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Terms of Service

Terms of Use

This website is operated by Leviana. The terms “we,” “us,” and “our” refer to Leviana. Leviana makes this website, including all information, tools, and services available from this site, available to you, the user, conditioned upon your acceptance of all terms, conditions, and notices stated here.

By visiting our website and/or purchasing our products, you agree to our service and the following terms and conditions (“Terms of Use,” “Terms”), including all additional terms and policies referenced herein and/or available via hyperlink. The Terms of Use apply to all users of the website, including, without limitation, users who are visitors, suppliers, customers, merchants, and/or content providers.

Please read the Terms of Use carefully before visiting or using our website. By visiting our website or using any part of it, you agree to the Terms of Use.

If you do not agree to all the terms and conditions of this agreement, then you may not visit the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. Any new features or tools added to the existing store are also subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of the Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Withdrawal period: the period during which the consumer may exercise their right to withdraw from the contract.
  • Consumer: a natural person who is not acting in the course of their business and who enters into a distance contract with a supplier.
  • Day: calendar day.
  • Continuous transaction: distance transaction relating to several products and/or services, in which the obligation to deliver and/or accept extends over a specified period.
  • Information medium on a durable medium: any instrument that allows the consumer or professional to store information addressed to them and to consult it at a later date, without the stored information being altered.
  • Right of withdrawal: the possibility for the consumer to withdraw from a distance contract during the withdrawal period.
  • Supplier: natural or legal person who offers products and/or services to consumers at a distance.
  • Distance contract: a contract concluded as part of an organized system for the distance sale of products and/or services, in which means of distance communication are used to conclude the contract.
  • Means of distance communication: means that can be used to conclude a contract without the consumer and the professional being simultaneously in the same place.
  • Terms of use: the supplier's terms of use.

Article 2 - Identity of the supplier

Email address: support@levianaanddaughters.com

Company name: Leviana

Article 3 - Application

These terms of use apply to all offers made by the supplier and to all distance contracts and orders between the supplier and the consumer.

Before the distance contract is concluded, these terms and conditions must be brought to the consumer's attention. If this is not possible, it must be stated before the distance contract is concluded that the terms and conditions are available for consultation at the merchant's offices and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is signed electronically, by way of derogation from the previous paragraph, the consumer may consult the general terms and conditions electronically before the distance contract is concluded, so that they can be easily stored on a durable medium. If this is not possible, it shall be indicated, prior to the conclusion of the distance contract, where the general terms and conditions can be consulted online and that they will be sent free of charge by electronic means or by any other means at the consumer's request.

If, in addition to the general terms and conditions of use, special conditions apply to the product or service, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of a conflict between the general terms and conditions of use, the consumer may always invoke the provision that is favorable to him.

If one or more provisions of these terms and conditions of use are found to be illegal or invalid, in whole or in part, the contract and these terms and conditions of use shall remain in force and the illegal provision shall be replaced without delay by a provision that comes as close as possible to the original intention of the illegal provision.

Cases not covered by these terms and conditions will be dealt with in accordance with the spirit of these terms and conditions. Any ambiguity regarding the interpretation or content of one or more provisions of these terms and conditions will be interpreted in accordance with the spirit of these terms and conditions.

Article 4 - Offer

If the offer has a limited duration or is subject to conditions, this will be clearly stated in the offer. The offer is not binding. The contractor has the right to modify or adapt the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to evaluate the offer in an informed manner. If the trader uses images, these must accurately reflect the products and/or services offered. Obvious errors in the offer are not binding on the contractor.

All images, specifications, and information contained in the offer are indicative and cannot give rise to compensation or cancellation of the contract. Product images give a true picture of the products offered. The contractor cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains sufficient information for the consumer to understand the rights and obligations arising from acceptance of the offer. This applies in particular to

  • Prices include VAT, unless otherwise stated. Customs duties, VAT, or any other taxes imposed by Israeli customs when importing goods are the responsibility of the customer, in accordance with Israeli law.
  • Shipping costs, if applicable.
  • The terms and conditions for concluding the contract and the steps to be taken to do so.
  • The existing right of withdrawal.
  • Method of payment, delivery, and performance of the contract.
  • Period during which the offer must be accepted or period during which the supplier is bound by the price.
  • Telecommunications prices, if the cost of using telecommunications technology is calculated on a basis other than the usual basic prices for the means of communication used
  • Whether the contract will be stored after its conclusion and, if so, how the consumer can access it
  • How the consumer can check the information they have provided regarding the contract before its conclusion and correct it, if necessary
  • the other languages in which the contract may be concluded, with the exception of Dutch
  • the codes of conduct to which the trader has adhered and how the consumer can access them electronically
  • the minimum duration of the distance contract in the case of a transaction of a continuous nature.
  • Optional: dimensions, colors, and types of materials available.

