a mobile phone, handheld computers of various kinds, etc.). Likewise, they apply to the use of the site, whether via the Internet or via any other network or communication means.
• An action on the site is any act of ordering or purchasing products and/or other services offered on the site, as offered (hereinafter: “Action”).
• These regulations are written in the singular masculine form for convenience only, but should be seen as referring equally to all genders and also to the plural form.
• For the purpose of these regulations, “User” – any person, including a company, may use the site, including performing actions through the site, all subject to fulfilling the cumulative conditions detailed below:
  • The user is competent to perform binding legal actions. Meaning, the user declares that he/she is a company, or an individual aged 18 years or older.
  • The user holds a valid credit card legally issued by one of the credit card companies active in Israel.
  • The user has registered on the site in accordance with the provisions of these regulations.
• The binding and determining version of the regulations at any given time is the version of the regulations published on the site. Therefore, it is recommended to review the provisions of the regulations upon each re-entry to the site in order to be aware of any changes that may have occurred in its provisions, if any such changes were made.
• The Company reserves the right to change the regulations from time to time at its sole discretion, without the need for prior notice and/or notification. Any such change will bind users and will also apply to purchases made on the site, starting from the date of publication of the updated regulations on the site.
• In any case of contradiction and/or discrepancy, of any kind whatsoever, between the content of the site and the provisions of these regulations, the provisions of the regulations shall prevail and apply.
• It is clarified that the Company may, at its discretion, cease the operation of the site at any time and without prior notice.
• The site owner may offer promotions, benefits, and discounts on the site and may at any time discontinue these promotions, benefits, and discounts, replace them, or change them, without needing to provide any prior notice thereof.

• Making a purchase on the site
  • The site allows, among other things, the selection and purchase of items from among the items appearing on the site.
  • Payment on the site is made by credit card only. It is not possible to pay with reloadable cards, cash, or any other payment method other than a credit card. It should be noted that payment can be made with a credit voucher issued in stores for redemption in the company’s stores.
  • Redemption of a gift voucher for a price lower than its face value, where the difference does not exceed 5% of the voucher’s face value or is NIS 100 (whichever is lower), the customer will be entitled to receive the said difference in cash. If such a difference exists, the customer may contact customer service as detailed in these regulations.
  • To place an order for a product or service, you must first select the product or service, including size, color, and quantity. Afterwards, basic details such as name, address, email address, phone number, and credit card number must be entered on the action page (hereinafter: “the Order Form”), and then the user becomes the “Action Performer” (hereinafter: “the User”).
  • To ensure the order is processed quickly and without errors, care must be taken to provide correct details. If incorrect details are provided when placing the order, the Company cannot guarantee that the products will reach their destination. If the products are returned to the Company due to incorrect details, the User will be charged for shipping and handling fees. Intentionally providing incorrect details and/or without authorization may constitute a violation of the law, and legal, civil, and criminal proceedings may be taken against those submitting such false details.
  • After filling out the order form, the credit card details will be verified through the clearing company. After receiving approval from the clearing company and the user performs a CHECK OUT action, an appropriate notification will be given that the action has been received by the system. It is emphasized that the purchase transaction will only be completed after the Company receives approval from the credit card company for the charge, in accordance with the existing work procedures between the credit card companies and the Company (hereinafter: “Order Placement”). Confirmation of the order placement will be sent by email within up to 72 hours from the time of order confirmation.
  • The Company’s data processing computer records, which manage a computerized record of all actions on the site as mentioned, will constitute prima facie evidence of their contents. If the transaction is not approved by the credit card company, the User will receive an appropriate notification. To complete the purchase, the User will be required to contact the Company’s customer service center by phone to arrange for credit card company approval for the transaction. It is clarified and emphasized that an order and purchase action will be considered complete only after verification of credit details and approval of payment by the User and the credit card company. In any case, delivery times will be calculated only from the date of transaction approval by the credit card company. Without final approval from the credit card company for the transaction, the order will be void, and the Company will not be obligated to the User or any third party in any way, including not reserving the product in the Company’s inventory.

For your information and attention:

Confirmation of the purchase action and the Company’s commitment to supply the product are conditional upon the product being actually available in the Company’s warehouse stock on the requested delivery date and after the Company receives approval from the credit card company for the charge, in accordance with the existing work procedures between them and the Company. If the transaction is not approved by the credit card companies – the customer will receive an appropriate notification. In the event that an item is out of stock and/or there is a problem with its supply, for any reason whatsoever, the Company shall be entitled to notify the user of the cancellation of the missing item from the order and to supply the user with the remainder of the order without the missing item. Such notification will be delivered to the user via email and/or by telephone, at the Company’s discretion. In such a case, the user will have no claim whatsoever against the Company, and by placing the order, the user waives any such claim. The Company reserves the right to limit the quantity of items in any order. It is clarified that whether or not it is stated on the Company’s website that the product is in stock, whether or not it is stated on the Company’s website that the product is not in stock, and whether or not the product was removed from the website by the time the order was placed, the Company shall not be obligated to sell the product, and the user shall have no claim and/or demand and/or lawsuit in this regard for any type of damage, whether direct damage or indirect damage caused to him/her and/or to any third party. Nothing in this section shall derogate from the Company’s obligation to refund the user any amount paid, if such amount was indeed paid to the Company, or to cancel the charge if it was made, in the event that the product is not actually available in the Company’s stock.

• In any case where, due to “force majeure,” the Company is prevented from managing the site properly, supplying the products, or fulfilling any other of its obligations, the Company shall be entitled to cancel the engagement with any user. In this section, “force majeure” means as commonly accepted by law and includes computer malfunctions, telephone system malfunctions or malfunctions in other communication systems, any sabotage, cyber attack, epidemic, boycott, strike, lockout, natural disaster, security event, and the like.
• It is clarified that the Company shall not bear any liability, directly or indirectly, in the event that the user is unable to use the site due to a malfunction, interruption, or any disruption in its proper operation.
• Photographs and/or drawings of the products displayed on the site are for illustration purposes only and do not bind the site management. It is agreed and clarified that the Company will endeavor to do its best to present site users with photographs and data as accurate as possible regarding the products.
• The Company does not undertake to maintain stock of all models and/or clothing items whose images appear on the site.
• The Company makes every effort to ensure that the information presented on the site is the most complete and accurate information. However, it is clarified that inaccuracies or errors may appear on the site, in good faith, and the Company will not bear any direct, indirect, consequential, or special damage that may be caused, if any, to the user or any third party as a result thereof.
• If an error occurs in the product description and/or in the transaction details, the Company may cancel the specific purchase and credit the user with a full refund.
• The site management may update product prices on the site and shipping rates from time to time without prior notice. The valid price for an order placed is the price published when the order registration process in the Company’s system was completed (including the provision of credit card details). If prices are updated before the completion of the aforementioned order registration process, the site user will be charged according to the updated prices.
• The site is for sale to individuals only and not for wholesale or resale, unless the Company has given its written consent thereto.
• Clarification: In promotions such as 1+1; 2+1; 50% off the second item; 3 units for NIS 100, etc., where the discount is based on the cheapest among them, meaning the cheapest among all products purchased by the customer in the transaction.
• In a “discount on discount” promotion – the additional discount will be calculated from the remainder of the first/higher discount on the regular price. Example for illustration: 30% discount + 10% additional discount, meaning the 10% additional discount is on the price after the discount and not a total discount of 40% (10%+30%).
• Newsletter registration coupon benefit: If the Company offers a coupon benefit – register for the newsletter and receive a coupon code for a 10% discount by email for the first purchase on the site. For use on the Diskiss website for the first purchase. For one-time use. The benefit is not exchangeable, accumulative, or convertible in any way. The additional 10% discount will be calculated from the remainder of the first higher discount and not a total discount on the entire amount. For your convenience, an example is provided above.
• The Company reserves the right to prevent access to sales and/or block access to the site for users whose behavior is inappropriate or not in accordance with the terms and conditions and/or participation rules, or who attempt to harm the proper management of the site.
• The user undertakes to indemnify and compensate the Company or anyone on its behalf, immediately upon its first demand, for any damage, loss, loss of profit, payment, or expense, including by virtue of any demand, claim, judgment, settlement, enforcement, and including legal expenses and legal consultation costs, arising, directly and/or indirectly, from a breach of the terms of use and/or any act and/or omission of the user and/or from any liability with which the Company or anyone on its behalf is charged, for which, according to the terms of use, the Company has no responsibility.
• It is hereby clarified that the provisions of the Consumer Protection Law, 5741-1981, and the regulations enacted thereunder (hereinafter: “the Consumer Protection Law”) applicable and valid at the time of the transaction, are the binding provisions even if otherwise stated in these regulations or on the site.

• Sales Method

Sales on the site are by a regular sales method for all intents and purposes. Sale of products at a pre-fixed price until stock runs out, in accordance with the instructions on the site and the terms of these regulations.