Article 5 - The contract

Subject to the provisions of Article 4, the contract is concluded when the consumer accepts the offer and meets the conditions contained therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm acceptance of the offer electronically. If the trader does not confirm acceptance, the consumer has the right to terminate the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to ensure the transmission of data electronically and to provide a secure electronic environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

The merchant has the right to verify, within the limits of the law, whether the consumer is able to fulfill their financial obligations, as well as all elements and factors relevant to the conclusion of a distance contract in a responsible manner. If, on the basis of this verification, the trader has valid reasons to refuse to conclude the contract, they may reject the order or request or set specific conditions for the performance of the contract.

Along with the product supplied to the consumer or the service provided, the trader shall provide the following information in writing or in a manner that allows the consumer to store the information on a durable medium:

  1. the address of the merchant's registered office, to which the consumer may address complaints
  2. the conditions under which the consumer may exercise their right to terminate the contract and the manner in which they may exercise this right, or a clear statement that the right to terminate the contract is not recognized
  3. information on existing liability and after-sales service
  4. the information referred to in paragraph 4, point 3, of these general terms and conditions, if the trader has not provided this information to the consumer before the contract is concluded
  5. the conditions for terminating the contract, if it has been concluded for a period of more than one year or for an indefinite period. In the case of a continuing transaction, the previous provision shall apply only to the first delivery. All contracts are concluded subject to the availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason. The withdrawal period begins on the day after the consumer takes possession of the products or on the day after the products are received by a representative of the consumer who has informed the supplier of this intention.

During the withdrawal period, the consumer must handle the product and its packaging with care. They may only open the product or use it to the extent necessary to check whether they wish to keep it. If they exercise their right of withdrawal, they must return the product with all accessories and, as far as possible, in its original condition and packaging, to the manufacturer, in accordance with the latter's clear and reasonable instructions.

If the consumer wishes to exercise their right of withdrawal, they must notify the manufacturer within 30 days of receiving the product. The consumer must submit this notification in writing/by email.

Once the consumer has notified their intention to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the product has been returned within the time limit, for example by presenting proof of shipment. If the consumer does not inform the supplier of their intention to exercise their right of withdrawal within the time limits set out in paragraphs 2 and 3, or if they do not return the product to the supplier, the purchase will be final.

Article 7 - Costs in the event of termination of the contract

If the consumer exercises their right to terminate the contract, the costs of returning the products shall be borne by the consumer. If the consumer has made a payment, the supplier shall refund the amount as soon as possible, but no later than 14 days after termination of the contract. However, this refund is subject to receipt of the product by the online store or presentation of proof that the product has been returned in its entirety.

Article 8 - Exclusion of the right to terminate the contract

The right of withdrawal does not apply to products that are made specifically for the consumer, that deteriorate quickly, or that cannot be returned for hygiene reasons (such as underwear, cosmetics, and hygiene products), unless the product is defective. The non-application of this right is only valid if it has been clearly indicated to the consumer prior to purchase.

The right to terminate the contract can only be excluded for products:

  1. that have been manufactured by the manufacturer according to the consumer's specifications
  2. that are clearly personal in nature
  3. that cannot be returned due to their nature
  4. that are likely to deteriorate or expire rapidly
  5. whose price depends on fluctuations in the financial market that cannot be controlled by the manufacturer

Specialized newspapers and magazines

Audio and video recordings and computer software from which the consumer has removed the security devices

Hygiene products from which the consumer has removed the security devices.

The right of withdrawal may only be exercised for services: related to accommodation, transport, catering, or leisure activities that must be provided on a specific date or during a specific period

if delivery has begun with the consumer's express consent before the expiry of the withdrawal period

that involve games of chance and lotteries.

Article 9 - Price

During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price variations resulting from changes in VAT rates.

Notwithstanding the previous article, the manufacturer may offer products or services at prices that vary according to fluctuations in the financial market, beyond its control. The link between these fluctuations and the indicative nature of the prices mentioned will be specified in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they result from legislative or regulatory provisions.

Price increases after three months from the conclusion of the contract are only permitted if the contractor has consented to them and:

  1. they result from legislative or regulatory provisions, or
  2. the consumer has the right to terminate the contract from the date on which the price increase takes effect.
  3. Prices include Israeli VAT, unless otherwise stated. All customs duties, VAT, or other taxes imposed by the Israeli customs authorities on imports of goods are the responsibility of the customer, in accordance with Israeli law.
  4. All prices are subject to typographical and typing errors. The contractor is not liable for the consequences of typographical and typing errors. In the event of typographical or typing errors, the contractor is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and liability

1. The contractor undertakes to ensure that the products and/or services comply with the contract, the specifications mentioned in the offer, reasonable requirements in terms of quality and/or suitability for use, and the regulations and/or standards in force at the time of conclusion of the contract. If agreed, the Contractor also undertakes to ensure that the product is suitable for purposes other than its usual use.