• Shipping and Returns
  Delivery, Transport, and Shipping Times
  • The Company will arrange for the delivery of any product purchased by you on the site to the address in Israel that you entered when making the purchase. The Company will endeavor to supply the products or services in accordance with the delivery terms specified on the action page of the products or services. The Company will be obligated to supply a product only after it has been paid for in full, via credit card, as detailed below.
  • The Company will not be responsible for any delay or postponement in delivery and/or non-delivery caused by force majeure and/or events beyond the Company’s control, including strikes, lockouts, security situations, and the like.
  • In areas with security-restricted access, whether permanently or temporarily, the Company shall be entitled to make the products available to the user at a nearby acceptable location, which will be coordinated with him/her in advance. However, in such areas, there may be a delay of up to 14 days in the delivery date, and such delay shall not be considered any delay in the supply of the product.
  • The purchased product will be delivered by a shipping company to the user’s home within 5-7 business days from the date of order placement, as defined above. All shipments are payable by the user according to the shipping rates detailed below, unless otherwise determined by the Company.

• Delivery to remote localities will be provided by a shipping company to the user’s home within 7-10 business days from the date of order placement, as defined above.
• It is clarified and agreed that the site management will not be responsible for any case of loss, theft, or damage to the shipment caused to the products or packaging after the customer has confirmed in writing to the shipping company to leave the package at a location of her choice or to someone on her behalf (without direct delivery of the products).

Shipping Rates

• The cost of shipping an order (in one package) whose amount does not exceed NIS 199 – will be NIS 29 shipping fee per package.
  Shipping of an order (in one package) whose final amount after discounts (including discounts at the time of billing) exceeds NIS 199 – will be free of shipping cost (for one package).
• If the sum of products in the shopping cart does not qualify for free shipping (subject to the company’s policy as it appears on the site), a shipping cost of NIS 29 will be added to the sum of products in the shopping cart. Example for illustration: an item costs NIS 100 + NIS 29 shipping fee – total price NIS 129.
• The company management reserves the right to update shipping rates from time to time at its sole discretion.
• The delivery date of products/services detailed on the action page is in business days counted from the day the order is placed (Sundays to Thursdays, not including Fridays, Saturdays, holiday eves, and holidays). The Company does its best to advance the delivery date and/or adapt it to the user’s needs, subject to the policies of the transport companies.

Return or Exchange Conditions According to Company Policy

• If the consumer does not have the right to cancel the transaction according to the law, the consumer may return/exchange the product in accordance with the company’s policy below:
  • Any item can be returned to the company to be exchanged for another item or to receive credit for the amount paid for that item, provided the following cumulative conditions are met: (1) no use has been made of the item; (2) no damage has been caused to the item; (3) the item is in its original packaging; (4) the original invoice for the payment of the item is presented; (5) except in cases specified in the Consumer Protection Law; (6) it is not a product specially manufactured for the user or according to his/her measurements or according to special requirements.
  • The item can be returned at any of the chain’s locations (excluding outlet stores), within 14 days from the date of receipt of the product only. However, an item purchased on sale can be returned within 7 days only.
  • Items from previous seasons or outlet products cannot be exchanged.
  • An item cannot be returned or exchanged more than once.

• Customer Service

For details and questions regarding the site and its activity, you can contact the company’s customer service at tel: 050-5525512

• Transaction Cancellation
  • A customer may cancel the transaction made on the website subject to and in accordance with the provisions of the Consumer Protection Law, 5741-1981 (hereinafter: “the Consumer Protection Law”), within 14 days from the date of receiving the product, or from the date of receiving a document containing the transaction details, whichever is later. Notwithstanding the foregoing, the right of a consumer who is a person with a disability, a senior citizen, or a new immigrant to cancel the said transaction is within four (4) months from the date of making the transaction – from the date of receiving the asset or from the date of receiving the main transaction document, whichever is later, provided that the engagement in the transaction included a conversation between the dealer and the consumer. In case of discrepancy between the Company’s provisions and the provisions of the law, the provisions of the Consumer Protection Law shall prevail.
  • Cancellation of the transaction will be done by sending a cancellation notice to the Company in one of the following ways: orally; by telephone: 050-5525512, or by oral notification at one of our branches. By registered mail; to Diskiss (DISKISS), 1 Hanarkis St., Tiberias; Internet at diskiss.co.il.
  • In the event of a transaction cancellation, not due to a defect, non-conformity, non-delivery of the asset by the specified date, or other breach by the Company – the Company will charge the customer a cancellation fee for the transaction cancellation, at a rate not exceeding 5% of the price of the product subject to the transaction, or NIS 100, whichever is lower. In accordance with the Consumer Protection Law, cancellation fees also include shipping costs, packaging, and any other expense and commitment of the Company due to its engagement in the transaction or its cancellation.
  • In the event of a transaction cancellation by the customer as stated, the Company will act to cancel the customer’s charge, according to the payment method used and the actual amount paid (net) for the transaction cancellation, within 14 days from the date of receiving the cancellation notice. If the customer was actually charged, the Company will act to credit him/her and provide the customer with a copy of the charge cancellation notice. Any refund given by the site will be transferred only to the credit card through which the purchase was paid. The user must inspect the product immediately upon receipt.
  • For products sold as part of a set, the transaction cannot be canceled for an individual item from the set, but only for the entire set.
  • There is no right of cancellation for products that, according to provisions given by law, cannot be returned, including but not limited to, perishable goods; products that can be recorded, transcribed, or duplicated; products specially manufactured to the consumer’s order.
  • A distance selling transaction can be canceled and/or if the product has been used. It is clarified that the Company reserves the right to claim its damages if the value of the product has decreased as a result of a significant deterioration in its condition, inter alia, the return of a product that was in the consumer’s possession and as a result was damaged or impaired, whether due to use or not.
  • Exchange or return of products not due to transaction cancellation but in accordance with the Company’s policy, will be carried out in accordance with the provisions of the site’s regulations and as stated on the shipping and returns page.

Product Warranty Policy

• Warranty will be provided only for products purchased in stores owned by the Company, excluding outlet products, and subject to the presentation of a signed warranty certificate and/or invoice and/or exchange slip, or other proof regarding the transaction itself, its date, the amount paid for it, and the means of payment.
• The site management will not bear any responsibility whatsoever, unless otherwise stated on the product.
• The Company does not offer repair services for its products after the warranty period has expired, including not for a fee.
• The customer must check that the product is to their satisfaction before making the purchase. The warranty covers defects arising from a failure or flaw in the manufacturing process only. No warranty will be provided for damages resulting from use of the product and/or natural wear and tear and/or product erosion and/or improper use and/or unreasonable use and/or use not in accordance with the manufacturer’s instructions (including instructions regarding cleaning and care) and/or caused maliciously.
• For expansion and further details on the Company’s warranty policy and for the warranty certificate for products according to the Consumer Protection Regulations (Warranty and After-Sales Service), 5766-2006

• Liability
  • The Company and/or the site management and/or anyone on their behalf will not be responsible and will not bear any direct, indirect, consequential, or special damage caused to the user and/or surfer and/or orderer and/or a third party, as a result of use or purchase through the site, not in accordance with these regulations – whatever the cause of action may be – including loss of income and/or prevention of profit caused for any reason whatsoever.
  • Without derogating from the above, it is clarified that use or purchase through the site not in accordance with the provisions of these regulations will grant the Company the right to cancel the order placed not in accordance with the said regulations.
  • The site may contain links (“links”) to other sites, Israeli or foreign. The Company will not bear any responsibility for the content of those sites and for any information published on them. The presence of the link on the site does not constitute a recommendation to visit it, and a visit by the user will be at his/her independent discretion. For the avoidance of doubt, the Company will not be responsible for any direct or indirect, financial or other damage caused to the customer as a result of reliance on the content of the information appearing in those links.
• Intellectual Property
  • All intellectual property rights in all content on the site, including trademarks, patents, copyrights, designs, methods, and trade secrets, are the sole property of the Company.
  • These rights apply, inter alia, to the graphic design, its databases (including product lists, product descriptions, etc.), the site’s source code, and any other detail related to its operation.
  • No commercial use may be made of the data published on the site, the site’s database, the lists and images of products appearing therein, or other details published by and/or on behalf of the Company without obtaining its prior written consent.
  • No data published on the site may be used contrary to the provisions of the regulations and/or without obtaining the Company’s prior written consent and subject to the terms of that consent (if and to the extent given). This includes a prohibition on collecting data from the site using software and/or distributing such data publicly in a commercial manner or commercial framework. No information from the site (including trademarks, images, texts, and source code) may be copied, duplicated, distributed, sold, marketed, or translated without the Company’s express prior written permission. The site may not be displayed within a frame (Frame), visible or hidden, and no links may be made to pages within it (“deep linking”), but only to the homepage.
  • Icons, all information and/or displays appearing on the site, including graphics, design, verbal presentation, trademarks, logos, as well as their editing and presentation, are the exclusive property of the Company and/or anyone on its behalf. The content appearing on the site may not be copied, duplicated, distributed, published, or used in any other way unless the Company has given its prior written consent.
• Law and Jurisdiction
• Privacy – We undertake not to transfer customer details to third parties.

The provisions of these regulations or any other document appearing on the site, including the privacy policy, shall be governed exclusively by the laws of the State of Israel. Any dispute between the Company and the user in connection with the foregoing shall be heard exclusively in the courts of Israel.