The liability assumed by the Contractor, the manufacturer or the importer does not affect the legal rights and remedies that the consumer may invoke against the Contractor in accordance with the contract.

Any defective or incorrectly delivered products must be reported in writing to the manufacturer within 14 days of the delivery date. Products must be returned in their original packaging and in new condition.

The manufacturer's warranty period corresponds to the manufacturer's warranty period. However, the manufacturer is in no way responsible for the final suitability of the products for the consumer's personal use, nor for advice regarding the use or application of the products.

Liability does not apply in the following cases:

  1. The consumer has repaired and/or modified the products delivered to them or has had a third party repair and/or modify them.
  2. The delivered products have been used or handled under unusual conditions or in a manner that does not comply with the supplier's instructions and/or the instructions for use on the packaging.
  3. The defect has been caused in whole or in part by government regulations relating to the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The contractor will take the utmost care in receiving orders for products and in fulfilling them.

In accordance with the provisions of Article 4 of these general terms and conditions, the contractor will fulfill orders it has received within a reasonable period of time, but no later than 30 days, unless the consumer has agreed to a later delivery date.

In the event of a delay in delivery or if the order can only be fulfilled partially or not at all, the consumer will be informed within 30 days of the date of the order.

In this case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.

If the contract is terminated in accordance with the previous paragraph, the supplier shall refund the consumer the amount paid as soon as possible, but no later than 14 days after termination of the contract.

If it turns out that the product ordered cannot be delivered, the merchant will endeavor to provide a replacement product. At the latest upon delivery, it must be clearly and expressly stated that this is a replacement product.

The right to terminate the contract cannot be excluded in the case of replacement products. The costs of returning the products, if any, shall be borne by the manufacturer.

The supplier shall be liable for any damage or loss of the products until they are delivered to the consumer or his representative, who has informed the supplier thereof, unless otherwise expressly agreed.

Article 12 - Validity of the contract: duration, termination, and extension

Termination

The consumer has the right to terminate a contract of indefinite duration for the regular delivery of products (including electricity) or the provision of services at any time, in accordance with the agreed termination conditions and with a maximum notice period of one month.

The consumer may terminate a fixed-term contract for the periodic supply of products (including electricity) or services at any time upon expiry of the contract, in accordance with the agreed termination conditions and with at least one month's notice.

The consumer has the right to terminate the contracts referred to in the preceding paragraphs:

  • at any time, without limitation to a specific date or period
  • at least in the same manner as they were concluded
  • always respecting the notice period set by the supplier.

Extension

A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Contrary to the previous article, a fixed-term contract for the regular delivery of newspapers, magazines, or periodicals may be tacitly extended for a maximum period of three months, provided that the consumer may terminate the extended contract at the end of the extension period by giving one month's notice.

A fixed-term contract for the regular delivery of products or the provision of services may be tacitly extended for an indefinite period only if the consumer can terminate it at any time with a maximum of one month's notice, and in the case of contracts for the regular delivery of newspapers, periodicals or magazines with a frequency of less than one month, with three months' notice.

Fixed-term contracts for the regular delivery of newspapers, magazines, or periodicals (trial subscription or introductory subscription) cannot be tacitly extended and expire automatically at the end of the trial or introductory period.

Contract duration

If the contract has been concluded for a period of more than one year, the consumer has the right to terminate it at any time after the expiration of the year, with one month's notice, unless termination before the expiration of the agreed period is considered abusive or illegal.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer are payable immediately upon ordering, using the payment methods offered (such as credit card, PayPal, or other payment methods accepted in Israel). In the case of a service contract, this period begins on the date of acceptance of the contract by the consumer.

The consumer is required to immediately inform the supplier of any inaccuracy in the payment information provided or indicated.

In the event of non-payment by the consumer, the supplier is entitled, subject to the restrictions provided for by law, to collect the reasonable fees that the consumer has indicated in advance.

Article 14 - Examination of complaints

1. Complaints about the performance of the contract must be submitted in a complete and clear manner to the contractor within 7 days of the consumer discovering the defects.

Complaints submitted to the contractor will be answered within 14 days of receipt. If the examination of the complaint requires more time, the manufacturer will issue a confirmation of receipt of the complaint within 14 days and indicate when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, the dispute will be submitted to arbitration.

The filing of a complaint does not suspend the performance of the contractor's obligations, unless the contractor has expressly stated otherwise in writing.

If the contractor acknowledges the complaint as the basis for a claim, it will replace or repair the products supplied, at its discretion, free of charge.

Article 15 - Disputes

Agreements between the contractor and the consumer to which these terms and conditions apply are governed exclusively by French law, even if the consumer resides abroad.

Article 16 - Contact details

Questions regarding the terms and conditions may be sent to

support@levianaanddaughters.com.

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